153. Regulation of the Federal Minister for Economic Affairs, Family and Youth on the measurement of emissions from steam boiler plants and gas turbines into the air (emission measurement regulation-air-EMV-L)

Pursuant to § § 4 (3) and (4) and 15 (6) of the Emissions Protection Act for boiler plants-EC-K, BGBl. I No 150/2004 in the version of the Federal Law BGBl. I n ° 65/2010, shall be assigned in agreement with the Federal Minister for Agriculture, Forestry, the Environment and Water Management:

Scope

§ 1. This Regulation makes provisions for measurements of emissions from installations according to § 1 EC-K into the air. This Regulation shall not apply to installations which fall within the scope of the Waste Incineration Ordinance-AVV, BGBl. II No 389/2002, as amended.

Rules of measurement technology

§ 2. (1) The emission measurements shall be carried out in accordance with the recognised rules of measurement technology, unless specific provisions in this Regulation provide for derogations. Unless otherwise indicated, measured values are to be determined as half-hourly average values. Measurements for the determination of emissions shall be carried out in such a way that the results for the emissions of the plant are representative and comparable to one another for comparable installations and operating conditions.

(2) By way of derogation from paragraph 1, in technically justified individual cases, in place of those in the list of technical rules ( Annex ) shall be applied to other normative documents which result in data of comparable quality. The proof of equivalence must be carried out according to the rules of the technology, for example according to DIN ISO 13752 or ÖNORM CEN/TS 14793, to be assessed by the expert (§ 14 EC K) and to be presented to the authority.

Measuring stations and measuring distances

§ 3. (1) Without prejudice to § 8 (3), measuring stations and measuring sections shall be in accordance with the measurement tasks of ÖNORM EN 15259.

(2) Measuring stations and measuring distances shall be determined by the Authority on the basis of an expert opinion (§ 14 EC-K). For installations with a fuel heat output of less than 10 MW, which are operated with fuels in accordance with § 10 EC K and fuel oil extralcalibrated with low sulphur content, the provision of an expert opinion shall be subject to an assessment. The Authority may provide for further facilitation of the provision of an expert opinion on the basis of the type of installation and the fuels used, if a representative and measurement-based emission measurement is ensured.

Measuring instruments and measuring systems

§ 4. (1) Equipment for continuous emission measurement (automatic measuring devices) and measuring instruments for individual measurements (analyzers) shall be in accordance with the ÖNORM EN 15267-3 or for existing equipment of the ÖNORM M 9411.

(2) By way of derogation from paragraph 1, measuring instruments according to ÖVE/ÖNORM EN 50379-1 and -2 may be used for plants with a fuel heat output of less than 10 MW, which are operated with fuels in accordance with § 10 EC-K and fuel oil. ("Smoke trawsers", measuring cases). In accordance with ÖNORM M 7536, the measuring instruments used must be subjected to a recurring test.

Calibration, maintenance and function tests

§ 5. (1) Facilities for continuous emission measurement shall be calibrated by an expert (§ 14 EC-K) after the installation or substantial modification of the installation as well as recurrent every 3 years according to ÖNORM EN 14181. In the case of installations in which no boiler or a gas turbine has a fuel heat output of 30 MW or more and the fuel heat output of the installation is less than 50 MW, the calibration of the recording equipment shall be permitted, by way of derogation from the ÖNORM EN 14181, also carried out on less than 3 days. In the calibration of registering emission measuring instruments, standard reference measurement methods are to be applied in accordance with recognized rules of measurement technology.

(2) During the operation of the plant, the operator shall check at least once a week on the measuring instruments whether the required measuring function is given. Quality control cards according to ÖNORM EN 14181 QAL3 are to be carried out by the operator. The measuring instruments and all related components shall be waiting at least every 3 months. The operator shall keep records of this. Within the framework of the surveillance, the expert has to check these records. An annual function test according to ÖNORM EN 14181 by experts (§ 14 EC K) is to be carried out on the registration measuring instruments. In the case of installations in which no boiler or a gas turbine has a fuel heat output of 30 MW or more and the fuel heat output of the installation is less than 50 MW, a functional control shall be carried out at least annually in accordance with Annex A of the ÖNORM EN 14181.

(3) Emission data analysis equipment shall be removed in accordance with ÖNORM M 9412-3 and shall be reviewed annually.

Replacement of measuring instruments

§ 6. If non-measuring instruments according to § 4 but discontinuous measurement methods (e.g. wet chemical methods) are used for individual measurements, standard reference measurement methods are to be applied in accordance with recognized rules of measurement technology.

Measurement of pollutant concentrations

§ 7. Emission measurements shall be determined by the Authority in accordance with the provisions of this Regulation as a single measurement or continuous measurement.

Single measurements

Acceptance measurement and recurrent measurements

§ 8. (1) The acceptance measurement shall be carried out after the normal operation has been reached, but no later than 6 months after the plant has been put into operation or a substantial change has been made to the installation. The first-time calibration of devices for continuous emission measurement in accordance with § 5 (1) replaces the acceptance measurement for the parameters to be continuously recorded.

(2) The planning for the implementation and evaluation of the emission individual measurements shall ensure that representative measurement results are obtained. For an installation with a fuel heat output of 30 MW or more, measurement strategy and measurement planning are to be determined in accordance with the ÖNORM EN 15259. The sampling strategy shall be carried out in accordance with the requirements of the ÖNORM EN 15259.

(3) In the course of the acceptance measurement, the representativeness of the sampling according to ÖNORM EN 15259 must be checked. This does not apply to installations with a fuel heat output of less than 10 MW, which are operated with fuels in accordance with § 10 of the EC-K and fuel oil extralally low-sulphur.

(4) Individual measurements for the pollutant components specified in the communication are to be carried out in two load stages (lower and upper heat power range) in the case of the acceptance measurement. In the course of a measuring process, at least three successive measured values are to be determined per load state.

(5) For installations with a fuel heat output of less than 10 MW, for fuels according to § 10 of the EC-K as well as for heating oil, low-sulphur low-sulphur content may be used for the acceptance measurement and periodic testing of the measurement duration in the presence of special fuel Operating conditions, such as strongly changing performances (e.g. fast steam generators), are reduced. This is to be justified and recorded by the expert (§ 14 EC K). The measurement duration of 15 minutes for a measured value must not be undershot.

(6) Where the Authority is responsible for emission limit values for pollutants other than CO, SO 2 , NO X and dust, the respective provisions of the AVV are to be used in terms of methodology and measurement duration. For the measurement of pollutant components which are not regulated by the AVV, CEN standards or comparable national or international standards are to be used.

(7) Return measurements shall be carried out for each pollutant component in the stationary operating state in which the plant is mainly operated. In the course of a measuring process, at least three successive individual measured values are to be determined.

Single measurements

Evaluation and inclusion criteria

§ 9. (1) The measurement uncertainty is to be determined for the evaluation of the measured values with a confidence interval of 95% in accordance with ÖNORM EN ISO 20988. However, the measurement uncertainty of the measurement method shall not exceed the following values at the emission limit value:

Emission	Confidence interval value
CO	10%
SO 2	20%
NO X	20%
Dust	30%

Measurement uncertainties for pollutant emissions may be used in the measurement of organic carbon (C) org ) 30%, of dioxins and furans 50%, and of all other pollutant emissions, not exceeding 40%.

(2) Assessment values (validated mean values) shall be defined on the basis of the measured half-hourly average values and after deduction of the value of the measurement uncertainty referred to in paragraph 1 above the emission limit value. Validated average values, which are negative, are rated zero.

BW = MW-

This means:
BW Assessment Value
MW Metric
EGW Emission Limit
MU EGW Measurement uncertainty at the emission limit value as a percentage

(3) An assessment value is to be determined from each individual measured value. An emission limit value shall be deemed to be complied with if none of the assessment values exceed the specified emission limit value.

(4) By way of derogation from paragraph 1, the requirements relating to the determination of measurement uncertainty in compliance with ÖVE/ÖNORM EN 50379-1 and -2 shall be deemed to be fulfilled for measurements in accordance with section 4 (2). For further calculation, the indicated measurement uncertainty is used at the emission limit value, as referred to in paragraph 1.

(5) By way of derogation from the determination of the assessment value in accordance with paragraph 2 of the emission limit value, the emission limit value shall be deemed to be complied with if the measured value plus the determined measurement uncertainty at the emission limit value does not limit the emission limit value exceeds.

Single measurements

Exceptions

§ 10. (1) The Authority may authorise, as a substitute for individual measurements, other appropriate methods of investigation (such as fuel analysis) which can be used to identify the amounts of pollutants contained in the emissions. These methods of identification of pollutant emissions shall be in accordance with the relevant standards.

(2) The exceptions pursuant to § 16 (1) Z 2 to Z 4 and (2) Z 3 to 6 shall also apply to fuel-related measurements.

(3) Return measurements of heavy metals referred to in Appendix 1 of the AVV shall not be required if, by means of periodic controls of the fuels, in particular when new fuels are used, and the mode of operation is reliably demonstrated that: the emissions are less than 50% of the emission limit values set out in Appendix 1 of the AVV. In such a case, the operator shall carry out appropriate evidence for each calendar year and shall submit it to the competent authority upon request.

(4) In the case of boilers or gas turbines which have been shown to be operating less than 500 operating hours per year in a two-year period, the annual monitoring according to § 13 EC-K shall be subject to the recurrent individual measurement by means of control of the emissions-relevant plant components as well as the fuels used in comparison with the status recorded in the measurement report are replaced at the time of the last emission measurement carried out. Records must be kept over the operating hours. Emission measurements shall be carried out at the latest after 1 500 operating hours.

Single measurements

Documentation, retention requirements

§ 11. (1) The expert (§ 14 EC-K) reports on the emission individual measurements in accordance with § § 5 and 8 of the Emissions Trading System according to ÖNORM M 9413, or up to a fuel heat output of 50 MW in accordance with Annex 4 of the Emissions Ordinance Ordinance-EEV, BGBl. II No 292/2007, to be handed over to the operator for storage-for the purpose of inspection by the authority. Measurement results shall be indicated under the guidance of the measurement uncertainty and the operating conditions during the measurement.

(2) Return dates shall be determined by the year of the first single emission measurement.

(3) The results of the measurements shall be documented in the findings defined in the EEV, which are to be connected to the plant book.

(4) Measurement reports and findings shall be kept by the operator for at least 3 years.

(5) The following documentation requirements of the operator must be checked by the expert (§ 14 EC-K) in the course of the supervision in accordance with § 13 EC-K:

1.		approval certificate (s),
2.		the availability of data;
3.		the performance of additional emission-relevant foes,
4.		last finding in accordance with § 13 para. 2 of the EC-K,
5.		last findings and reports on emission measurements in accordance with § 15 of the EC-K and the seizure of the seizure,
6.		in the case of the presence of separation aggregate records in accordance with § 12,
7.		Reporting obligations to the Authority pursuant to Section 16 (4) and (5) of the EC-K and any seizection of the seizection,
8.		display-or changes to be made subject to authorisation,
9.		Maintenance records.

Continuous recording of the operating parameters of separation units

§ 12. (1) For installations with a fuel heat output of 2 MW or more, for which no continuous emission measurement is required but which are equipped with deposition units according to Z 1 to 3, the following quantities shall be measured continuously and to record in addition to the cleaning cycles:

1.		Electrical separators:
a)			Filter voltage and filter current of each field,
b)			Exhaust gas temperature for hot gas filters;
2.		Filtering separators:
a)			Qualitative measuring devices (e.g. triboelectric sensors, turbidity measurements) and exhaust gas temperature in hot gas filters,
b)			the additive quantity where appropriate;
3.		Wet-working separators:
a)			Volume flow of the washing liquid and its pH value,
b)			if appropriate, an additive quantity.

(2) If the permissible limits for the operating parameters are exceeded, this must trigger an optical and acoustic alarm at the installation or at an otherwise appropriate location (e.g. a measurement control room).

(3) If separators are equipped with a bypass, its flap position must be continuously monitored and recorded.

(4) The records must be kept at the facility for at least three years for the purpose of inspection by the Authority and the experts (§ 14 EC K).

Continuous measurements

§ 13. (1) The data recording shall be performed by automatically registering measuring instruments in the form of half-hourly average values according to ÖNORM M 9412-1. If the emission limit values are specified as the daily mean value, the data recording must additionally take the form of daily average values. The availability of the data shall be at least 90%. The reference period shall be one month. The measurement results must be comparable to the emission limit value to be observed.

(2) In the case of continuous measurements, the daily records shall start at 00.00 o'clock or, where applicable, when the installation is put into operation and shall end at midnight or, where appropriate, when the installation is taken out of operation; the on-and-off shall be the Take-off operations are included.

(3) The evaluation of the measurement data (from registering measuring instruments) must be carried out by means of evaluation devices which are suitable for this purpose and which correspond to the state of the art (e.g., the ÖNORM M 9412-1). In the case of plants of up to 30 MW fuel heat output, integrators are sufficient to use emission data evaluation devices for higher fuel heat outputs.

(4) The beginning of the evaluation of the measurement data after the commissioning of the plant is to be determined in agreement with the authority, after consultation with an expert (§ 14 EC K). As a rule, the evaluation of steam boilers with oil or gas furnaces has to begin with an oxygen content in the combustion gas of less than 16% volume concentration. Deviating regulations, such as those for gas turbines, are to be taken in individual cases.

Continuous measurements

Measurement of operating parameters

§ 14. (1) Continuous measurements shall include the continuously measured pollutant components as defined in the communication as well as the following operating parameters:

1.		Oxygen content in the exhaust gas,
2.		Moisture content, if necessary for the calculation of the reference value; otherwise a calculation shall be permitted,
3.		Exhaust gas temperature and
4.		Pressure, if required for the reference calculation.

(2) In addition, for installations with a fuel heat output of more than 30 MW, the operating parameters shall be:

1.		Fuel heat output of the plant and
2.		Exhaust volume flow
to be measured or calculated.

(3) In the case of mixing furnaces, the average ratio of the proportional fuel heat outputs is to be determined and recorded.

Continuous measurements

Power limits

§ 15. (1) If the following fuel heat outputs are exceeded by a boiler or a gas turbine, continuous emission measurements of the specified pollutant components on this boiler or this gas turbine shall be carried out without prejudice to paragraph 3:

	Dust	CO	SO 2	NO X
Fuel heat output (MW)	15	15	30	30

(2) Regardless of the fuel heat output of the individual boilers or gas turbines, the installation of 100 MW or more continuous measurements on the steam boilers or gas turbines of the plant shall be carried out in the case of a fuel heat output of the installation.

(3) The continuous measurement of emissions to installations with a fuel heat output of less than 50 MW may be carried out through other tests, such as the continuous determination of the effectiveness of emission control devices, the The composition of fuels or of the process conditions shall be replaced if it can be determined with sufficient certainty that the emission limit values shall not be exceeded.

Continuous measurements

Exceptions

§ 16. (1) The following exceptions shall apply from continuous measurements:

1.		In the case of installations with a residual service life of less than 10 000 operating hours authorised by the Authority, the continuous emission measurements may be replaced by semi-annual individual measurements.
2.		In the case of installations which are operated exclusively with natural gas, measurements to determine the emissions of total dust are not required.
3.		In the case of installations which are operated exclusively with fuels according to § 10 of the EC-K and fuel oils with a known sulphur content, measurements for the detection of emissions of sulphur oxides, unless there is an exhaust gas desulphurisation system, shall not be taken into account. is required.
4.		In the case of installations which are operated exclusively with biomass, measurements for the detection of sulphur oxides are not required if the emission limit values are complied with by the use of appropriate fuels. The authority may, depending on the fuels used, require the operator to supply evidence of the sulphur content and the lower calorific value. In doing so, the Authority shall determine the number of times that the fuel used, depending on the quality, homogeneity and quantity, must be checked.

(2) In addition to paragraph 1, for installations with a fuel heat output of less than 100 MW, the following exceptions shall apply:

1.		Continuous measurements of emissions are not required in steam boilers or gas turbines which are demonstrably operating less than 750 operating hours per year in a two-year period. Records must be kept over the operating hours.
2.		In gas turbines operated by natural gas, with NO X Low-grade burners, continuous operation (substantially uniform machine load and emission performance) and constant gas quality are not required for measurements to detect emissions of carbon monoxide and nitrogen oxides, If control and process conditions ensure that the emission limit values are complied with. The review of the control and process conditions as well as the documentation of the gas quality must be carried out within the scope of the acceptance measurement and the recurring measurements. The operator of the competent authority shall, on request, submit the results of such results.
3.		In the case of LPG or other gaseous fuels as natural gas, measurements to detect emissions of total dust shall not be required if the emission limit values are verifiably related to the use of fuels Quality is maintained. In such a case, the operator shall keep evidence of the dust content of the fuels used for each calendar year. In doing so, the Authority shall determine the number of times the verification of the fuel used, depending on the quality, homogeneity and quantity or process conditions, must be carried out.
4.		In the case of LPG or other gaseous fuels as natural gas, measurements to detect emissions of sulphur oxides shall not be required if the emission limit values are complied with by the use of appropriate fuels. In this case, the operator shall, for each calendar year, carry out proof of the sulphur content and the lower calorific value of the fuels used. In doing so, the Authority shall determine the number of times the verification of the fuel used, depending on the quality, homogeneity and quantity or process conditions, must be carried out.
5.		In the case of operation with other liquid fuels as heating oils, measurements to detect emissions of sulphur oxides are not required if the emission limit values are complied with by the use of appropriate fuels. In this case, the operator shall, for each calendar year, carry out proof of the sulphur content and the lower calorific value of the fuels used. In doing so, the Authority shall determine the number of times the verification of the fuel used, depending on the quality, homogeneity and quantity or process conditions, must be carried out.
6.		In the case of installations which are operated exclusively with heating oil extra easily or with fuel oil extra easily, measurements to determine the emissions of total dust are not required if the emissions of CO are continuously monitored.

(3) In the case of installations up to a fuel heat output of 100 MW, the relevant pollutant-related provisions of paragraphs 1 and 2 shall also apply to mixed combustion, provided that all the fuels used are subject to the exceptions.

Continuous measurements

Evaluation and evaluation

§ 17. (1) The measurement uncertainty with a confidence interval of 95% in accordance with ÖNORM EN 14181 shall be determined for the evaluation of the measured values of the continuous emission measurement. However, the measurement uncertainty shall not exceed the emission limit values in accordance with section 9 (1).

(2) Assessment values (validated mean values) shall be obtained on the basis of the measured half-hourly average values and after deduction of the value of the measurement uncertainty referred to in paragraph 1 at the emission limit value. Validated mean values are formed from the measured values and then the measurement uncertainty is subtracted. Validated average values, which are negative, are rated zero.

(3) Any day at which more than six half-hourly average values are invalid due to disruption or maintenance of the continuous measurement system shall be declared invalid. If more than 10 days are declared invalid in the year due to such situations, the competent authority shall be informed by the expert (§ 14 EC K) and shall be taken by the operator for the restoration of the proper operation of the continuous measurement system.

(4) A daily mean value may only be used for assessment if at least twelve assessment values could be determined per calendar day.

(5) The calibration or functional testing of the measuring systems and measuring instruments according to ÖNORM EN 14181 by the expert (§ 14 EC K) does not apply as a disturbance or maintenance.

Continuous measurements

One-necting criteria

§ 18. (1) In the case of continuous measurement of emissions, emission limit values shall be considered to be complied with if the evaluation of the measurement results for the operating hours within a calendar year shows that all the following conditions are met with regard to: prescribed emission limit values are:

1.		no validated daily average value exceeds the relevant emission limit values,
2.		97% of all assessment values do not exceed 1.2 times the relevant emission limit values; and
3.		none of the assessment values shall exceed twice the relevant emission limit value.

(2) The emissions during the installation and departure times of the plant, after the expiry of the thresholds set out in § 13 para. 4, shall be included in the assessment. Apart from the assessment in accordance with paragraph 1 Z 3, the periods of arrival and departure in which two times the emission limit value are exceeded shall be excluded.

(3) Times with significant disturbances according to § 16 (6) second sentence EC-K are not taken into account in the assessment.

(4) periods resulting from the provisions of section 17 (5) and maintenance or repairs are not used for the purposes of the assessment in accordance with paragraphs 1 and 2 and 3.

Continuous measurements

Documentation, recording and retention obligations

§ 19. (1) With regard to the measurements carried out by the expert (§ 14 EC-K), the provisions of Section 11 (1) to (3) apply.

(2) The data shall be the logging of emission data analysis equipment shall be carried out in accordance with the requirements of the ÖNORM M 9412-1.

(3) Over calibrations or Functional tests shall be drawn up by the expert (§ 14 EC-K) to submit reports to the operator for storage, for the purpose of inspection by the authority. These reports are to be drawn up in accordance with ÖNORM EN 14181.

(4) During the operation of the installation, the operator shall check the measuring instruments in accordance with the requirements of § 5 (2).

(5) The following documentation requirements of the operator must be checked by the expert (§ 14 EC-K) in the course of the supervision in accordance with § 13 EC-K:

1.		approval certificate (s),
2.		the availability of data;
3.		Availability of daily averages,
4.		The occurrence of limit values, including justification,
5.		the performance of additional emission-relevant foes,
6.		last finding in accordance with § 13 para. 2 of the EC-K,
7.		last findings and reports on emission measurements in accordance with § 15 of the EC-K and the seizure of the seizure,
8.		Last functional test and calibration reports in accordance with § 5 including emission data evaluation computer and validity and variability of the calibration function (according to ÖNORM EN 14181),
9.		Reporting obligations to the Authority pursuant to Section 16 (4) and (5) of the EC-K and any seizection of the seizection,
10.		display-or changes to be made subject to authorisation,
11.		Maintenance records in accordance with paragraph 3.

(6) Protocols to the emission data analysis facilities and reports shall be kept by the operator for at least 5 years.

Transitional provisions

§ 20. (1) The provisions of § 3 shall apply only to installations whose approval procedures have not yet been concluded at the time of entry into force of this Regulation.

(2) The provisions of § 4 shall apply to existing measuring instruments with regard to the equivalent of a standard, as well as in accordance with § 9 (1) and (4) with regard to the requirements of measurement uncertainty from the 1. Jänner 2012.

(3) For the continuous recording of operating parameters, the provisions of § 12 (1) Z 2 and Z 3 lit shall apply for the continuous recording of operating parameters already in operation at the time of entry into force of this Regulation. b with regard to the records of the relevant quantities as from 1. Jänner 2012.

(4) For existing measuring instruments, the recording requirements in accordance with § 13 (1) and (3) shall apply with regard to the equivalent of a standard from the 1. Jänner 2012.

(5) The provisions of section 14 (1) (2) and (4) and (2) shall apply with regard to the collection of operating parameters as of the first day for the entry into service of this Regulation already in operation. Jänner 2012.

(6) The data output and/or the data output are valid for existing measuring instruments. Logging obligations in accordance with § 19 (2) with regard to the equivalent of a standard from the 1. Jänner 2012.

(7) For existing installations according to § 2 Z 3 EC-K with a fuel heat output of less than 100 MW, the provisions of § 15 shall apply with regard to the requirement of a continuous emission measurement from the 1. Jänner 2016.

Override

§ 21. (1) With the entry into force of this Regulation, Annex 2 of the EC-K shall not enter into force in accordance with Article 24 (1) and (4) of the EC Treaty.

(2) With the entry into force of this Regulation, in accordance with Article 24 (4) and (5) EC K, the respective references to Annex VIII, Section A (2) to (6) of Directive 2001 /80/EC on the limitation of emissions of pollutants from large combustion plants shall be adopted in accordance with the provisions of Section A of Annex VIII. into the air, OJ C 327, No. OJ L 309, 27.11.2001, p. 1, except for force.

(3) With the entry into force of this Regulation, § § 3 to 7 of the Air Control Ordinance for Boiler Systems-LRV-K 1989, BGBl. N ° 19, as last amended by the BGBl Regulation. II No 292/2007, except for force.

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