Twenty-Seventh Regulation On The Implementation Of The Federal Immission Control Act (Article 1 Of The Ordinance On Installations For The Cremation And Amending The Ordinance On Installations Requiring A Permit)

Original Language Title: Siebenundzwanzigste Verordnung zur Durchführung des Bundes-Immissionsschutzgesetzes (Artikel 1 der Verordnung über Anlagen zur Feuerbestattung und zur Änderung der Verordnung über genehmigungsbedürftige Anlagen)

Read the untranslated law here: http://www.gesetze-im-internet.de/bimschv_27/BJNR054510997.html

Twenty-seventh regulation on the implementation of the Federal Immission Control Act (article 1 of the Ordinance on installations for the cremation and amending the Ordinance on installations requiring a permit) (Ordinance on plants to the cremation - 27 BImSchV) 27 BImSchV Ausfertigung date: 19.03.1997 full quotation: "regulation concerning equipment for the cremation of 19 March 1997 (BGBl. I S. 545), most recently by article 10 of the Decree of 2 may 2013 (Gazette I p. 973) is changed" stand : Last modified by article 10 V v. 2.5.2013 I 973 for details on the stand number found in the menu under notes the obligations under Directive 83/189/EEC of 28 March 1983 laying down a procedure in the field of technical standards and regulations (OJ EC No. L 109, p. 8), as last amended by Directive 94/10/EC of the European Parliament and of the Council of 23 March 1994 (OJ EC No. L 100, p. 30), have been observed.
Footnote (+++ text detection from: 1.5.1997 +++) (+++ official note of the standard authority on EC law: compliance with the EWGRL 189/83 (CELEX Nr: 383 L 0189) +++) the V was adopted by the Federal Government after consultation with the interested parties with the consent of the Federal Council. It occurs as per art. 3 V v. 19.3.1997 I 545 mWv 1.5.1997 in force.

Article 1 scope this Regulation shall apply for the establishment, the nature and the operation of systems for the cremation.

§ 2 are defined in the meaning of this Regulation: 1. exhaust gases: the carrier gases with the solid, liquid or gaseous emissions;
2. old plants: plants which have been built or approved before the entry into force of this regulation;
3. equipment for cremation (plants): all technical facilities which serve the cremation of the human corpse;
4. emissions: the air pollution outgoing from the plant; they are given as mass concentration in the units of nanograms per cubic meter (ng/m3) or milligrams per cubic meter (mg/m3), based on the exhaust gas volume under standard conditions (273 K, 1013 hPa) after deducing the moisture content of water vapour; they relate to a volume content of oxygen in the exhaust gas by 11 per cent, with electrically operated equipment on a volume content of oxygen in the exhaust gas by 15 per cent.

§ 3 combustion (1) as far as the plants with burners are equipped, these may be operated only with gas public gas supply, liquefied petroleum gas, hydrogen, or fuel oil EL.
(2) the temperature must be at least 850 degrees C, calculated as ten minute average, after the last combustion air supply.
(3) by suitable devices, it is to ensure that a coffin can not be retracted when the minimum temperature is too low according to § 3 para 2, or the continuously measured concentration of carbon monoxide or the display for the flue gas density indicates a failure of the proper operation. Already begun cremation is to finish.

§ 4 emission limits plants may only be erected and operated, that the emissions of carbon monoxide is a 1 hourly average values of 50 mg per cubic metre exhaust, 2. emissions of total dust and organic substances, formed as hourly average values and in accordance with the procedure laid down in Appendix 1, the following emission limit values of a) total dust 10 mg / m3, b) organic substances, stated as total carbon, 20 mg / m3, and 3. the emissions of the for dioxins referred to in Appendix 2 and furans , expressed as cumulative value and formed as an average over the respective sampling period, each in accordance with the procedure laid down in annex 2, the emission limit value of 0.1 ng/m3 is not exceed. 11121 § 5 discharge conditions of exhaust gases are gases via one or more chimneys in the free air flow so to infer, that the height of the outlet for the exhaust gases 1 towers above the highest edge of the roof ridge of the plant by at least 3 meters and 2. at least 10 meters above floor is.
For a roof pitch of less than 20 degrees, the amount of outlet on a fictitious roof ridge is to obtain, the amount of which is calculated on the basis of a roof pitch of 20 degrees.

§ 6 has display the operator of a facility to display it the competent authority no later than one month before the operation.

§ 7 continuous measurements of (1) the plants are equipped with measuring devices, the 1 measure the mass concentration of carbon monoxide in the exhaust gas, and 3. the minimum temperature is continuously according to § 3 para 2 the volume content of oxygen in the exhaust gas, 2., and register. The equipment may be operated only with this appropriate and functional measuring devices.
(2) the facilities are to equip to monitor the efficiency of dust down separator devices with measuring devices that continuously measure the density of the flue gas. The plants may allow 2(a) only with this appropriate and workable flue gas density meters, that reveals the constant compliance with the emission limit value for total dust according to § 4 No. 2, run.
(3) the operator has the proper installation of the measuring equipment for the continuous monitoring of carbon monoxide, oxygen, by one of the Supreme Land authorities or point announced the specific national law authority for the calibration to certify flue gas density and temperature to calibrate and check at the latest after one year on the functioning of the measuring equipment before use. The operator must not later than five years after the last calibration repeat calibration. The operator has the certificate of the proper installation, the reports on the result of the calibration and testing the functioning of the competent authority within three months after implementation to present.

§ 8 is evaluation and reports of continuous measurements (1) during operation of the system for the measurement of carbon monoxide for every successive hour the average to make.
(2) on the evaluation of the continuous measurements, the operator has to a measurement report to create or to leave and to submit within three months after the end of each calendar year of the competent authority. The operator must keep the records of five years.
(3) the limit value for carbon monoxide is respected, if not hourly average values after § 7 para 1 No. 2 in conjunction with paragraph 1 exceeds the limit according to § 4 No. 1.

§ The compliance with the requirements for total dust, according to § 4 no earlier than three months and place no later than six months after the commissioning of one according to § 29 given known b paragraph 2 in conjunction with § 26 of the Federal Immission Control Act pursuant to annex 1 and annex 2 to verify total carbon and dioxins and furans has 9 individual measurements of the operator of a facility built after the entry into force of this regulation. The operator must repeat the test pursuant to sentence 1 in every three years.

Section 10 is a measurement report to create and to submit to the competent authority within three months after completion of the measurement evaluation and reports of individual measurements (1) of the measurements in accordance with § 9. The measurement report must contain information on the measurement planning, the result, the measuring methods used and the operating conditions, which are for the assessment of the measurement results of importance. The operator must keep the reports for five years.
(2) the emission limit values are complied with, if not a result of a single measurement of hours mean respective emissions exceeds the limit according to § 4 No. 2 or the average over the sampling period according to § 4 No. 3.

§ 11 transitional legacy assets must at least comply with the requirements of this regulation after a period of three years after entry into force of this regulation.

§ 12 approval of exemptions (1) the competent authority may request the operator allow exceptions to this regulation, provided that, taking into account the special circumstances of the case 1 individual requirements of regulation do not or only with disproportionately high expenditure are satisfiable, 2 not to fear adverse environmental impacts are and 3. Moreover the emission mitigation measures corresponding to the State of the art applied.
(2) an exemption from section 5 in particular considering occurs when issues of architectural preservation are touched.
(3) the competent authority may grant the exception conditions, connect requirements or limited.

Article 13 additional requirements the authority of the competent authority, to meet others or further arrangements, on the basis of the Federal Immission Control Act remain unaffected.

§ 14 is offences any person in the sense of § 62 para 1 No. 7 of the Federal Immission Control Act, who intentionally or negligently a plant constructed 1 violates article 4 or runs, an exhaust or not in the prescribed manner derived 2. contrary to paragraph 5 sentence 1, an ad reimbursed 3. contrary to § 6 do not, not properly or in a timely manner, 4. contrary to article 7, paragraph 1 or paragraph 2 operates a plant , 5. contrary to article 7, paragraph 3, sentence 1 or 2 a measuring device can calibrate not or not timely or not or not timely review or not or not timely to repeat the calibration or 6 contrary to § 9 sentence 1 or 2 compliance not, not properly, check in the prescribed manner or in a timely manner can be or not, checking incorrectly , repeat not in the prescribed manner or in a timely manner can be.
Annex 1 determination of the mass concentration of total dust and and total carbon according to § 4 No. 2 site of the original text: Federal Law Gazette I, 1997, 547 1.
For the determination of the mass concentration of total dust and total carbon according to § 4 No. 2 is the sampling time of one hour; the sampling done by the beginning of a cremation.
2. are samples during five consecutive cremation operations to draw.
3. breaks between two cremations are not considered.
4. measurement of organic substances, stated as total carbon, according to the FID method. The calibration of the device is made with propane or butane. There are appropriate instruments to use that have an announcement for measuring tasks after the 17th BImSchV.

Appendix 2 determination of the mass concentration of dioxins and furans according to § 4 No. 3 site of the original text: Federal Law Gazette I, 1997, 547 1.
For the determination of the mass concentration of dioxins and furans according to § 4 No. 3 is the sampling period at least six hours.
2. the sampling done by the beginning of a cremation.
3. breaks between two cremations are not considered.
4. for the for dioxins referred to in this annex and furans, exhaust should be the limit of detection of the used method of analysis not about 0.005 ng/m3.
5. for the checksum value to according to § 4 No. 3, the concentrations measured in the exhaust the following dioxins and furans with the specified equivalence factors are to multiply and to sum up.
 
 
Equivalency factor 2,3,7,8 - Tetrachlordibenzodioxin (TCDD) 1 1,2,3,7,8 - Pentachlordibenzodioxin (PeCDD) 0.5 1,2,3,4,7,8 - Hexachlordibenzodioxin (HxCDD) 0.1 1,2,3,7,8,9 - Hexachlordibenzodioxin (HxCDD) 0.1 1,2,3,6,7,8 - Hexachlordibenzodioxin (HxCDD) 0.1 1,2,3,4,6,7,8 - Heptachlordibenzodioxin (HpCDD) 0.01 Octachlordibenzodioxin (OCDD) 0.001 2,3,7,8 - Tetrachlordibenzofuran (TCDF) 0.1 2,3,4,7,8 - Pentachlordibenzofuran (PeCDF) 0.5 1,2,3,7,8 - Pentachlordibenzofuran (PeCDF) 0.05 1,2,3,4,7,8 - Hexachlordibenzofuran (HxCDF) 0.1 1,2,3,7,8,9 - Hexachlordibenzofuran (HxCDF) 0.1 1,2,3,6,7,8 - Hexachlordibenzofuran (HxCDF) 0.1 2,3,4,6,7,8 - Hexachlordibenzofuran (HxCDF) 0.1 1,2,3,4,6,7,8 - Heptachlordibenzofuran (HpCDF) 0.01 1,2,3,4,7,8,9 - Heptachlordibenzofuran (HpCDF) 0.01 Octachlordibenzofuran (OCDF) 0.001