Immission control; transmission of emission measurement reports

According to the Federal Immission Control Act (BImSchG), plant operators are obliged to have certain emissions determined for monitoring purposes by means of discontinuous measurements (individual measurements) or continuous measurements. A measurement report must be drawn up on the results of the measurements and submitted to the responsible authority.

This applies, among other things, to

• Installations in accordance with the approval notice
• Large combustion plants, gas turbine and internal combustion engine plants
• Installations for the incineration and co-incineration of waste
• Installations for cremation
• Installations for the biological treatment of waste
• Installations using organic solvents in installations subject to the 31st BImSchV
• Medium-sized combustion plants, gas turbine or internal combustion engine plants

The competent authority for plant monitoring is regulated by the Bavarian Immission Control Act. Responsibility lies with the district administrative authorities (district administration offices and independent cities) or with the relevant government, the mining authority or the State Office for the Environment. You can find out which authority is responsible for an installation using the "ReSyMeSa" research system for measuring points and experts (see "Further links").

You operate one of the above-mentioned installations with a corresponding measurement obligation and have commissioned the installation or made significant or emission-relevant changes to it.

The administrative service is a real act against which no legal remedy is possible.

Individual measurements

• You contact an accredited measuring institute or an expert, provide the necessary information for the measurement and arrange a measurement date. You can find out which measuring institute is accredited for the required measurement in the ReSyMeSa online tool.
• The measuring institute or expert prepares the measurement plan for you and notifies the relevant immission control authority together with the measurement date.
• On the measurement date, the measuring institute or expert determines the emission values on your premises and compares them with the legally prescribed emission values for your plant.
• Once the measurements have been completed, you will receive a measurement report from the measuring institute or expert. The content of the measurement report must comply with Annex A of Guideline VDI 4220 Sheet 2 (2018 edition).
• You check the measurement report and send it together with the measurement planning, the results of the measurements, the measurement method used and the operating conditions during the measurement to the immission control authority responsible for you.
• You will then receive confirmation from the authority that your measurement report has been received.

If you wish to have the individual measurements carried out for a combustion plant that does not require a permit and has a rated thermal input of less than 10 megawatts within the scope of the 44th BImSchV:

• You can also have the measurements carried out by a chimney sweep instead of a measuring institute or an expert.
• The remaining steps correspond to the procedure described above.

Continuous measurements

You can submit your measurement report in accordance with the requirements of the competent authority. You submit the report as follows:

• For continuous measurements, contact your competent immission control authority. They will provide you with details on the type and scope of the necessary investigations.
• You evaluate the continuous measurements of the respective calendar year.
• You prepare a measurement report on the results.
• You can commission an accredited measuring institute or an expert to evaluate the continuous measurements or prepare the measurement report.

The deadline for submitting the measurement report is specified in the relevant approval notice or in the legal requirements (see "Legal basis").

Individual measurements

• Large combustion plants, gas turbine and internal combustion engine plants: If you have newly commissioned or significantly modified your plant, you must have the measurements carried out for the first time after 3 months at the earliest and after 6 months at the latest. Subsequently, the measurements must be carried out at least every 3 years after the last measurement. The measurement report must be submitted to the responsible immission control authority within 12 weeks of the measurement together with all documents.
• Installations for the incineration and co-incineration of waste: The measurement report must be submitted to the competent authority 8 weeks after the measurements together with all documentation. If your plant has been newly constructed or significantly modified, you must have the measurements carried out every 2 months in the first year after commissioning and then regularly every 6 months thereafter.
• Cremation facilities: You must submit the measurement report to the competent authority within 3 months of carrying out the measurement together with all documents and then keep it for 5 years. You must have the first measurement carried out within 3 to 6 months of commissioning the system. Subsequently, the measurement must be carried out every 3 years.
• Plants for the biological treatment of waste: If your waste treatment plant is newly constructed or has been significantly modified, you must carry out the measurements every 2 months on at least one day in the first year after commissioning. From the second year after commissioning, you must carry out the measurements once every 12 months on at least 3 days.
• Systems using organic solvents: If you have newly installed or significantly modified your system, you must have the first measurement carried out within 3 to 6 months of commissioning. Subsequently, the measurement must be carried out every 3 years. A report on the results of the measurements and the results of the solvent balance must be drawn up immediately in accordance with Section 5 (8) of the 31st BImSchV, kept on site for up to five years and submitted to the competent authority on request. In the case of an installation subject to licensing that is subject to the 31st BImSchV, the requirements of TA Luft No. 5.3 apply with regard to measurements and monitoring in accordance with § 6 Para. 1 of the 31st BImSchV, whereby at least the above-mentioned requirements for installations not subject to licensing apply. In addition, in the case of installations requiring a permit, the measurement report must be submitted to your local immission control authority no later than 12 weeks after completion of the measurements.
• Medium-sized combustion plants, gas turbine or internal combustion engine plantsYou must have the measurements carried out within 4 months of commissioning the plant or any other emission-relevant change. You must submit the measurement report or certificate to the competent authority without delay.

Continuous measurements

• The operator should prepare evaluations of the results of the continuous measurements for a calendar year and submit them to the competent authority within three months of the end of each calendar year.
• As a rule, the operator must keep the measurement results, including the recording of the measuring devices, for at least 5 years.

Costs of between EUR 50 and EUR 1,000 may be incurred (see tariff no. 8.II.0/1.19 of the Annex to the Ordinance on the Enactment of the Schedule of Costs under the Costs Act).

If you do not have the measurements carried out, do not have them carried out in the prescribed manner or do not have them carried out in good time, you are committing an administrative offense that can be punished with a fine.