Implementation of the Industrial Emissions Directive

A) Legal basis

Directive 2010/75/EU of the European Parliament and of the Council of November 24, 2010 on industrial emissions (integrated pollution prevention and control) - IE Directive
Act on the Implementation of the Industrial Emissions Directive of 08.04.2013
Federal Immission Control Act (BImSchG), in particular Section 10 (8a) BImSchG (public announcement of approval notices) and Section 52a BImSchG (plant monitoring)

B) Monitoring program

In accordance with § 52a BImSchG, the monitoring program is intended to ensure a planned and comprehensible monitoring of the plants within the area of responsibility of the Bad Tölz-Wolfratshausen District Office. The monitoring program only lists the plants in the area of responsibility of the Bad Tölz-Wolfratshausen District Office in accordance with the Industrial Emissions Directive (IE-RL, marked "E" in column d of Annex 1 of the 4th BImSchV), including the water management-related monitoring of discharges in accordance with the Industrial Sewage Treatment Plant Approval and Monitoring Ordinance (IZÜV). These plants are listed here. The monitoring program was developed from the monitoring plan of the government of Upper Bavaria. This monitoring plan is available on the Internet at https://www.regierung.oberbayern.bayern.de/service/themen_umwelt/ueberwachungsdateien/index.html#ueplan-e-anlagen

can be viewed here. The electrical installations in the district of Bad Tölz-Wolfratshausen for which other monitoring authorities are responsible can be found here.

1. responsibility and scope of application

The Bad Tölz-Wolfratshausen District Office is the competent supervisory authority in accordance with Art. 1 Para. 1 BayImSchG for all installations requiring approval in the district of Bad Tölz-Wolfratshausen in accordance with the Federal Immission Control Act (BImSchG) with the exception of

Public supply installations for the generation of electricity, steam, hot water, process heat or heated waste gas through the use of fuels in a combustion facility, with the exception of installations for the use of biogas and untreated wood with a rated thermal input of less than 10 MW, and for public supply electrical substations with an overvoltage of 220 kilovolts or more, including switch panels,
Public waste management facilities for the thermal treatment of waste for disposal and public waste management facilities for the storage or treatment of hazardous waste for disposal, and
rendering plants and collection centers
Installations subject to the supervision of the mining authority.

2. evaluation scheme for routine monitoring

The assessment scheme for the routine monitoring of electrical installations can be found here. § Section 52a BImSchG provides for risk-based system monitoring for electrical installations. The basis for this is Article 23 of the IE Directive. The period between two on-site inspections is based on a systematic assessment of the environmental risks associated with the installation and may not exceed one year for installations of the highest risk level and three years for installations of the lowest risk level. This assessment scheme is used for every installation within the scope of the monitoring program.

The assessment scheme is divided into blocks A, B and C. First, in block A, the installation criteria are assessed on the basis of formal criteria, which are also to be applied analogously to the installations covered by the scope of the 13th/17th BImSchV. A total of 34 points can then be awarded. From 18 points, the installation is assigned to a 1-year cycle as an interim result and below 18 points to a 3-year cycle. The interim result determined in A is then adjusted in block B using the operator criteria. For example, participation in EMAS can lead to the installation being monitored in the final result (C) in a 2-year cycle (risk level 2).

If it is established during routine monitoring that the operator of an installation is in serious breach of the permit, an additional on-site inspection (non-routine monitoring) must be carried out within 6 months of the breach being established.

3. non-routine monitoring

Non-routine monitoring should be carried out according to the specific situation. In particular, "non-routine" monitoring may be required in the following cases:

Re-approval of an installation (in connection with acceptance)
modification approval carried out (in connection with acceptance)
Notification according to § 15 BImSchG
Non-compliance with regulations and approval requirements
Special incidents such as environmentally relevant disruptions, malfunctions, incidents
to determine proper operation after rectifying faults
Complaints

The following measures can be considered:

Immediate examination of reports and documents
On-site visits
Examination and, if necessary, initiation of remedial measures
Informing other authorities concerned

4. provisions for cooperation between different supervisory authorities

The Bad Tölz-Wolfratshausen District Office determines the date of the on-site inspection in accordance with the requirements of the monitoring program and invites all relevant specialist agencies to attend. The on-site inspection by the Weilheim Water Management Office to monitor the discharge according to IZÜV can be carried out at the same time or as close as possible to the monitoring according to §§ 52 and 52a BImSchG.

5. monitoring report

The form listed here must be completed for each routine and non-routine monitoring in accordance with Section 52a (3) to (5) BImSchG. The monitoring report must be sent to the operator within two months of the on-site inspection by the monitoring authority. It must also be made available to the public in accordance with the regulations on access to environmental information within four months of the on-site inspection. The relevant documents are published on the Internet in read-only form. The monitoring reports for the area of responsibility of the Bad Tölz-Wolfratshausen District Office can be found here.

6. period of validity

This monitoring program is valid indefinitely. The following cases in particular may lead to a revision of the monitoring program:

New approval of an installation
modification approval carried out
Notification according to § 15 BImSchG
Changes to the environmental management system
New legal situation
New findings from the monitoring carried out
Special incidents such as environmentally relevant disturbances