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44th BImSchV
This is the national implementation of Directive 2015/2139 of the “Medium Combustion Plant Directive” of the European Parliament. In addition to new emission values and shorter measurement intervals, the so-called 44th BImSchV also includes new obligations for verification, documentation and reporting. It is intended to replace the previously applicable regulations of the TA-Luft and the 1st BImSchV and provide uniform guidelines for combustion plants requiring and not requiring approval. The requirements are thus adapted to the advanced state of the art.
In this context, the ordinance makes a clear distinction between new installations and existing installations. Accordingly, all systems commissioned after 20.12.2018 are declared as new systems. Existing installations are combustion plants that were put into operation before 20.12.2018 or were approved in accordance with §4 or §16 of the BImSchG before 19.12.2017. This distinction is particularly important for the transitional regulations set out in the 44th BImSchV, as the emission requirements for existing installations will only apply from January 1, 2025.
The 44th BImSchV prescribes compliance with new limit values. In this context, the ordinance also distinguishes between new and existing installations. For operators of a new biogas plant and existing biogas plants, the following limit values apply under the ordinance: The limit value for NOx is reduced from 500 mg/m3 to 100 mg/m3. If or as soon as the system is equipped with an SCR catalytic converter, the ammonia limit value is 30 mg/m3. The CO limit value is standardized at 500 mg/m3 under the BImSchV and the limit value for formaldehyde is now 20 mg/m3.
The 44th Federal Immission Control Ordinance imposes new obligations on operators of new and existing installations. The 44th BImSchV stipulates that operators must register their combustion plants if they have individual units with a rated thermal input of up to one megawatt. While operators of existing systems do not have to comply with any specific obligation when registering their system, it only has to be registered before commissioning, operators of new systems are obliged to register immediately.
Furthermore, the 44th BImSchV contains a recording and retention obligation. No distinction is made here between existing and new installations. All operators are obliged to document the operating hours, the type and quantity of fuel used, malfunctions or failures of the flue gas cleaning system and the measures taken to rectify the malfunctions as soon as the ordinance comes into force. The resulting data as well as the permit and measurement reports on individual measurements must be stored for one year after the plant is decommissioned.
According to the 44th BImSchV, continuous monitoring is required for the waste gas purification system. This also applies to all operators, who must now monitor and provide evidence of the continuous and effective operation of the exhaust gas purification system. In the event of malfunctions or breakdowns of the equipment, the operators are obliged to restore proper operation. If this is not achieved for more than 24 hours, the system must be taken out of operation and the responsible authorities informed.
The new regulation also obliges operators of petrol/gas engines to monitor NOx emissions and calculate a daily average value.