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Eleventh Regulation implementing the Federal Immission Protection Act (Ordinances on Emission Declarations)

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

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Eleventh Regulation implementing the Federal Immission Protection Act (Ordination on Emissions Clarifications) (11. BImSchV)

Unofficial table of contents

11. BImSchV

Date of completion: 29.04.2004

Full quote:

" Eleventh regulation implementing the Federal Immission Protection Act (Ordination on emission declarations) in the version of the Notice dated 5 March 2007 (BGBl. 289), as last amended by Article 8 (2) of the Regulation of 2 May 2013 (BGBl I). 1021).

Status: New by Bek. v. 5.3.2007 I 289
Last amended by Art. 8 (2) V v. 2.5.2013 I 1021

For more details, please refer to the menu under Notes

Footnote

(+ + + Proof of text: 6.5.2004 + + +) 

Heading: IdF d. Art. 1 No. 1 V v. 21.12.2006 I 3392 mWv 29.12.2006 Unofficial table of contents

§ 1 Scope

This Regulation shall apply to installations in need of approval other than those contained in the following points in Annex 1 to the Regulation on installations in need of approval of 2 May 2013 (BGBl. I p. 973) are: 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, 7.1.7.2, 7.1.8.2, 7.1.9, 7.1.10 and 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. Where the installations excluded from this Regulation fall within the scope of this Regulation, parts or subsidiary bodies falling within the scope of this Regulation shall be subject to a declaration of emission in accordance with Article 3 only for those parts or subsidiary bodies. , Unofficial table of contents

§ 2 Definitions

For the purposes of this Regulation:
1.
Emissions of air pollution from installations, including climate-relevant substances,
2.
emission factor shall be the ratio of the mass of the emissions to the mass of the substances produced or processed, the fuel used or the raw materials used, or the quantity of energy used or converted,
3.
energy and mass balance sheets, the juxtapositions of the energies used and the fuels with the converted energies, the substances produced, the waste produced and the emissions,
4.
Exhaust gases containing solid, liquid or gaseous emissions.
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§ 3 Content, scope and form of the emission declaration

(1) The operator of an installation shall issue a declaration of emissions corresponding to the content of the Annex. Emissions shall be indicated for:
1.
Substances in accordance with point 5.2.2 of Class I (e.g. B. Mercury), point 5.2.4 Class I (e.g. B. Arsenic), point 5.2.7 (e.g. B. Arsen and its compounds other than arsenic hydrogen, cadmium and its compounds, nickel and certain nickel compounds) of the Technical Instructions for Air Purpose (TA Luft) of 24 July 2002 (GMBl p. 511), other very toxic substances *), as far as their respective emissions per unit exceed 0.01 kilograms per hour or 0.25 kilograms in the explanatory period, polychlorinated dibenzodioxins and dibenzofurans (specified in toxicity equivalents in accordance with Annex 2 to the Regulation on incineration) and the co-incineration of waste from 2 May 2013 (BGBl. 1021, 1044) and substances having a comparable toxic effect, each of which shall be indicated irrespective of the size of their mass flows,
2.
Sulphur hexafluoride, nickel compounds other than carcinogenic compounds and polycyclic aromatic hydrocarbons other than substances referred to in point 1, in so far as their respective emission per plant exceeds 50 kilograms in the explanatory period, trichlorobenzene, hexachlorobenzene and hexachlorocyclohexane, in so far as their respective emission per plant exceeds the value of 10 kilograms in the explanatory period, and
3.
other substances, in so far as their respective emission per unit exceeds the value of 100 kilograms in the explanatory period, where, instead of the emissions of individual substances, the indication is also given as the sum parameter of total carbon, dust, nitrogen oxide as Nitrogen dioxide and sulphur dioxide can be used as sulphur dioxide.
If no emissions are to be reported for the explanatory period, the information can be omitted from the "emission-causing process" and "emissions" of the Annex. (2) The competent top authority or the authority designated by the country's national law may Six months before the end of an explanatory period for certain installations, the emission declaration shall be simplified. The competent authority may, at the request of the operator, specify a period of up to four months before the end of a declaration period, which may be omitted from the information required by the Annex. (3) The emission declaration is usually in electronic form. Form to be submitted to the competent authority. The format of the electronic form shall be determined by the competent authority up to six months before the end of the explanatory period. At the request of the operator, the competent authority may, in justified cases or on its own account, grant derogations from the provisions laid down in the first or second sentence.
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*)
The definitions and classification of the Hazardous Substances Ordinance of 26 November 2010 (BGBl) apply. I p. 1643).
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§ 4 Explanatory period, date of declaration, declaratory

(1) The first declaration period for the emission declaration shall be the calendar year 2008. Subsequently, an emission declaration shall be issued for each fourth calendar year. (2) The emission declaration shall be issued until 31 May of the year following the respective declaration period. At the request of the operator, the competent authority may, on a case-by-case basis, extend the deadline until 30 June. The renewal request for an emission declaration must be made no later than 30 April of the year following the declaration period. (3) To submit a declaration of emission, it is obliged who the plant operated in the explanatory period. If the plant is put into operation, decommissioned or temporarily not operated during the explanatory period, the explanatory period shall include the parts of the calendar year in which the plant has been operated. Unofficial table of contents

§ 5 Determination of emissions

(1) Emissions shall be determined as follows:
1.
Measurements (M) as continuously recorded measurements or representative individual measurements, in particular on the basis of arrangements according to § 26 or § 28 of the Federal Immission Protection Act,
2.
calculations (C) on the basis of justified calculations using emission factors, energy and mass balance sheets or analytical results;
3.
Estimates (E) on the basis of mass balance sheets, measurement results or performance or design data of similar installations, provided that performance or capacity and operating conditions are comparable or based on estimates based on the basis of estimates comparable basis. Measurements, calculations and estimations shall be considered as equal.
(2) The emission declaration shall specify the procedures according to which the emissions have been determined. The details of the investigative procedure shall be indicated at the request of the competent authority. The documents shall be kept at least four years after the declaration has been issued. Unofficial table of contents

§ 6 Exceptions

The competent authority may, at the request of the operator, exempt the operator from the obligation to submit a declaration of emission, provided that, in individual cases, air pollution can only be carried out to a limited extent by the plant. Unofficial table of contents

§ 7 (Entry into force, expiry of the external force)

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Annex

(Fundstelle des Originaltextes: BGBl. I 2007, 292-293)
Declaration of emissions
Content of the emission declaration Explanation
Declaration of emissions The calendar year shall be indicated as the explanatory period.
-Explanatory period
-Contact person/-in the issuing declaration
-Name
-Phone/Fax/E-mail Address
-place, date
Operator 1)
-Name
-Address
-Postal code
-Location, district
-street/number
Plant/Operations 1)
-identification number of the work/operation
-Name
-Location
-Postal code
-Location, district
-street/number
-Email address for electronic mail traffic
-Number of nomenclature of economic activity (NACE code)
Sources The transfer of emissions from installations or installations into the atmosphere (sources) shall be clearly numbered. Not allowed is both the multiple use of a source number and the multiple numbering of one and the same source.
-Description
Number
Name
-Situation
-Legal value of the source (m)
-High value of the source (m)
-Measures The position of the sources shall be indicated by the legal and high-value of the centre, according to the official coordinates used in the countries.
-Area (sqm)
-Geometric Height (m)
Annexes 1) The name must clearly identify the nature and purpose of the installation.
Number
Name By utilization, the percentage of the actual performance in the installed power is to be reported in relation to the explanatory period.
-Number/column of the Annex to the 4. BImSchV
-Installed Capacity/Capacity
-Measure number
-Device
-Reference
Emission-related substances Specify only the substances (e.g. B.
coal, natural gas), from which it is possible to close directly on the emissions from the installations or which are necessary for the preparation of a mass balance. The type of use of the substances that have been traded (e.g. B. burned fuel, feedstock, product).
-Number of the installation
Name
-Type of use
-calorific value (lower) (kJ/kg)
-mass flow (t/a)
The calorific value shall be indicated for those substances which are incinerated.
Emission-causing operation An emission-causing operation
Releases emissions during the explanatory period via one of the sources mentioned in the position of sources. The release of the emissions is for a source into several processes (e.g. B. Normal, on-and-off operations, operational malfunctions), provided that there are clearly different emission or exit conditions in these operations due to different process sections and process sequences.
-Number of the installation
-Number of the source
Number
-Art
Name
-Total duration (h/a)
-exhaust gas
-Cleaning type
-Volume flow (cbm/h)
-Wet (Vol-%) Within an installation, the emission-causing processes shall be numbered and numbered consecutively (e.g. B. Firing of heating oil EL, melting of steel).
-Temperature (degree C)
The volume flow is to be given to the dry normal state (273.15 K; 1013 hPa).
Emissions Emissions into the air shall be deemed to be a single substance and only in individual cases, such as, for example, in individual cases, from any declaration required under Section 3 (1). B. Specify NMVOC as the sum parameter. In accordance with § 5, they are to be divided into measurements, invoices and estimations.
-Number of the installation
-Number of the source
-Number of the emission-causing process
-Emitted substance
Name
-Aggregate State The competent authority may waive the indication of emissions if emissions are emitted by means of emission factors, e.g. For example by software-based calculation programs.
-Emission mass flow (kg/h)
-Annual freight (kg/a)
-Investigation of the annual freight
-M: measured, C: calculated, E: estimated
1)
The information is usually available from the competent authority, so that the operator only needs to update or supplement it.