Twenty-First Regulation On The Implementation Of The Federal Immission Control Act

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

Read the untranslated law here: http://www.gesetze-im-internet.de/bimschv_21/BJNR017300992.html

Twenty-first regulation on the implementation of the Federal Immission Control Act (regulation to limit hydrocarbon emissions during refuelling of motor vehicles - 21 BImSchV) 21 BImSchV Ausfertigung date: 07.10.1992 full quotation: "regulation to limit hydrocarbon emissions during refuelling of motor vehicles, as amended by the notice of 18 August 2014 (BGBl. I p. 1453), by article 7 of the Decree of April 28, 2015 (BGBl. I p. 670) has been changed" stand : New grouped by BEK. v. 18.8.2014 I 1453 amended by art. 7 V v. 28.4.2015 I 670 for details on the stand number found in the menu under instructions this regulation serves the implementation of the directive 2009/126/EC of the European Parliament and of the Council of 21 October 2009 on stage II of petrol vapour recovery during refuelling of motor vehicles at service stations (OJ OJ L 285 of October 31, 2009, p. 36).
Footnote (+++ text detection from: 1.1.1993 +++) (+++ official note of the standard authority on EC law: implementation of EGRL 126 / 2009 (CELEX Nr: 32009 L 0126) +++) table of contents section 1 scope article 2 definitions article 3 construction and operation of gas stations § 4 measuring openings section 5 monitoring § 6 labelling section 7 approval of exceptions section 8 accessibility standards section 9 offences section 10 transitional system 1 (to the articles 3 and 5) determination of the degree of efficiency and the tightness of gas recirculation systems in accordance with VDI guideline : VDI 4205 sheet 4, Edition August 2005 § 1 scope this Regulation shall apply for the establishment of the nature and according to § 4 of the Federal Immission Control Act does not require the operation of petrol stations, as far as fuel tank are fueled by motor vehicles with petrol or fuel mixtures and the gas stations of a permit.

Article 2 definitions in this regulation the following definitions shall apply: 1. exhaust gas cleaning device: a vapour recovery system to the Central reclamation of petrol and fuel mixtures of fuel vapours;
2. automatic monitoring device: a device that detects malfunctions of equipment for the fuel vapor air mixture repatriation itself, signaled this and automatically throws the switch-off function after 72 hours;
3. authorised person: in accordance with § 2 paragraph 7 of the operational safety Ordinance of 27 September 2002 (BGBl. I S. 3777), most recently by article 5 of the law of 8 November 2011 (BGBl. I S. 2178) is has been modified, competent person;
4. existing gas station: a gas station, constructed before 1 January 1993;
5. bioethanol: Ethanol 100% by volume, which is produced from biomass or the biodegradable fraction of waste and is intended for use in fuel mixtures;
6 throughput: the annual total amount of petrol and fuel mixtures, which is been decanted from a storage tank in a petrol station into mobile containers;
7 emissions: the outgoing from a plant air pollution to fuel vapours; Concentration values refer to the undiluted exhaust gas volume under standard conditions (273 k, 1 013 HPA) after deducing the moisture content of water vapour;
8 company: a company within the meaning of article 3 paragraph 2 of the Ordinance on installations for the handling of substances hazardous to water by March 31, 2010 (Federal Law Gazette I p. 377), which also has equipment and equipment parts about fire - and explosion protection and knowledgeable people with the required knowledge of the fire and explosion protection;
9 gas recirculation system: an equipment, which routes the fuel vapor which escapes during the refuelling of a motor vehicle at a gas station from the vehicle tank, back in a storage tank at the gas station site or in the dispenser;
10 fuel vapor-air mixture: the ratio between the volume of the fuel vapor, which happens the vapour recovery system and the volume of the tapped Otto fuel or of the fuel mixture at atmospheric pressure;
11. correction factor: factor to take account of the different density of air and fuel vapor-air mixture;
12 fuel vapours: gaseous compounds that evaporate from petrol or fuel mixtures;
13 fuel mixtures: petroleum derivatives with a share of more than 10 and less than 90 volume percent bio-ethanol, which the UN No. 3475 of table A in part 3 Chapter 3.2.1 of the annexes A and B to the European agreement of 30 September 1957 concerning the international carriage of dangerous goods on the road (ADR), as amended by the notice of April 7, 2009 (BGBl. 2009 II p. 396) , the last in accordance with ADR 21 change regulation of 7 October 2010 (BGBl. 2010 II p. 1134) has been modified, comply with;
14 storage tank: a stationary tank or stationary containers for the storage of petrol or fuel mixtures at a gas station.
15 publicly appointed and sworn expert: according to section 36 of the trade regulations of 22 February 1999 (BGBl. I p. 202), most recently by article 8 of the Act of November 23, 2011 (Federal Law Gazette I p. 2298) is has been modified, publicly appointed and sworn expert.
16 petrol: oil derivatives are with a share of up to 10% bioethanol, that of UN No. 1203 of the table A match in part 3 Chapter 3.2.1 of the annexes A and B to the ADR and intended for use as fuel for Ottomotore;
17 gas station: a device for dispensing diesel fuel and fuel mixtures of storage tanks of fuel tanks of motor vehicles;
18 efficiency: the amount of fuel vapor prisoners of the vapour recovery system, expressed as a percentage of the amount of fuel vapor, which would escape into the atmosphere if it wasn't for the equipment;
19 approved monitoring body: monitoring job, which according to § 17 paragraph 5 of the equipment and product safety act of January 6, 2004 (BGBl. I S. 2), most recently by article 3 of the law of 7 July 2005 (BGBl. I S. 1970) is has been modified, or according to § 37, paragraph 5 of the product safety law of November 8, 2011 (BGBl. I S. 2178) in connection with article 21 paragraph 2 of the operational safety Ordinance of 27 September 2002 (BGBl. I S. 3777) , last by article 5 of the law of 8 November 2011 (Federal Law Gazette I S. 2178) is has been modified, by the responsible authorities for the inspection of requiring monitoring systems according to section 1, paragraph 2, sentence 1 number 3 and 4 of the operational safety Ordinance has been named the Federal Ministry of labour and Social Affairs and in the joint ministerial Gazette known made by this.

Section 3 establishment and operation of service stations (1) petrol stations are to build and maintain that the displaced fuel vapors are captured during refuelling of vehicles with petrol or a fuel mixture in the vehicle's fuel tank after the State of the art by means of a gas recirculation system and fed to the storage tank of the petrol station.
(2) filling stations may be operated only if for gas recirculation system used by a certificate of the manufacturer is been demonstrated, that his by an approved test centre or a publicly appointed and sworn expert under test conditions according to the procedure of annex 1 number 1 determined efficiency of 85 per cent does not fall below. The certificate is to be kept at the operating location and to submit to the competent authority upon request.
(3) gas recirculation systems without vacuum assistance are to build and maintain that 1 only such valves are used, where a dense transition to the vehicle's fuel tank of vehicles can be produced, the fuel nozzle is suitable for the vapour recovery, 2. the free gas passage in recirculation systems with sufficiently low flow resistance is guaranteed, 3. the pressure at the nozzle does not exceed the maximum according to the manufacturer , 4. the feedback lines from the pump to the storage tank have a steady gradient of at least 1 percent and the sealing collars of valves no cracks, holes or other defects exhibit 5, which can lead to leaks.
(4) gas recirculation systems with vacuum support are to build and operate, that does not exceed 1 that calculated volume ratio of the repatriated fuel vapour/air mixture and 95 per cent fuelled fuel does not fall below according to the procedures of section 5 paragraph 2 sentence 3 and 105 per cent, 2. no foreign air facilities the fuel pump in the gas return line and thus the entire gas recirculation system is tight , 3. during the gas recirculation, apart from safety-related releases, no fuel vapors of the vapour recovery system and the connected devices in the atmosphere be issued and 4. the functioning of the gas recirculation system continuously checks through automatic monitoring equipment, which meets at least the requirements of paragraph 5,.
(5) the automatic monitoring device according to paragraph 4 has automatically to determine 1 the functioning of the gas return system errors and to signal the identified errors the service station staff, to signal 2 errors in the functioning of the gas recirculation system, more than 72 hours signaled the petrol station staff, to interrupt the flow of fuel automatically, 3. errors of its own functioning to determine automatically and the petrol station staff number 4 4.
Troubleshooting the internal functioning of the petrol station staff are longer than the period referred to in paragraph 2 signaled automatically to interrupt the flow of fuel.
A disturbance of the functioning of the gas recirculation system exists when the ongoing evaluation of the refuelling operations through the automatic monitoring device indicated that the volume ratio between the repatriated fuel vapour/air mixture and fueled fuel, averaged over the duration of the refueling operation, ten refueling operations in a row either is less than 85 per cent or exceeds 115 per cent. In the assessment pursuant to sentence 2 only those are to include refueling operations the duration of which is 20 seconds or more and where the fuel flow rate per minute or more reached 25 liters.
(6) by way of derogation from paragraph 1 gas stations can be also built and operated, that the fuel vapours displaced in the vehicle's fuel tank be fully captured and carried to a waste gas cleaning facility with material recovery of fuel vapors, whose cleaning degree not lower than 97 per cent. A combination of this equipment with the referred to in paragraph 1 is allowed.
(7) paragraph 1 shall apply not for 1 existing petrol stations in the meaning of § 2 number 4, which have an annual throughput of petrol or fuel mixtures of 500 cubic meters or less, 100 cubic metres or less have existing 2. gas and service stations in the meaning of article 2 point 4, which are located under permanent living and working spaces and an annual throughput of petrol or fuel mixtures, 3. the refuelling of vehicles , can be that fueled not by means of a gas recirculation system, 4 gas stations, which serve for the refuelling of new vehicles in automotive plants.

§ 4 measuring apertures of a petrol station operator has control requirements according to § 3 paragraph 3 No. 1 before appropriate commissioning tightly closable openings of measuring set up number 2 or 3 or 4.

Article 5 monitoring (1) the operator has to show the gas station before the competent authority.
(2) the operator has to according to § 3 paragraph 3 or 4 of an approved test centre or by a publicly appointed and sworn expert in the following intervals determine compliance with the requirements: 1 for the first time and no later than six weeks after commissioning of the gas recirculation system and then 2 every two and a half years at the levy of fuel mixtures, 3. every five years on the sale of petrol.
Sentence 1 shall apply subject to the proviso that is according to § 3 paragraph 4 number 3 of the approved inspection body or by a publicly appointed and sworn experts through a leak test according to the procedure of annex 1 number 2 compliance with the requirement to be detected. Complying with the request pursuant to § 3 paragraph 4 is number 1 with each measurement on each tube of the pump to be detected; This requirement is considered to have been observed if at each individual measurement the volume ratio between the repatriated fuel vapor-air mixture and fueled fuel within the according to § 3 paragraph 4, averaged over the duration of the refueling operation 1 set tolerance remains number. The review is in accordance with VDI guideline: VDI 4205 sheet 2, July 2003, issue and the VDI guideline: VDI making 4205 sheet 3, November 2003, issue.
(3) the operator has to according to § 3 paragraph 6 in the following intervals of one according to § known given 29 b of the Federal Immission Control Act point measurements determine the compliance with the requirement for the level of cleaning of a waste gas cleaning facility: 1 for the first time not earlier than three months and not later than six months after the commissioning of the flue gas purification system and then 2nd every three years.
(4) an audit reveals according to paragraph 2 or 3, that the requirements are not met, is 1 immediately to put the gas station and 2 by an approved inspection body, by a publicly appointed and sworn expert or according to § 29 known given b of the Federal Immission Control Act place six weeks after the review carried a replay review.
(5) on the results of the checks pursuant to paragraphs 2 to 4, the operator has to each report. The operator has five years from creation to keep the report on the operating location. A copy of the respective report has to submit to the operator of the competent authority within four weeks after the review.
(6) the operator has paragraphs 2. Notwithstanding the requirements to check a gas recirculation system in the following intervals by a competent person in good condition 4 and 5 and detected defects immediately by a specialist company repaired: 1 with vacuum support and an automatic monitoring device according to § 3 paragraph 4 at least once every two and a half years, 2. no vacuum support according to § 3 paragraph 3 at least once quarterly.
Waste gas cleaning facilities according to § 3 paragraph 6 of paragraphs 3 to 5, according to set is for 1 number 1 Notwithstanding the requirements. The result of the verification pursuant to sentences 1 and 2, and the rehabilitation measures are to put in writing and during the test referred to in paragraph 2 to submit these results to the approved monitoring body or the publicly appointed and sworn expert.
(7) the operator has to make sure that the number immediately resolved 4 signaled errors through an automatic monitoring system according to § 3 paragraph 4 by a specialist. The signaled errors and the rehabilitation measures are to put in writing.
(8) the operator has to submit the records under paragraph 7 sentence 2 and paragraph 9 three years from creation to keep set 2 at the operating location and the competent authority upon request.
(9) the operator has to record the annual throughput of petrol and fuel mixtures to 1 February of each year for the previous calendar year. The records are to be kept three years from creation to the location and to submit to the competent authority upon request. The duties are eliminated pursuant to sentences 1 and 2, if the requirements are met according to § 3.

§ 6 labelling (1) the operator has to visibly attach a label, a sticker or other release on July 1, 2012 at the latest in the area of fuel dispensers which informs consumers about the presence of the gas return system and the automatic monitoring device.
(2) paragraph 1 does not apply called petrol stations that in article 3, paragraph 7.

§ 7 approval of exceptions the competent authority may at the request of the operator exceptions from the requirements of sections 3 to 6 allow individual as far as taking into account the special circumstances of the individual case requirements of regulation do not or can be met only with disproportionately high costs and risks for employees and others as well as adverse environmental impacts are not expected.

§ 8 accessibility standards VDI guidelines, referenced in this regulation are at the Beuth Verlag GmbH, to Berlin, and at the German national library archive terms secured laid down.

Section 9 is number 7 of the Federal Immission Control Act offences any person in the sense of article 62, paragraph 1, who intentionally or negligently a petrol station not correctly built 1 violates article 3 paragraph 1 or does not properly runs, a filling station operates 2. contrary to article 3, paragraph 2, sentence 1, sentence 2 a there called surface not or not timely submit 3. contrary to section 3, paragraph 2, sentence 2 or § 5, paragraph 6, sentence 3, paragraph 8, or paragraph 9 , 4. contrary to article 3 paragraph 3 or paragraph 4 a vapour recovery system not properly constructed or operates incorrectly, 5. violates article 4 not or not timely sets up a test port, 6 contrary to § 5 paragraph 1 not, incorrectly, incompletely or not timely filed a charges, 7 contrary to article 5, paragraph 2, sentence 1 or paragraph 3 does not or not timely compliance with a specified request can be , 8 contrary to section 5, paragraph 4 a petrol station is not or not timely repair or a repeat check not or not timely can be, 9 contrary to section 5, paragraph 5, sentence 2, paragraph 8, or paragraph 9 a there called surface not or not for the prescribed duration kept set 2, 10 contrary to article 5, paragraph 5, sentence 3 not or not timely shall forward a copy , 11 contrary to article 5, paragraph 6, sentence 1 a vapour recovery system check not or not timely or not or not timely service put can be, 12 contrary to § 5, paragraph 7, sentence 1 does not ensure that a signaled problem will be remedied immediately, 13 contrary to article 5, paragraph 9, sentence 1 the annual throughput not, not properly or in a timely manner captured, 14 contrary to § 6 paragraph 1 a sign , a sticker, or a release is not, not properly or in a timely manner.

Section 10 transitional existing petrol stations have to meet the requirements of § 3 paragraph 1 at the latest on January 1, 2019, when they 1 have an annual throughput of petrol or fuel mixtures of more than 500 cubic metres up to 1 000 cubic metres, or 2.
are located under permanent living or working areas and up to 1 000 cubic meters have an annual throughput of petrol or fuel mixtures of more than 100 cubic meters.
The reference year for the annual throughput is the year 2012. The gas station not operated throughout the year 2012, the actual throughput for the year is to extrapolate. Petrol stations which have been built between January 1, 1993 and April 27, 2012, have to comply with the requirements of § 3 paragraph 1 at the latest on January 1, 2019 in case the levy of fuel mixtures.

Appendix 1 (to the articles 3 and 5) determination of the degree of efficiency and the tightness of gas recirculation systems in accordance with VDI guideline: VDI 4205 sheet 4, August 2005 Edition (reference: BGBl. I 2014, 1458) 1. determination of efficiency 1.1 which is efficiency of a gas recirculation system the difference between the base emission the residual emission according to the relationship of η = η = efficiency percentage EB = base emission (mean of the base emission related to the amount of fuel that is fueled the investigated vehicle collective in grams per litre) = residual emissions (average on the fueled) To determine the amount of fuel-related residual emission of the tested vehicle collective in grams per litre).
1.2 the base emission measurement is carried out at disconnected vapour recovery, the measurement of the residual emission under the same conditions when operating owned vapour recovery. Both measurements are carried out on a sufficiently large representative vehicle collective. The residual emission shall be determined (normal position and a position rotated by at least 45 degrees from the normal position) for two positions of the nozzle in the nozzle of the vehicle depending on vehicle type.
1.3 the individual measurements for the determination of the base - and residual emissions are to arithmetic means for a series of measurements. The representative vehicle collective results from the statistics of the vehicles newly registered in 2009 in Europe. The measurements are at the maximum fuel flow, specified by the manufacturer of the fuel pumps, but at least to 38 litres per minute, making. It is a market-clearing nozzle to use.
1.4 the Federal Ministry for environment, nature conservation, construction and nuclear safety to announce after consultation with knowledgeable representatives of interested parties for the first time from January 1, 2012, and then at intervals of four years by way of derogation from point 1.3 modified representative vehicle collectives.
1.5 the vehicle tanks of the vehicle collective to be examined are to condition that they contain fuel vapor saturation concentration from the measurements. For the measurements, summer or winter fuel with constant fuel quality to use is according to the season. The fuel temperature is constant over the entire duration of the measurement. The fuel temperature must not differ in maximum 2 Kelvin temperature. The ambient temperature in the range of more than 5 and less than 25 degrees Celsius should be for the duration of the measurement.
2. leak test gas recirculation systems 2.1 before of starting a gas recirculation system, after any significant change to the system and at the latest at a distance of two and a half years at the levy of fuel mixtures and five years for the emission of petrol is a leak test of the complete gas recirculation system perform.
2.2 to check the tightness of the gas return lines is overpressure in appropriate way to pressurize the complete piping system between the bottom of the dispenser and storage tank with 200 kilopascals. Within 30 minutes is allowed a maximum pressure drop of 100 HPA.
2.3 the tightness of the gas recirculation system between the bottom of the pump and the pump valve is system dependent with overpressure or negative pressure to check according to the specifications of the manufacturer. The test before is omitted if there is a certificate of the pump manufacturer's or the qualified person of the leak test.
3. adjustment of the correction factor for fuel mixtures for fuel mixtures is for setting, monitoring and supervision of gas recirculation systems (for example dry measurement according to VDI guideline: 4205 sheet 3, November 2003 issue) a reduced correction factor (K factor) required. The necessary reduction of the K-factor for fuel mixtures with a Bioethanolanteil of more than 5% of the volume is to make the K factor specified in the certificate for the respective fuel type.