Experts for the audit of solvent balances according to the Solvent Ordinance (31. BImSchV)
The revised Solvent Ordinance (31st BImSchV) of January 10, 2024, introduced a mandatory review of solvent balances by experts or approved testing bodies.
1. For new plants and significantly modified plants, the review must be carried out for the first time twelve months after commissioning and every third calendar year thereafter; and 2. For existing plants, the review must be carried out for the first time three years after January 16, 2024, and every third calendar year thereafter. Our experts are happy to assist you with the review of solvent balances.
Therefore, if a facility is neither a new facility nor a significantly modified facility, the first inspection is not required until 2027. The subject of the inspection would then apparently be the 2026 solvent balance for the first time. According to Section 6 (5) of the 31st Federal Immission Control Ordinance (BImSchV), the expert must determine the accuracy of the solvent balances. According to Annex V of the Solvent Ordinance, the inspection report must contain, in addition to the solvent balance, the results of a detailed plausibility check and a review of the underlying documentation, as well as a final assessment of compliance with the requirements of Annex V.
The requirements that the expert should review are also further detailed in the new LAI interpretation questionnaire in Annex I.
Furthermore, the Working Group of Experts for the Review of Solvent Balances is working on its own guidelines. In this context, we would like to draw your attention to new requirements for preparing solvent balances due to the addition of No. 3, "Minimizing the Uncertainty of Solvent Balance Data," in Annex V:
"The characterization and quantification of the relevant solvent inputs and outputs must be carried out by suitable personnel with sufficient expertise to prepare a solvent balance. The solvent balance must be prepared in such a way that the following quality requirements are met:
a. the methods for determining the relevant input and output variables are described,
b. the derivation of the conversion factors used is documented and their applicability for the relevant purposes is demonstrated,
c. the quantitative information on the relevant material flows also includes estimates of the associated uncertainty.
After analyzing the inaccuracies of the methodology used, it should be assessed whether a reliable assessment of compliance with the emission requirements is possible, taking into account the inaccuracies contained in the solvent balance. Otherwise, further information must be obtained to improve the level of accuracy, for example by...
A two-stage process is therefore being introduced. In the first step, certain personnel and quality requirements must be met, and the uncertainty of the determined quantities must be determined. If the solvent balance, plus the uncertainties, still shows compliance with the emission requirements, the process is complete. Otherwise, improvements are required to reduce the uncertainties. The expert must, in particular, verify compliance with Annex V with regard to the solvent balance. Therefore, in our view, it is essential to address the new requirements well before 2027 (or the preparation of the solvent balance in 2026). Please feel free to contact us about this as well.
The requirements that the expert should review are also included in Appendix I of the new LAI interpretation questionnaire.
Furthermore, the working group of experts for the review of solvent balances is working on its own guideline, which, however, is not yet available. Since the 31st BImSchV came into force, the BfU AG has supported numerous companies from a wide variety of sectors in implementing the Solvent Ordinance, always with the goal of finding an economically viable and legally compliant operational solution. In doing so, we always first examine whether the scope of application of the ordinance is actually open and whether, in this case, exhaust air treatment is actually required. We also support our clients in communicating with authorities, in permitting procedures (environmental permitting procedures/approval procedures), in legal changes (CertLex), and in the annual preparation of solvent balances.
