Evaporative cooling systems, cooling towers and wet separators; displays and notifications

Evaporative cooling systems, cooling towers and wet separators within the scope of the Ordinance on the Implementation of the Federal Immission Control Act (Ordinance on Evaporative Cooling Systems, Cooling Towers and Wet Separators - 42nd BImSchV) must be reported to the responsible immission control authority. Operators of these systems must also fulfill additional requirements.

The 42nd Ordinance on the Implementation of the Federal Immission Control Act obliges operators of such systems to apply the state of the art during construction and operation, among other things. Systems within the scope of this ordinance must be designed, constructed and operated in such a way that contamination of the process water by microorganisms, in particular legionella, is avoided in accordance with the state of the art. According to the 42nd BImSchV, these systems must be reported to the responsible immission control authority. This can be done nationwide via the KaVKA register website(https://kavka.bund.de/). In Bavaria, a general decree stipulates that the notification must be made exclusively via this portal. In addition, the 42nd BImSchV contains test and action values for concentrations of legionella in process water.

Legionella are aerobic bacteria that are classified as potentially pathogenic to humans. They are widespread environmental germs that occur in small numbers in surface waters, for example. Inhaling water droplets containing legionella (aerosols) can lead to pneumonia, which can even result in life-threatening infections. Human infections occur worldwide either sporadically or as part of outbreaks. In recent years, there have also been Legionella outbreaks in Germany with fatalities, for example in Ulm in 2010 and Warstein in 2013. In addition to contaminated drinking water, evaporative cooling systems, cooling towers and wet separators can also be sources of legionella. Under certain conditions, these systems can release water droplets containing legionella into the outside air. The aim of legal regulations is to inhibit the growth of legionella and reduce the emission of aerosols containing legionella from these systems.

Among other things, the ordinance contains the following legally binding notification and reporting obligations for the operator:

• Obligation to inform the competent authorities if the action values are exceeded (§ 10 sentence 1)
• Obligation to notify a new installation (Section 13 (1))
• Obligation to notify an existing installation (Section 13 (2))
• Obligation to notify changes to the installation or the decommissioning of the installation (Section 13 (3))
• Obligation to notify a change of operator (Section 13 (4))
• Obligation to be inspected by an expert (Section 14 (1) in conjunction with (2) sentence 1)
• Obligation to notify the result to the authority (Section 14 (2) sentence 2)
• Submitting an application for exceptions, if these are required (§ 15).

The notification obligation in accordance with Section 13 of the 42nd BImSchV came into force on 19.07.2018. The operator of a new system must notify the competent authority no later than one month after the first filling with process water. Existing systems had to be notified to the competent authority by 19.08.2018 at the latest. In addition, Section 13 contains further deadlines for the notification of a change or decommissioning of a system as well as a change of operator.

According to Section 10, the operator must inform the competent authorities immediately in accordance with Annex 3 Part 1 and within a period of four weeks in accordance with Annex 3 Part 2 as soon as a laboratory test shows that the action values have been exceeded.

According to § 14 para. 2, the operator must notify the competent authority of the results of the inspections in accordance with § 14 para. 1 within four weeks of completion of the inspection.

• Informal application (with signature)

  This wizard helps you to create an informal letter if the responsible office does not provide an application form.

• 42nd Forty-second Ordinance on the Implementation of the Federal Immission Control Act (Ordinance on Evaporative Cooling Systems, Cooling Towers and Wet Separators - 42nd BImSchV)
• General ruling on the use of the electronic route in accordance with Section 17 of the Forty-Second Ordinance on the Implementation of the Federal Immission Control Act

  Announcement of the Bavarian State Ministry for the Environment and Consumer Protection dated July 10, 2018, Ref. 72b-U8721-2018/2-1

• LAI - Questions of interpretation on the implementation of the 42nd BImSchV
• Legionella - the most frequently asked questions

  FAQ catalog of the Bavarian State Office for Health and Food Safety (LGL) on legionella

• Legionella in evaporative cooling systems, cooling towers and wet separators

  Information from the Bavarian State Office for the Environment (LfU) on the 42nd BImSchV

• Process water in technical systems

  UBA information on process water in technical systems with recommendations for sampling and detection of Legionella in evaporative cooling systems, cooling towers and wet separators

• Project to support the implementation of the 42nd BImSchV in Bavaria

Notifications in accordance with Section 13 of the 42nd BImSchV and notifications in accordance with Section 10 of the 42nd BImSchV must be submitted online via the website of the "Cadastre for the registration of evaporative cooling systems 42nd BImSchV - KaVKA-42.BV".

Notifications in accordance with § 14 of the 42nd BImSchV can also be submitted via this page.

Applications for exemptions in accordance with Section 15 of the 42nd BImSchV can be submitted informally to the responsible district administrative authorities.

• Legionella analysis; indication that the technical action value has been reached