Eleventh Ordinance For The Implementation Of The Federal Immission Control Act (Regulation On Emission Declarations)

Original Language Title: Elfte Verordnung zur Durchführung des Bundes-Immissionsschutzgesetzes (Verordnung über Emissionserklärungen)

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Read the untranslated law here: http://www.gesetze-im-internet.de/bimschv_11_2004/BJNR069400004.html

Eleventh Ordinance for the implementation of the Federal Immission Control Act (regulation on emission declarations) (11 BImSchV) 11 BImSchV Ausfertigung date: 29.04.2004 full quotation: "eleventh Ordinance for the implementation of the Federal Immission Control Act (regulation on emission declarations) as amended by the notice of March 5, 2007 (BGBl. I p. 289), most recently by article 8 paragraph 2 of the Decree of 2 may 2013 (BGBl. I p. 1021) is has been modified" stand: Neugefasst by BEK. v. 5.3.2007 I 289 last amended by article 8 para 2 V v 2.5.2013 I 1021 for details on the stand number you see in the menu see remarks footnote (+++ text detection from: 6.5.2004 +++) heading: IdF d. Article 1 No. 1 V v. 21.12.2006 I 3392 mWv 29.12.2006 article 1 scope this Regulation applies to installations requiring a permit with the exception of the plants in the following numbers of annex 1 of the Ordinance on installations requiring a permit from May 2nd, 2013 (BGBl. I p. 973) are called : 1.6; 1.8; 1.15; 1.16; 2.1; 2.14; 3.11; 3.13; 3.19; 3.22; 3.24; 3.25; 4.5; 4.9; 6.2.2; 7.1.1.2, 7.1.2.2, 7.1.3.2, 7.1.4.2, 7.1.5, 7.1.6 and 7.1.7.2 7.1.8.2, 7.1.9, 7.1.10, 7.1.11; 7.2; 7.3.1.2 and 7.3.2.2; 7.4; 7.5.2; 7.11; 7.13; 7.14.2; 7.17.2; 7.18; 7.19; 7.20.2; 7.22.2; 7.23.2; 7.25; 7.26; 7.27.2; 7.28.1.2 and 7.28.2.2; 7.29.2; 7.30.2; 7.31.2.2 and 7.31.3.2; 7.32; 8.4; 8.5; 8.6; 8.9; 8.10; 8.11; 8.12; 8.13; 8.14; 8.15; 9.1 and 9.36. 10.1; 10.4; 10.15.1 and 10.15.2.2; 10.16; 10.17; 10.18; 10.25. parts or auxiliary equipment that is seen to fall under the scope of application of this regulation, shall belong to the assets excluded from this regulation to submit an emission declaration according to § 3 only for these parts or auxiliary equipment.

Article 2 definitions for the purposes of this regulation are: 1 emissions the emitted by plants air pollution including climate-relevant substances, 2. emissivity the ratio of the mass of emissions to the mass of the produced or processed substances, used fuels or raw materials, or the amount of used or converted to energy, 3 energy and mass balance the juxtapositions of the energies and the fuels and materials with the transformed energy , the produced substances, the resulting waste as well as emissions, 4 exhaust the carrier gases with solid, liquid or gaseous emissions.

Section 3 has content, scope and form of the emission Declaration (1) the operator of a facility to make an issue statement, content corresponding to the Appendix. Emissions shall be indicated for 1 substances according to number 5.2.2 class I (such as mercury), number 5.2.4 class I (such as arsenic hydrogen), number 5.2.7 (such as arsenic and its compounds except for arsenic hydrogen, cadmium and its compounds, nickel and certain nickel compounds) the technical guide to clean of air (TA air) of 24 July 2002 (GMBl p. 511), other very toxic substances *), insofar as their respective emissions per unit exceed 0.01 kilogram per hour or 0.25 kilograms in the period , polychlorinated dibenzodioxins and dibenzofurans (given in toxicity equivalents according to annex 2 of regulation over the incineration and co-incineration of waste from 2 may 2013 (Federal Law Gazette I p. 1021, 1044) and substances with similar toxic effect which independently to provide are the size of their mass flows, 2. sulphur hexafluoride, nickel compounds except for carcinogenic compounds and polycyclic aromatic hydrocarbons other than substances referred to in point 1, as far as their respective emission per unit exceeds the value of 50 kilograms in the period) , Trichlorobenzene, hexachlorobenzene and hexachlorocyclohexane, as far as their respective emission per unit exceeds the value of 10 kilograms in the period, and 3. other substances, as far as their respective emission per unit exceeds the value of 100 kilograms in the period, where instead of single substances emissions can be specified as a sum parameter of total carbon, dust, nitric oxide nitrogen dioxide and sulfur oxide in sulfur dioxide.
No emissions for the period to be specified, the information in the "Emissionsverursachender operation" and "Emissions" of the annex can be omitted.
(2) the Supreme authority of the country or the authority under State law can set simplifications of the emission Declaration until six months before the end of a statement period for certain plants. The competent authority can set at the request of the operator of a facility until four months before the expiry of a declaration, which the information required pursuant to annex can be omitted.
(3) the Declaration of emissions is to submit in electronic form to the competent authority. The format of the electronic form is set by the competent authority up to six months before the end of the statement period. The competent authority may grant at the request of the operator in justified cases or derogations by virtue of the provisions pursuant to sentence 1 or 2.
---*) Apply the definitions and classifications of the hazardous substances Ordinance dated 26 November 2010 (Federal Law Gazette I p. 1643).

§ 4 period, time of the Declaration, Erklärungspflichtiger (1) the first period for the Declaration of emissions is the calendar year 2008. An emission Declaration to submit is then for every fourth calendar year.
(2) the emission statement is to deliver up to 31 May of the year following the respective statement period. At the request of the operator in a particular case, the competent authority can extend the period until 30 June. The extension application for an emission declaration must be made no later than April 30 of the year following the declaration period.
(3) the Declaration of emissions is obliged to, who has operated the facility during the declaration period. Is the plant taken, closed down during the statement period in operation or temporarily not operated, the period includes the parts of the calendar year in which the plant is established.

§ To determine 5 determination of (1) emissions emissions are as follows: 1. measurement (M) continuously recorded measurements or representative measurements, particularly as a result of orders according to section 26 or section 28 of the Federal Immission Control Act, 2. calculations (C) on the basis of substantiated invoices using emission factors, energy and mass balance calculations or analysis results, 3. estimates (E) to based on mass balance calculations, measurements or performance or design data of similar systems , if performance or capacity as well as operating conditions are comparable or by estimates based on comparable bases. Measurements, calculations and estimates are to be considered on an equal footing.
(2) in the emission statement is to specify what procedure the emissions have been identified. At the request of the competent authority are the details of the investigation procedure to specify. The documents shall be kept at least four years after the Declaration.

§ 6 on request exempted from the obligation to make of an emission Declaration the operator exceptions that competent authority may, as far as in individual cases, air pollution can go out of the system only to a limited extent.

§ 7 (entry into force, expiry) - annex (site of the original text: BGBl. I, 2007, 292-293) emission Declaration contents of the emission declaration explaining emission Declaration as declaration period is the calendar year.
-Period - contact / - in issue statement - name - phone/fax/email address - place, date operator 1) - name - address - zip code - place, locality - Street and number work/operation 1) - identification number of work/operation - name - location - zip code - place, sources be locality Street and number - email address for electronic postal – number of the classification of industry (NACE code) the transfer points of the emitted by plants and the plants emissions into the atmosphere (sources) clearly numbered. The multiple use of a number of sources as well as the multiple numbering of one and the same source is not allowed.
-Description - number - name - location - legal value of the source (m) - high value of the source (m) - mass which is able of sources to indicate through the law and the high value of the Center after the official coordinates used in the countries.
 
-Sq (m sq m) - geometric height (m) plants 1) off of the label must be clearly visible type and purpose of the system.
-Number - name under utilization is the percentage of actual performance on the installed capacity relative to indicate on the declaration period.
-Number/column of the annex to the 4th BImSchV - installed capacity - measure - unit - managed substances to specify reference producing only the substances (such as coal, natural gas), which directly affect which of the plants emissions be closed may or which are required for the installation of a mass balance. The usage type of the managed substances (such as burnt fuel, raw material, product) shall be indicated.
-Number of installation - name - type of use - calorific value (lower) (kJ/kg) - mass flow (t/a) which is calorific value to specify for such substances, which are burned.
Emission-causing operation an emission-causing operation
releases emissions in the period on one of the sources mentioned under item sources. Is the release of emissions for a source in multiple operations (such as normal, arrival and departure operation, operating errors) to divide, if significantly different emissions or exit conditions due to different process sections and processes occur during these operations.
-Number of line - number of the source - code - type - designation - overall length (h/a) - exhaust - cleaning art - volume flow (m3/h) - moist (vol %)
Within a system are continuously to renumber the emission-causing operations and name (such as the burning of fuel oil EL, melting of steel).
 
-Temperature (degree C) is the indication of the flow rate to the dry normal state (273.15 K; 1013 hPa) to refer.
Emissions are emissions in the air to indicate each subject to declaration system in accordance with § 3 paragraph 1 as a single substance and only in individual cases such as such as NMVOC as sum parameters. You are in accordance with § 5 in measurements, to split invoices and estimates.
-Number of complex - number of the source - number of the emission-causing process - emitted substance - designation - State the competent authority may waive the indication of emissions, when calculating the emissions using emission factors - such as by software-based computer programs -.
 
-Emissions mass flow (kg/h) - annual load (kg/a) - determination of type of the annual load - M: measured, calculated C:, E: 1 estimated) the data normally available to the competent authority so that the operator must be only updated or supplemented.