Second Ordinance For The Implementation Of The Federal Immission Control Act

Original Language Title: Zweite Verordnung zur Durchführung des Bundes-Immissionsschutzgesetzes

Read the untranslated law here: http://www.gesetze-im-internet.de/bimschv_2_1990/BJNR026940990.html

Second regulation on the implementation of the Federal Immission Control Act (regulation on the limitation of emissions of volatile halogenated organic compounds - 2nd BImSchV) 2. BImSchV Ausfertigung date: 10.12.1990 full quotation: "regulation to limit emissions of volatile halogenated organic compounds of 10 December 1990 (BGBl. I S. 2694), most recently by article 2 of the Decree of April 28, 2015 (BGBl. I p. 670) has been changed" stand: last amended by art. 2 V v. 28.4.2015 I 670 for details on the stand number you see in the menu see remarks footnote (+++ text detection from) : 1.3.1991 +++) short heading: IdF d. art. 2 No. 1 V v. 21.8.2001 I 2180 mWv 25.8.2001 input formula on the basis of § 23 para 1 of the Federal Immission Control Act as amended by the notice of 14 May 1990 (BGBl. I S. 880) the Federal Government enacted after consultation of interested parties: table of contents the first section general rules section 1 scope article 2 feedstock second section construction and operation section 3 surface treatment systems § 4 Chemischreinigungs - and textile equipment facility § 5 extraction plants third section requirements for legacy assets § 6 (dropped out) § 7 (dropped out) § 8 (dropped out) § 9 (dropped out)
Fourth section monitoring and surveillance article 10 measuring apertures § 11 Autocontrol § 12 monitoring fifth section common provisions article 13 dealing with volatile free of halogenated organic compounds § 14 derivation of the exhaust section 15 and shut-off of plants article 16 General requirements article 17 reporting to the European Commission, informing the public of § 18 additional requirements article 19 approval of exceptions section 20 offences sixth section (dropped out) first section General provisions section 1 scope of application (1) this Regulation applies to the establishment , the nature and operation of facilities in which, using no solvents, the halogenated hydrocarbons with a boiling point at 1 013 HPA up to 423 Kelvin [150 degrees Celsius] (volatile halogenated organic compounds) contain up to 423 Kelvin [150 degrees Celsius] (highly volatile halogenated hydrocarbons) or other volatile halogenated organic compounds with a boiling point at 1 013 HPA, 1 the surface of objects or materials , in particular from metal, glass, ceramic, plastic, or rubber, cleaned, greased, degreased, coated, decoated, developed, phosphated, dried or treated in a similar way is (surface treatment systems), 2. is treatment goods, especially textiles, leather, furs, skins, fibres, feathers or wool, cleaned, degreased, impregnated, equipped, dried or treated in a similar fashion (Chemischreinigungs - and textile equipment plant), aromas, oils, fats or other substances from plants or parts of plants or animal carcasses or parts of carcasses extracts 3. or be refined (extraction systems).
(2) this regulation does not apply to systems in which solvent with a mass content of volatile halogenated organic compounds are used up to 1 per cent.

§ 2 (1) the operator of a plant feedstock has to replace following noxious substances or mixtures with less harmful: 1. substances or mixtures, the a) be used and that by virtue of their salary under Regulation (EC) no 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing directives 67/548/EEC and 1999/45/EC and amending Regulation (EC) No 1907 /. 2006 (OJ L 353 of 31.12.2008, p. 1), by Regulation (EC) no 790 / 2009 (OJ L 235 of the 5.9.2009, p. 1) is has been modified when classified carcinogenic, mutagenic or toxic to reproduction volatile organic compounds are associated with the hazard warnings H340, H350, H350i, H360D or H360F or the R-phrase R 45, R 46, R 49, R 60 or R 61 or with these rates are to be marked, b) be used from 1 June 2015 and that by virtue of their salary under Regulation (EC) no 1272 / 2008 as carcinogenic , classified mutagenic or toxic to reproduction volatile organic compounds are associated with the hazard statements H340, H350, H350i, H360D or H360F or to be labelled with these rates, or 2. used substances or mixtures that contain volatile organic compounds, which according to § 21 paragraph 4 of the Ordinance on hazardous substances as substances with a carcinogenic, mutagenic or reproductive toxicity effects have been are announced.
These substances or mixtures are so far as possible to replace in shortest possible time, taking into account the suitability, use and the proportionality between costs and benefits. Sentence 1 does not apply to the use of such substances or mixtures in facilities according to § 3 para 1 and 2, in which the solvent leading tank and lines are gas-tight or held during operation under reduced pressure, provided that falls below the threshold value for solvent consumption of 1 t / a.
(2) only tetrachloroethylene, trichloroethylene or dichloromethane may be used when the systems as highly volatile halogenated hydrocarbons in a technically pure form. Sentence 1 shall be without prejudice to paragraph 1. The halocarbons may no substances used to be or used to be, which are carcinogenic according to paragraph 1. By way of derogation from sentence 1 shall apply: 1. trichloroethylene must not be a operation by Chemischreinigungs - and textile equipment equipment and extraction plants, 2. dichloromethane may not be when operating Chemischreinigungs - and textile equipment facility.
The constraint for dichloromethane pursuant to sentence does not apply to systems where using this substance only skins be degreased 4 No. 2. Additives from August 25, 2001 as a carcinogen be classified or announced they may 3 by way of derogation from set still until the expiration of one year after the classification or notification are used.
Second phase construction and operation § 3 surface treatment systems are (1) surface treatment systems to build and maintain that 1 the handling goods in a case is handled, that is ever closed until on the holes required for the suction of fumes and exploited the possibilities to limit the emissions, by sealing, separation from the system air and change of the treatment process after the State of the art , 2. the mass concentration of volatile halogenated organic compounds in the conditioning air in the sampling area immediately prior to collection of the treatment material of the housing 1 gram per cubic meter, based on the exhaust gas volume under standard conditions (273.15 Kelvin, 1 013 HPA), does not exceed, and 3. an automatic locking mechanism ensures that the removal of the treatment material from the sampling area can occur only when the mass concentration referred to in paragraph 2 is no longer exceeded according to the result of a current metrological review.
The conditioning air in the sampling area is extracted, refers to 1 mass concentration called no. 2 which in set the outlet of air of system from the sampling area.
(2) aspirated are exhaust gas to feed a separator ensures that the emissions of volatile halogenated organic compounds in the raw exhaust gas relative to the exhaust gas volume under standard conditions, do not exceed a mass concentration of 20 milligrams per cubic meter. The separated volatile halogenated organic compounds are to recover. The use of substances or mixtures according to § 2 para 1, which cannot be replaced by less harmful substances or mixtures, the operator has to ensure that the emissions of the therein volatile organic compounds, even in the presence of several of these compounds, a mass flow of 5 grams per hour or in the raw exhaust gas a mass concentration of 2 milligrams per cubic meter, based on the exhaust gas volume under standard conditions , do not exceed. After separators after surface treatment systems facilities must be used a flue gas volume flow by more than 500 cubic metres per hour either for continuous measurement by using a recorded measurement device for the mass concentration of volatile halogenated organic compounds in the exhaust gas or facilities, that register an increase in the mass concentration of more than 1 gram per cubic meter and trigger a forced shutdown of the surface treatment systems connected to the separator in this case.
(3) equipment for the paint, where the requirements referred to in paragraph 1 No. 2 and 3 cannot be met, are to build and maintain, that the extraction area during the removal of the treatment material extracted, held no liquid solvent by adding parts and manual treatment outside of the closed housing is encapsulated and sucked the treatment area according to the State of the art.
(4) surface treatment systems, where the requirements cannot be met under paragraph 1 on the basis of the bulkiness of the treatment material, are to build and maintain that the ways to limit emissions, through encapsulation, sealing, separation from the conditioning air, air locks and extraction will be exhausted after the State of the art.
(5) paragraph 1 No. 2 and 3 applies to surface treatment systems, where no other volatile halogenated organic compounds as hydro fluoro ether used, as a met, as far as the emissions of hydro fluoro ether do not exceed an average flow of 30 grams per hour.

Section 4 Chemischreinigungs - and textile equipment systems are (1) Chemischreinigungs and textile equipment machines to build and maintain that 1 after completion of the drying process the mass concentration of volatile free of halogenated organic compounds in the drying air at the outlet from the drum area during rotating drum, continuous ventilation and closed loading door and a temperature of treatment not less than 308 k (35 degrees Celsius) 2 grams per cubic meter (with a ventilation rate of at least 2 cubic metres and not more than 5 cubic metres per Bela de kilograms per hour in the Measuring phase; in systems with a higher airflow is to obtain) the value while on an air change rate of 5 cubic metres per kilogram Bela de weight per hour, based on the volume of exhaust gas in the standard State (273.15 Kelvin, 1 013 HPA), does not exceed and 2. at the beginning of the treatment process automatically a backup will be effective, that locked the loading door until after completion of the drying process the mass concentration of volatile halogenated organic compounds referred to in paragraph 1 is no longer exceeded according to the result of a current metrological review.
(2) exhaust, be sucked off by Chemischreinigungs - or textile equipment machines, is to feed a separator ensures that the emissions of volatile halogenated organic compounds in the raw exhaust gas relative to the exhaust gas volume under standard conditions, do not exceed a mass concentration of 20 milligrams per cubic meter. The separated volatile halogenated organic compounds are to recover. The use of substances or mixtures according to § 2 para 1, which cannot be replaced by less harmful substances or mixtures, the operator has to ensure that the emissions of the therein volatile organic compounds, even in the presence of several of these compounds, a mass flow of 5 grams per hour or in the raw exhaust gas a mass concentration of 2 milligrams per cubic meter, based on the exhaust gas volume under standard conditions , do not exceed. The separator can be desorbed with fresh air or ambient air. Sentence 1 does not apply to ventilation equipment pursuant to paragraph 4. After separators behind Chemischreinigungs - or textile equipment facility facilities must be used a flue gas volume flow by more than 500 cubic metres per hour either for continuous measurement by using a recorded measurement device for the mass concentration of volatile halogenated organic compounds in the exhaust gas or equipment, that register an increase in the mass concentration of more than 1 gram per cubic meter and trigger a forced shutdown of Chemischreinigungs - connected to the separator as well as textile equipment facility in this case.
(3) only renewable filters may be used in Chemischreinigungs - and textile equipment machines for the cleaning of the liquid solvent.
(4) the premises are exclusively through ventilation facilities with exhaust air to ventilate. The ventilation is to perform so that emissions of volatile halogenated organic compounds, the bodies of emergence of collected in the areas of equipment, storage of the solvent, the storage of purified or equipped treatment material, ironing tables, steam lines or the discharge of the machines be located on the, be exhausted.
(5) no volatile halogenated organic compounds may be used in the premises outside of Chemischreinigungs - and textile equipment machines.
(6) chemical cleaning facilities including self-service machines may be operated only in the presence of qualified staff.

Extraction systems extraction systems are section 5 to build and maintain that the exhaust gases are fed to a separator, ensures that the emissions of volatile halogenated organic compounds in the raw exhaust gas a mass concentration of 20 milligrams per cubic meter, based on the exhaust gas volume under standard conditions (273.15 Kelvin, 1 013 HPA), do not exceed. The separated volatile halogenated organic compounds are to recover. The use of substances or mixtures according to § 2 para 1, which cannot be replaced by less harmful substances or mixtures, the operator has to ensure that the emissions of the therein volatile organic compounds, even in the presence of several of these compounds, a mass flow of 5 grams per hour or in the raw exhaust gas a mass concentration of 2 milligrams per cubic meter, based on the exhaust gas volume under standard conditions , do not exceed. After separators behind extraction plants for continuous measurement by using a recorded measurement device for the mass concentration of volatile halogenated organic compounds in the exhaust gas or facilities must have at a waste gas volume flow of more than 500 cubic metres per hour either, which related to the exhaust gas volume under standard conditions, register an increase in the mass concentration of more than 1 gram per cubic meter, and trigger a forced shutdown of the extraction equipment connected to the separator in this case.
Third section requirements for existing plants articles 6 to 9 (dropped out) - fourth section monitoring and surveillance article 10 measuring apertures of the operator of a facility for the requirements pursuant to § 3 para 1 are set no. 2 or 3 or para 2, article 4, paragraph 1 or paragraph 2 or § 5, has to establish suitable tightly closable openings of measurement to the verification of compliance with the requirements or to set up. The establishment of the test holes must be suitable for the measurements and permit safe measurements.

§ 11 monitoring (1) the operator of a facility has about 1 of the plant led to levels of volatile halogenated organic compounds, 2. the reprocessing or disposal supplied quantities of solvents or solvent-containing substances, 3rd is the operating hours and 4 that he caused or even performed maintenance to keep records, so far as he requires to not already due to waste or wasserrechtlicher rules. For Chemischreinigungs - and textile equipment plant, the weight of the cleaning material is in addition to capture. The records are kept at the operating location for three years to and to submit to the competent authority upon request. The hours of operation are to capture by an operating hours counter.
(2) the operator of a facility that is equipped with a separator according to § 3 para 2, § 4 paragraph 2 or article 5 has at least working to evaluate its ability to function and to capture the result in writing, as far as the function of the separator is subject to control by a continuous critical instrument or automatic shutdown. The records are kept at the operating location for three years to and to submit to the competent authority upon request.

§ 12 monitoring (1) the operator of a facility, that of the Federal Immission Control Act of no approval is required according to § 4, has to show them the competent authority before use; the duty of disclosure applies 1 a change which may have significant negative effects on human health or the environment, a 2. According to the assessment by the competent authority in the event of a substantial change which paragraph 2 (2) is a significant modification of a non-licensable installation within the meaning of paragraph 1 in accordance with change of the nominal capacity at facilities with a solvent consumption of 10 tonnes per year or less , which leads to an increase of emissions of volatile organic compounds by more than 25 percent, 3. a change of the nominal capacity other than the facilities referred to in paragraph 2, which leads to an increase of emissions of volatile organic compounds by more than 10 percent.
(3) that number 2 and 3 is called nominal capacity in paragraph 2 the maximum mass input of organic solvents used in a plant, averaged over one day, if the plant under conditions of normal operation is operated according to its interpretation.
(4) the operator of a built after entry into force of this regulation, or significantly modified plant for the article 3 par. 1 No. 2 and 3 or para 2 or article 4, paragraph 1 or paragraph 2 or § 5 lays down requirements, has to determine compliance with the respective requirements at the earliest three months and through first-time measurements anywhere within six months after the commissioning of one according to § 29 known given b paragraph 2 in conjunction with § 26 of the Federal Immission Control Act.
(5) the operator of a facility for the article 3 par. 1 No. 2 and 3 or para 2 or article 4, paragraph 1 or paragraph 2 or § 5 lays down requirements, each year has compliance with the respective requirements to determine each at the latest after 12 months, one according to § 29 through repetitive measurements anywhere known given b paragraph 2 in conjunction with § 26 of the Federal Immission Control Act. A recurrent measurement need not to a facility with a maximum volume of solvent fill up to 50 litres, as far as exhausted gases pursuant to § 4 paragraph 2 through a collector are.
(6) a measurement results according to paragraph 2 or 3, that the requirements are not met, so of the operators according to § 29 has to make repeat a measurement known given b paragraph 2 in conjunction with § 26 of the Federal Immission Control Act Office within six weeks after the measurement.
(7) the mass concentration of volatile halogenated organic compounds shall be determined by at least three individual measurements in order to ensure correct operation. The total duration of each single measurement should be in the exhaust gas during the extraction phase typically 1. when determining the mass concentration in the drum or Cleanout area 30 seconds and 2. when determining the mass concentration of 30 minutes. As far as the operation of the system requires it, the measuring time is to shorten accordingly. The requirements is considered to have been observed if the result of each single measurement does not exceed the specified limit.
(8) the result of the measurements according to paragraph 4 to 6 the operator has to each report. The report must contain information on the underlying investments and operating conditions, the results of individual measurements and the measurement procedure used. It is for three years at the operating location to be kept. A copy of the report is to submit to the competent authority within four weeks.
(9) paragraph 5 sentence 1 does not apply, as far as the compliance with the requirements of the mass concentration of volatile halogenated organic compounds in the waste gas is detected by continuous measurements using a measuring device be recorded. The measuring device is once a year by a by the Supreme authority of the country or the particular national law authority pursuant to § calibrate point 29 b of paragraph 2 of the Federal Immission Control Act known given test gas and check for functionality. The documentation of the results of the measurements and calibration are kept at the operating location for three years to and to submit to the competent authority upon request.
(10) the mass concentration of volatile halogenated organic compounds in the exhaust requirements for continuous measurement according to paragraph 9 as having been observed, if the evaluation of the measurement logs for the attributable to the suction phase operating hours in a calendar year, that occurred at all hours averages no higher exceedances as up to the one and a Halffold the limit and the limit is adhered to in the daily average.
(11) at a facility determines that the requirements are not complied according to § 2 para 1 or the §§ 3, 4, or section 5, has the operator to immediately report this to the competent authority. The operator shall, without delay, the necessary measures must be taken to ensure the proper operation of the system. Through appropriate measures, the competent authority shall ensure that the operators fulfill his duties or take the plant out of operation.
Fifth section common provisions article 13 filling the plants with solvents or adjuvants, as well as the removal of used solvent are dealing with volatile halogenated organic compounds (1) to make, that it be reduced emissions of volatile halogenated organic compounds after the State of the art, in particular by that repressed solvent exhaust 1 are sucked off and fed into a separator or 2 after the gas pendulum procedure be replaced.
(2) residues that contain volatile halogenated organic compounds, taken from the equipment only with a closed device.
(3) Leichtflüchtige halogenated organic compounds or residues containing such compounds may be stored only in closed containers, transported and handled.

§ 14 the suctioned gases are derivative of the exhaust gases through a flue that is resistant to highly volatile halogenated organic compounds, to infer that a removal of the free air flow is guaranteed. Sentence 1 shall apply accordingly for the exhaust air of the ventilation equipment.

Section 15 has - and shut-off equipment (1) the operator of a facility to take all appropriate measures to keep the emissions during the arrival and shut-down as low as possible.
(2) purchase or shut-down are operations, with which the operation or standby mode of a plant or plant part is manufactured or finished. Regularly recurring phase from activities which are carried out in the system are not considered- or shut-down.

Article 16 General requirements (1) systems according to article 1, paragraph 1 may only be operated when the stay of people serving non-operating room or 2nd in an adjoining operating in the food within the meaning of § 1 of the food and supplies law of subject to produced, treated, marketed, consumed or stored the progression from halogenated hydrocarbons 1 in a, is limited to the State of the art.
(2) If a room air concentration of tetrachloroethylene by more than 0.1 milligrams per cubic metre, calculated as an average over a period of seven days, found in one of the areas listed in paragraph 1, the operation of a neighboring plant due to, has to meet, which will ensure that a room air concentration does not exceed 0.1 milligrams per cubic meter of the operator of this plant within six months measures.
(3) (dropped out) article 17 reporting to the European Commission, informing the public of (1) the operator of a facility for the reporting has the European Commission referred to in paragraph 2 required information of the competent authority upon request according to the established procedure and in the specified form to submit to.
(2) the competent authority shall every three years according to the requirements of article 72 paragraph 1 and 2 of Directive 2010/75/EC of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control of pollution) (recast) (OJ L 334 of the 17.12.2010, p. 17) within six months after the end of each three-year period the Federal Ministry for environment, nature conservation and nuclear safety or the agency designated by it a report on the implementation of this regulation to send. The Federal Ministry for environment, nature conservation and nuclear safety paragraph 1 and 2 of Directive 2010/75/EC shall submit a report of the Commission of the European communities according to the requirements of article 72.
(3) the competent authority has 1 binding rules generally applicable to installations and the displayed directories and approved activities, as well as 2 their results to make accessible § 10 to 12 carried out monitoring and surveillance of the public according to the §. Sentence 1 does not apply to such information, from which conclusions on operational or business secrets can be drawn.

§ 18 further requests the competent authority empowered to make other or further orders, on the basis of the Federal Immission Control Act remain unaffected.

§ 19 approval of exemptions (1) the competent authority may, at the request of the operator by way of derogation from § 2 para 2 sentence 1 for high-value applications in surface treatment plants, especially in the cleaning of electronic components, the manufacturing of precision workpiece or production in the mess - und REGELTECHNIK, also the use of volatile part of fluorinated hydrocarbons in a technically pure form or mixed with trans-1 , 2-Dichloroethylene allow, as far as individual adverse environmental impacts and effects on the climate are not expected and if the State of the art for these applications no other part not fluorinated solvents can be used.
(2) the competent authority may allow exceptions to the requirements of § 2 para 2 sentence 4, sections 3 to 5, as well as sections 10 to 16 at the request of the operator, as far as individual requirements of regulation only with disproportionately high costs can be met, taking into account the special circumstances of the case, adverse environmental impacts are not expected and the exceptions in a precaution against harmful environmental impacts, as well as the directive 2010/75/EC do not preclude.
(3) the competent authority may grant an exception 2010/75/EC at the request of the operator in accordance with the directive from the request a current metrological review pursuant to § 3 para 1 sentence 1 No. 3, in conjunction with automatic locking in other ways ensured is, that the removal of the treatment material from the sampling area can take place only if the mass concentration of volatile halogenated organic compounds in the conditioning air in the sampling area no longer exceeds 1 gram per cubic meter.
Concluding formula the Federal Council has approved.

Article 20 offences (1) any person in the sense of § 62 para 1 No. 7 of the Federal Immission Control Act is, who intentionally or negligently a substance or a mixture does not or not timely replaced 1 violates article 2, par. 1, 1a.
uses a substance contrary to section 2, paragraph 2, sentence 1 or 4, and 1. contrary to article 2, paragraph 2, sentence 3 a substance to, 2. contrary to a) section 3, subsection 1, sentence 1, § 3 or 4 a surface treatment plant, b) article 4, paragraph 1 a Chemischreinigungs - or textile equipment maker, c) § 4 paragraph 6 a Chemischreinigungs - or textile equipment plant, d) section 5 sentence 1 does not properly built an extraction plant or operates incorrectly , 3. contrary to section 3, paragraph 2, sentence 1 or § 4 paragraph 2 sentence 1 extracted exhaust brings not a prescribed separator, 4. contrary to section 3, paragraph 2, sentence 2, section 4, paragraph 2, sentence 2 or § 5 sentence 2 does not win back there substances, 4a.
contrary to section 3 subsection 2 sentence 3, § 4, paragraph 2, sentence 3 or section 5 clause 3 does not ensure that the emissions do not exceed the specified values for the mass flow or the mass concentration, 5. contrary to § 4 paragraph 2 sentence 4 desorbiert a separator with fresh air or ambient air, 6 contrary to § 4 para 3 uses not regenerable filter, 7 contrary to § 4 para 4 airs an operating room not in the prescribed manner , 8 contrary to § 4 paragraph 5 there uses substances, 9 (dropped out) not set up 10 contrary to § 10 measuring apertures or set up 11 contrary to section 11, subsection 1, sentence 1 or 2 records or not completely, 12 contrary to section 11, subsection 1, sentence 4 captures the operating hours by an operating hours counter, 13 violates article 11 par. 2 not or not timely checks a separator or not writing captures the result of the test , 13a.
violates article 12, paragraph 1 a display not or not timely reimbursed, complying with the requirements set by measurements to determine not or not timely to set 1 can 14 contrary to section 12 paragraph 4 or paragraph 5, 15 contrary to section 12 paragraph 6 does not or not timely to carry out a repeat measurement can be, 16 contrary to section 12, paragraph 9, sentence 2 can not or not timely to calibrate a measuring device or check on functioning of , 16a.
contrary to section 12, paragraph 11, sentence 1 a communication does not, not properly or in a timely manner, a measure meets 16. contrary to section 12, paragraph 11, sentence 2 do not, not properly or in a timely manner, 17 violates article 13 par. 1 when a system makes the filling or extraction in the prescribed manner, 18 violates article 13 para 2 takes a plant there called residues with a closed device , 19 contrary to § 13 para 3 there is stored substances or residues in closed containers, transported or handles, 20 violates article 14 sentence 1, also in conjunction with sentence 2, exhaust in the prescribed manner is derived, 21 contrary to article 16, paragraph 1 operates a facility pursuant to section 1 para 1 or 22 contrary to section 17, subsection 1, sentence 1 not or not timely guides to information.
(2) any person in the sense of § 62 para 1 No. 7 of the Federal Immission Control Act is, who contrary to section 11, subsection 1, sentence 3 or paragraph 2 sentence 2, article 12, paragraph 8, set 3 or paragraph 9 the referred documents not kept record 3.