Key Benefits:
65. Federal Act amending the German Emissions Protection Act for boiler plants and the Mineral Raw Materials Act:
The National Council has decided:
Article 1
Amendment of the Emissions Protection Act for boiler plants
The emission protection law for boiler plants-EC-K, BGBl. I n ° 150/2004, as last amended by the Federal Law BGBl. I No 84/2006, is hereby amended as follows:
1. § 5 para. 2 Z 3 reads:
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the provisions of a regulation pursuant to § 10 of the Immission Protection Act-Air (IG-L), BGBl, for the plant to be approved. I n ° 115/1997, as amended, are complied with. If more than 35 exceedances of the daily average value for PM have already been exceeded in the area in which a new facility or an increase in investment is to be approved 10 in accordance with Appendix 1a to the IG-L or exceeding |
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of the 10 µ g/m 3 Increased annual mean value for nitrogen dioxide according to Appendix 1a to the IG-L, |
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of the annual average value for PM 10 pursuant to Annex 1a to the IG-L, |
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of the annual average value for PM 2.5 pursuant to Annex 1b to the IG-L, |
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an immission limit laid down in a regulation in accordance with Article 3 (5) of the IG-L; |
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the half-hourly average value for sulphur dioxide according to Appendix 1a to the IG-L, |
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the average daily value of sulphur dioxide according to Appendix 1a to the IG-L, |
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the half-hourly average value for nitrogen dioxide according to Appendix 1a to the IG-L, |
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of the limit value for lead in PM 10 pursuant to Annex 1a to the IG-L or |
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a limit value according to Appendix 5b to the IG-L |
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| or if it is to be expected by the authorisation, authorisation shall be granted only if: |
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the emissions of the installation do not make a relevant contribution to the burden of immission; or |
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the additional contribution shall be limited by emission-limiting conditions to the technically feasible and economically feasible extent and, if necessary, the additional emissions shall be determined by measures to reduce the immission burden, in particular: on the basis of a programme according to § 9a IG-L or a catalogue of measures pursuant to § 10 of the Immission Protection Act-Air as amended by the Federal Law BGBl. I No 34/2003, so that in a realistic scenario, in the long term, no further exceedances of the values referred to in this paragraph are to be adopted as soon as these measures have become effective. " |
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2. In § 19, before the word order "to be informed" the word "if necessary" inserted.
(3) The following paragraph 4 is added to § 31:
" (4) § 5 sec. 2 Z 3 and § 19 in the version of the Federal Law BGBl. I n ° 65/2010, enter into force on the day following publication in the Federal Law Gazans. "
Article 2
Amendment of the MinroG MinroG Act
The Mineral Raw Materials Act, BGBl. I n ° 38/1999, as last amended by the Federal Law BGBl. I n ° 115/2009, shall be amended as follows:
1. § 116 (2) reads:
(2) In so far as it is not a question of the digestion, dismantling or storage of geological structures or of subday work, in addition to paragraph 1, the following shall apply: the following shall be considered as eligible for the winning operating plan to be approved. Provisions of a regulation according to § 10 of the Immission Protection Act-Air (IG-L), BGBl. I n ° 115/1997, as amended, shall apply. Provided that the area covered by the profit or loss operating plan or an increase in the number of operations is in an area in which more than 35 exceedances of the daily mean value for PM are already exceeded 10 in accordance with Appendix 1a to the IG-L or exceeding
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of the 10 μg/m 3 Increased annual mean value for nitrogen dioxide according to Appendix 1a to the IG-L, |
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the annual average value of PM10 in accordance with Appendix 1a to the IG-L, |
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the annual average value of PM2.5 according to Appendix 1b to the IG-L, |
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an immission limit laid down in a regulation in accordance with Article 3 (5) of the IG-L; |
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the half-hourly average value for sulphur dioxide according to Appendix 1a to the IG-L, |
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the average daily value of sulphur dioxide according to Appendix 1a to the IG-L, |
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the half-hourly average value for nitrogen dioxide according to Appendix 1a to the IG-L, |
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of the limit value for lead in PM10 in accordance with Appendix 1a to the IG-L or |
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a limit value according to Appendix 5b to the IG-L |
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| or if it is to be expected from the work provided for in the winning operating plan, the authorisation shall be granted only if: |
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emissions from the work provided for in the winning operating plan do not make a relevant contribution to exposure to emissions, or |
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the additional contribution shall be limited by emission-limiting conditions to the technically feasible and economically feasible extent and, if necessary, the additional emissions shall be determined by measures to reduce the immission burden, in particular: on the basis of a programme according to § 9a IG-L or a catalogue of measures pursuant to § 10 of the Immission Protection Act-Air as amended by the Federal Law BGBl. I No 34/2003, so that in a realistic scenario, in the long term, no further exceedances of the values referred to in this paragraph are to be adopted as soon as these measures have become effective. " |
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2. § 119 (3) Z 6 reads:
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The provisions of a regulation under § 10 of the Immission Protection Act-Air (IG-L), BGBl, for the treatment plant with emission sources to be approved. I n ° 115/1997, as amended, shall apply. For treatment plants with emission sources in an area in which more than 35 exceedances of the daily mean value for PM are already exceeded 10 in accordance with Appendix 1a to the IG-L or exceeding |
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of the 10 μg/m 3 Increased annual mean value for nitrogen dioxide according to Appendix 1a to the IG-L, |
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the annual average value of PM10 in accordance with Appendix 1a to the IG-L, |
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the annual average value of PM2.5 according to Appendix 1b to the IG-L, |
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an immission limit laid down in a regulation in accordance with Article 3 (5) of the IG-L; |
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the half-hourly average value for sulphur dioxide according to Appendix 1a to the IG-L, |
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the average daily value of sulphur dioxide according to Appendix 1a to the IG-L, |
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the half-hourly average value for nitrogen dioxide according to Appendix 1a to the IG-L, |
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of the limit value for lead in PM10 in accordance with Appendix 1a to the IG-L or |
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a limit value according to Appendix 5b to the IG-L |
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| or if the authorization is to be expected, the authorisation shall be granted only if: |
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| 1. |
the emissions of the installation do not make a relevant contribution to the burden of immission; or |
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| 2. |
the additional contribution shall be limited by emission-limiting conditions to the technically feasible and economically feasible extent and, if necessary, the additional emissions shall be determined by measures to reduce the immission burden, in particular: on the basis of a programme according to § 9a IG-L or a catalogue of measures pursuant to § 10 of the Immission Protection Act-Air as amended by the Federal Law BGBl. I No 34/2003, so that in a realistic scenario, in the long term, no further exceedances of the values referred to in this paragraph are to be adopted as soon as these measures have become effective. " |
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(3) In § 120 (1), before the word order "to be informed" the word "if necessary" inserted.
(4) The following paragraph 21 is added to Article 223:
" (21) § § 116 para. 2, 119 para. 3 Z 6 and § 120 paragraph 1 in the version of the Federal Law BGBl. I n ° 65/2010, enter into force on the day following publication in the Federal Law Gazans. "
Fischer
Faymann
