Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management via an electronic register for the collection of all material loads of surface water bodies by emissions of substances from point sources (EmRegV-OW)

On the basis of § 59a (2) and (4) of the Water Rights Act 1959-WRG 1959, BGBl. No. 215, as last amended by the Federal Law BGBl. I n ° 123/2006, is decreed in agreement with the Federal Minister for Economic Affairs and Labour with regard to Section 59a (2), second sentence, WRG 1959:

Emission Register

§ 1. In the register, all the essential loads on the surface water bodies are to be determined by substances from point sources approved according to water legislation. The emission register (EmReg) serves as a basis for

1.		the preparation of the National Water Management Plans according to § 55c of the Water Rights Act 1959-WRG 1959, BGBl. No. 215, in the version BGBl. I n ° 123/2006 including the programmes of measures in accordance with § 55f WRG 1959;
2.		the fulfilment of Community legal reporting obligations, in particular Directives 2000 /60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy OJ C 327, 28.11.2000, p. No. OJ L 327 of 22 December 2000, as last amended by Directive 2008 /32/EC, OJ L 327, 28.12.2008, p. No. OJ L 81 of 23 March 2008, S 60 and 91 /271/EEC of 21 May 1991 on the treatment of urban waste water OJ L 81, 21.3.1991, p. No. OJ L 135 of 5 May 1991, S 40 as last amended by Regulation (EC) No 1882/2003, OJ L 245, 29.5.2003, p. No. OJ No L 284, 31. October 2003, p. 1.

Scope

§ 2. (1) This Regulation shall apply to effects on a surface water approved by the application of water legislation (Section 32 (2) (lit)). a WRG 1959) or under the application of water regulations (§ 32b para. 5 WRG 1959) from the following point sources:

1.		PRTR-Plant;
2.		Waste water purification plants with a rated value not smaller than 2000 EW 60 for urban waste water from residential areas;
3.		Waste water purification plants not mentioned in Z 1, which are directly into a surface water, with a rated value greater than 4000 EW 60 for waste water with biodegradable ingredients from companies in the following industries:
a)			milk processing,
b)			production of fruit and vegetable products,
c)			Production of soft drinks and beverage bottling,
d)			potato processing,
e)			the meat industry,
f)			Breweries, production of alcohol and alcoholic beverages,
g)			the manufacture of animal feed from plant products,
h)			Manufacture of skin glue, gelatine and bone glue,
i)			Malt and
j)			Fish processing industry
		with the restriction that they are to be recorded in the electronic register only with regard to their general and water-economic master data;
4.		Waste incineration plants or waste co-incineration plants with a nominal capacity of more than two tonnes of waste per hour.

(2) The Regulation shall also apply to effects on a surface water approved under the law of water law (§ 32 paragraph 2 lit. a WRG 1959) from a point source including the effects of systematic surface drainage of airports (precipitation water sewerage), the effects of leachate from landfill sites other than inert waste, and Land excavation sites and contaminated sites in accordance with § 2 para. 1 of the Waste Relief Law, BGBl. No 299/1989, as amended by the BGBl version. I No 40/2008, if an action is taken

1.		is located in a measuring point catchment area for which, in the course of operational monitoring (§ 59f WRG 1959), the nearest downstream operative measurement point, based on the point source, was determined that a WRG 1959 according to § 30a (2) of the WFD was established for a pollutant is not achieved and the environmental objective is not met; and
2.		the water content (parameter) responsible for the non-life of the environmental target may be introduced as a substance of category A or category B, and
3.		the authorised freight per unit time (grams per day) for a priority ingredient (Annex E, Section II, WRG 1959) is greater than 0.5%, and for another ingredient is greater than 1.0% of the reference freight.

(3) Insofar as the point-like effects referred to in paragraph 2 are contaminated precipitation water from parking lots, parking spaces, roads or road sections, the register obligation pursuant to paragraph 2 consists only in respect of

1.		parking spaces for passenger cars with a surface area of more than three hectares and frequent vehicle changes or seasonal loads;
2.		Parking spaces and pitches for lorries with a surface dimension greater than three hectares and frequent vehicle changes;
3.		Roads (sections) with an area of less than three hectares of drained area and either an average traffic volume of more than 15 000 vehicles in 24 hours, or a qualification as a main road.

(4) Reference points for the recording of the effects in the EmReg as well as for the determination of the reference cargo are the measuring points on surface waters as determined in accordance with § § 59e and 59f WRG 1959. In the determination of the reference load for a measuring point, the reference water guide Q shall be used to determine the reference load. 95% (in cubic metres per second). By Q 95% and the nominal value (in grams per cubic metre) of Annex A, Table 1, column V, shall be the reference load in grams per day of the reference point for a water content (parameter), according to the formula 86400 × Q 95% × nominal value. If, in Annex A, Table 1, column V is not a nominal value for a (ab) water ingredient (parameter), no calculation of the reference load shall be made for it.

(5) In so far as this Regulation does not provide for an obligation on the part of the authorities, this Regulation shall be addressed to the water authorised, the holder or the operator of the (water-use) installation (register-registration).

Definitions

§ 3. For the purposes of this Regulation:

1.		a waste incineration plant or waste co-incineration plant: an installation in accordance with Article 3 (4) or (5) of Directive 2000 /76/EC on the incineration of waste OJ L 206, 22.7.2000, p. No. OJ L 332 of 28 December 2000, S 0091 corrected by OJ L 327, 28.12.2000, p. No. OJ L 145 of 31 May 2001, p. 52;
2.		general master data: all data enumerated in Annex B, which are jointly created and used by different registers for the implementation of the eGovernment Act;
3.		Main thoroughfares: all roads of categories A and S according to Bundesstraßengesetz 1971-BStG 1971, BGBl. No 286 in the BGBl version. I No 58/2006;
4.		a catchment area: a (part) catchment area, which is defined and monitored with regard to the nature of a surface water body by a measuring point of the measuring network in accordance with § § 59e or 59f WRG 1959;
5.		A PRTR plant: an installation in accordance with Article 2 Z 3 in conjunction with Annex I to Regulation (EC) No 166/2006 of the European Parliament and of the Council on the establishment of a European Pollutant Release And Movement Register and the Amendment of Council Directives 91 /689/EEC and 96 /61/EC (OJ L 136, 31.5.1991, p. No. OJ L 33, 4 February 2006, p. 1);
6.		a point source: a locatable impact on the condition of a surface water by direct or indirect introduction of pollutants using technical equipment such as waste water discharges, (point-in-point) discharges Contaminated rainwater from parking lots or discharges from landfill leachate;
7.		a substance of category A: a substance or a property which which is typical and characteristic of the waste water and which actually occurs in the waste water, provided that there is a risk of exceeding a gem. Section 33b (3) of the WRG 1959 is subject to emissions limitation;
8.		a Category B substance: a water ingredient (s) referred to in Annex A, table 2, column IV or V (s);
9.		Water-related movement data: data on the type and quantity (maximum daily and annual quantities) of the used (ab) water-relevant raw, working and auxiliary substances as well as the groups of (ab) water-relevant raw materials, working and auxiliary substances in accordance with Annex E WRG 1959 (Appendix B.1 Z 20, Annex B.2 Z 19 and Annex B.3 Z 21) and data relating to the annual surveys of substances of category A and B (Annex B.1 Z 21, Annex B.20 and Annex B.3 Z 22);
10.		Water management master data: all data listed in Appendix B, except for the movement data, but including the general master data.

Data collection and management

§ 4. (1) The Federal Minister of Agriculture, Forestry, the Environment and Water Management of the Federal Minister for Agriculture, Forestry, the Environment and Water Management (§ 2) shall be responsible for an electronic data record in accordance with the requirements of the Appendix B . The physical and chemical parameters of the (Ab) water quality to be recorded in the electronic data set as a function of the circumstances of the individual case are in Annex A Table 1.

(2) The reporting year of the emission register shall be the same as the calendar year. The EmReg is to be updated annually on 31 December of the respective reporting year.

(3) The Landeshauptmann has to use the data transmission routes made available to him by no later than 31. Jänner on the basis of existing willingly or to enter in the electronic register electronic means of approval of all the registered effects and their general and water-related master data (Annex B), as far as they are available to him.

(4) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has to supplement the data reported in accordance with Section 3 by 15 February at the latest.

(5) By 31 March at the latest, the Federal Minister for Agriculture, Forestry, the Environment and Water Management shall have the user name and the password for the access to the Emission register. The Commission shall, by 30 April at the latest, verify the accuracy of the emission register data relating to its effects and installations and confirm that it has been examined, to make proposals for correction, if necessary, and to confirm the general and the general information. According to § § 5 and 6 in conjunction with the facilities A and C, the water-economic movement data relevant for the year under review (§ 3 Z 9) to be entered in the electronic form.

(6) If an electronic data message is not possible by the register-subject (§ 2) in the absence of any necessary equipment, he shall immediately after receipt of the user name the Federal Minister for Agriculture, Forestry, Environment and water management in writing, so that data can be transferred in a different way (e.g. by a postal route). In this case, the four-week deadline for the data reporting to the Federal Minister for Agriculture, Forestry, Environment and Water Management begins to run with the delivery of the data sheet in paper form.

(7) The Landeshauptmann (Landeshauptmann) can check for completeness and plausibility of the data entered in the Emission Register (§ 2) by 31 August at the latest. After electronic confirmation of this examination, the Governor of the State may use this data to update his/her own water management data records for purposes of water management planning via one of the Federal Minister for Land and Land Forestry, the environment and water management. If the registration of the data by the registered person (§ 2) has not been carried out or if it has not been carried out completely or not plausible, the Governor of the Land shall have the Federal Minister for Agriculture, Forestry, the Environment and the Federal Government by 31 August at the latest. water management to inform them.

(8) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has to verify the completeness of the data reported by the register-subject (§ 2).

(9) If the data report has not been carried out, not completely or not plausible, the Federal Minister for Agriculture, Forestry, Environment and Water Management has provided a reasonable grace period for the reporting, supplementation and correction of the data by to set the register (§ 2).

(10) From 1. In October, the updated data for which national or international reporting obligations exist shall be made available in the Water Information System Austria (WISA) under the conditions applicable to this valid conditions by publication. Data sets which have been audited by the Federal Minister for Agriculture, Forestry, Environment and Water Management or by the Governor of the Federal State are marked accordingly. This also applies to incomplete data sets.

(11) A measurement obligation pursuant to § 5 (4) shall not begin for the first measurement cycle immediately following the first of its collection for the newly registered conductors for a six-year reporting cycle in the emission register.

Determination of annual loads of emitted (Ab) water ingredients

§ 5. (1) The calculation of the annual surveys of substances emitted from the register (water use) shall be based on the basis of the following paragraphs and in accordance with the availability of information on data which shall be determined by means of: according to the following procedures:

1.		Individual measurements, for example on the basis of emission regulations or requirements on the basis of § § 32 or 32b WRG 1959 in conjunction with § 33b or § 134 WRG 1959,
2.		calculations using emission factors, energy and mass balance sheets or analytical results, or
3.		Estimates in the form of an expert opinion from an authorized expert or an appropriate and expert member of the company (Section 82b (2) of the Arc. 1994).
The best available data base is to be used.

(2) The taxable person shall indicate the method according to which the emissions have been determined. Where the determination of the pollutant mass flow is based on data derived from continuous measurements or individual measurements, the data in the on-line form shall be marked with the letter "M". In the case of a calculation using emission factors, energy and mass balance sheets or analytical results, they shall be marked with the letter "C" and, in the case of an estimation, with the letter "E". In the case of the use of paragraph 4 Z 1, the information with an "A" (for absent) shall be marked with an "N" (for non-determinable) in the case of the use of paragraph 4 Z 2.

(3) The calculation of the annual cargo of a substance of category A and of a substance of category B referred to in Annex A, Table 2, column IV or V shall be determined for a point source according to § 2 by means of individual measurements (paragraph 2). 1), if its emission is limited in a communication (in accordance with § § 32 or 32b WRG 1959 in conjunction with § 33b WRG 1959).

(4) The calculation of the annual freight of a substance of category B referred to in Annex A, Table 2, column IV shall be determined for a point source, in accordance with section 2 (1), in each case relative to a period of six years (reporting cycle). Individual measurements (para. 1 (1) in accordance with the following paragraphs 1 to 3.

1.		The calculation of the annual freight of a Category B substance referred to in Annex A, Table 2, column IV, may be omitted if, on the basis of complete information on the composition of all the water-relevant raw materials used, Working and auxiliary substances on the basis of the information provided in the safety data sheets and on the basis of accurate knowledge of all operations carried out on the train of the production, processing, processing or other processes which cause the use of (Ab) water , neither with its emergence nor with its occurrence in the (Ab) water is to be expected.
2.		If the occurrence or occurrence of a substance of category B referred to in Annex A, Table 2, column IV, cannot be excluded on the basis of an assessment in accordance with Z 1, the determination of the annual fracht of this substance by means of individual measurements may be carried out. if the substance cannot be determined analytically during the period (at least) of a reference year in the derived (Ab) water, using the method requirements of Appendix C, Table 2. In this case, the annual freight for this substance in the remaining six-year reporting cycle is at least due to estimates (para. 1 Z 3).
3.		In so far as the conditions set out in paragraphs 1 and 2 are not met, the calculation of the annual freight of a substance in Annex A, Table 2, column IV, may be omitted by means of individual measurements after the end of the second year of reference when the substance emitting the substance is Point source shall not be located in the catchment area of an overviewable area referred to in Appendix C.3, where the first reference year of the six-year reporting cycle shall be that:
		Σ Fi/(Q 95% × 86400 × 365) > nominal value/2
		with
		Σ Fi: The sum of all annual loads measured per reporting year (in grams per year) of the point sources in the EmReg which are located in the measurement site catchment area.
		Q 95% : Reference water management (in cubic metres per second) at the measuring point of the monitoring network (§ 2 para. 4)
		Nominal value: in Appendix A, Table 1, column V in grams per cubic metre of calculated calculation value.
		In such cases, the annual freight for this substance shall be calculated from the third to the sixth reference year, at least by calculation (para. 1 (2) on the basis of the results of the first and second reporting years.

(5) For a substance of category B referred to in Annex A, Table 2, column V, the emission of which is not limited to a communication, the calculation of the annual freight for a point source subject to registration in accordance with § 2 (1) may also be determined according to the availability of the data. by calculations (para. 1 Z 2) or estimations (par. 1 Z 3); for a point source, which is to be registered in accordance with § 2 (2), no annual freight is to be determined for such a substance. For a substance referred to in Annex A, Table 2, column V, the emission shall be deemed to be excluded if the criteria referred to in paragraph 4 (Z) are met.

(6) As far as information or data referred to in paragraph 4 (1) of this Article is used for an activity referred to in Annex A, Table 2, column II, to the Federal Minister for Agriculture, Forestry, the Environment and Water Management, for example, on the basis of studies or surveys in a form the generalisable statements may be used to designate those priority substances of Annex A, Table 2, which require the annual survey to be determined by means of individual measurements, since their origin or their origin is Occurrence in waste water is to be expected. For registered effects from municipal wastewater treatment plants with a rated value of more than 10 000 inhabitants 60 A commitment to determine the annual freight by means of individual measurements for Category B substances listed in Annex A, Table 2, column IV, shall be determined only after the Federal Minister for Agriculture, Forestry, the Environment and Water Management has made a statement in this regard.

(7) In addition to the obligations laid down in paragraph 3, the determination of the annual rates of total organically bound carbon (TOC), in addition to the obligations under paragraph 3, has also been subject to authorisation (Section 32b (5) of the WRG 1959). Nitrogen (TN) B ), total phosphorus (P) or chloride (Cl), provided that substances of category A or B are emitted, which are covered by these parameters.

(8) The obligation to determine the annual freight by means of individual measurements (paragraph 1). 1) for Category B substances, in the case of discharges from waste water purification plants for municipal waste water from settlement areas, installations with a rated value greater than 10 000 p.a. 60 is limited.

(9) The determination of the annual loads of (ab) water constituents from individual measurements (par. 1 Z 1) shall be carried out in accordance with the monitoring methods used in the monitoring of a point source and the nature and quantity of the monitoring data obtained in accordance with one of the methods described in Appendix C.1. It is appropriate to use the method which is better suited for this purpose, in accordance with the type of data acquisition.

(10) The period of measurement (measurement period) for the data used for the determination of the annual rates is the same as the reporting year.

Frequencies of measurements of the concentrations of (Ab) water content substances and requirements for the collection of (Ab) water quantities

§ 6. (1) The implementation of individual measurements for the determination of the annual freight of an emitted water content shall be carried out in the context of the self-monitoring. Where a substance in category A determines the frequency of measurement of concentration in a notification of consent, that frequency shall apply. Is in a wastewater emission ordinance according to § 4 (3) of the General Waste Water Emissions Ordinance AAEV, BGBl. No 186/1996, within the framework of self-monitoring, a greater minimum frequency than in the notification of consent is to be complied with. If, for a substance in category B, Appendix A, Table 2, column IV, the frequency of the measurement is determined in a notification of consent, that frequency shall apply. If, for a substance in category B, Appendix A, Table 2, column IV, the frequency of the measurement is not regulated in the notification of consent, the minimum frequencies for measurements in accordance with Annex C.2, Table 1, shall be complied with. If the frequency of the measurement is determined in the declaration of consent for the introduction of the indices for a substance regulated in section 5 (7), this frequency shall apply, otherwise the minimum frequencies for measurements shall be determined in order to determine the annual freight. Appendix C.2 Table 1.

(2) In the implementation of individual measurements for the determination of the annual loads emitted (Ab) water ingredients, for substances of category A for the removal, preservation, treatment and analysis of (Ab) water samples, are those listed in Annex C of the AAEV contain a specific regulation in accordance with Section 4 (3) of the AAEV, which is specific to a region of origin, are to be applied in this respect. Category B substances shall be determined with the analytical methods listed in Annex C as total contents of the total unfiltered sample.

(3) The determination of the quantities of water has to be determined in accordance with the methods of the Attachment C the AAEV as well as the methods referred to in Appendix C. The (ab) water volume flow is in the case of a continuously operated introduction with a permissible maximum day (ab) water quantity of greater than 50 m 3 /d by means of a measuring instrument with a self-writing display device and clock-time synchronous counting mechanism, unless the type of (Ab) water-menu-version has already been prescribed by the authority in the notification of consent for the point source. In the case of a continuously operated introduction with a permissible maximum daily (ab) water quantity of not greater than 50 m 3 /d the daily measurement can also be carried out by means of registration of the water consumption (water meter) causing the (Ab) water attack or by means of a measuring device such as a measuring weir or Venturi channel or a comparable device.

(4) In the case of a discontinuously operated introduction (e.g. batch operation), the number of introduction processes and the water volume derived in each case in the case of the individual operations are to be recorded.

Final destination

§ 7. (1) For the purpose of filling the emission register with master data in the first reporting cycle, the following provisions of § 4 apply to the data collection concerning the time limits and the extent of the data to be reported:

1.		A period of eight months from the date of entry into force of this Regulation shall apply for the collection of the master data by the provincial governor (Section 4 (3)).
2.		In order to supplement the reported data by the Federal Minister for Agriculture, Forestry, Environment and Water Management (Section 4 (4)), a period of nine months from the date of entry into force of this Regulation shall apply.
3.		A period of ten months from the date of entry into force of this Regulation shall apply for the transmission of the user name and the password to the registre in accordance with § 4 (5).
4.		A period of eleven months from the date of entry into force of this Regulation shall apply to the reporting of the register subject in accordance with Section 4 (5). Water-economic movement data (Appendix B.1 Z 20 and Z 21, Annex B.2 Z 19 and Z 20 and Annex B.3 Z 21 and Z 22) are not to be reported on the occasion of the first-time recording.
5.		A period of twelve months from the date of entry into force of this Regulation shall apply for the optional plausibility check of the data by the provincial governor (Section 4 (7)).
6.		For the publication of the data in the WISA (Section 4 (10)), a period of 14 months from the date of entry into force of this Regulation shall apply.

(2) For the purpose of filling the emission register with movement data in the first reporting cycle, the following regulations concerning time limits, scope and measurement obligations shall apply for the data collection and its determination:

1.		The obligation to transmit movement data for those substances whose emissions are limited in a communication begins with 1. Jänner 2010 for the reporting year 2009.
2.		The obligation to determine movement data in accordance with § 5 (4) and Annex B.1 Z 21, Annex B.2 Z 20 and Annex B.3 Z 22 shall begin with 1. January 2010, the obligation to transmit these movement data begins with 1. Jänner 2011.
3.		The assessment concerning the removal of the measuring obligation pursuant to § 5 (4) (Z) 3 has to be carried out for the first reporting cycle on the basis of the movement data for the reference year 2010; the measurement obligation can be omitted with 31 December 2011.

entry into force

§ 8. This Regulation shall enter into force on 1 February 2009.

Berlakovich