312. Regulation of the Federal Minister for Economic Affairs, Family and Youth, with which the Combustion Plants Ordinance-FAV is amended

On the basis of § 82 (1) of the 1994 Commercial Code (Gewerbeordnung)-GewO 1994, BGBl. N ° 194, as last amended by the Federal Law BGBl. I n ° 111/2010, is assigned by the Federal Minister for Economic Affairs, Family and Youth in agreement with the Federal Minister for Agriculture, Forestry, Environment and Water Management:

The Fire Plant Ordination-FAV, BGBl. II No 331/1997, shall be amended as follows:

1. § 1 (1) reads:

" (1) This Regulation shall apply, in so far as paragraph 2 of this Regulation does not specify otherwise, for authorized and pursuant to § 29 for already approved industrial plants in which combustion plants (§ 3 para. 1 Z 1) with a rated thermal power of 50 kW to shall be used for a fuel heat output of less than 50 MW. For combustion plants with a fuel heat output of 50 MW or more, the emission regulations applicable to steam boiler installations (in particular the emission limit values as defined in Appendix 1 to the emission control law for boiler installations-EC-K, BGBl. I n ° 150/2004, as last amended by the Federal Law BGBl. I n ° 84/2006, the determination of the emission limit values for the purposes of Annex 2 to the EC-K and the Air Control Regulation for boiler installations 1989-LRV-K 1989, BGBl. N ° 19/1989, as amended). '

2. § 2 para. 1 Z 2 reads:

" 2.		The provisions of the Waste Incineration Ordinance-AVV, BGBl. II No. 389/2002, in the version of the AVV-Novelle 2010, BGBl. II No 476,

3. § 2 para. 2 second sentence reads:

" This proof is due to the submission of an expert opinion from accredited bodies within the scope of their accreditation (§ 11 para. 2 of the Accreditation Act, BGBl. No 468/1992), of federal or state institutions, of state-authorized institutions, of civilian technicians, of engineering firms (advisory engineers) or-for combustion plants, whose thermal energy does not exceed 10 MW- also to be provided by other traders, within the limits of their respective powers. "

4. § 3 (1) is amended as follows:

4.1. Z 2 is:

" 2.		conventional fuels
2.1		solid fuels (Z 3),
2.2		liquid fuels (Z 4),
2.3		gaseous fuels (Z 5),
2.4		standardised fuels (Z 5a); "

4.2. Z 3 and Z 4 are:

" 3.		solid fuels
a)			Biomass:
-				solid natural products of agricultural or forestry origin of vegetable material or parts thereof which are used for energy recovery (natural wood, for example in the form of pieces, chunks, wood chips, sawdust, rice vinegar, Pegs or compacts, natural bark or cork);
-				other fixed vegetable products from agriculture and forestry (e.g. cereal plants, grasses, miscanthus);
b)			Residues of wood-based materials or timber components (from production or woodworking or processing), with the exception of those resulting from a treatment with wood preservatives, by binder or hardener or by a coating of halogen-organic materials. compounds or heavy metals (such excluded residues include in particular wood residues from construction and demolition waste, if there is no evidence that they are free from organohalogen compounds or heavy metals);
c)			all types of lignite or coal;
d)			Brown coal briquettes, hard coal briquettes, coke;
4.		liquid fuels (a) liquid petroleum products intended to be used as fuel (heating oil, heating oil, heating oil, heating oil, extra light, heating oil extra low-sulphur-HEL-sulphur-poor, HEL with biogenic components); Sulphur content of extra-low-sulphur heating oil is not more than 10 mg/kg; (b) liquid biogenic fuels (liquid fuels produced exclusively or mainly from natural renewable material); "

4.3. The following Z 5a is inserted after Z 5:

" 5a.		standardised fuels fuels, the essential characteristics of which are laid down in technical regulations; "

4.4. In Z 15, the reference value shall be: "13% O2" by the reference value "11% O2" replaced.

5. § 4 (2) reads:

In order to carry out the individual emission measurements and to determine the loss of exhaust gas, an expert shall be drawn from the group of persons referred to in Article 2 (2), second sentence, which applies validated analytical methods, The quality assurance system has been set up and the analyses are documented in a comprehensible way. For combustion plants with a fuel heat output of not more than 10 MW, the quality assurance system may be replaced by quality assurance measures. "

6. The following paragraph 3 is added to § 4:

" (3) The results of the emission measurements in accordance with § 5 (1) Z 2 must be included in a measurement report in accordance with the provisions of Annex 5 of the German Emissions Declarations Regulation (BGBl). II No 292/2007, attached ÖNORM M 9413 Measurement report for air pollutant emission measurements-requirements for production 2002-07-01 are recorded; in combustion plants with a fuel heat output up to and including 10 MW the measurement report must be in accordance with either the ÖNORM M 9413 or the Annex 4 of the emission control regulation. "

7. In the table in § 5 (1) the indication shall be given "> 50" at SO 2 is replaced by a line.

8. At the end of Section 5 (1), the point shall be replaced by a line-point and the following subsentence shall be added:

" if the emission limit values for HCl and for SO are complied with 2 Where secondary measures are necessary, the owner of the operating plant shall also have, in respect of these pollutants, a combustion plant with a fuel heat output of less than 1 MW of individual measurements in the sense of the lit. a. "

9. The following paragraph 4 is added to § 5:

" (4) During the operation of combustion plants equipped with dust extractive facilities according to Z 1 or Z 2, unless continuous emission measurements are to be carried out in accordance with paragraph 1 (1) (1), the operability of the Separation devices

1.		in the case of electrical separators, through the control of the filter voltage and the filter current of each field,
2.		in the case of filter separators by qualitative measuring devices (e.g. triboelectric sensors)
controlled. If permissible parameters are exceeded during the function check, this must trigger an optical and acoustic alarm at the firing system or at an otherwise suitable location (e.g. a measuring wait). The acoustic signal may be receitable. If filtering separators are equipped with a starting bypass, its flap position must be continuously monitored and recorded. The recording must be kept in the operating system for at least three years in such a way that it can be introduced at any time to the authorities for inspection. "

10. § 8 reads:

" § 8. In the case of combustion plants in which ammonia or ammonium compounds are used to reduce nitrogen oxide emissions, the ammonia content in the combustion gas (ammonia slippage) must be the oxygen content of 0% in the combustion gas. the emission limit value of 30 mg/m 3 do not exceed. "

11. § 10 reads:

" § 10. Combustion plants for coal and/or Coke shall not exceed the following emission limit values in accordance with the highest fuel heat output provided for the respective combustion plant: "

	Fuel heat output (MW)
Pollutant	< 0.4	> 0.4-1	> 1-5	> 5-10	> 10
Dust mg/m3	150	150	50	20	20
SO2 mg/m3	-	-	-	-	400
CO mg/m3	1000	1000	150	150	150
NOx mg/m3	-	400	400	400	200

12. In the heading to the second section, the term "Wood combustion plants" by the term "Biomass combustion plants" replaced.

13. § 11 (1) The first sentence of the first subparagraph is:

"Wood combustion plants shall not exceed the following emission limit values for CO and HC in accordance with the maximum fuel heat output provided for the respective combustion plant:"

14. In the table in section 11 (1), the lines relating to the limit values for dust emission and the NO X -emission limit values and the note *).

15. In § 11, para. 2 is given the name "(4)" Paragraph 2 reads as follows:

" (2) Wood combustion plants may, in accordance with the highest fuel heat output provided for the respective combustion plant, be subject to the following emission limit values for dust and NO X do not exceed:

Pollutant	Fuel heat output (MW)
	< 1	1-2	> 2-10	> 10
Dust mg/m 3	150	50	20	20
NO X mg/m 3 Biomass (beech, oak, natural bark, spigot, rice or cork)	300	300	300	150
NO X mg/m 3 Biomass (other natural wood, for example, in the form of pieces, pieces of wood, wood chips or compacts)	250	250	250	150
NO X mg/m 3 Residues of wood-based materials or wooden components (including chipboard residues), their binders, hardeners, coatings and wood preservatives are free of heavy metal and halogen compounds.	500	400	400	200

16. The following paragraph 3 is added to § 11:

" (3) combustion plants for the combustion of straw or similar or similar combustion plants; Other vegetable substances (e.g. cereals, cereals, cereals, grasses, Miscanthus) may, depending on the highest fuel heat output provided for each combustion plant, be 11% O 2 Emission limit values shall not exceed:

Pollutant	Fuel heat output (MW)
	< 0.4	0.4-< 1	1-2	> 2-10	> 10
Dust mg/m 3	150	50 *	50	20	20
CO mg/m 3	800 * *	250	250	250	100
HC mg/m 3	50	20	20	20	20
NO X mg/m 3	500	500	400	400	200
SO 2 *** mg/m 3	350	350	350	350	350
HCl*** mg/m 3	30	30	30	30	30

*) For the combustion of Miscanthus and other standardised biogenic fuels 150 mg/m 3 .

**) In the case of combustion plants up to 100 kW, the limit value must be exceeded by up to 50% in part-load operation with 30% of the rated thermal power.

***) Does not apply to the incineration of Miscanthus and other standardised biogenic fuels. "

17. § 12 reads:

" (1) In the case of oil combustion plants, unless otherwise specified in paragraph 2, the following heating oils shall be fired in accordance with the highest fuel heat output provided for the respective combustion plant, which, apart from HEL with biogenic agents, may be used to: Components and of liquid standardised biogenic fuels, Section 2 (4) LRV-K 1989, BGBl.Nr.19, as amended by the BGBl Regulation. II No 55/2005, meet and meet the following requirements:

Fuel heat output (MW)	Heating oil
< 0.4	extra light *) extra easy-sulphurous HEL with biogenic components liquid standardised biogenic fuels
> 0.4	extra light *) extra easy-sulphurous HEL with biogenic components liquid standardised biogenic fuels light
> 30	all heating oils according to Article 3 (1) (4), but the sulphur content of which shall not exceed 0.5% by mass.

*) until the end of 31.12.2011.

(2) Sulphur-rich heating oils may be fired at each stage of the performance if appropriate other measures ensure that the individual air pollutants do not have higher emission concentrations than those for combustion of the heating oils permitted by the terms of paragraph 1 for each performance level. "

18. The table in § 14 is replaced by the following table:

Fuel	Fuel heat output (MW)
	> 2
Heating oil EL-sulphur arm	10
Heizöl EL, HEL with biogenic components liquid standardised biogenic fuels Heating oil L, heating oil M, heating oil	20

19. § 15 deleted.

20. The table in Section 17 (1) is replaced by the following table:

		Fuel heat output (MW)
		< 3	> 3-10	> 10
NO X mg/m 3	Heating oil extra light Heating oil EL-sulphur arm HEL with biogenic components liquid standardised biogenic fuels	150	150	150
NO X mg/m 3	Heating oil L, heating oil M, heating oil	450	400	250

21. § 22 reads:

" § 22. The owner of the plant has to have his combustion plant tested in accordance with the following provisions by experts from the group of persons referred to in § 2 (2), second sentence; for the first-time examination of combustion plants with a In any case, fuel heat output of more than 400 kW must be accredited bodies within the scope of the technical scope of their accreditation (§ 11 para. 2 of the Accreditation Act, BGBl. No 468/1992), institutions of the Federal Government or of a federal state, state-authorized institutions, civil engineers or engineering offices (consulting engineers), each within the limits of their powers. "

22. § 23 (3) (3), the first sentence is:

"(3) In the case of combustion plants with a nominal thermal power of up to 400 kW, in which standardised fuels are used, the proof referred to in paragraph 2 may be provided by means of a presentation"

23. § 29 reads:

" § 29. (1) For the date of entry into force of the Regulation BGBl. II No. 331/1997 already approved industrial plants with manually charged combustion plants for solid fuels within the meaning of § 3 (1) (3) of the Fire Plant Regulation, in the version before the Novelle BGBl. II No 312/2011, with a fuel heat output up to and including 100 kW:

1.		§ 4, as last amended by the BGBl Regulation. II No 312/2011, shall not apply;
2.		§ 10, in the version of the BGBl Regulation. II No 312/2011, subject to the proviso that the emission limit value for CO 3 000 mg/m 3 ,
3.		Section 11 (1), in the version of the BGBl Regulation. II No 312/2011, subject to the proviso that the emission limit values for CO and HC should be set at 13% O 2 and can be exceeded by up to 100% in each case;
4.		Section 25 shall apply with the exception of the third and fourth sentences of paragraph 1.

(2) For the date of entry into force of the BGBl Regulation. II No 331/1997 already authorised industrial plants in which combustion plants are used is subject to Article 3 (2), with the proviso that the Authority, in its decision on a case-by-case basis, also provides for the structural conditions, in particular with regard to: has to take into account any additional installation requirements.

(3) At the date of entry into force of the BGBl Regulation. II No 312/2011, where combustion plants are to be used, unless otherwise specified in paragraphs 4 and 5, industrial installations in which combustion plants are to be used must be:

1.		§ 4 (2), § 4 (3) and § 5 (4), as amended by the BGBl Regulation. II No 312/2011, at the latest three years after the date of entry into force;
2.		§ 10 (with regard to emission limit values for dust and nitrogen oxides), § 11 para. 2 in conjunction with § 3 paragraph 1 Z 15, § 11 para. 3, § 12 para. 1, § 14 and § 17 paragraph 1, as amended by the Ordination BGBl. II No 312/2011, in any case, in the event of an increase in fuel heat output or in the renewal of the firebox, including the combustion facilities, but at the latest by 1. Jänner 2018, correspond.

(4) At the date of entry into force of the BGBl Regulation. II No. 312/2011 already approved industrial plants, in which wood combustion plants with a fuel heat output of up to 2 MW are used, must be subject to § 11 para. 2, in the version of the Regulation BGBl. II No 312/2011, with regard to the emission limit value for dust, in any case, in the event of an increase in the fuel heat output or in the renewal of the firebox, including the combustion facilities, but at the latest by 1. Jänner 2020.

(5) At the date of entry into force of the BGBl Regulation. II No. 312/2011 already approved industrial plants, in which wood combustion plants with a fuel heat output of more than 2 MW to 5 MW are used, must differ from § 11 (2), in the version of the Regulation BGBl. II No 312/2011, a dust emission limit value of 50 mg/m 3 in any case, in the event of an increase in the fuel heat output or in the renewal of the firebox, including the combustion facilities, but at the latest by 1. January 2018, provided that they are not already at the entry into force of the Regulation BGBl. II No 312/2011

1.		a dust emission limit value of 50 mg/m 3 (Section 11 (1) of the BGBl Regulation). II No 331/1997) or
2.		without technical adaptation measures, the emission limit value of 20 mg/m 3 can be observed.

(6) Up to the dates referred to in paragraphs 3, 4 and 5 above, to which the previously authorised operating facilities referred to therein are subject to the provisions of the BGBl Regulation. II No 312/2011, the relevant provisions of the BGBl Regulation are to be in accordance with the relevant provisions. II No 331/1997. '

24. The previous text of § 30 will be the sales designation "(1)" , the following paragraph 2 is added:

" (2) § 1 (1), § 2 (1) Z 2, § 2 para. 2, second sentence, § 3 sec. 1 Z 2, Z 3, Z 4, Z 5a and Z 15, § 4 para. 2, § 4 para. 3, § 5 para. 1 and para. 4, § 8, § 10, § 11 paragraph 1, including the title of the second section, § 11 para. 2, para. 3 and para. 4, § 12, § 14, § § 14 Article 17 (1), § 22, § 23 (3), § 29, § 30, § 31, § 32 and point 1 Z 1.1 to Z 1.3. of Appendix 1 in the version of the BGBl Regulation. II No 312/2011 shall enter into force six months after the month following the end of the month following the presentation of this Regulation; at the same time, Section 15 shall not apply. "

25. According to § 30, the following § § 31 and 32 together with the headings are added:

" Implementation Notice

§ 31. Through the BGBl Regulation. II No 312/2011 is Directive 2001 /80/EC of the European Parliament and of the Council of 23. October 2001 on the limitation of emissions of pollutants into the air from large combustion plants, OJ L 327, 28.11.2001, p No. OJ L 309, 27.11.2001, p.1-21.

Personal names

§ 32. In the case of the personal names used in this Regulation, the chosen form shall apply to both sexes. "

Point 1, Z 1.1 to Z 1.3 of Appendix 1 shall read:

" 1.		The measurements are
1.1.		for dust-like emissions according to the rules of technology,
1.2.		for the determination of the number of carbon black according to the rules of technology,
1.3.		for gaseous emissions according to the rules of technology, "

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