Ordinance on large combustion, gas turbine and combustion engine systems

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Basic data
Title: Thirteenth ordinance for the implementation of the Federal Immission Control Act
Short title: Ordinance on large combustion, gas turbine and combustion engine systems
Previous title: Ordinance on large combustion systems,
Ordinance on large combustion and gas turbine systems
Abbreviation: 13th BImSchV
Type: Federal Ordinance
Scope: Federal Republic of Germany
Issued on the basis of: div. §§ BImSchG
Legal matter: Environmental law
References : 2129-8-13-2
Original version from: June 22, 1983
( BGBl. I p. 719 )
Entry into force on: July 1, 1983
Last revision from: May 2, 2013
( Federal Law Gazette I p. 1021, 1023 ,
ber. P. 3754 )
Entry into force of the
new version on: 		May 2, 2013
Last change by: Art. 108 VO of June 19, 2020
( Federal Law Gazette I p. 1328, 1341 )
Effective date of the
last change: 		June 27, 2020
(Art. 361 of June 19, 2020)
Please note the note on the applicable legal version.

The ordinance on large combustion, gas turbine and combustion engine systems (13th BImSchV) defines limit values ​​for the emission of pollutants from large combustion systems with a thermal output of 50 MW or more. This includes many electricity companies .

The 13th BImSchV is used to implement several relevant EU directives , including RL 2001/80 / EC of October 23, 2001 , into national law. The regulation affects all coal, gas or oil-powered thermal power plants in the field of electricity generation . It also applies to combined heat and power plants , gas turbines and combustion engine systems.

content

The 13th BImSchV consists of five sections and four annexes with values ​​for the technical implementation:

  • Section 1 contains "General Provisions" on the scope, definitions and aggregation rules,
  • Section 2 is the core of the regulation and applies to the combustion of solid, liquid and gaseous fuels and contains emission limit values, in particular for dust, heavy metals, carbon monoxide, nitrogen oxides and sulfur oxides,
  • Section 3 deals with the "measurement and monitoring" of emissions,
  • Section 4 defines the "admission of exceptions" and "further requirements",
  • Section 5 contains “final provisions”, including on “administrative offenses”.

prehistory

The legislative process for the 13th BImSchV was initiated under the social-liberal coalition (1969–1982), but it did not come into force on July 1, 1983 under Federal Chancellor Helmut Kohl until after the reunification in Bonn . The Stuttgart District President Manfred Bulling had previously caused a stir nationwide when he issued an administrative order in early 1983 according to which coal-fired power plants in his area of ​​responsibility had to reduce the emission of sulfur dioxide to 400 milligrams per cubic meter of exhaust air. The Baden-Württemberg energy industry complied with Bulling's verdict.

The special regulation that most lignite power plants were allowed to emit 650 instead of 400 mg SO 2 / m³ was called "Lex RWE " after the beneficiary .

Emission limit values

The following table gives examples of dust emission limit values ​​of the 13th BImSchV. The first column lists the limit values ​​of the 13th BImSchV from 2004, which was last changed in August 2012. The second column shows the limit values ​​of the EU Industrial Emissions Directive , which will apply across Europe from January 7, 2013. Column three lists the limit values ​​of the regulation implementing the EU industrial emissions directive in Germany, which was passed by the Bundestag on February 21, 2013. Finally, the emission levels are listed that can be achieved in normal operation using the best available techniques (BAT) . These operating values associated with BAT are specified in the European Commission's information sheet for large new and old plants with pulverized hard coal combustion. The BAT findings are based on data from advanced power plants collected in 2001 and 2002.

The European Commission has been organizing a new collection of data on updated best available techniques (BAT) in power plants since October 2011 and is expected to publish new BAT conclusions in 2015 . The emission values ​​specified therein, which can be achieved with BAT in existing plants, must be complied with in plants that have already been constructed at the latest four years after the publication of the BAT conclusions in accordance with the European Industrial Emissions Directive.

The new limit values ​​in Germany sometimes go beyond the EU minimum requirements because Germany has failed to meet the EU targets for nitrogen oxides in accordance with the NEC Directive since 2010 and the EU air limit values ​​for health protection against fine dust and nitrogen dioxide have been clear in numerous places for years be crossed, be exceeded, be passed. For example, the requirements of the new 13th BImSchV for newly planned small and medium-sized power plants (50-100 MW) and for large biomass power plants (> 300 MW) go beyond the minimum requirements of the EU directive.

The limit values ​​of the currently amended 13th BImSchV (2013) must be observed immediately for newly applied systems. For existing plants, the limit values ​​apply from January 1, 2016. However, longer implementation periods have been set for several pollutants (see footnotes).

Existing systems: Previously valid dust emission limit values ​​of the 13th BImSchV (2004/2012), EU minimum requirements of the EU industrial emissions directive (2010), new 13th BImSchV (2013) and comparison with the operational values achievable with BAT (2006).
Thermal power, fuel Previous limit value 13. BImSchV (2004/2012) daily mean Minimum limit value EU-IED (from 2016) daily average New limit value 13th BImSchV (from 2016) daily mean Emission values ​​with BAT (2006) in daily mean ***
50-100 MW biomass, oil, coal 20 mg / Nm 3 * 30 mg / Nm 3 20 mg / Nm 3 5-30 mg / Nm 3
100-300 MW oil, coal 20 mg / Nm 3 25 mg / Nm 3 20 mg / Nm 3 5-25 mg / Nm 3
> 100 MW biomass 20 mg / Nm 3 20 mg / Nm 3 20 mg / Nm 3 ** 5-20 mg / Nm 3
> 300 MW oil, coal 20 mg / Nm 3 20 mg / Nm 3 20 mg / Nm 3 ** 5-20 mg / Nm 3
* Transitional regulation for older, small, coal-fired plants (50–100 MW) until December 31, 2012: 30 mg / Nm 3
** For all existing large systems (> 300 MW) from January 1, 2019 additionally: 10 mg / Nm 3 as an annual mean
*** Database of the BVT bulletin : 2001–2002, revision from 2011

For existing smaller power plants (50–100 MW) as well as for oil and coal-fired medium-sized power plants (100–300 MW), it was stipulated that the previously applicable limit values, which already exceeded the EU minimum requirements, should be retained. For medium and large biomass power plants (> 100 MW) as well as for large oil and coal power plants (> 300 MW), the previous limit values, which correspond to the EU minimum requirements 1: 1, will also be retained. For large power plants (> 300 MW), a new annual emission limit value for dust will be introduced, which will result in a reduction in emissions compared to the current situation. In the case of existing plants as well as new plants approved until April 2013, the new annual limit value does not have to be complied with until January 1, 2019.

If an operator of an existing system declares to the competent authority in writing by January 1, 2014 that he will shut down this system by December 31, 2023 and operate it for a maximum of 17,500 hours from January 1, 2016, only the minimum requirements of the EU Directive 2001/80 / EC as amended in 2006.

New systems: Previously valid dust emission limit values ​​of the 13th BImSchV (2004/2012), EU minimum requirements of the EU industrial emissions directive (2010), new 13th BImSchV (2013) and emission values ​​achievable with BAT (2006)
Thermal power, fuel Previous limit value 13. BImSchV (2004/2012) daily mean Minimum limit value EU-IED (from 2013) daily average New limit value 13th BImSchV (from 2013) daily mean Emission values ​​with BAT (2006) in daily mean **
50-100 MW biomass, oil, coal 20 mg / Nm 3 20 mg / Nm 3 10 mg / Nm 3 5-20 mg / Nm 3
100–300 MW biomass, oil, coal 20 mg / Nm 3 20 mg / Nm 3 10 mg / Nm 3 5-20 mg / Nm 3
> 300 MW biomass 20 mg / Nm 3 20 mg / Nm 3 10 mg / Nm 3 5-20 mg / Nm 3
> 300 MW oil, coal 20 mg / Nm 3 10 mg / Nm 3 10 mg / Nm 3 5–10 mg / Nm 3 *
* For new circulating fluidized bed combustion with coal: 5–20 mg / Nm 3
** Database of the BVT bulletin : 2001–2002, revision from 2011

literature

  • Heidi Fichter: “Environmental Policy and Economic Interests. An examination of the decision-making processes for the Large Combustion Plant Ordinance (GFAVO) ” , FFU reports 88-1, Berlin 1988.

Text of the regulation

Web links

Individual evidence

  1. ↑ see 13. BImSchV § 1 paragraph 1
  2. ^ An example for Bonn , in: Die Zeit of February 18, 1983
  3. ↑ Lutz Mez / Rainer Osnowski: RWE - A giant with charisma. Cologne (Kiepenheuer & Witsch), 1st edition 1984, pp. 138ff .; Outrage with sulfur , Der Spiegel, May 2, 1983; see also A few back doors , Der Spiegel, November 19, 1984; BVerfG (preliminary examination committee) of September 14, 1983, 1 BvR 920/83, NJW 1983, 2931.
  4. ↑ a b c d New drafts and BVT leaflet 'Large Combustion Plants' ( Memento of July 15, 2012 in the Internet Archive ), Joint Research Center , European Commission, Seville
  5. ↑ BVT leaflet "Large combustion systems" (2006, partial translation) ( Memento of July 17, 2013 in the Internet Archive ), Federal Environment Agency , Dessau
  6. ↑ Current information on the exchange of information ( Memento of the original from July 30, 2012 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. on Best Available Techniques , Joint Research Center , European Commission , Seville @1@ 2Template: Webachiv / IABot / eippcb.jrc.es
  7. ↑ Emissions report 1990-2010 , European Environment Agency , 2012
  8. ↑ Development of air quality in Germany , Federal Environment Agency , Dessau, 2009
  9. ↑ a b Ordinance to implement the directive on industrial emissions, to amend the ordinance to limit emissions of volatile organic compounds when transferring or store petrol, fuel mixtures or raw gasoline and to amend the ordinance to limit hydrocarbon emissions when refueling vehicles ( BGBl. I P. 1021 ) (PDF; 710 kB)