Twenty-first Regulation implementing the Federal Immission Control Act (Regulation on the limitation of hydrocarbon emissions in the refuelling of motor vehicles-21). BImSchV)

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21. BImSchV

Date of completion: 07.10.1992

Full quote:

" Regulation on the limitation of hydrocarbon emissions from the refuelling of motor vehicles in the version of the Notice of 18 August 2014 (BGBl. 1453), as defined by Article 7 of the Regulation of 28 April 2015 (BGBl). 670).

Status:	New by Bek. v. 18.8.2014 I 1453
	Amended by Art. 7 V v. 28.4.2015 I 670

For more details, please refer to the menu under Notes
This Regulation shall be used for the implementation of Directive 2009 /126/EC of the European Parliament and of the Council of 21 June 2000 on the implementation of October 2009 on Phase II of petrol vapour recovery during refuelling of motor vehicles at petrol stations (OJ L 327, 28.12.2009, p. OJ L 285, 31.10.2009, p.36).

Footnote

(+ + + Text evidence from: 1.1.1993 + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 EGRL 126/2009 (CELEX Nr: 32009L0126) + + +) 

  

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Content Summary

§ 1	Scope
§ 2	Definitions
§ 3	Construction and operation of petrol stations
§ 4	Measurement openings
§ 5	Monitoring
§ 6	Labelling
§ 7	Approval of exceptions
§ 8	Accessibility of standards
§ 9	Irregularities
§ 10	Transitional arrangements

Appendix 1 (to § § 3 and 5)

Determination of the efficiency and the tightness of gas recirculation systems according to the VDI guideline: VDI 4205 sheet 4, August 2005 edition

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§ 1 Scope

This Regulation shall apply to the establishment, quality and operation of petrol stations, to the extent that fuel tanks of motor vehicles are fuelled by petrol or fuel mixtures, and that the filling stations of the petrol stations are authorised in accordance with Article 4 of the Federal Immission Protection Act is not required. Unofficial table of contents

§ 2 Definitions

The following definitions shall apply in this Regulation:

1.

Exhaust gas purification system: a gas recirculation system for the central recovery of petrol and fuel mixtures from fuel vapors;

2.

Automatic monitoring device: a device which detects malfunctions of the equipment for the fuel vapour/air mixture recirculation itself, signals it and automatically triggers the shut-off function after 72 hours;

3.

Qualified person: pursuant to § 2 (7) of the operating security regulation of 27 September 2002 (BGBl. 3777), as last amended by Article 5 of the Law of 8 November 2011 (BGBl). 2178), which has been amended;

4.

Existing petrol station: a petrol station established before 1 January 1993;

5.

Bioethanol: ethanol of 100% by volume, produced from biomass or the biodegradable fraction of waste and intended for use in fuel mixtures;

6.

Throughput: the annual total amount of petrol and fuel mixtures refilled from a storage tank of a filling station to movable containers;

7.

Emissions: air pollution from an installation in fuel vapors; concentration figures refer to the undiluted exhaust volume in the standard state (273 Kelvin, 1 013 hectopascal) after the moisture content is deducted from water vapour;

8.

Specialist company: an operation within the meaning of § 3 (2) of the Ordination on Plants for the Handling of Water-Hazardous Substances of 31 March 2010 (BGBl). 377), which also has equipment for fire and explosion protection and knowledgeable persons with the necessary knowledge of fire and explosion protection, in addition to equipment and equipment;

9.

Gas recirculation system: means equipment for returning the fuel vapour which escapes from the vehicle tank during refuelling of a motor vehicle to a storage tank on the petrol station premises or to the dispensing system;

10.

Fuel vapour-air-mixture: the ratio between the volume of the fuel vapour that passes through the gas recirculation system and the volume of the tapped petrol or the fuel mixture at atmospheric pressure;

11.

Correction factor: factor to take into account the different density of air and fuel vapour-air-mixture;

12.

Fuel vapors: gaseous compounds evaporating from gasoline or fuel mixtures;

13.

Fuel mixtures: petroleum derivatives containing more than 10% and less than 90% by volume of bioethanol, as defined in Table A of UN No 3475 in Part 3, Chapter 3.2.1 of Annexes A and B to the European Convention of 30 September 1957 on the international carriage of dangerous goods by road (ADR) in the version of the notice of 7 April 2009 (BGBl. 396), most recently in accordance with the 21. ADR-amending Regulation of 7. October 2010 (BGBl. 1134), have been amended;

14.

Storage tank: a fixed tank or fixed container for the storage of petrol or fuel mixtures at a petrol station;

15.

Publicly appointed and sworn expert: a according to § 36 of the Industrial Code of 22 February 1999 (BGBl. 202), as last amended by Article 8 of the Law of 23 November 2011 (BGBl I). 2298), has been amended, publicly ordered and sworn-in experts;

16.

Petrol: petroleum derivatives containing up to 10% by volume of bioethanol, which correspond to the UN No 1203 of Table A in Part 3, Chapter 3.2.1 of Annexes A and B to the ADR, and which are intended for use as fuel for ottomotore;

17.

Petrol station: a device for the delivery of petrol and fuel mixtures from storage tanks to fuel tanks of motor vehicles;

18.

Efficiency: the amount of fuel vapour collected via the gas recirculation system, expressed as a percentage of the amount of fuel vapour that would escape into the atmosphere if the equipment did not exist;

19.

authorised monitoring centre: monitoring body which is subject to the provisions of Section 17 (5) of the Equipment and Product Safety Act of 6 January 2004 (BGBl. 2), as last amended by Article 3 of the Law of 7 July 2005 (BGBl). 1970), or in accordance with Section 37 (5) of the Product Safety Act of 8 November 2011 (BGBl. 2178), respectively, in conjunction with Section 21 (2) of the Ordinance on the Safety of Operational Safety of 27 September 2002 (BGBl. 3777), as last amended by Article 5 of the Law of 8 November 2011 (BGBl). 2178), has been designated by the competent State authority for the examination of installations in need of surveillance pursuant to the first sentence of Article 1 (2), first sentence, points 3 and 4 of the operating safety regulation, and by the Federal Ministry of Labour and Social Affairs, and by has been made known in the Joint Ministerial Gazan.

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§ 3 Establishment and operation of petrol stations

(1) petrol stations must be constructed and operated in such a way that the fuel vapors displaced in the vehicle tank during refuelling of vehicles with petrol or a fuel mixture in accordance with the state of the art shall be operated by means of a gas recirculation system collected and supplied to the storage tank of the petrol station. (2) Service stations may be operated only if the gas recirculation system used has been certified by the manufacturer to the effect that the gas recirculation system has been approved by an approved gas-tank manufacturer. The monitoring body or a publicly appointed and sworn expert shall be: Test conditions in accordance with the procedure laid down in Annex 1 (1) shall not be less than 85% of the efficiency determined by the hundred. The certificate must be kept at the place of business and must be submitted to the competent authority upon request. (3) Gas recirculation systems without negative pressure support shall be established and operated in such a way that:

1.

only those dispensing valves are used in which a dense transition to the vehicle tank of the vehicles can be produced, the tank filler neck of which is suitable for the return of gas,

2.

the free gas passage in the return system is ensured with sufficiently low flow resistance,

3.

the counterpressure on the tap valve does not exceed the maximum value, according to the manufacturer,

4.

the return lines from the dispenings to the storage tank have a stalled gradient of at least 1 per cent; and

5.

The sealing sleeves of the tap valves do not have any cracks, holes or other defects that can lead to leaks.

(4) Gas recirculation systems with negative pressure support shall be established and operated in such a way as to ensure that:

1.

the volume ratio between the recirculated fuel vapour/air mixture and the fuelled fuel, determined in accordance with the procedure referred to in the third sentence of Article 5 (2), does not fall below the hundred and does not exceed 105 per hundred,

2.

no extranant air passes via the equipment of the pump into the gas recirculation line and thus the entire gas recirculation system is tight,

3.

during the gas recirculation, except for safety-related releases, no fuel vapors are emitted into the atmosphere via the gas recirculation system and the connected devices; and

4.

the functioning of the gas recirculation system shall be continuously checked by means of an automatic monitoring device which meets at least the requirements referred to in paragraph 5.

(5) The automatic monitoring device referred to in paragraph 4 (4) shall have:

1.

automatically detect malfunctions of the gas recirculation system and signal the malfunctions detected to the gas station personnel,

2.

in the event of disturbances in the functioning of the gas recirculation system, which are signalled to the filling station staff for more than 72 hours, to automatically interrupt the fuel flow,

3.

automatically detect malfunction problems and signal to the gas station staff,

4.

in the event of malfunction, which shall be signalled to the filling station staff for a period longer than in the period referred to in point 2, the fuel flow shall be automatically interrupted.

A disturbance of the operability of the gas recirculation system shall be provided if the continuous assessment of the fuelling operations by the automatic monitoring means shows that the volume ratio between the recirculating system and the recirculating system shall be determined by the control unit. The fuel vapour/air mixture and the fuelled fuel, averaged over the duration of the refuelling process, in the case of ten refuelling operations in a row, respectively, either fall below 85% or exceed 115 of the hundred. The assessment referred to in the second sentence shall include only such refuelling operations, the duration of which shall be 20 seconds or more and in which the fuel volume flow shall reach 25 litres per minute or more. (6) By way of derogation from paragraph 1, gas stations may also be used in such a way as to: shall be constructed and operated in such a way that the fuel vapors displaced in the vehicle tank are fully detected and supplied to an exhaust gas purification device with a material recovery of the fuel vapors, the degree of cleaning 97 of which is not of the hundred is less than. A combination of this technology with the one referred to in paragraph 1 shall be permitted. (7) Paragraph 1 shall not apply to:

1.

existing petrol stations within the meaning of Section 2 (4), which have an annual throughput of petrol or fuel mixtures of 500 cubic metres or less,

2.

existing service stations within the meaning of Section 2 (4), which are located under permanent living or working spaces and have an annual throughput of petrol or fuel mixtures of 100 cubic metres or less,

3.

the refuelling of vehicles which cannot be refuelled by means of a gas recirculation system,

4.

Petrol stations used for refuelling of new vehicles in automobile plants.

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§ 4 Measurement openings

The operator of a filling station shall establish suitable, tightly sealable measuring openings for checking the requirements of section 3 (3) (2) or (3) or (4) (1) prior to entry into service. Unofficial table of contents

§ 5 Monitoring

(1) The operator must notify the gas station before the competent authority is put into service. (2) The operator has to comply with the requirements of § 3 (3) or (4) by an approved monitoring body or by a publicly appointed and of the experts who have been sworn in, shall state the following:

1.

for the first time not later than six weeks after the entry into service of the gas recirculation system and then

2.

every two and a half years in the delivery of fuel mixtures,

3.

every five years in the delivery of petrol.

Sentence 1 shall apply with the proviso that compliance with the requirement laid down in Article 3 (4) (3) shall be complied with by the approved monitoring body or by a publicly appointed and sworn expert by a leak test in accordance with the procedure laid down in Annex 1 (2) is to be established. Compliance with the requirement laid down in Article 3 (4) (1) shall be determined with a measurement on each tube of the pump; this requirement shall be deemed to have been complied with if, for each individual measurement, the duration of the refuelling operation the average volume ratio between the recirculated fuel vapour/air mixture and the fuel tanked within the tolerance laid down in § 3 (4) (1) remains. The review is to be carried out in accordance with the VDI guideline: VDI 4205 sheet 2, July 2003 edition, and the VDI guideline: VDI 4205 sheet 3, November 2003 edition. (3) The operator has to comply with the requirement for the cleaning level of a Exhaust gas purification device according to § 3 (6) shall be determined by measurements at the following intervals from a point known in accordance with § 29b of the Federal Immission Protection Act:

1.

for the first time at the earliest three months and no later than six months after the exhaust gas purification device is put into service, and then

2.

every three years.

(4) A verification pursuant to paragraph 2 or 3 shall be made that the requirements are not met;

1.

to immediately repair the gas station and

2.

by an approved inspection body, by a publicly appointed and sworn expert or by a body notified in accordance with section 29b of the Federal Immission Protection Act, within six weeks of the inspection, Allow the retry to be performed.

(5) The results of the verifications referred to in paragraphs 2 to 4 shall be subject to the drawing up of a report by the operator. The operator shall keep the respective report at the place of business five years from the date of preparation. A copy of the relevant report shall be sent to the operator of the competent authority within four weeks of the inspection. (6) The operator shall, notwithstanding the requirements set out in paragraphs 2, 4 and 5, have a gas recirculation system in the following: Check the intervals of a qualified person for a perfect condition and, in the event of defects found, to be immediately repaired by a specialist company:

1.

at least once every two and a half years, with negative pressure support and an automatic monitoring facility in accordance with Article 3 (4);

2.

without negative pressure support in accordance with § 3 (3) at least once a quarter.

In the case of exhaust gas purification devices in accordance with Article 3 (6), the requirements of paragraphs 3 to 5 shall be followed in accordance with the first number of the first paragraph of paragraph 1. The results of the checks carried out in accordance with the first and second sentences and the repair measures carried out shall be recorded in writing and these results shall be recorded by the approved monitoring body or by the experts appointed and sworn in. during the examination referred to in paragraph 2. (7) The operator shall ensure that the disturbances signalled by an automatic monitoring facility in accordance with Section 3 (4) number 4 are immediately remedied by a specialist establishment. The operator shall keep the records referred to in the second sentence of paragraph 7 and the second sentence of the second sentence of paragraph 9 at the place of business three years from the date of preparation, and the operator shall keep the records in writing. (9) The operator shall record the annual throughput of petrol and fuel mixtures as of 1 February of each year for the previous calendar year. The records shall be kept at the place of business three years from the date of preparation and shall be submitted to the competent authority upon request. The obligations under sentences 1 and 2 shall be deleted if the requirements laid down in § 3 are fulfilled. Unofficial table of contents

§ 6 Labelling obligation

(1) The operator shall have a sign, a sticker or any other communication in the area of the dispentable posts, clearly visible at the latest on 1 July 2012, which shall inform the consumer of the existence of the gas recirculation system and of the (2) Paragraph 1 shall not apply to the service stations referred to in Article 3 (7). Unofficial table of contents

§ 7 Approval of exceptions

The competent authority may, at the request of the operator, grant exemptions from the requirements of Sections 3 to 6, in so far as individual requirements of the Regulation are not or only with regard to the particular circumstances of the individual case. can be met with disproportionately high costs and risks for employees and third parties, as well as harmful environmental impacts, are not to be expected. Unofficial table of contents

§ 8 Accessibility of standards

VDI Guidelines, which are referred to in this Regulation, are to be obtained from Beuth Verlag GmbH, Berlin, and are deposited at the German National Library in an archive-based way. Unofficial table of contents

§ 9 Administrative Offences

Contrary to the provisions of Section 62 (1) (7) of the Federal Immission Control Act, who intentionally or negligently acts

1.

Contrary to § 3 (1), a petrol station is not installed correctly or is not properly operated,

2.

, contrary to Article 3 (2), first sentence, runs a petrol station,

3.

, contrary to the provisions of the second sentence of Article 3 (2) or the third sentence of Article 5 (6), the second sentence of paragraph 8 or the second sentence of paragraph 9, the document referred to therein shall not or

4.

, contrary to Article 3 (3) or (4), a gas-return system is not properly constructed or is not properly operated,

5.

Contrary to § 4, a measuring opening shall not be set up or shall not be provided

6.

Contrary to § 5, paragraph 1, an advertisement is not, not correct, not fully or not reimbursed in good time,

7.

shall not, contrary to the provisions of the first sentence of Article 5 (2) or (3), establish whether or not to comply with a requirement referred to therein

8.

Contrary to § 5 (4), a petrol station does not or does not instate in good time or fails to carry out a re-examination in time, or does not allow to

9.

, contrary to the second sentence of Article 5 (5), the second sentence of paragraph 8 or the second sentence of paragraph 9, the document referred to therein shall not be kept for the prescribed period, or

10.

in breach of the third sentence of Article 5 (5), does not forward a copy or not in due time;

11.

, contrary to the provisions of the first sentence of Article 5 (6), a gas-return system shall not be checked or shall not be repaired in good time, or shall not be repaired

12.

Contrary to § 5 (7) sentence 1, it does not ensure that a signalled incident is remedied without delay,

13.

Contrary to § 5 (9) sentence 1, the annual throughput is not collected, not correct or not recorded in good time,

14.

Contrary to § 6 (1), a sign, a sticker or a notice does not apply, either correctly or not in good time.

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§ 10 Transitional Regulation

Existing filling stations shall comply with the requirements of Article 3 (1) at the latest from 1 January 2019, if they

1.

have an annual flow rate of petrol or fuel mixtures of more than 500 cubic metres up to 1 000 cubic metres, or

2.

are situated under permanent living or working spaces and have an annual throughput of petrol or fuel mixtures of more than 100 cubic metres up to 1 000 cubic metres.

The year 2012 is the reference year for the annual throughput. If the petrol station is not operated throughout the year 2012, the actual throughput is to be calculated to the year. Petrol stations established between 1 January 1993 and 27 April 2012 shall, in the case of fuel mixtures, comply with the requirements of Article 3 (1) at the latest from 1 January 2019. Unofficial table of contents

Appendix 1 (to § § 3 and 5)
Determination of the efficiency and the tightness of gas recirculation systems according to the VDI guideline: VDI 4205 sheet 4, August 2005 edition

(Fundstelle: BGBl. I 2014, 1458)

1.

Determination of efficiency

1.1

The efficiency of a gas recirculation system is based on the difference between the basic emission and the residual emission according to the relationship

η	=
η	=	Efficiency Percent
EB	=	Basic emission (mean value of the basic emission of the tested vehicle collective in grams per litre)
ER	=	Residual emission (mean value of the residual emission of the tested vehicle collective in grams per litre)

to be identified.

1.2

The measurement of the basic emission takes place when the gas recirculation is switched off, the measurement of the residual emission is carried out under the same conditions when the gas return is in operation. Both measurements shall be carried out on a sufficiently large representative vehicle collective. The residual emission shall be determined for each vehicle type for two positions of the bleed valve at the tank neck of the vehicle (normal position and a position rotated by at least 45 degrees with respect to the normal position).

1.3

The individual measurements for the determination of the basic and residual emission are in each case arithmetically to be average for a series of measurements. The representative vehicle collective is the result of the statistics of the vehicles newly registered in Europe in 2009. The measurements shall be carried out in the case of the maximum fuel flow indicated by the petrol pump manufacturer, but at least 38 litres per minute. A marketable bleed valve shall be used.

1.4

The Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety, after consulting with knowledgeable representatives of the interested parties, may, for the first time, be amended from 1 January 2012 and thereafter at intervals of four years, by way of derogation from point 1.3. representative vehicle collectives.

1.5

The vehicle tanks of the vehicle collective to be examined shall be conditioned before the measurements so as to contain fuel vapors with saturation concentration. For the measurements it is necessary to use summer or winter fuel with constant fuel quality in accordance with the season. The fuel temperature must be kept constant over the entire measuring period. The fuel temperature must not exceed 2 Kelvin from the target temperature. For the measurement duration, the ambient temperature should be in the range of more than 5 and less than 25 degrees Celsius.

2.

Tightness testing of gas recirculation systems

2.1

Before the first entry into service of a gas recirculation system, after any substantial change in the system and at the latest by two and a half years at the time of the emission of fuel mixtures and of five years in the delivery of petrol, a To carry out tightness testing of the complete gas recirculation system.

2.2

In order to check the tightness of the gas recirculation lines, the complete line system between the base point of the pump and the storage tank with 200 kilopascal overpressure is to be applied in a suitable manner. Within 30 minutes, a maximum pressure drop of 100 hectopascals is allowed.

2.3

The tightness of the gas recirculation system between the foot point of the pump and the tap valve shall be tested in accordance with the requirements of the manufacturer, depending on the system, with overpressure or underpressure. The test before commissioning is no longer necessary if a certificate from the manufacturer of the petrol pump or the qualified person is available via the leak test.

3.

Adjustment of the correction factor for fuel mixes In fuel mixtures, the adjustment, self-control and monitoring of the gas recirculation systems (for example, dry measurement according to the VDI guideline: 4205 sheet 3, November 2003 edition) A reduced correction factor (K factor) is required. The necessary reduction of the K factor in the case of fuel mixtures with a bioethanol content of more than 5% by volume must be carried out in accordance with the K factor indicated in the certificate for the respective fuel type.