44th BImSchV – Ordinance on medium-sized combustion plants, gas turbine plants and combustion engines
In its 973rd meeting on 14th December 2018, the Federal Council decided to adopt the Ordinance on medium-sized combustion plants, gas turbine plants and combustion engines as well as the amendment of the Ordinance on small and medium-sized combustion plants.
With the new ordinance, the EU Directive 2015/2193 (MCP Directive, medium combustion plants) is implemented. This is accomplished in Article 1 in the form of the new 44th Federal Immission Control Ordinance (BImSchV). In Article 2, the Ordinance on small and medium combustion plants is amended simultaneously (1st BImSchV).
The 44th Federal Immission Control Ordinance refers to combustion plants as well as gas turbine plants and combustion engines with a rated thermal input of 1 to 50 MW. This is independent of whether or not the respective plants are subject to licensing according to the Federal Immission Control Act (BImSchG). Thus, the ordinance complements the existing system which includes, for example, regulations concerning large combustion plants starting from a rated thermal input of 50 MW (13th BImSchV), small and medium combustion plants not subject to licencing (1st BImSchV) or plants with a rated thermal input of up to 50 MW subject to licencing within the scope of application of TA Luft (Technical Instructions on Air Quality Control) in the version of 24th July 2002 (GMBI page 511). Starting from 1st January 2025, the emission limit values of the 44th Federal Immission Control Ordinance will also become effective for existing plants. Until then (31st December 2024) the requirements stated in TA Luft for existing plants subject to licencing continue to apply. All other requirements, for example concerning the individual substance formaldehyde, will become immediately valid when the Ordinance becomes effective. When coming into effect, the 44th Federal Immission Control Ordinance takes precedence over TA Luft. At the same time, certain requirements of the 1st Federal Immission Control Ordinance are no longer applicable.
In Germany, up to 40,000 plants subject to licencing and not subject to licencing are concerned.
Pursuant to the large scope of notification according to § 29b of the Federal Immission Control Act (BImSchG) Müller-BBM offers emission measurements throughout Germany as a service for operators of plants falling within the scope of application of the 44th Federal Immission Control Ordinance.