Technical instructions for keeping the air clean

from Wikipedia, the free encyclopedia
Basic data
Title: First general administrative regulation for the Federal Immission Control Act
Short title: Technical instructions for
keeping the air clean
Previous title: General administrative regulations
on plants requiring approval
according to §16 of the trade regulations
Abbreviation: TA Luft
Type: General administrative regulation
Scope: Federal Republic of Germany
Issued on the basis of: Section 48 BImSchG
Legal matter: Environmental law
Original version from: September 8, 1964 ( GMBl. P. 433)
Entry into force on: September 28, 1964
Last revision from: July 24, 2002 (GMBl. P. 511)
Entry into force of the
new version on: 		October 1, 2002
Please note the note on the applicable legal version.

The technical instructions for keeping the air clean ( TA Luft) is the “first general administrative regulation for the Federal Immission Control Act ” of the German federal government , in this case specifically the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety . Unless laws or ordinances regulate anything in this regard, it determines for the licensing and monitoring authorities that have to implement the Federal Immission Control Act, nationwide, among other things, principles for the administrative procedure and for the determination and calculation of air pollutants that are relevant to the decision as well as assessment criteria for plants that are regulated according to the ordinance Systems requiring approval are subject to approval. The scope of the TA Luft thus extends to over 50,000 systems in Germany that require approval. It is aimed at the approval authorities, especially for industrial and commercial systems. The administrative regulation is understood in particular as a summary of scientific knowledge about the state of the art and is therefore to be demanded by the person responsible before the construction and operation of such a system as a condition or other ancillary provision of its approval. Old systems must achieve these standards within certain transition periods and, if necessary, reduce their pollutant emissions. TA Luft criteria are also to be used for the police assessment of harmful environmental influences of plants that do not require approval.

Since there is no corresponding administrative regulation in Austria, the TA Luft is usually used as an interpretation aid by experts, administrative authorities and courts.

Immission requirements

The immission requirements of the TA Luft serve to protect people and the environment from harmful environmental influences. The TA Luft stipulates that the system to be approved must not allow the pollutants ( immissions ) to exceed certain values. Immission requirements exist to protect human health, to protect against significant nuisances or significant disadvantages and to protect ecosystems and vegetation. Examples of immission values:

  • Particulate matter (PM10): 40 µg / m 3 (annual average), 50 µg / m 3 (24-hour average) (values ​​to protect human health)
  • Dust precipitation : 0.35 g / (m 2 d) (averaging period: one year; protection against considerable disadvantages and nuisances)
  • Sulfur dioxide : 20 µg / m 3 (in the year and from October 1 to March 31; protection of ecosystems and vegetation)
  • Nitrogen oxides (specified as nitrogen dioxide ): 30 µg / m 3 (per year; protection of ecosystems and vegetation)
  • Hydrogen fluoride and gaseous inorganic fluorine compounds (indicated as fluorine): 0.4 µg / m 3 (per year; protection against considerable disadvantages)

If immission values ​​are not specified in the TA Luft, if there are sufficient indications, an examination is necessary to determine whether harmful environmental effects can arise. It must be examined whether and to what extent the deposits in the vicinity of a facility can lead to harmful environmental impacts in the current or planned use (e.g. as a children's play area, residential area, park or leisure facility, industrial or commercial area as well as arable land or grassland) . The test applies to damage to humans, animals and plants as well as possible damage to food or animal feed. For arable soils and grassland, the TA Luft gives guidelines for deposition values ​​for arsenic, lead, cadmium, mercury and thallium.

The immission values ​​are important for the system approval if there is a possibility that the specified values ​​will be exceeded by a system. The pre-pollution in the corresponding area is taken into account.

Emission requirements

The TA Luft contains general emission requirements for certain air pollutants. They serve to prevent harmful environmental impacts and specify the state of the art, compliance with which is required in the Federal Immission Control Act. The general requirements apply to all plants to be approved unless specific regulations have been made for a type of plant.

Examples of emission values:

  • Total dust, including fine dust: 20 mg / m 3
  • Inorganic substances in dust form, e.g. B. Heavy metals: three substance classes, 0.05 mg / m 3 , 0.5 mg / m 3 or 1 mg / m 3
  • Gaseous inorganic substances, e.g. B. sulfur oxides, nitrogen oxides: 0.35 g / m 3
  • Organic substances: 50 mg / m 3 , lower values ​​for certain individual compounds
  • Carcinogenic, mutagenic or toxic to reproduction substances as well as poorly degradable, easily enrichable and highly toxic organic substances: three substance classes, 0.05 mg / m 3 , 0.5 mg / m 3 and 1 mg / m 3
  • Odor-intensive substances
  • Soil polluting substances

In addition to the general emission requirements, deviating, special requirements for certain types of systems are named:

  • Heat generation, mining, energy
  • Stone and earth, glass, ceramics, building materials
  • Steel, iron and other metals including processing
  • Chemical products, pharmaceuticals, mineral oil refining and processing
  • Surface treatment with organic substances (e.g. printing, painting)
  • Manufacture of plastic sheet materials and other processing of resins and plastics
  • Wood, pulp
  • Food, beverages and animal feed as well as agricultural products
  • Recycling and disposal of waste and other materials
  • Storage, loading and unloading of substances and preparations

After a transition period, the same requirements generally apply to old systems as to new systems. Exceptions are possible where retrofitting certain systems would be disproportionate.

history

The TA Luft came into force in 1964 on the basis of the Industrial Code (GewO) and has been updated several times since then. As “General administrative regulations on plants requiring approval according to Section 16 of the GewO” of September 8, 1964, it contained, in addition to specifications for limiting emissions, further technical and procedural provisions.

The first amendment took place a few months after the Federal Immission Control Act came into force in 1974. In the interest of uniform implementation, the administrative authorities were required to interpret the indefinite legal term state of the art contained in the act. In order to inform the responsible authorities about the current state of the art, the Federal Minister of the Interior was given the opportunity to name DIN standards and VDI guidelines that reflect this state of the art. Compared to the previous version, the number of system types or groups for which special requirements were applied has also increased from eleven to almost fifty. Furthermore, the possibility of using dispersion calculations is mentioned for the first time without giving instructions for their implementation.

The next amendment to the TA Luft took place in two steps: The parts “Scope of Application” and “General Regulations” were published in 1983, the parts “Limiting and determining emissions” and “Requirements for old systems” in 1986 in the joint ministerial gazette. In the TA Luft, which came into force on March 1, 1986, a concept for old systems was created for the first time, which as a rule had to be brought up to the state of the art within eight years. The 1986 amendment to the TA Luft led to greater emphasis on the principles of precaution and hazard prevention. It also made the AUSTAL 86 model available, which implemented the requirements of the appendix on the subject of dispersion calculation.

The TA Luft from 1986 was replaced by the current version in 2002. In addition to adapting the emissions and immission parts to the state of the art and expanding the scope to include systems that do not require approval, the TA Luft 2002 introduced a further developed method for the dispersion calculation for the immission forecast. Analogous to the TA Luft from 1986, the TA Luft from 2002 provides a dispersion model (AUSTAL 2000) that implements the requirements of the appendix on dispersion calculation.

The binding effect of the TA Luft for approval authorities could be lifted when the TA Luft committee of the Federal Environment Ministry determined that the state of the art had developed. The committee, which was made up of representatives from the state authorities, industry, science and environmental associations, then made recommendations to the approval authorities for setting limit values. The TA-Luft committee was dissolved in July 2014. Since then, the further development of the state of the art for individual types of systems has been taken into account through separate sectoral administrative regulations.

Stricter emission requirements are mainly documented in the information sheets on best available techniques (BAT information sheets, BAT conclusions ). These are issued by the European Commission . The European member states must ensure that the emission levels specified therein are achieved no later than four years after the publication of the BAT conclusions. However, this only affects some of the systems regulated in the TA Luft, namely those whose monitoring in the EU member states is regulated by the industrial emissions directive .

See also

literature

  • Hans D. Jarass: Federal Immission Control Act. Commentary taking into account the Federal Immission Control Ordinances, the TA Luft and the TA Lärm. 12th edition. Verlag CH Beck, 2017, ISBN 978-3-406-71751-2 .

Web links

Individual evidence

  1. ↑ a b c Norbert Suritsch: The amendment of the TA Luft. In: Technical Security . 6, No. 11/12, 2016, ISSN  2191-0073 , pp. 36-39.
  2. ↑ s. Point 1 Paragraph 5 of the TA Luft for assessment according to its principles according to § 22 BImSchG, i.e. before measures according to § 24 or § 25
  3. ↑ a b R. Bolwerk, H. Kruber, W. Terfort, R. Winters: The TA Luft 2002 - Handbook for approval procedures, monitoring and operation of plants in practice. Verlag W. Kohlhammer, Stuttgart 2004, ISBN 3-17-018485-7 .
  4. ↑ Hans Wiethaup: About the status of the air pollution control legislation in the Federal Republic of Germany. In: Dust - cleanliness. Air . 29, No. 9, 1969, pp. 350-353.
  5. ↑ a b c Hans-Ludwig Drei 30 sack, Friedrich Surendorf, Erich Weber: Technical instructions for keeping the air clean (first general administrative regulation for the Federal Immission Control Act). In: Dust - cleanliness. Air. 34, No. 12, 1974, ISSN  0949-8036 , pp. 431-433.
  6. ↑ K. Hansmann, OA Schmitt: TA Luft - Technical Instructions for Keeping the Air Clean - Comment. Verlag Reckinger & Co., Siegburg 1983, ISBN 3-7922-0075-9 .
  7. ^ Dietrich Liesegang: Legislative and technical status of air pollution control in the Federal Republic of Germany. In: Dust - cleanliness. Air. 47, No. 3/4, 1987, ISSN  0949-8036 , pp. 67-74.
  8. ↑ Helmut Kruber, Jürgen Tönnessen, Bernhard Wittenbrink: prior existing plants refurbishment after TA Luft 86 in North Rhine-Westphalia. In: Dust - cleanliness. Air. 49, No. 3, 1989, ISSN  0949-8036 , pp. 101-104.
  9. ↑ P. Davids, M. Lange: The TA Luft '86 - technical comment. VDI-Verlag, Düsseldorf 1986, ISBN 3-18-400731-6 .
  10. ↑ Federal Environment Agency on the use of the BVT leaflets for the TA Luft
  11. ↑ BMUB informs about the planned adjustment of the TA Luft on ihk.de , accessed on August 31, 2014.