The operation of plants which are subject to the 42nd BImSchV is subject to high requirements with regard to plant operation and monitoring. The operator must take appropriate precautions to ensure the safe operation of wet separators, evaporative cooling systems and cooling towers.
In addition to various obligations (e.g. service water analyses by accredited testing laboratories, keeping an operating diary, preparation of a hazard assessment by a hygienically competent person, notification and reporting obligations), according to § 14 of the 42nd BImSchV the requirements in particular to have the proper operation of the plant checked by an expert every 5 years exist. In the sense of § 29b of the Federal Immission Control Act, the expert determines whether the plant operator has also adequately fulfilled his obligations resulting from the 42nd BImSchV during the reporting period.
Our experts according to § 1 No. 18 of the 42nd BImSchV have the proven expertise, reliability and independence to be able to verify the proper plant operation in the sense of § 14 of the 42nd BImSchV.
The inspection is divided into a document check and an order check of the plant and is recorded in a test report which is submitted to the plant operator and the authority. The test report can be entered in the web application "Cadastre evaporative cooling systems" KaVKA-42.BV and thus made accessible to the authority. The scope of the expert examination results from the ordinance itself. Among other things, the following is tested
With the Ordinance on Installations for Handling Substances Hazardous to Water (AwSV), a uniform federal ordinance on installations for handling substances hazardous to water was created, which is based on the contents of the Federal Water Act (WHG). The AwSV was published on 18.04.2017 and came into force on 01.08.2017, whereby the previous state-law ordinances on facilities for handling substances hazardous to water (VAwS) have since ceased to apply. With the introduction of the AwSV, the requirements from the state-specific ordinances were partly concretized, but also supplemented in terms of content, e.g. by regulating requirements for facilities in the agricultural sector.
In addition to the regulated classification of substances and mixtures into the various water hazard classes (WGK), the AwSV also includes the technical requirements for plants and the obligations of plant operators. Furthermore, the AwSV regulates the recognition of expert organizations and the certification of specialized companies. In principle, the AwSV is aimed in particular at companies that operate facilities for handling substances hazardous to water, such as facilities for storing, treating or filling substances hazardous to water. However, the AwSV does not only affect companies, but also private persons, e.g. operators of a heating oil consumption plant. Furthermore, the professional planning of a plant according to AwSV is an essential basis for the subsequent legally compliant operation.
Our recognized experts for plants handling substances hazardous to water are available to answer any questions you may have.
You can find more AwSV information here.
Especially high requirements, particularly in respect of the safety technology to be implemented, are placed on plant operators whose plants fall within the scope of the 12th Ordinance for implementation of the Federal Immission Control Act. We have authorized experts in accordance with section 29b of the Federal Immission Control Act for issues that arise here, required position statements and expert appraisals.
All experts have the certified specialist knowledge, reliability and independence to be able to carry out safety assessments of various plant types in accordance with the 4th Ordinance for implementation of the Federal Immission Control Act. These include chemicals plants, combustion plants, storage installations, waste grinding plants and ammonia refrigerating units.
Controls and inspections by independent experts are an essential part of plant monitoring in accordance with the Federal Immission Control Act/ Hazardous Incident Ordinance. This concerns not only the actual installations, but also the preparation of safety-relevant documents.
Licensing procedures frequently require a relatively long period before a start can be made on constructing and operating the installation in question. Licensability may not be possible at the designated site or technical re-planning may be needed.
The involvement of an accredited expert in licensing procedures in the environmental domain pursuant to section 36 of the Gewerbeordnung (German Trade Code - GewO) can be a key element in accelerating a licensing procedure. The expert undertakes the following tasks, in particular:
In addition, some state authorities (NRW) can grant fee reductions of up to 30% in licensing procedures under immission control legislation, which means that, depending on project volume, consultancy costs can very quickly be offset.
Some installations requiring licensing under the Federal Immission Control Act are also subject to European greenhouse gas emissions trading. These installations must provide annual reports in respect of their greenhouse gas emissions and return corresponding quantities in certificates. To this end, applications for free allocation of certificates may be made, in part, prior to commencement of a trading period or in the event of extensions to installations. These allocation applications and annual CO2 reports must be audited by experts or ETS auditors before they are sent to the DEHSt. A verifier accredited with the DAkkS (National Accreditation Body for the Federal Republic of Germany) must be engaged to do this.
In accordance with the Treibhausgas-Emissionshandelsgesetz (Greenhouse Gas Emissions Trading Act - TEHG), allocation applications and CO2 emissions reports need to be audited by experts pursuant to section 36 of the GewO or approved environmental verifiers. With the 3rd emissions trading period (2013 - 2020), the system was changed in accordance with European specifications such that only accredited verifiers can audit allocation applications and emissions reports, employing independent ETS auditors and reviewers (dual control purpose) with corresponding industry authorisation.
In order to continue to comply with the legal requirements of European emissions trading, ESC Cert GmbH, as an independent sister company and partner of BfU AG, has had itself accredited with the DAkkS as one of about 20 German verifiers. We will be pleased to put you directly in touch with a contact person at ESC Cert GmbH.
With the transposition of the Energy Efficiency Directive into the Energiedienstleistungsgesetz (Energy Service Act - EDL-G), energy audits under section 8 became mandatory for non-"SMEs". The regulator has nevertheless defined requirements on so-called "energy auditors". The requirements were examined by the Federal Office of Economics and Export Control (BAFA) and then entered in a public list (link to the BAFA list, where applicable).
In order to be entered in the BAFA list, an energy auditor needs to meet the following prerequisites:
The prerequisite regarding expertise is deemed to have been met if the person in question is competent in energy audits owing to his or her training or professional qualifications and practical experience (minimum 3-year energy consultancy).
The prerequisite regarding reliability is deemed to have been met if the person in question can advise the company engaging him or her in a manner that is neutral with regard to manufacturers, providers and sales.
Both prerequisites have been met by our employees. Energy audits (link to energy audits, where applicable), however, are not a statutory obligation under the EDL-G, but provide a good entry point for identifying potential and an introduction to energy management systems.