Immission control; information on the inspection and monitoring of installations

Plant monitoring

Irrespective of the obligation of an installation operator to self-monitor, the construction and operation of installations are subject to monitoring by the competent authorities (Sections 52 to 52b BImSchG). To this end, the representatives and agents of the monitoring authorities have the right to enter the installations, carry out inspections and provide information.

The intensity of monitoring by the authorities depends on the potential environmental risk posed by the installation in question. Installations that can have a particularly harmful impact on the environment are covered by the European Industrial Emissions Directive (IE Directive) and are monitored particularly closely in accordance with Section 52a (3) BImSchG (so-called IE installations).

The companies themselves may have to appoint immission control and/or incident officers (Sections 53 to 58d BImSchG). Further details are regulated by the Ordinance on Immission Control and Major Accidents Officers (5th BImSchV).

Safety inspections and inspections of safety documentation can be ordered in accordance with § 29a BImSchG.

Violations of the applicable provisions can be administrative offenses (§ 62 BImSchG) or criminal offenses (§§ 324 - 330d StGB).

Metrological inspections

These inspections must be carried out by measuring stations that are notified in accordance with Section 29b BImSchG. The special requirements for measuring stations and the notification procedure are contained in the Notification Ordinance (41st BImSchV). In Bavaria, the State Office for the Environment carries out these announcements and also provides a list of them on the Internet.

Monitoring program of the district-free city of Erlangen for the area of immission control

Directive 2010/75/EU on industrial emissions (IE Directive) came into force at the beginning of 2011. The IE Directive has now been transposed into national law with the Act on the Implementation of the Industrial Emissions Directive of 8 April 2013 and two article ordinances of 2 May 2013, including amendments to the Federal Immission Control Act (BImSchG).

In accordance with Section 52a BImSchG, the monitoring program is intended to ensure the scheduled and comprehensible monitoring of installations within the area of responsibility of the City of Erlangen. The monitoring program only lists the plants in the area of responsibility of the City of Erlangen in accordance with the Industrial Emissions Directive (IE-RL, marked "E" in Annex 1 of the 4th BImSchV, column d), 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 in Annex 1. The monitoring program was developed from the monitoring plan of the government of Middle Franconia. This monitoring plan can be viewed on the website of the Government of Middle Franconia. The electrical installations in the city of Erlangen for which other monitoring authorities are responsible can be found in Appendix 4.

1 Responsibility and scope of application

Pursuant to Art. 4 Para. 1 BayImSchG, the city of Erlangen is the competent monitoring authority for all installations subject to
Federal Immission Control Act (BImSchG) with the exception of

• Public supply plants 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 electrical substations for public supply with an overvoltage of
• of 220 kilovolts or more, including the switch panels,
• public waste disposal facilities for the thermal treatment of waste and for the storage or treatment of hazardous waste for disposal
• treatment of hazardous waste for disposal, rendering plants and collection points,
• facilities subject to the supervision of the mining authority and
• other facilities for which the State Office for the Environment is responsible in accordance with Section 1.4 of the monitoring plan
• in the city of Erlangen.

2. assessment scheme for routine monitoring

The assessment scheme for the routine monitoring of electrical installations is described in detail and without barriers in Annex 2. § Section 52a BImSchG provides for risk-based system monitoring for electrical installations. The basis for this is Article 23 of the IED. 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. The assessment scheme shown in Annex 2 is used for each installation within the scope of the monitoring program.
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 and 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 mean that
the facility must be monitored in the final result (C) every 2 years (risk level 2).

If routine monitoring reveals that the operator of a facility 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 identified.

3 Non-routine monitoring

Non-routine monitoring must be carried out depending on the situation.

In particular, "non-routine" monitoring may be required in the following cases:

• New 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 malfunctions, incidents, incidents
• to determine proper operation following the rectification of faults
• complaints

The following measures can be considered

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

4. provisions for cooperation between different monitoring authorities

The City of Erlangen sets the date of the on-site inspection in accordance with the requirements of the monitoring program and invites all relevant authorities to attend. The on-site inspection by the Nuremberg Water Management Office to monitor the discharge in accordance with the IZÜV can be carried out at the same time or as close as possible to the monitoring in accordance with Sections 52 and 52a BImSchG.

5. monitoring report

The monitoring report must be prepared by the competent monitoring authority. The form listed in Annex 3 must be completed for each routine and non-routine monitoring in accordance with Section 52a (3) to (5) BImSchG. The monitoring report must be submitted to the operator within two months of the on-site inspection by the monitoring authority.

6 Period of validity of the monitoring program

The defined monitoring program is valid indefinitely. The following cases in particular may lead to a change in the monitoring program:

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

7. publication of the monitoring report

The monitoring program for electrical installations must be published on the Internet. The monitoring report must be published on the Internet by the monitoring authority no later than four months after the monitoring has been carried out. The documents are published on the Internet in read-only form. Data protection in general and trade secrets in particular must be taken into account.

• Monitoring program at IE plants of the city of Erlangen