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Ordinance
on Air Pollution Control (OAPC)

English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

of 16 December 1985 (Status as of 1 April 2020)

The Swiss Federal Council,

on the basis of Articles 12, 13, 16 and 39 of the Federal Act of 7 October 19831 on the Protection of the Environment (the Act),

ordains:

1 SR 814.01

Chapter 1 General Provisions

Art. 1 Aim and scope  

1 This Or­din­ance is in­ten­ded to pro­tect hu­man be­ings, an­im­als and plants, their bio­lo­gic­al com­munit­ies and hab­it­ats, and the soil against harm­ful ef­fects or nuis­ances caused by air pol­lu­tion.

2 It reg­u­lates:

a.
the pre­vent­ive lim­it­ing of emis­sions from in­stall­a­tions, as defined in Art­icle 7 of the Act, which pol­lute the air;
abis.2
open-air waste in­cin­er­a­tion;
b.
re­quire­ments for thermal and mo­tor fuels;
c.
max­im­um per­mit­ted am­bi­ent air pol­lu­tion levels (am­bi­ent lim­it val­ues);
d.
the pro­ced­ure in the event of ex­cess­ive am­bi­ent air pol­lu­tion levels.

2 In­ser­ted by No I of the O of 20 Nov. 1991, in force since 1 Feb. 1992 (AS 1992 124).
Art. 2 Definitions  

1 Sta­tion­ary in­stall­a­tions means:

a.
build­ings and oth­er fixed struc­tures;
b.
ter­rain modi­fic­a­tions;
c.
equip­ment and ma­chines;
d.
vent­il­a­tion sys­tems which col­lect vehicle flue gases and dis­charge them as waste air in­to the en­vir­on­ment.

2 Vehicles means mo­tor vehicles, air­craft, ships and rail­ways.

3 Trans­port in­fra­struc­ture means roads, air­fields, rail­way tracks and oth­er in­stall­a­tions where vehicle flue gases are re­leased in­to the en­vir­on­ment as waste air without be­ing col­lec­ted.

4 New in­stall­a­tions also in­cludes in­stall­a­tions which are altered, ex­ten­ded or re­paired if:

a.
high­er or dif­fer­ent emis­sions are to be ex­pec­ted as a res­ult; or
b.
the costs in­curred amount to more than half those of a new in­stall­a­tion.

5 Am­bi­ent air pol­lu­tion levels are ex­cess­ive if one or more of the am­bi­ent lim­it val­ues spe­cified in An­nex 7 is ex­ceeded. If no such lim­it val­ues are spe­cified for a pol­lut­ant, am­bi­ent air pol­lu­tion levels shall be con­sidered ex­cess­ive if:

a.
they en­danger hu­man be­ings, an­im­als, plants or their bio­lo­gic­al com­munit­ies or hab­it­ats;
b.
a sur­vey es­tab­lishes that they sig­ni­fic­antly af­fect the well-be­ing of a sub­stan­tial pro­por­tion of the pop­u­la­tion;
c.
they dam­age build­ings; or
d.
they harm soil fer­til­ity, ve­get­a­tion or wa­ters.

6 Pla­cing on the mar­ket means the trans­fer or dis­pos­al for the first time, wheth­er or not for con­sid­er­a­tion, of equip­ment or ma­chines for dis­tri­bu­tion or use in Switzer­land. Equi­val­ent to pla­cing on the mar­ket is the com­mis­sion­ing, for the first time, of equip­ment or ma­chines at one's own en­ter­prise in cases where pla­cing on the mar­ket has not pre­vi­ously oc­curred.3

3 Amended by No I of the O of 18 June 2010, in force since 15 Ju­ly 2010 (AS 2010 2965).

Chapter 2 Emissions

Section 1 Limitation of Emissions from New Stationary Installations

Art. 3 Preventive limiting of emissions in accordance with Annexes 1–4  

1 New sta­tion­ary in­stall­a­tions shall be equipped and op­er­ated in such a way that they com­ply with the emis­sion lim­its spe­cified in An­nex 1.

2 Ad­di­tion­al or dif­fer­ent re­quire­ments ap­ply in the case of the fol­low­ing in­stall­a­tions:

a.
in­stall­a­tions lis­ted in An­nex 2: the re­quire­ments spe­cified therein;
b.
com­bus­tion in­stall­a­tions: the re­quire­ments spe­cified in An­nex 3;
c.4
con­struc­tion ma­chines and particle fil­ter sys­tems as spe­cified in Art­icle 19a, com­bus­tion in­stall­a­tions as spe­cified in Art­icles 20 and 20d and ma­chines and equip­ment with in­tern­al com­bus­tion en­gines as spe­cified in Art­icle 20b: the re­quire­ments spe­cified in An­nex 4.

4 Amended by No I of the O of 11 April 2018, in force since 1 June 2018 (AS 2018 1687).
Art. 4 Preventive emission limits specified by the authorities  

1 Emis­sions for which no lim­it is spe­cified in this Or­din­ance or for which a par­tic­u­lar lim­it is de­clared not to ap­ply, shall be lim­ited pre­vent­ively by the au­thor­it­ies as far as is tech­nic­ally and op­er­a­tion­ally feas­ible and eco­nom­ic­ally ac­cept­able.

2 Emis­sion lim­it­a­tion meas­ures are tech­nic­ally and op­er­a­tion­ally feas­ible if they:

a.
have been suc­cess­fully tested at com­par­able in­stall­a­tions in Switzer­land or abroad; or
b.
have been suc­cess­fully ap­plied in ex­per­i­ments and can be trans­ferred to oth­er in­stall­a­tions from a tech­no­lo­gic­al per­spect­ive.

3 The as­sess­ment of the eco­nom­ic ac­cept­ab­il­ity of emis­sion lim­it­a­tions shall be based on an av­er­age, eco­nom­ic­ally sound en­ter­prise in the rel­ev­ant sec­tor. If a par­tic­u­lar sec­tor con­tains widely dif­fer­ing classes of en­ter­prises, the as­sess­ment shall be based on an av­er­age en­ter­prise of the rel­ev­ant class.
Art. 5 Stricter emission limits ordered by the authorities  

1 If an in­di­vidu­al planned in­stall­a­tion is ex­pec­ted to cause ex­cess­ive am­bi­ent air pol­lu­tion levels even though the pre­vent­ive emis­sion lim­it­a­tion re­quire­ments are met, the au­thor­it­ies shall or­der ad­di­tion­al or stricter emis­sion lim­it­a­tion re­quire­ments for the in­stall­a­tion con­cerned.

2 The emis­sion lim­it­a­tion re­quire­ments are to be sup­ple­men­ted or tightened to such an ex­tent that no ex­cess­ive am­bi­ent air pol­lu­tion levels are caused.
Art. 6 Capture and removal of emissions 5  

1 Emis­sions shall be cap­tured as fully and as close to the source as pos­sible and shall be re­moved in such a way as to pre­vent ex­cess­ive am­bi­ent air pol­lu­tion levels.6

2 They shall gen­er­ally be dis­charged above roof level via stacks or waste air ducts.

3 An­nex 6 ap­plies to stacks. If the re­quired stack height H can­not be real­ised, or if the para­met­er H0 is more than 100 m, the au­thor­it­ies shall as an al­tern­at­ive tight­en the emis­sion lim­it­a­tion re­quire­ments spe­cified in An­nexes 1–3.

5 Amended by No I of the O of 20 Nov. 1991, in force since 1 Feb. 1992 (AS 1992 124).

6 Amended by No I of the O of 20 Nov. 1991, in force since 1 Feb. 1992 (AS 1992 124).

Section 2 Limitation of Emissions from Existing Stationary Installations

Art. 7 Preventive limiting of emissions  

The pro­vi­sions con­cern­ing the pre­vent­ive lim­it­ing of emis­sions from new sta­tion­ary in­stall­a­tions (Art­icles 3, 4 and 6) also ap­ply to ex­ist­ing sta­tion­ary in­stall­a­tions.
Art. 8 Mandatory retrofitting  

1 The au­thor­it­ies shall en­sure that ex­ist­ing sta­tion­ary in­stall­a­tions which do not meet the re­quire­ments of this Or­din­ance un­der­go ret­ro­fit­ting.

2 They shall is­sue the ne­ces­sary rul­ings, spe­cify­ing the time lim­it for ret­ro­fit­ting in ac­cord­ance with Art­icle 10. If ne­ces­sary, they shall or­der op­er­at­ing re­stric­tions or the shut­down of the in­stall­a­tion for the dur­a­tion of the ret­ro­fit­ting work.7

3 Ret­ro­fit­ting need not be car­ried out if the own­er un­der­takes to shut down the in­stall­a­tion with­in the time lim­it set for ret­ro­fit­ting.

7 Second sen­tence in­ser­ted by No I of the O of 20 Nov. 1991, in force since 1 Feb. 1992 (AS 1992 124).
Art. 9 Stricter emission limits  

1 If it is es­tab­lished that an in­di­vidu­al ex­ist­ing in­stall­a­tion is caus­ing ex­cess­ive am­bi­ent air pol­lu­tion levels even if the pre­vent­ive emis­sion lim­it­a­tion re­quire­ments are com­plied with, the au­thor­it­ies shall or­der ad­di­tion­al or stricter emis­sion lim­it­a­tion re­quire­ments for the in­stall­a­tion con­cerned.

2 The emis­sion lim­it­a­tion re­quire­ments are to be sup­ple­men­ted or tightened to such an ex­tent that ex­cess­ive am­bi­ent air pol­lu­tion levels are no longer caused.

3 The ad­di­tion­al or stricter emis­sion lim­it­a­tion re­quire­ments are to be im­posed by means of ret­ro­fit­ting rul­ings with time lim­its set in ac­cord­ance with Art­icle 10, para­graph 2. If ne­ces­sary, the au­thor­it­ies shall or­der op­er­at­ing re­stric­tions or the shut­down of the in­stall­a­tion for the dur­a­tion of the ret­ro­fit­ting work.

4 If ex­cess­ive am­bi­ent air pol­lu­tion levels are caused by more than one in­stall­a­tion, the pro­ced­ure spe­cified in Art­icles 31–34 shall be fol­lowed.
Art. 10 Time limits for retrofitting 8  

1 The stand­ard time lim­it for ret­ro­fit­ting is five years.

2 Short­er time lim­its, but not less than 30 days, shall be set if:

a.
ret­ro­fit­ting can be car­ried out without sig­ni­fic­ant in­vest­ments;
b.
emis­sions are more than three times the value spe­cified for the pre­vent­ive lim­it­ing of emis­sions; or
c.
am­bi­ent air pol­lu­tion levels caused by the in­stall­a­tion alone are ex­cess­ive.

3 Longer time lim­its, up to a max­im­um of ten years, shall be set if:

a.
emis­sions are less than one-and-a-half times the value ap­plic­able for the pre­vent­ive lim­it­ing of emis­sions, or the pro­vi­sions con­cern­ing flue gas losses are not com­plied with; and
b.
neither let­ter a nor let­ter c of para­graph 2 is met.

4 The above is without pre­ju­dice to the or­der­ing of short­er time lim­its for ret­ro­fit­ting in ac­cord­ance with Art­icle 32.

8 See also the Fi­nal Pro­vi­sions of the Amend­ments of 23 June 2004 and 11 April 2018 at the end of this text.
Art. 11 Relief  

1 On re­quest, the au­thor­it­ies shall grant re­lief to the own­er of an in­stall­a­tion if ret­ro­fit­ting in ac­cord­ance with Art­icles 8 and 10 would be dis­pro­por­tion­ate, in par­tic­u­lar not tech­nic­ally or op­er­a­tion­ally feas­ible, or eco­nom­ic­ally un­ac­cept­able.

2 By way of re­lief, the au­thor­it­ies may in the first in­stance grant longer time lim­its. If the grant­ing of longer time lim­its is not suf­fi­cient, the au­thor­it­ies shall spe­cify less strict emis­sion lim­its.

Section 3 Control of Stationary Installations

Art. 12 Emission declaration  

1 Any per­son who op­er­ates or wishes to con­struct an in­stall­a­tion which causes air pol­lu­tion shall provide the au­thor­it­ies with in­form­a­tion on:

a.
the type and level of emis­sions;
b.
the re­lease loc­a­tion, re­lease height and time course of emis­sions;
c.
oth­er re­lease con­di­tions re­quired for the as­sess­ment of emis­sions.

2 The emis­sion de­clar­a­tion may be based on meas­ure­ments or on ma­ter­i­al bal­ances of the sub­stances used.
Art. 13 Emission measurements and inspections  

1 The au­thor­it­ies shall mon­it­or com­pli­ance with emis­sion lim­it­a­tion re­quire­ments. They shall carry out their own emis­sion meas­ure­ments or in­spec­tions or shall have these car­ried out on their be­half.

2 If pos­sible, the first meas­ure­ment (ac­cept­ance meas­ure­ment) or in­spec­tion must be car­ried out with­in three months, but no later than twelve months after the com­mis­sion­ing of the new or ret­ro­fit­ted in­stall­a­tion. The fore­go­ing is without pre­ju­dice to dif­fer­ent pro­vi­sions in An­nex 3.9

3 The meas­ure­ment or in­spec­tion is gen­er­ally to be re­peated as fol­lows, without pre­ju­dice to pro­vi­sions to the con­trary spe­cified in An­nexes 2, 3 and 4:

a.
every four years for wood-fired boil­ers as spe­cified in An­nex 5 Num­ber 31 para­graph 1 let­ter a, b or d Num­ber 1 with a rated thermal in­put of up to 70 kW and for gas-fired in­stall­a­tions with a rated thermal in­put of up to 1 MW;
b.
every two years for oth­er com­bus­tion in­stall­a­tions
c.10
every three years for oth­er in­stall­a­tions.11

4 In the case of in­stall­a­tions which may pro­duce sig­ni­fic­ant levels of emis­sions, the au­thor­it­ies shall or­der con­tinu­ous meas­ure­ment and re­cord­ing of emis­sions, or of an­oth­er op­er­at­ing para­met­er which per­mits emis­sion con­trol.

9 Amended by No I of the O of 11 April 2018, in force since 1 June 2018 (AS 2018 1687).

10 The cor­rec­tion of 16 April 2019 con­cerns the Itai­an text only (AS 2019 1225).

11Amended by No I of the O of 11 April 2018, in force since 1 June 2018 (AS 2018 1687).
Art. 13a Proof of the knowledge of the recognised rules of metrology 12  

1 Where an au­thor­ity ar­ranges for emis­sion meas­ure­ments and in­spec­tions in terms of Art­icle 13 to be car­ried out by third parties, it must reg­u­larly check wheth­er the third party con­cerned has suf­fi­cient know­ledge of the re­cog­nised rules of met­ro­logy.

2 The au­thor­ity may dis­pense with the reg­u­lar check un­der para­graph 1 if the third party only car­ries out meas­ure­ments and in­spec­tions for which sim­pli­fied meas­ure­ment pro­ced­ures are provided.

12 In­ser­ted by No I of the O of 11 April 2018, in force since 1 June 2018 (AS 2018 1687).
Art. 14 Measurement procedures  

1 The meas­ure­ments must cov­er the op­er­at­ing con­di­tions which are rel­ev­ant for as­sess­ment pur­poses. If ne­ces­sary, the au­thor­it­ies shall spe­cify the type and ex­tent of meas­ure­ments re­quired and the op­er­at­ing con­di­tions to be covered.

2 Emis­sion meas­ure­ments shall be car­ried out ac­cord­ing to the re­cog­nised rules of met­ro­logy. The Fed­er­al Of­fice for the En­vir­on­ment (FOEN) shall is­sue re­com­mend­a­tions on car­ry­ing out the meas­ure­ments. The tech­nic­al re­quire­ments for meas­ure­ment sys­tems and meas­ure­ment sta­bil­ity are those spe­cified in the Or­din­ance of 15 Feb­ru­ary 200613 on Meas­ur­ing In­stru­ments and the im­ple­ment­ing pro­vi­sions is­sued by the Fed­er­al De­part­ment of Justice and Po­lice.14

3 The own­er of the in­stall­a­tion to be in­spec­ted shall set up and make ac­cess­ible suit­able meas­ur­ing sta­tions in ac­cord­ance with in­struc­tions is­sued by the au­thor­it­ies.

4 The meas­ured and cal­cu­lated val­ues, the meas­ure­ment meth­ods used and the op­er­at­ing con­di­tions at the in­stall­a­tion at the time the meas­ure­ments were per­formed shall be re­cor­ded in a meas­ure­ment re­port.

13 SR 941.210

14 Amended by No I of the O of 11 April 2018, in force since 1 June 2018 (AS 2018 1687).
Art. 15 Assessment of emissions  

1 The meas­ured val­ues shall be cor­rec­ted to the ref­er­ence val­ues spe­cified in An­nex 1 Num­ber 23.

2 Un­less oth­er­wise spe­cified in An­nexes 1–4, the val­ues cal­cu­lated in ac­cord­ance with para­graph 1 are to be ex­pressed as hourly mean val­ues for the as­sess­ment. In jus­ti­fied cases, the au­thor­it­ies may spe­cify oth­er suit­able av­er­aging peri­ods.

3 In the case of ap­prov­al and con­trol meas­ure­ments, emis­sion con­trol re­quire­ments shall be re­garded as hav­ing been com­plied with if none of the mean val­ues de­term­ined in ac­cord­ance with para­graph 2 ex­ceeds the lim­it value.

4 In the case of con­tinu­ous meas­ure­ments, emis­sion lim­it val­ues shall be re­garded as hav­ing been com­plied with if, with­in a cal­en­dar year:

a.
none of the daily mean val­ues ex­ceeds the emis­sion lim­it value;
b.
97% of all the hourly mean val­ues are no more than 1.2 times the lim­it value; and
c.
none of the hourly mean val­ues is more than twice the lim­it value.

5 The au­thor­it­ies shall take ac­count of the par­tic­u­lar cir­cum­stances when as­sess­ing emis­sions dur­ing start-up and shut-down peri­ods.
Art. 16 Bypass lines and malfunctions  

1 A by­pass line may only be used to pro­tect flue gas clean­ing sys­tems with the ap­prov­al of the au­thor­it­ies.

2 If sig­ni­fic­ant emis­sions could oc­cur as a res­ult of the use of by­pass lines or dur­ing mal­func­tions, the au­thor­it­ies shall spe­cify what meas­ures are to be taken.

Section 4 Emissions from Vehicles and Transport Infrastructure

Art. 17 Preventive limiting of emissions from vehicles  

In ac­cord­ance with le­gis­la­tion on road trans­port, avi­ation, ship­ping and rail­ways, pre­vent­ive meas­ures shall be taken to con­trol emis­sions from vehicles as far as is tech­nic­ally and op­er­a­tion­ally feas­ible and eco­nom­ic­ally ac­cept­able.
Art. 18 Preventive limiting of emissions from transport infrastructure  

In the case of trans­port in­fra­struc­ture, the au­thor­it­ies shall or­der such meas­ures as are tech­nic­ally and op­er­a­tion­ally feas­ible and eco­nom­ic­ally ac­cept­able in or­der to con­trol traffic-re­lated emis­sions.
Art. 19 Measures to control excessive ambient air pollution levels from traffic  

If vehicles or trans­port in­fra­struc­ture have been shown or are ex­pec­ted to cause ex­cess­ive am­bi­ent air pol­lu­tion levels, the pro­ced­ure spe­cified in Art­icles 31–34 shall be fol­lowed.

Section 4a Requirements for Construction Machines and Particle Filter Systems15

15 Inserted by No I of the O of 19 Sept. 2008, in force since 1 Jan. 2009 (AS 2008 4639).
Art. 19a Requirements  

1 Ma­chines and equip­ment for use on con­struc­tion sites with in­tern­al com­bus­tion com­pres­sion-ig­ni­tion en­gines hav­ing a power out­put of more than 18 kW (con­struc­tion ma­chines) shall com­ply with the re­quire­ments spe­cified in An­nex 4 Num­ber 3.

2 New con­struc­tion ma­chines are only to be placed on the mar­ket if their con­form­ity with the re­quire­ments spe­cified in An­nex 4 Num­ber 3 has been demon­strated.

3 Con­struc­tion ma­chines are only to be op­er­ated with a particle fil­ter sys­tem whose con­form­ity with the re­quire­ments spe­cified in An­nex 4 Num­bers 32 and 33 has been demon­strated.

4 The au­thor­ity may on re­quest grant ex­emp­tions from the re­quire­ments set out in An­nex 4 Num­ber 3 for con­struc­tion equip­ment used for test or demon­stra­tion pur­poses. The ex­emp­tions are gran­ted for a max­im­um of 10 days.16

16In­ser­ted by No I of the O of 14 Oct. 2015, in force since 16 Nov. 2015 (AS 2015 4171).
Art. 19b Proof of conformity  

1 Proof of con­form­ity com­prises:

a.
a cer­ti­fic­ate is­sued by a con­form­ity as­sess­ment body as spe­cified in Art­icle 18 of the Fed­er­al Act of 6 Oc­to­ber 199517 on Tech­nic­al Bar­ri­ers to Trade (TBA) to the ef­fect that the type of con­struc­tion ma­chine or particle fil­ter sys­tem meets the re­quire­ments of An­nex 4 Num­ber 3 (cer­ti­fic­ate of con­form­ity);
b.
a de­clar­a­tion by the man­u­fac­turer or im­port­er that the con­struc­tion ma­chines or particle fil­ter sys­tems to be placed on the mar­ket con­form to the tested types (de­clar­a­tion of con­form­ity), in­clud­ing the fol­low­ing de­tails:
1.
name and ad­dress of the man­u­fac­turer or im­port­er,
2.
des­ig­na­tion of the type of con­struc­tion ma­chine, en­gine and particle re­duc­tion sys­tem,
3.
year of man­u­fac­ture and seri­al num­bers of the con­struc­tion ma­chine, en­gine and particle fil­ter sys­tem,
4.
name and ad­dress of the con­form­ity as­sess­ment body and num­ber of the cer­ti­fic­ate of con­form­ity,
5.
name and func­tion of the per­son sign­ing the de­clar­a­tion of con­form­ity for the man­u­fac­turer or im­port­er,
6.
the pre­cise loc­a­tion of the mark­ings on the con­struc­tion ma­chine; and
c.
mark­ings as spe­cified in An­nex 4 Num­ber 33.

1bis For con­struc­tion ma­chines that meet the re­quire­ments of An­nex II of Reg­u­la­tion (EU) No 2016/162818, proof of con­form­ity com­prises type ap­prov­al by a mem­ber state of the European Uni­on for the en­gine type or the en­gine fam­ily in ac­cord­ance with Reg­u­la­tion (EU) No 2016/1628.19

2 The con­form­ity as­sess­ment bod­ies shall send cer­ti­fic­ates of con­form­ity, to­geth­er with the rel­ev­ant test re­ports, to the FOEN. The FOEN shall pub­lish lists of com­pli­ant particle fil­ter sys­tem and en­gine types.20

3 The man­u­fac­turer or im­port­er shall re­tain the de­clar­a­tion of con­form­ity for ten years after pla­cing the con­struc­tion ma­chine or particle fil­ter sys­tem on the mar­ket.

17 SR 946.51

18 Reg­u­la­tion (EU) 2016/1628 of the European Par­lia­ment and of the Coun­cil of 14 Septem­ber 2016 on re­quire­ments re­lat­ing to gaseous and par­tic­u­late pol­lut­ant emis­sion lim­its and type-ap­prov­al for in­tern­al com­bus­tion en­gines for non-road mo­bile ma­chinery, Amended by OJ L 252 of 16.09.2016, p. 53; sup­ple­men­ted by: Com­mis­sion Del­eg­ated Reg­u­la­tion (EU) 2017/654 of 19 Decem­ber 2016, OJ L 102 of 13.04.2017, p. 1; Com­mis­sion Del­eg­ated Reg­u­la­tion (EU) 2017/655 of 19 Decem­ber 2016, OJ L 102 of 13.04.2017, p. 334; Com­mis­sion Im­ple­ment­ing Reg­u­la­tion (EU) 2017/656 of 19 Decem­ber 2016, OJ L 102 of 13.04.2017, p. 364.

19 In­ser­ted by No I of the O of 11 April 2018, in force since 1 June 2018 (AS 2018 1687).

20Amended by No I of the O of 14 Oct. 2015, in force since 16 Nov. 2015 (AS 2015 4171).

Section 5 Placing on the Market of Combustion Installations21

21 Amended by No I of the O of 23 June 2004, in force since 1 Jan. 2005 (AS 2004 3561).
Art. 20 Conditions for placing on the market 22  

1 The fol­low­ing com­bus­tion in­stall­a­tions are only to be placed on the mar­ket if their con­form­ity with the re­quire­ments spe­cified in An­nex 4 has been demon­strated (Art. 20a):

a.
forced draught burn­ers for «ex­tra light» heat­ing oil or gas with a rated thermal in­put of up to 350 kW;
b.
boil­ers for forced draught burn­ers as spe­cified in let­ter a, provided that the heat car­ri­er is wa­ter and the shut-off tem­per­at­ure of the safety tem­per­at­ure lim­iter does not ex­ceed 110 °C;
c.
boil­ers as spe­cified in let­ter b in­ten­ded to be equipped with forced draught burn­ers (units);
d.23
gas-fired boil­ers with a rated thermal in­put of up to 350 kW, provided that the heat car­ri­er is wa­ter and the shut-off tem­per­at­ure of the safety tem­per­at­ure lim­iter does not ex­ceed 110°C;
e.24
...
f.
dir­ect gas-fired stor­age wa­ter heat­ers (boil­ers) con­tain­ing more than 30 litres of wa­ter and with a rated thermal in­put of up to 350 kW;
g.
gas-fired in­stant­an­eous wa­ter heat­ers with a rated thermal in­put of 35 kW to 350 kW;
h.25
boil­ers fired by sol­id fuels as spe­cified in An­nex 5 with a rated thermal in­put of up to 350 kW and pel­let burn­ers for small boil­ers with a rated thermal in­put of up to 70 kW.

2 ...26

3 The can­tons may al­low prac­tic­al test­ing of a lim­ited num­ber of in­stall­a­tions without a de­clar­a­tion of con­form­ity for a peri­od of no more than two years. In­stall­a­tions which at the end of this peri­od still lack a de­clar­a­tion of con­form­ity in their ex­ist­ing form must be taken out of ser­vice.

22 See also the Fi­nal Pro­vi­sions of the Amend­ments of 23 June 2004 be­low.

23 Amended by No I of the O of 11 April 2018, in force since 1 June 2018 (AS 2018 1687).

24 Re­pealed by No I of the O of 11 April 2018, with ef­fect from 1 June 2018 (AS 2018 1687).

25 In­ser­ted by No I of the O of 4 Ju­ly 2007 (AS 2007 3875). Amended by No I of the O of 11 April 2018, in force since 1 June 2018 (AS 2018 1687).

26 Re­pealed by No I of the O of 18 June 2010, with ef­fect from 15 Ju­ly 2010 (AS 2010 2965).
Art. 20a Proof of conformity  

1 Proof of con­form­ity for a com­bus­tion in­stall­a­tion com­prises:

a.27
a test re­port from a body un­der Art­icle 18 TBA28 con­firm­ing that the type in ques­tion meets the re­quire­ments of An­nex 4;
b.
a de­clar­a­tion by the man­u­fac­turer or im­port­er that the com­bus­tion in­stall­a­tion to be placed on the mar­ket con­forms to the tested type (de­clar­a­tion of con­form­ity), in­clud­ing the fol­low­ing de­tails:
1.
name and ad­dress of the man­u­fac­turer or im­port­er,
2.
de­scrip­tion of the com­bus­tion in­stall­a­tion,
3.
pro­vi­sions ap­plic­able in ac­cord­ance with An­nex 4,
4.
name and ad­dress of the con­form­ity as­sess­ment body and num­ber of the cer­ti­fic­ate of con­form­ity,
5.
name and func­tion of the per­son sign­ing the de­clar­a­tion of con­form­ity for the man­u­fac­turer or im­port­er;
c.29
mark­ings as spe­cified in An­nex 4 Num­ber 23.

1bis For equip­ment in terms of An­nex 1.15 or 1.16 of the En­ergy Ef­fi­ciency Or­din­ance of 1 Novem­ber 201730, proof of con­form­ity may also be provided in ac­cord­ance with the re­quire­ments in Art­icle 5 para­graph 2 and Art­icle 7 para­graph 2 of that or­din­ance.31

2 The man­u­fac­turer or im­port­er shall re­tain the de­clar­a­tion of con­form­ity for ten years after pla­cing the in­stall­a­tion on the mar­ket.

27 Amended by No III 1 of the O of 22 June 2016, in force since 1 Aug. 2016 (AS 20162479).

28 SR 946.51

29 In­ser­ted by No I of the O of 22 Oct. 2008, in force since 1 Jan. 2009 (AS 2008 5163).

30 SR 730.02

31 In­ser­ted by No III 1 of the O of 22 June 2016 (AS 20162479). Amended by An­nex 5 No 3 of the En­ergy Ef­fi­ciency Or­din­ance of 1 Nov. 2017, in force since 1 Jan. 2018 (AS 2017 6951)

Section 5a Requirements for Machines and Equipment with Internal Combustion Engines32

32 Inserted by No I of the O of 18 June 2010 (AS 2010 2965). Amended by No I of the O of 11 April 2018, in force since 1 June 2018 (AS 2018 1687).
Art. 20b Requirements  

1 Mo­bile ma­chines and equip­ment with in­tern­al com­bus­tion en­gines that are not in­ten­ded for use on the roads (ma­chines and equip­ment with in­tern­al com­bus­tion en­gines) must sat­is­fy the re­quire­ments spe­cified in An­nex 4 Num­ber 4.

2 New ma­chines and equip­ment with in­tern­al com­bus­tion en­gines may only be placed on the mar­ket if the con­form­ity of the en­gines with the re­quire­ments spe­cified in An­nex 4 Num­ber 4 has been demon­strated (Art. 20c).
Art. 20c Proof of conformity  

1 Proof of con­form­ity com­prises:

a.
type-ap­prov­al gran­ted by an EU Mem­ber State for an en­gine type or en­gine fam­ily in ac­cord­ance with Reg­u­la­tion (EU) No 2016/162833; and
b.
en­gine mark­ings as spe­cified in Art­icle 32 of Reg­u­la­tion (EU) No 2016/1628.

2 Con­form­ity may also be proven by means of a cer­ti­fic­ate is­sued by a con­form­ity as­sess­ment body as spe­cified in Art­icle 18 TBA34 to the ef­fect that the type of ma­chine or equip­ment with in­tern­al com­bus­tion en­gine meets the re­quire­ments of An­nex 4 Num­ber 4 (cer­ti­fic­ate of con­form­ity). In this case, the en­gine must bear the trade mark or trade name of the man­u­fac­turer of the en­gine and the name of the con­form­ity as­sess­ment body.

33 See foot­note to Art. 19b para. 1bis.

34 SR 946.51

Section 5b Commissioning Combustion Installations35

35 Inserted by No I of the O of 11 April 2018, in force since 1 June 2018 (AS 2018 1687).
Art. 20d Requirements for commissioning  

Series-pro­duced sol­id-fuel-fired loc­al space heat­ers as spe­cified in An­nex 5 with a rated heat out­put of up to 50 kW, in par­tic­u­lar room heat­ers, cook­ers, stor­age heat­ers and in­set ap­pli­ances in­clud­ing open fires, may only be com­mis­sioned if their con­form­ity with the re­quire­ments spe­cified in An­nex 4 Num­ber 212 is proven (Art. 20e).
Art. 20e Proof of conformity  

Proof of con­form­ity of a series-pro­duced loc­al space heat­er in ac­cord­ance with Art­icle 20d in­cludes a de­clar­a­tion of per­form­ance or an equi­val­ent de­clar­a­tion from the man­u­fac­turer or im­port­er that in­dic­ates that the type meets the re­quire­ments of An­nex 4 Num­ber 212.

Section 6 Thermal Fuels

Art. 21 Requirements  

Thermal fuels are sub­ject to the re­quire­ments spe­cified in An­nex 5.
Art. 22 Declaration  

Any per­son who im­ports thermal fuels or of­fers them for sale on a com­mer­cial basis must de­clare the qual­ity of the thermal fuel to the cus­tom­er or con­sumer. On im­port, he must also de­clare the qual­ity to the cus­toms au­thor­it­ies.
Art. 2336  

36 Re­pealed by No I of the O of 4 Ju­ly 2007, with ef­fect from 1 Sept. 2007 (AS 20073875).

Section 7 Motor Fuels

Art. 24 Requirements  

Mo­tor fuels are sub­ject to the re­quire­ments spe­cified in An­nex 5.
Art. 25 Declaration  

Any per­son who im­ports mo­tor fuels or of­fers them for sale on a com­mer­cial basis must de­clare the qual­ity of the mo­tor fuel to the cus­tom­er or con­sumer. On im­port, he must also de­clare the qual­ity to the cus­toms au­thor­it­ies.
Art. 26 Installations for unleaded petrol  

1 In­stall­a­tions for un­leaded pet­rol such as stor­age and trans­port tanks, tankers and pet­rol pumps must be clearly marked «un­leaded».

2 If an in­stall­a­tion which pre­vi­ously con­tained leaded pet­rol is to be used for un­leaded pet­rol, the own­er of the in­stall­a­tion must clean it thor­oughly be­fore­hand or take oth­er meas­ures to en­sure that it does not con­tain ex­cess­ive lead residues.

Section 8 Waste Incineration37

37Inserted by No I of the O of 20 Nov. 1991, in force since 1 Feb. 1992 (AS 1992 124).
Art. 26a Incineration in installations 38  

Waste may only be in­cin­er­ated or thermally de­com­posed in in­stall­a­tions spe­cified in An­nex 2 Num­ber 7; an ex­cep­tion to this is the in­cin­er­a­tion of waste spe­cified in An­nex 2 Num­ber 11.

38 Amended by No I of the O of 4 Ju­ly 2007, in force since 1 Sept. 2007 (AS 2007 3875).
Art. 26b Incineration outside of installations 39  

1 Nat­ur­al forest, field and garden waste may be in­cin­er­ated out­side in­stall­a­tions if it is suf­fi­ciently dry to en­sure min­im­al smoke form­a­tion.

2 The au­thor­it­ies may in in­di­vidu­al cases ap­prove the in­cin­er­a­tion of forest, field and garden waste which is not suf­fi­ciently dry if there is an over­rid­ing in­terest and it does not lead to ex­cess­ive am­bi­ent air pol­lu­tion levels.

3 They may re­strict or pro­hib­it the in­cin­er­a­tion of forest, field and garden waste out­side of in­stall­a­tions for par­tic­u­lar areas or peri­ods if ex­cess­ive am­bi­ent air pol­lu­tion levels are to be ex­pec­ted.

39 In­ser­ted by No I of the O of 4 Ju­ly 2007, in force since 1 Sept. 2007 (AS 2007 3875).

Chapter 3 Ambient Air Pollution Levels

Section 1 Determination and Assessment

Art. 27 Determination of ambient air pollution levels  

1 The can­tons shall mon­it­or the air pol­lu­tion situ­ation and trends in their ter­rit­ory; in par­tic­u­lar, they shall de­term­ine am­bi­ent air pol­lu­tion levels.

2 To this end, they shall carry out sur­veys, meas­ure­ments and dis­per­sion mod­el­ling. The FOEN shall re­com­mend suit­able meth­ods.
Art. 28 Ambient air pollution forecast  

1 Be­fore a sta­tion­ary in­stall­a­tion or trans­port in­fra­struc­ture ex­pec­ted to be a sig­ni­fic­ant source of emis­sions is con­struc­ted or ret­ro­fit­ted, the au­thor­it­ies may re­quest the own­er to provide an am­bi­ent air pol­lu­tion fore­cast.

2 The fore­cast must in­dic­ate what type, ex­tent and fre­quency of am­bi­ent air pol­lu­tion levels are to be ex­pec­ted in what areas.

3 The fore­cast shall in­clude de­tails of the type and level of emis­sions, as well as the dis­per­sion con­di­tions and the cal­cu­la­tion meth­ods used.
Art. 29 Monitoring in relation to individual installations  

The own­er of an in­stall­a­tion which is a sig­ni­fic­ant source of emis­sions may be re­ques­ted by the au­thor­it­ies to mon­it­or am­bi­ent air pol­lu­tion levels by car­ry­ing out meas­ure­ments in the area con­cerned.
Art. 30 Assessment of ambient air pollution levels  

The au­thor­it­ies shall as­sess wheth­er the am­bi­ent air pol­lu­tion levels meas­ured are ex­cess­ive (Art­icle 2 para­graph 5).

Section 2 Measures to Control Excessive Ambient Air Pollution Levels

Art. 31 Preparation of an action plan 40  

The au­thor­it­ies shall draw up an ac­tion plan in ac­cord­ance with Art­icle 44a of the Act if it has been es­tab­lished or is to be ex­pec­ted that, in spite of the pre­vent­ive lim­it­ing of emis­sions, ex­cess­ive am­bi­ent air pol­lu­tion levels are caused by:

a.
an item of trans­port in­fra­struc­ture;
b.
a num­ber of sta­tion­ary in­stall­a­tions.

40 Amended by No I of the O of 15 Dec. 1997, in force since 1 March 1998 (AS 1998223).
Art. 32 Content of the action plan 41  

1 The ac­tion plan shall in­dic­ate:

a.
the sources of emis­sions which are re­spons­ible for caus­ing ex­cess­ive am­bi­ent air pol­lu­tion levels;
b.
the sig­ni­fic­ance of in­di­vidu­al sources of emis­sions for the total pol­lu­tion load;
c.
meas­ures for re­du­cing and elim­in­at­ing ex­cess­ive am­bi­ent air pol­lu­tion levels;
d.
the ef­fects of the vari­ous meas­ures;
e.
the leg­al frame­work ex­ist­ing or yet to be es­tab­lished for the vari­ous meas­ures;
f.
time lim­its for the or­der­ing and im­ple­ment­a­tion of the meas­ures;
g.
the au­thor­it­ies re­spons­ible for en­force­ment of the meas­ures.

2 Meas­ures un­der para­graph 1 let­ter c are:

a.
for sta­tion­ary in­stall­a­tions: short­er time lim­its for ret­ro­fit­ting or ad­di­tion­al or stricter emis­sion lim­its;
b.
for trans­port in­fra­struc­ture: struc­tur­al, op­er­a­tion­al, traffic man­age­ment or traffic re­stric­tion meas­ures.

41 Amended by No I of the O of 15 Dec. 1997, in force since 1 March 1998 (AS 1998223).
Art. 33 Putting the action plan into effect 42  

1 The meas­ures con­tained in the ac­tion plan are gen­er­ally to be put in­to ef­fect with­in five years.

2 As a mat­ter of pri­or­ity, the au­thor­it­ies shall or­der meas­ures for in­stall­a­tions which ac­count for more than 10 % of the total pol­lu­tion load.

3 The can­tons shall reg­u­larly re­view the ef­fect­ive­ness of the meas­ures and shall amend the ac­tion plans if ne­ces­sary. They shall in­form the pub­lic ac­cord­ingly.

42 Amended by No I of the O of 15 Dec. 1997, in force since 1 March 1998 (AS 1998223).
Art. 34 Applications from the cantons  

1 If a can­ton­al ac­tion plan provides for meas­ures which fall with­in the re­spons­ib­il­ity of the Con­fed­er­a­tion, the can­ton shall sub­mit the plan to the Fed­er­al Coun­cil and make the rel­ev­ant ap­plic­a­tions.

2 If the ac­tion plan re­quires the co­oper­a­tion of an­oth­er can­ton, the au­thor­it­ies shall sub­mit the plan to the can­ton in ques­tion and make the rel­ev­ant ap­plic­a­tions. If ne­ces­sary, the Fed­er­al Coun­cil shall co­ordin­ate the ac­tion plans of the can­tons.

Chapter 4 Final Provisions

Section 1 Enforcement

Art. 35 Enforcement by the cantons  

Sub­ject to the pro­vi­sions of Art­icle 36, the can­tons shall be re­spons­ible for en­force­ment of this Or­din­ance.
Art. 36 Enforcement by the Confederation  

1 The Con­fed­er­a­tion shall en­force the pro­vi­sions con­cern­ing:

a.43
mar­ket sur­veil­lance for con­struc­tion ma­chines and particle fil­ter sys­tems, com­bus­tion in­stall­a­tions and ma­chines and equip­ment with in­tern­al com­bus­tion en­gines (Art­icle 37);
b.44
con­trol of thermal and mo­tor fuels on im­port and on pla­cing on the mar­ket (Art­icle 38).45

2 When ap­ply­ing oth­er fed­er­al acts or in­ter­na­tion­al agree­ments or res­ol­u­tions re­lat­ing to mat­ters reg­u­lated by this Or­din­ance, fed­er­al au­thor­it­ies shall also en­force this Or­din­ance. Co­oper­a­tion of the FOEN and the can­tons is gov­erned by Art­icle 41 para­graphs 2 and 4 of the Act; these pro­vi­sions are sub­ject to leg­al re­quire­ments con­cern­ing secrecy.46

3 The Fed­er­al De­part­ment of the En­vir­on­ment, Trans­port, En­ergy and Com­mu­nic­a­tions47 may or­der im­ple­ment­ing and sup­ple­ment­ary pro­vi­sions, par­tic­u­larly con­cern­ing:

a.
meth­ods of test­ing, meas­ure­ment and cal­cu­la­tion;
b.
type-ap­prov­al;
c.
stacks.

4 The Con­fed­er­a­tion shall carry out sur­veys of the air pol­lu­tion situ­ation and trends in Switzer­land as a whole (Art­icle 39).48

43 Amended by No I of the O of 11 April 2018, in force since 1 June 2018 (AS 2018 1687).

44Amended by No I of the O of 14 Oct. 2015, in force since 16 Nov. 2015 (AS 2015 4171).

45 Amended by No I of the O of 18. June 2010, in force since 15 Ju­ly 2010 (AS 2010 2965).

46 Amended by No II 13 of the O of 2 Feb. 2000 to the Fed­er­al Act on the Co­ordin­a­tion and Sim­pli­fic­a­tion of De­cision-Mak­ing Pro­ced­ures, in force since 1 March 2000 (AS 2000 703).

47 The des­ig­na­tion of the ad­min­is­tra­tion unit was amended by Art. 16 para. 3 of the Pub­lic­a­tions Or­din­ance of 17 Nov. 2004 (AS 2004 4937).

48 In­ser­ted by No I of the O of 18 June 2010, in force since 15 Ju­ly 2010 (AS 2010 2965).
Art. 37 Market surveillance for construction machines and their particle filter systems, combustion installations and machines and equipment with internal combustion engines 4950  

1 The FOEN shall mon­it­or com­pli­ance with the reg­u­la­tions con­cern­ing pla­cing con­struc­tion ma­chines, particle fil­ter sys­tems, com­bus­tion in­stall­a­tions and ma­chines and equip­ment with in­tern­al com­bus­tion en­gines on the mar­ket. It shall mon­it­or in par­tic­u­lar:51

a.
wheth­er the in­form­a­tion giv­en in the de­clar­a­tion of con­form­ity is cor­rect; or
b.52
wheth­er the in­tern­al com­bus­tion en­gines of the ma­chines and equip­ment which bear an ap­prov­al mark con­form to the type-ap­proved en­gine or to the type-ap­proved en­gine fam­ily.

2 It may en­trust con­trol tasks to pub­lic en­tit­ies and private spe­cial­ist or­gan­isa­tions.

3 If the in­stall­a­tions con­trolled do not meet the re­quire­ments, the FOEN shall or­der the ne­ces­sary meas­ures. In ser­i­ous cases, it may pro­hib­it fur­ther of­fer­ing or mar­ket­ing, or re­quest the modi­fic­a­tion of in­stall­a­tions already mar­keted.

49 Amended by No I of the O of 18 June 2010, in force since 15 Ju­ly 2010 (AS 2010 2965).

50 Amended by No I of the O of 11 April 2018, in force since 1 June 2018 (AS 2018 1687).

51 Amended by No I of the O of 11 April 2018, in force since 1 June 2018 (AS 2018 1687).

52 Amended by No I of the O of 11 April 2018, in force since 1 June 2018 (AS 2018 1687).
Art. 38 Thermal and motor fuels  

1 The cus­toms au­thor­it­ies shall take samples of thermal and mo­tor fuels which are im­por­ted or sup­plied by do­mest­ic re­finer­ies. They shall either sub­mit the samples to a labor­at­ory des­ig­nated by the FOEN or ana­lyse them them­selves.53

2 The cus­toms au­thor­it­ies or the labor­at­ory shall re­port the res­ults of the tests to the FOEN.54

3 The FOEN shall veri­fy com­pli­ance with the reg­u­la­tions on pla­cing thermal and mo­tor fuels on the mar­ket by test­ing samples.55

4 If the FOEN es­tab­lishes that an im­port­er or deal­er is re­peatedly im­port­ing or pla­cing on the mar­ket thermal or mo­tor fuels which fail to meet the qual­ity re­quire­ments in An­nex 5, it shall in­form the com­pet­ent can­ton­al pro­sec­u­tion au­thor­it­ies and, if ap­plic­able, the cus­toms au­thor­it­ies.56

53 Amended by No I of the O of 23 June 2004, in force since 1 Jan. 2005 (AS 2004 3561).

54 Amended by No I of the O of 23 June 2004, in force since 1 Jan. 2005 (AS 2004 3561).

55Amended by No I of the O of 14 Oct. 2015, in force since 16 Nov. 2015 (AS 2015 4171).

56In­ser­ted by No I of the O of 14 Oct. 2015 Nov, in force since 16 Nov. 2015 (AS 2015 4171).
Art. 39 Air pollution surveys  

1 The sur­veys of the air pol­lu­tion situ­ation and trends in Switzer­land as a whole shall be car­ried out by the FOEN.

2 The Swiss Fed­er­al In­sti­tute for Ma­ter­i­als Test­ing and Re­search (EMPA) in Dübendorf shall op­er­ate the Na­tion­al Air Pol­lu­tion Mon­it­or­ing Net­work (NA­BEL) on be­half of the FOEN.
Art. 39a Geoinformation 57  

The FOEN shall spe­cify the min­im­al geodata mod­els and present­a­tion mod­els for of­fi­cial geodata in ac­cord­ance with this Or­din­ance for which it is des­ig­nated as the com­pet­ent fed­er­al au­thor­ity in An­nex 1 of the Or­din­ance of 21 May 200858 on Geoin­form­a­tion.

57 In­ser­ted by An­nex 2 No 8 of the O of 21 May 2008 on Geoin­form­a­tion, in force since 1 Ju­ly 2008 (AS 2008 2809).

58 SR 510.620

Section 2 Amendment and Repeal of Existing Legislation

Art. 4059  

59 Re­pealed by No IV 30 of the O of 22 Aug. 2007 on the Form­al Re­vi­sion of Fed­er­al Le­gis­la­tion, with ef­fect from 1 Jan. 2008 (AS 20074477).
Art. 41 Repeal of existing legislation  

The Or­din­ance of 10 Decem­ber 198460 on Air Pol­lu­tion Con­trol Meas­ures for Com­bus­tion In­stall­a­tions is re­pealed.

60 [AS 1984 1516]

Section 3 Transitional Provisions

Art. 42  

1 In­stall­a­tions which re­quire a con­struc­tion per­mit or plan­ning per­mis­sion shall be re­garded as new in­stall­a­tions if no bind­ing de­cision has been taken re­gard­ing the con­struc­tion per­mit or plan­ning per­mis­sion at the time this Or­din­ance enters in­to force.

2 With­in two years after the com­mence­ment of this Or­din­ance, the au­thor­it­ies shall is­sue the ret­ro­fit­ting rul­ing in ac­cord­ance with Art­icles 8 and 9, if pos­sible for all cases, but at least for the most ur­gent cases where ret­ro­fit­ting is re­quired.

3 In cases of ex­ist­ing ex­cess­ive am­bi­ent air pol­lu­tion levels, ac­tion plans shall be pre­pared in ac­cord­ance with Art­icle 31 with­in three years after the com­mence­ment of this Or­din­ance.

Section 3a Time Limits for Provisions on the Placing on the Market and Commissioning of Combustion Installations61

61 Inserted by No I of the O of 11 April 2018, in force since 1 June 2018 (AS 2018 1687).
Art. 42a  

1 The pro­vi­sions on the pla­cing on the mar­ket of com­bus­tion in­stall­a­tions are sub­ject to the fol­low­ing time lim­its:

a.
in­stall­a­tions un­der Art­icle 20 para­graph 1 let­ters a–g: un­til 25 Septem­ber 2018;
b.
in­stall­a­tions un­der Art­icle 20 para­graph 1 let­ter h: un­til 31 Decem­ber 2019.

2 The pro­vi­sions on the com­mis­sion­ing of com­bus­tion in­stall­a­tions un­der Art­icle 20d are sub­ject to a time lim­it of 31 Decem­ber 2021.

Section 4 Commencement

Art. 43  

This Or­din­ance comes in­to force on 1 March 1986.

Transitional Provisions to the Amendment of 20 November 1991 62

62 AS 1992 124. Repealed by No IV 30 of the O of 22 Aug. 2007 on the Formal Revision of Federal Legislation, with effect from 1 Jan. 2008 (AS 20074477).

Transitional Provisions to the Amendment of 15 December 1997 63

63 AS 1998 223. Repealed by No IV 30 of the O of 22 Aug. 2007 on the Formal Revision of Federal Legislation, with effect from 1 Jan. 2008 (AS 20074477).

Transitional Provisions to the Amendment of 25 August 1999 64

64 AS 1999 2498. Repealed by No IV 30 of the O of 22 Aug. 2007 on the Formal Revision of Federal Legislation, with effect from 1 Jan. 2008 (AS 20074477).

Transitional Provisions to the Amendment of 30 April 2003 65

65 AS 2003 1345

1 Installations which require a construction permit or planning permission with regard to which no binding decision has been taken at the time this Amendment enters into force must comply with the requirements of the new legislation.

2 Notwithstanding Article 10, the authorities shall grant time limits of five to ten years for the retrofitting of installations which become subject to mandatory retrofitting after 1 July 2003, but which already comply with the preventive emission limits based on the existing provisions. This is without prejudice to the provisions of Article 10 paragraph 2 letters a and c.

Transitional Provisions to the Amendment of 23 June 2004 66

66 AS 2004 3561

1 Notwithstanding Article 10, the authorities shall grant time limits of six to ten years for the retrofitting of installations which become subject to mandatory retrofitting under the Amendment of 23 June 2004, but which already comply with the preventive emission limits based on the existing provisions. This is without prejudice to the provisions of Article 10 paragraph 2 letters a and c.

2 ...67

3 Petrol and diesel oil which meet the existing requirements under Annex 5 of this Ordinance68 may be placed on the market from licensed storage stocks, compulsory stocks and army stocks until 31 December 2008.

67Repealed by No IV of the O of 14 Oct. 2015, with effect from 16 Nov. 2015 (AS 2015 4171).

68 AS 1999 2498

Transitional Provisions to the Amendment of 4 July 2007 69

69 AS 2007 3875

1 Notwithstanding Article 10, the authorities shall grant time limits of five to ten years for the retrofitting of installations which become subject to mandatory retrofitting under the Amendment of 4 July 2007, but which already comply with the preventive emission limits based on the existing provisions. For wood-fired installations they shall grant a time limit of ten years for retrofitting; this is without prejudice to the provisions of Article 10 paragraph 2 letters a and c.

2 Combustion installations as specified in Article 20 paragraph 1 letter h may be placed on the market without a proof of conformity until 31 December 2007.

3 Wood-fired installations may be placed on the market without a proof of conformity until 31 December 2009 if they meet the requirements of Annex 4. In particular, these requirements are regarded as having been met in cases where wood‑fired installations were awarded the Swiss Wood Energy Association (VHE) quality mark after 31 December 2003.

Transitional provisions relating to the Amendment of 19 September 2008 70

70 AS 2008 4639

1 The requirements specified in Annex 4 Number 3 apply to construction machines with a net power of 37 kW or more:

a.
manufactured between 2000 and 2008: from 1 May 2010, if they are operated on Measure-level A construction sites as defined in the FOEN Guidelines of 1 September 2002 on Air Pollution Control at Construction Sites;
b.
manufactured before 2000: from 1 May 2015.

2 The requirements specified in Annex 4 Number 3 apply to construction machines with a net power of 18 kW to 37 kW manufactured in 2010 or later.

3 For particle filter systems which are included in the FOEN/SUVA Filter List at the time this Amendment enters into force, the requirements specified in Annex 4 Number 32 are regarded as having been met.

4 «Extra light» heating oil which meets the existing requirements specified in Annex 5 may be placed on the market from licensed storage stocks, compulsory stocks and army stocks until 31 December 2011.

Transitional provisions relating to the Amendment of 18 June 2010 71

71 AS 2010 2965. Repealed by No IV of the O of 11 April 2018, with effect from 1 June 2018 (AS 2018 1687).

Transitional provisions relating to the Amendment of 14 October 2015 72

72AS 2015 4171

Notwithstanding Article 10, the authorities shall grant time limits of six to ten years for the retrofitting of stationary internal combustion engines and gas turbines which become subject to mandatory retrofitting in accordance with the Amendment of 14 October 2015 but which already comply with the preventive emission limits based on the existing provisions. This is without prejudice to the provisions of Article 10 paragraph 2 letters a and c.

Transitional provisions relating to the Amendment of 11 April 2018 73

73 AS 2018 1687

1 Notwithstanding Article 10, the authorities shall grant time limits of ten years for retrofitting installations which become subject to mandatory retrofitting under the Amendment of 11 April 2018 but which already comply with the preventive emission limits based on the existing provisions; this is without prejudice to the provisions of Article 10 paragraph 2 letters a and c.

2 «Euro extra-light» heating oil may be used in installations or operating units that have a rated thermal input of less than 5 MW for these thermal fuels until 31 May 2023.

3 The emission limit values for solids as specified in Annex 3 Numbers 511 paragraph 1 and 522 paragraph 1 for installations with a rated thermal input of up to 70 kW apply from 1 June 2019.

Annex 1 74

74 Revised by No II of the Ordinances of 20 Nov. 1991 (AS 1992 124), of 15 Dec. 1997 (AS 1998 223) and of 23 June 2004 (AS 2004 3561), No II 10 of the O of 18 May 2005 on the Repeal and Amendment of Ordinances in connection with the Commencement of the Chemicals Act (AS 2005 2695), No II of the O of 4 July 2007 (AS 2007 3875) and of 14 Oct. 2015, in force since 16 Nov. 2015 (AS 2015 4171).

(Art. 3 para. 1)

General preventive emission limits

1 Scope

1 The provisions of this Annex apply to the preventive limiting of emissions from stationary installations.

2 They are without prejudice to the additional or different provisions applicable for:

a.
particular installations, as specified in Annex 2;
b.
combustion installations, as specified in Annex 3;
c.
type-approval of combustion installations, as specified in Annex 4.

2 Definitions

21 Flue gases

Flue gases means waste air, flue gases and other air pollutants discharged by installations.

22 Emissions

Emissions are expressed in the following terms:

a.
Concentration:
Mass of emitted substance in relation to the volume of flue gas (e.g. in milligrams per cubic metre [mg/m3]);
b.
Mass flow:
Mass of emitted substance per unit time (e.g. in grams per hour [g/h]);
c.
Emission factor:
Ratio of the mass of emitted substance to the mass of the products generated or processed (e.g. in kilograms per tonne [kg/t]);
d.
Emission ratio:
Ratio of the mass of an air polluting substance emitted to the mass of that substance supplied to the installation in fuels and feedstock (in % (m/m);
e.
Smoke number:
The degree of filter blackening caused by flue gases. The grey scale used to determine the Bacharach smoke number ranges from 0 to 9 in unit steps.

23 Reference value for emission concentrations

1 The limit values expressed as concentrations and the oxygen contents given as reference values are based on the volume of flue gas under standard conditions (0 °C, 1013 mbar) after deduction of the moisture content (dry).

2 The limit values expressed as emission concentrations are based on the amount of flue gas which is no more heavily diluted than is technically and operationally unavoidable.

3 If oxygen content by volume is given as the reference value for an installation listed in Annexes 2–4, the measured emission concentrations are to be corrected to this reference value.

24 Rated thermal input

The rated thermal input is the maximum thermal energy that can be supplied to an installation per unit time. It is obtained by multiplying the fuel consumption of the installation by the lower calorific value of the fuel.

3 General provisions

31 Limitation of emissions

1 The following emission limitation requirements apply:

a.
for dust: Number 4;
b.
for inorganic substances, mainly in the form of dust: Number 5;
c.
for inorganic substances in gaseous or vaporous form: Number 6;
d.
for organic substances in gaseous, vaporous or particulate form: Number 7;
e.
for carcinogens: Number 8.

2 Substances not listed in Numbers 5–8 shall be assigned to the substance classes which have comparable effects on the environment. Account shall be taken in particular of degradability and bio-accumulability, toxicity, the effects of decomposition processes and transformation products, and odour intensity.

32 Limitation of emissions dependent on installation size

1 If there is more than one emission source and if emission limitation requirements depend on the size of an installation (e.g. capacity or mass flow), the authorities shall determine which emission sources shall collectively be considered to constitute a single installation.

2 Emission sources are generally to be considered as a single installation if they are situated in close proximity to each other and if their emissions:

a.
essentially contain the same or similar pollutants; or
b.
can be reduced using the same technology.

3 Parts of an installation which only serve as back-ups in the event of malfunctions are not taken into account when determining the size of the installation.

4 Emission limit values which depend on a certain mass flow shall only apply if:

a.
this mass flow is reached or exceeded for more than five hours per week; or
b.
double this mass flow is reached or exceeded for a shorter period.

4 Dust

41 Limit value for total dust

If the mass flow of dust is 0.20 kg/h or more, total dust emissions must not exceed 20 mg/m3.

42 Limitation of exposure to components of dust

The requirements specified in Numbers 5, 7 and 8 apply for the limitation of exposure to individual components of dust.

43 Measures relating to treatment, storage, transshipment and transport

1 If significant dust emissions may occur in commercial or industrial facilities as a result of processes such as the conveyance, crushing, sorting or filling of dust-forming materials, the dust-containing flue gases must be captured and fed into a dust removal system.

2 When dust-forming materials are stored or transshipped in the open, measures must be taken to prevent significant dust emissions.

3 When dust-forming materials are transported, transport equipment must be used which prevents significant dust emissions.

4 If traffic on factory roads may cause significant dust emissions, the roads must be kept free of dust.

5 Inorganic substances, mainly in the form of dust

51 Limit values

1 The emission concentration of the substances listed in Number 52 must not exceed the following values:

a.
Class 1 substances
at a mass flow of 1 g/h or more
0.2 mg/m3
b.
Class 2 substances
at a mass flow of 5 g/h or more
1 mg/m3
c.
Class 3 substances
at a mass flow of 25 g/h or more
5 mg/m3

2 The limit values apply to the total mass of an emitted substance, including gaseous and vaporous components in the flue gas.

3 If the flue gas contains several substances belonging to the same class, the limit value applies to the sum of these substances.

52 Table of inorganic substances, mainly in the form of dust

Substance

Expressed as

Class

Antimony1

and its compounds

Sb

3

Arsenic1

and its compounds, except arsine

As

2

Chromium1

and its compounds

Cr

3

Cobalt1

and its compounds

Co

2

Copper

and its compounds

Cu

3

Cyanides2

CN

3

Fluorides2

in dust form

F

3

Lead

and its compounds

Pb

3

Manganese

and its compounds

Mn

3

Mercury

and its compounds

Hg

1

Nickel1

and its compounds

Ni

2

Palladium

and its compounds

Pd

3

Platinum

and its compounds

Pt

3

Rhodium

and its compounds

Rh

3

Silica dust

in fine crystalline form

SiO2

3

Selenium

and its compounds

Se

2

Tellurium

and its compounds

Te

2

Thallium

and its compounds

Tl

1

Tin

and its compounds

Sn

3

Vanadium

and its compounds

V

3

1
If not listed as a carcinogenic compound under Number 8.
2
If readily soluble.

6 Inorganic substances in gaseous or vaporous form

61 Limit values

The emission concentration of any of the substances listed in Number 62 must not exceed the following values:

a.
For a Class 1 substance
at a mass flow of 10 g/h or more
1 mg/m3
b.
For a Class 2 substance
at a mass flow of 50 g/h or more
5 mg/m3
c.
For a Class 3 substance
at a mass flow of 300 g/h or more
30 mg/m3
d.
For a Class 4 substance
at a mass flow of 2500 g/h or more
250 mg/m3

62 Table of inorganic substances in gaseous or vaporous form

Substance

Class

Ammonia and ammonium compounds, expressed as ammonia

3

Arsine

1

Bromine and its gaseous or vaporous compounds, expressed as hydrogen bromide

2

Chlorine

2

Chlorine compounds, vaporous or gaseous inorganic chlorine compounds except cyanogen chloride and phosgene, expressed as hydrogen chloride

3

Cyanogen chloride

1

Fluorine and its vaporous or gaseous compounds, expressed as hydrogen fluoride

2

Hydrogen cyanide

2

Hydrogen phosphide

1

Hydrogen sulphide

2

Nitrogen oxides (nitrogen monoxide and nitrogen dioxide), expressed as nitrogen dioxide

4

Phosgene

1

Sulphur oxides (sulphur dioxide and sulphur trioxide), expressed as sulphur dioxide

4

7 Organic substances in gaseous, vaporous or particulate form

71 Limit values

1 The emission concentration of the substances listed in Number 72 must not exceed the following values:

a.
Class 1 substances
at a mass flow of 0.1 kg/h or more
20 mg/m3
b.
Class 2 substances
at a mass flow of 2.0 kg/h or more
100 mg/m3
c.
Class 3 substances
at a mass flow of 3.0 kg/h or more
150 mg/m3

2 Notwithstanding paragraph 1, the provisions on dust limitation specified in Number 41 apply to Class 2 and Class 3 organic substances in particulate form.

3 If the flue gas contains several substances belonging to the same class, the limit value applies to the sum of these substances.

4 If the flue gas contains substances of different classes, the sum of the substances at a total mass flow of 3.0 kg/h or more must not exceed the limit value of 150 mg/m3, in addition to the requirements specified in paragraphs 1 and 2.

5 Emissions of substances for which there is good cause to believe that they are carcinogenic75 and which are not listed as Class 1 substances in the Table under Number 72 must be controlled in accordance with paragraph 1 letter a.

6 Emissions of substances which are classified as ozone depleting substances in Annex 1.4 of the Ordinance of 18 May 200576 on Chemical Risk Reduction, but which are not listed as Class 1 substances in the Table under Number 72, must be controlled in accordance with paragraph 1 letter a. This is without prejudice to the provisions of Number 8.

75 Substances for which there is good cause to believe that they are carcinogenic means in particular those substances contained in Section III of the «List of MAK and BAT Values» (Maximum Concentrations and Biological Tolerance Values at the Workplace) issued by the German Research Foundation (DFG). Available from: VCH Verlags-AG, Postfach, CH-4020 Basel.

76 SR 814.81

72 Table of organic substances in gaseous, vaporous or particulate form

Substance

Molecular formula

Class

Acetaldehyde

C2H4O

1

Acetic acid

C2H4O24

2

Acetic acid butyl ester (see Butyl acetate)

Acetic acid ethyl ester (see Ethyl acetate)

Acetic acid methyl ester (see Methyl acetate)

Acetic acid vinyl ester (see Vinyl acetate)

Acetic ester (see Ethyl acetate)

Acetone

C3H6O

3

Acrolein (see 2-Propenal)

Acrylic acid

C3H4O2

1

Acrylic acid ethyl ester (see Ethyl acrylate)

Acrylic acid methyl ester (see Methyl acrylate)

Alkanes, except methane

3

Alkenes, except 1,3-butadiene and ethene

3

Alkyl alcohols

3

Alkyl lead compounds

1

Aniline

C6H7N

1

Benzoic acid methyl ester (see Methyl benzoate)

Biphenyl

C12H10

1

Bis(2-ethylhexyl)phthalate (see Di(2-ethylhexyl)phthalate)

Bromomethane

CH3Br

1

2-Butanone

C4H8O

3

2-Butoxyethanol

C6H14O2

2

Butyl acetate

C6H12O2

3

Butyl glycol (see 2-Butoxyethanol)

Butyraldehyde

C4H8O

2

Carbon disulphide

CS2

2

Carbon tetrachloride (see Tetrachloromethane)

CFCs, chlorofluorocarbons, fully halogenated, with up to 3 C atoms

1

Chloroacetaldehyde

C2H3ClO

1

Chlorobenzene

C6H5Cl

2

Chloroacetic acid

C2H3ClO2

1

Chloroethane

C2H5Cl

1

Chloromethane

CH3Cl

1

Chloroform (see Trichloromethane)

2-Chloroprene (see 2-Chloro-1,3-butadiene)

2-Chloropropane

C3H7Cl

2

Cresols

C7H8O

1

Cumene (see Isopropylbenzene)

Cyclohexanone

C6H10O

1

Diacetone alcohol (see 4-Hydroxy-4-methyl-2-pentanone)

Dibutyl ether

C8H18O

3

1,2-Dichlorobenzene

C6H4Cl2

1

1,1-Dichloroethane

C2H4Cl2

2

1,1-Dichloroethene

C2H2Cl2

1

1,2-Dichloroethene

C2H2Cl2

3

Dichloromethane

CH2Cl2

1

Dichlorophenols

C6H4Cl2O

1

Diethanolamine (see 2,2'-Iminodiethanol)

Diethylamine

C4H11N

1

Diethyl ether

C4H10O

3

Di(2-ethylhexyl)phthalate

C24H38O4

2

Diisopropyl ether

C6H14O

3

Diisobutyl ketone (see 2,6-Dimethyl-4-heptanone)

Dimethylamine

C2H7N

1

Dimethyl ether

C2H6O

3

N,N-Dimethylformamide

C3H7NO

2

2,6-Dimethyl-4-heptanone

C9H18O

2

Dioctyl phthalate (see Di(2-ethylhexyl)phthalate)

1,4-Dioxane

C4H8O2

1

Diphenyl (see Biphenyl)

Ethanol (see Alkyl alcohols)

Ethene

C2H4

1

Ether (see Diethyl ether)

2-Ethoxyethanol

C4H10O2

2

Ethyl acetate

C4H8O2

3

Ethyl acrylate

C5H8O2

1

Ethylamine

C2H7N

1

Ethylbenzene

C8H10

2

Ethyl chloride (see Chloroethane)

Ethylene glycol

C2H6O2

3

Ethylene glycol monobutyl ether (see 2-Butoxyethanol)

Ethylene glycol monoethyl ether (see 2-Ethoxyethanol)

Ethylene glycol monomethyl ether (see 2-Methoxyethanol)

Ethyl glycol (see 2-Ethoxyethanol)

Ethyl methyl ketone (see 2-Butanone)

Formaldehyde

CH2O

1

Formic acid

CH2O2

1

Formic acid dimethyl amide (see N,N-Dimethylformamide)

Formic acid methyl ester (see Methyl formate)

2-Furaldehyde

C5H4O2

1

Furfural (see 2-Furaldehyde)

Furfuryl alcohol

C5H6O2

2

Glycol (see Ethylene glycol)

Halons, bromofluorocarbons, fully halogenated, with up to 3 C atoms

1

HBFCs, hydrobromofluorocarbons, partially halogenated, with up to 3 C atoms

1

HCFCs, hydrochlorofluorocarbons, partially halogenated, with up to 3 C atoms

1

4-Hydroxy-4-methyl-2-pentanone

C6H12O2

3

2,2'-Iminodiethanol

C4H11NO2

2

Isopropenylbenzene

C9H10

2

Isopropylbenzene

C9H12

2

Maleic anhydride

C4H2O3

1

Mercaptans (see Thiols)

Methacrylic acid methyl ester (see Methyl methacrylate)

Methanol (see Alkyl alcohols)

2-Methoxyethanol

C3H8O2

2

Methyl acetate

C3H6O2

2

Methyl acrylate

C4H6O2

1

Methylamine

CH5N

1

Methyl benzoate

C8H8O2

3

Methyl chloride (see Chloromethane)

Methyl chloroform (see 1,1,1,-Trichloroethane)

Methylcyclohexanone

C7H12O

2

Methylene chloride (see Dichloromethane)

Methyl ethyl ketone (see 2-Butanone)

Methyl formate

C2H4O2

2

Methyl glycol (see 2-Methoxyethanol)

Methyl isobutyl ketone (see 4-Methyl-2-pentanone)

Methyl methacrylate

C5H8O2

2

4-Methyl-2-pentanone

C6H12O

3

4-Methyl-m-phenylene diisocyanate

C9H6N2O2

1

N-Methyl pyrrolidone

C5H9NO

3

Naphthalene

C10H8

1

Nitrobenzene

C6H5NO2

1

Nitrocresols

C7H7NO3

1

Nitrophenols

C6H5NO3

1

Nitrotoluenes,except 2-nitrotoluene

C7H7NO2

1

Olefin hydrocarbons (see Alkenes)

3

Paraffin hydrocarbons (see Alkanes)

3

Perchloroethylene (see Tetrachloroethylene)

Phenol

C6H6O

1

Phthalic acid dioctyl ester (see Di(2-ethylhexyl)phthalate)

Pinenes

C10H16

3

2-Propenal

C3H4O

1

Propionaldehyde

C3H6O

2

Propionic acid

C3H6O2

2

Pyridine

C5H5N

1

Styrene

C8H8

2

1,1,2,2-Tetrachloroethane

C2H2Cl4

1

Tetrachloroethylene

C2Cl4

1

Tetrachloromethane

CCl4

1

Tetrahydrofuran

C4H8O

2

Thiols

1

Thioether

1

Toluene

C7H8

2

Toluene diisocyanate (see 4-Methyl-m-phenylene diisocyanate)

Tolylene-2,4-diisocyanate (see 4-Methyl-m-phenylene diisocyanate)

1,1,1-Trichloroethane

C2H3Cl3

1

1,1,2-Trichloroethane

C2H3Cl3

1

Trichloromethane

CHCl3

1

Trichlorophenols

C6H3OCl3

1

Triethylamine

C6H15N

1

Trimethylbenzenes

C9H12

2

Vinyl acetate

C4H6O2

1

Wood dust, respirable (except beech and oak wood dust)

1

Xylenols, except 2,4-xylenol

C8H10O

1

2,4-Xylenol

C8H10O

2

Xylenes

C8H10

2

8 Carcinogens

81 Definition

Carcinogens means those substances which are designated as carcinogenic (C) in the list of limit values for exposure at the workplace77 published by the Swiss Accident Insurance Fund (SUVA).

77List of limit values for exposure at the workplace, available from: Schweizerische Unfallversicherungsanstalt SUVA, Postfach, 6002 Luzern.

82 Limitation of emissions

1 Irrespective of the risk of carcinogen exposure, emissions of carcinogens shall be limited as far as is technically and operationally feasible and economically acceptable.

2 Emissions of the carcinogens listed in Number 83 shall be limited at least to such an extent that emission concentrations do not exceed the following values:

a.
Class 1 substances
at a mass flow of 0.5 g/h or more
0.1 mg/m3
b.
Class 2 substances
at a mass flow of 5 g/h or more
1 mg/m3
c.
Class 3 substances
at a mass flow of 25 g/h or more
5 mg/m3

3 If the flue gas contains several substances belonging to the same class, the limitation requirements specified in paragraph 2 apply to the sum of these substances.

83 Table of carcinogens

Substance

Molecular formula

Class

Acrylonitrile

C3H3N

3

Antimony trioxide (in respirable form), expressed as Sb

Sb

2

Arsenic trioxide and arsenic pentoxide, arsenious acid and its salts, arsenic acid and its salts (in respirable form), expressed as As

As

2

Asbestos (chrysotile, crocidolite, amosite, anthophyllite, actinolite, tremolite) in the form of fine dust

1

Beech wood dust, respirable

3

Benzene

C6H6

3

Benzo[a]pyrene

C20H12

1

Beryllium and its compounds in respirable form, expressed as Be

Be

1

Bromomethane

C2H7Br

3

1,3-Butadiene

C4H6

3

Cadmium and its compounds cadmium chloride, cadmium oxide, cadmium sulphate, cadmium sulphide, and other bioavailable compounds (in respirable form), expressed as Cd

Cd

1

2-Chloro-1,3-butadiene

C4H5Cl

3

1-Chloro-2,3-epoxypropane

C3H5ClO

3

α-Chlorotoluene

C7H7Cl

3

α-Chlorotoluenes; mixtures of -chlorotoluene, α, α‑dichlorotoluene, α, α, α-trichlorotoluene and benzyl chloride

3

Chromium(VI) compounds (in respirable form) as calcium chromate, chromium(III) chromate, strontium chromate and zinc chromate, expressed as Cr

Cr

2

Cobalt (in the form of respirable dusts or aerosols of cobalt metal and poorly soluble cobalt salts), expressed as Co

Co

2

Dibenzo(a,h)anthracene

C22H14

1

1,2-Dibromoethane

C2H4Br2

3

1,4-Dichlorobenzene

C6H4Cl2

3

3,3’-Dichlorobenzidine

C12H10N2Cl2

2

1,2-Dichloroethane

C2H4Cl2

3

Diesel soot

3

Diethyl sulphate

C4H10O4S

2

Dimethyl sulphate

C2H6O4S

2

Epichlorohydrin (see 1-Chloro-2,3-epoxypropane)

1,2-Epoxypropane

C3H6O

3

Ethylene imine

C2H5N

2

Ethylene oxide

C2H4O

3

Hydrazine

H4N2

3

2-Naphthylamine

C10H9N

1

Nickel (in the form of respirable dusts or aerosols of nickel metal, nickel sulphide and sulphide ores, nickel oxide and nickel carbonate, nickel tetracarbonyl), expressed as Ni

Ni

2

2-Nitrotoluene

C7H7NO2

3

Oak wood dust, respirable

3

o-Toluidine

C7H9N

3

Trichlorethylene

C2HCl3

3

Vinyl chloride

C2H3Cl

3

N-Vinyl-2-pyrrolidone

C6H9NO

3

Annex 2 78

78 Revised by No II of the O of 20 Nov. 1991 (AS 1992124), of 15 Dec. 1997 (AS 1998223), Annex 2 No 5 of the O of 23 June 1999 on Plant Protection Products (AS 19992045), No II of the O of 30 Apr. 2003 (AS 2003 1345), Annex 3 No II 5 of the O of 22 June 2005 on Movements of Waste (AS 2005 4199), No II of the O of 4 July 2007 (AS 2007 3875), of the O of 18 June 2010 (AS 2010 2965), of 14 Oct. 2015 (AS 2015 4171), Annex 6 No 7 of the Waste Ordinance of 4 Dec. 2015 (AS 2015 5699), No I of the O of 3 March 2017 (AS 2017715) and No II of the O of 11 April 2018, in force since 1 June 2018 (AS 2018 1687). The correction of 24 April 2018 concerns the French text only (AS 2018 1651).

(Art. 3 para. 2 let. a)

Additional or different emission limitation requirements for particular installations

Contents

1 Non-metallic mineral products

11 Cement and lime kilns

12 Installations for firing ceramic products using clay

13 Installations for the production of glass

14 Asphalt mixing plants

2 Chemistry

21 Installations for the production of sulphuric acid

22 Installations using the Claus process

23 Installations for the production of chlorine

24 Installations for the production of 1,2-dichloroethane and vinyl chloride

25 ...

26 Production and packaging of plant protection products

27 Installations for the production of carbon black

28 Installations for the production of carbon (hard-burnt coal) or electrographite by means of incineration

29 Installations for the production of nitric acid

3 Mineral oil industry

31 Refineries

32 Large storage tank installations

33 Installations for transshipment of petrol

4 Metals

41 Foundries

42 Cupolas

43 Aluminium smelters

44 Installations for refining non-ferrous metals

45 Galvanising installations

46 Installations for the production of lead-acid batteries

47 Heating furnaces and heat treatment furnaces

48 Electric steel plants

5 Agriculture and foodstuffs

51 Stock rearing

52 Smoking installations

53 Installations for rendering and for dung drying

54 Installations for drying green fodder

55 ...

56 Installations for roasting coffee and cocoa

6 Coating and printing

61 Installations for coating and printing with organic substances

7 Waste

71 Installations for incineration of municipal and special waste

72 Installations for incineration of waste wood, paper and similar waste

73 Installations for incineration of sulphite waste liquor from pulp manufacture

74 Installations for incineration of biogenic waste and products of agriculture

8 Other installations

81 Installations in which products are treated by direct contact with furnace flue gases

82 Stationary internal combustion engines

83 Gas turbines

84 Installations for the production of particle board

85 Dry cleaning (clothes)

86 Crematoria

87 Surface treatment installations

88 Construction sites

1 Non-metallic mineral products

11 Cement and lime kilns

111 Fuels and waste

1 Number 81 does not apply to cement kilns.

2 Waste may only be used in cement kilns if it is suitable for this purpose in accordance with Article 24 of the Waste Ordinance of 4 December 201579.

79 SR 814.600

111 Reference valuebis

Emission limit values are based on a flue gas oxygen content of 10 % (% vol).

112 Nitrogen oxides

Emissions of nitrogen oxides (nitrogen monoxide and nitrogen dioxide), expressed as nitrogen dioxide, shall be limited as far as is technically and operationally feasible and economically acceptable, but at least to 500 mg/m3.

113 Sulphur oxides

Emissions of sulphur oxides, expressed as sulphur dioxide, must not exceed 500 mg/m3.

114 Gaseous organic substances

1 The emission limits in Annex 1 Number 7 do not apply.

2 Emissions of gaseous organic substances are expressed as total carbon and must not exceed 80 mg/m3.

115 Dust

Dust emissions must not exceed 20 mg/m3.

116 Mercury and cadmium

Emissions of mercury and cadmium and compounds, expressed as metals, must not exceed 0.05 mg/m3 in either case.

117 Lead and zinc

Emissions of lead and zinc and compounds, expressed as metals, must not exceed 1 mg/m3in total.

118 Dioxins and furans

Emissions of polychlorinated dibenzo-p-dioxins (dioxins) and dibenzofurans (furans) expressed as the sum of the toxicity equivalents in accordance with EN 1948-180 must not exceed 0.1 ng/m3.

80 This standard may be viewed free of charge or obtained for a fee from the Swiss Association for Standardisation, Sulzerallee 70, 8404Winterthur; www.snv.ch.

119 Monitoring

1 The flue gas content of the following must be continuously measured and recorded:

a.
nitrogen oxides;
b.
sulphur oxides;
c.
gaseous organic substances;
d.
dust.

2 Any person who uses wastes containing organic compounds as a raw material in the production of cement must in addition to paragraph 1:

a.
continuously measure and record the benzene content in the flue gas;
b.
check each year in particular whether the emission limit values for benzo(a)pyrene and dibenzo(a,h)anthracene are being met.

12 Installations for firing ceramic products using clay

121 Reference value

Emission limit values are based on a flue gas oxygen content of 18 % (v/v).

122 Fluorine compounds

1 The emission limitation requirements specified for fluorine compounds in Annex 1 Numbers 5 and 6 do not apply.

2 Emissions of fluorine compounds, expressed as hydrogen fluoride, must not exceed 250 g/h.

123 Nitrogen oxides

Emissions of nitrogen oxides (nitrogen monoxide and nitrogen dioxide), expressed as nitrogen dioxide, shall be limited as far as is technically and operationally feasible and economically acceptable but, at a mass flow of 2000 g/h or more, at least to 150 mg/m3.

124 Organic substances

1 The emission limitation requirements specified in Annex 1 Number 7 do not apply.

2 Emissions of gaseous and vaporous organic substances shall be expressed as total carbon and must not exceed 100 mg/m3.

125 Relation to Number 81

The provisions of Number 81 apply.

13 Installations for the production of glass

131 Scope

The provisions of this Number apply to installations which produce more than 2 tonnes of glass per year.

132 Reference value

Emission limit values are based on the following flue gas oxygen contents:

a.
for flame-heated glass melting furnaces: 8 % (v/v)
b.
for flame-heated pot furnaces:13 % (v/v)

133 Nitrogen oxides

1 The emission limitation requirement specified for nitrogen oxides in Annex 1 Number 6 does not apply.

2 Emissions of nitrogen oxides (nitrogen monoxide and nitrogen dioxide), expressed as nitrogen dioxide, shall be limited as far as is technically and operationally feasible and economically acceptable, but at least so that they do not exceed the following limit values:

a.
container glass: 2.5 kg per tonne of glass produced
b.
other glass:6.5 kg per tonne of glass produced

134 ...

135 Sulphur oxides

Emissions of sulphur oxides from the raw material, expressed as sulphur dioxide, must not exceed 500 mg/m3.

136 Relation to Number 81

The provisions of Number 81 apply.

14 Asphalt mixing plants

141 Reference value

The emission limit values are based on a flue gas oxygen content of 17 per cent (% vol).

142 Structural and operational requirements

1 The flue gases from the mixer shall be captured and fed into a flue gas purification system.

2 The gas displacement procedure must be used to fill the bitumen storage tank.

143 Dust

Dust emissions must not exceed 20 mg/m3.

144 Gaseous organic substances

1 The emission limits specified in Annex 1 Number 7 do not apply.

2 Emissions of gaseous organic substances are expressed as total carbon and must not exceed 80 mg/m3.

145 Nitrogen oxides

Emissions of nitrogen oxides (nitrogen monoxide and nitrogen dioxide), expressed as nitrogen dioxide, must not exceed 100 mg/m3..

146 Carbon monoxide

Emissions of carbon monoxide must not exceed 500 mg/m3.

147 Monitoring

1 The periodical measurement and inspection in accordance with Article 13 paragraph 3 must be repeated annually.

2 The temperatures in the mineral and asphalt granulate drums must be continuously measured and recorded.

2 Chemistry

21 Installations for the production of sulphuric acid

211 Scope

The provisions of this Number apply to installations for the production of sulphur dioxide, sulphur trioxide, sulphuric acid and oleum.

212 Sulphur dioxide

1 The emission limitation requirement specified for sulphur dioxide in Annex 1 Number 6 does not apply.

2 Emissions of sulphur dioxide must not exceed 2.6 kg per tonne of 100 % sulphuric acid.

213 Sulphur trioxide

Emissions of sulphur trioxide must not exceed 60 mg/m3 under constant gas conditions, and 120 mg/m3 in all other cases.

22 Installations using the Claus process

221 Sulphur

The sulphur emission ratio must not exceed the following limit values:

For installations with a production capacity of

Limit value in % (m/m)

less than 20 t/day

3.0

20–50 t/day

2.0

more than 50 t/day

0.5

222 Hydrogen sulphide

1 The flue gases shall be subjected to afterburning.

2 Emissions of hydrogen sulphide must not exceed 10 mg/m3.

23 Installations for the production of chlorine

231 Chlorine

1 Emissions of chlorine must not exceed 3 mg/m3.

2 In the case of installations for the production of chlorine with complete liquefaction, emissions of chlorine must not exceed 6 mg/m3.

232 Mercury

With alkali metal chloride electrolysis by the amalgam process, mercury emissions must not exceed an annual average of 1.5 g per tonne of installed chlorine capacity.

24 Installations for the production of 1,2-dichloroethane and vinyl chloride

1 The flue gas shall be subjected to flue gas purification.

2 The emission limitation requirement specified for 1,2-dichloroethane and vinyl chloride in Annex 1 apply irrespective of the mass flows specified therein.

25 ...

26 Production and packaging of plant protection products

1 Any person who produces or packages plant protection products must inform the cantonal environmental protection agency.

2 The authorities shall specify preventive emission limitation requirements for total dust in accordance with Article 4; Annex 1 Number 41 does not apply.

27 Installations for the production of carbon black

Particulate emissions must not exceed a total of 20 mg/m3.

28 Installations for the production of carbon or electrographite by means of heating

281 Organic substances

1 Emissions of organic substances, expressed as total carbon, must not exceed the emission limitation requirements specified in Numbers 282–284.

2 The emission limitation requirements specified in Annex 1 Number 7 do not apply.

282 Mixing and moulding

Emissions of organic substances in the flue gas of mixing and moulding installations where pitch, tar or other volatile binding agents or plasticisers are processed at a high temperature must not exceed 100 mg/m3.

283 Incineration

1 Emissions of organic substances in the flue gas of single chamber furnaces, multi-chamber furnaces and tunnel furnaces must not exceed 50 mg/m3.

2 Emissions of gaseous organic substances in the flue gas of ring furnaces for graphite electrodes, carbon electrodes and carbon bricks must not exceed 200 mg/m3.

284 Impregnation

Emissions of organic substances in the flue gas of impregnation installations which use tar-based impregnation agents must not exceed 50 mg/m3.

285 Relation to Number 81

The provisions of Number 81 also apply to installations in which products are treated by direct contact with furnace flue gases.

29 Installations for the production of nitric acid

291 Nitrogen oxides

Emissions of nitrogen oxides (nitrogen monoxide and nitrogen dioxide), expressed as nitrogen dioxide, shall be limited as far as is technically and operationally feasible and economically acceptable, but at least to 190 mg/m3.

3 Mineral oil industry

31 Refineries

311 Definition and scope

The provisions of this Number apply to installations for the distillation or refining of mineral oil and mineral oil products and to other installations for the production of hydrocarbons.

312 Refinery furnaces

312.1 Reference values  

1 The emis­sion lim­it val­ues are based on a flue gas oxy­gen con­tent of 3% v/v.

2 The emis­sion lim­it­a­tion re­quire­ments for re­finery fur­naces are de­term­ined by the total rated thermal in­put of the re­finery.
312.2 Sulphur oxides  

Emis­sions of sul­phur ox­ides, ex­pressed as sul­phur di­ox­ide, must not ex­ceed the fol­low­ing emis­sion con­cen­tra­tions:

a.
with a rated thermal in­put of up to 300 MW:350 mg/m3
b.
with a rated thermal in­put of more than 300 MW:100 mg/m3
312.3 Nitrogen oxides  

Emis­sions of ni­tro­gen ox­ides (ni­tro­gen monox­ide and ni­tro­gen di­ox­ide), ex­pressed as ni­tro­gen di­ox­ide, must not ex­ceed 300 mg/m3.

313 Storage

1 Floating-roof tanks, fixed-roof tanks with internal floating cover, fixed-roof tanks connected to the refinery gas line or equivalent measures shall be provided for the storage of crude oils and refining products which have a vapour pressure of more than 13 mbar at a temperature of 20 °C. Floating-roof tanks shall be equipped with effective seals.

2 Fixed-roof tanks shall be equipped with forced ventilation, and the gases arising shall be fed to a gas collection or afterburning system if:

a.
liquids are stored which, under storage conditions, may emit Class 1 substances as specified in Annex 1 Number 7 or substances specified in Annex 1 Number 8; and
b.
the expected emissions exceed the mass flows specified in Annex 1.

314 Other emission sources

1 Any organic gases or vapours released shall be collected using a gas collection system. They shall be reused, fed to a gas purification or afterburning system, or burnt off. This provision applies in particular to:

a.
pressure relief and blowdown systems;
b.
process plants;
c.
regeneration of catalysts;
d.
inspection and cleaning activities;
e.
start-up and shut-down processes; and
f.
transfer of raw materials, intermediate products and finished products which have a vapour pressure of more than 13 mbar at a temperature of 20 °C.

2 Emergency and fire relief systems are not required to be connected to a gas collection system.

315 Hydrogen sulphide

1 Gases from desulphurisation installations and other sources shall be further processed if they simultaneously meet the following conditions:

a.
volume content of hydrogen sulphide more than 0.4 %
b.
mass flow of hydrogen sulphide more than 2 t/day

2 Emissions of hydrogen sulphide in gases which are not further processed must not exceed 10 mg/m3.

316 Process water and ballast water

1 Process water or excess ballast water must be degassed before it is discharged into an open system.

2 The flue gases produced shall be purified by scrubbing or combustion.

32 Large storage tank installations

321 Definition and scope

The provisions of this Number apply to large storage tank installations with a capacity of more than 500 m3 per tank which are intended for the storage of products with a vapour pressure of more than 1 mbar at a temperature of 20 °C.

322 Storage

Fixed-roof tanks with internal floating cover, floating-roof tanks equipped with effective seals or other equivalent measures to reduce emissions shall be provided for storage.

33 Installations for transshipment of petrol

1 The filling of road tankers, tank wagons or similar transport containers with automotive or aviation petrol must be carried out using bottom loading or other equivalent measures to reduce emissions.

2 The emission limitation requirements specified in Annex 1 Numbers 7 and 8 do not apply to petrol stations.

3 Petrol stations shall be equipped and operated in such a way that:

a.
the organic gases and vapours displaced during delivery at the petrol station are collected and returned to the transport container (vapour recovery); the vapour recovery system and connected equipment shall not have any openings to the air during vapour recovery under normal operating conditions;
b.
when vehicles with standardised fuel tank filler pipes81 are filled, no more than 10 % of the organic substances contained in the displaced air shall be emitted; this requirement shall be deemed to be met if results to this effect are available from an official measurement agency and if the vapour recovery system is properly installed and operated.

4 The provisions of paragraph 3 letter b do not apply when low-volume dispensing devices are used for filling.

81 ISO 13331 This standard may be viewed free of charge or obtained for a fee from the Swiss Association for Standardisation, Sulzerallee 70, 8404Winterthur; www.snv.ch.

4 Metals

41 Foundries

411 Amines

Emissions of amines arising during core making must not exceed 5 mg/m3.

412 Relation to Number 81

The provisions of Number 81 also apply to installations in which products are treated by direct contact with furnace flue gases.

42 Cupolas

421 Dust

Total dust emissions must not exceed 20 mg/m3.

422 Carbon monoxide

Emissions of carbon monoxide in flue gas must not exceed 1000 mg/m3 for hot‑blast furnaces with a recuperative heat exchanger.

423 Relation to Number 81

The provisions of Number 81 apply.

43 Aluminium smelters

431 Fluorine compounds

1 The emission limitation requirements specified for fluorine compounds in Annex 1 Numbers 5 and 6 do not apply.

2 Emissions of fluorine compounds, expressed as hydrogen fluoride, must not exceed a total of 700 g per tonne of aluminium produced.

3 Emissions of gaseous fluorine compounds, expressed as hydrogen fluoride, must not exceed 250 g per tonne of aluminium produced.

432 Assessment of emissions

For comparison with the emission limit values, the measured emissions shall be averaged over an operating period of one month.

44 Installations for refining non-ferrous metals

441 Organic substances

1 The emission limitation requirements specified in Annex 1 Number 7 do not apply.

2 Emissions of organic substances, expressed as total carbon, must not exceed 50 mg/m3.

442 Relation to Number 81

The provisions of Number 81 also apply to installations in which products are treated by direct contact with furnace flue gases.

45 Galvanising installations

451 Dust

Total dust emissions must not exceed 10 mg/m3.

452 Additional provisions for hot-dip galvanising installations

1 The emission limit values are based on an exhaust air volume of 3000 m3 per square metre of zinc bath surface area per hour.

2 At least 80 % of emissions from the zinc bath shall be captured by enclosures, hoods, lip extraction systems or similar measures.

3 Emissions are only to be measured during dipping. Each dipping period begins with the first and ends with the last contact of the material to be galvanised with the galvanising bath.

46 Installations for the production of lead-acid batteries

461 Lead

1 The flue gases from the installations shall be captured and fed into a dust removal system.

2 Emissions of lead must not exceed 1 mg/m3.

462 Sulphuric acid vapours

1 Sulphuric acid vapours generated during plate formation shall be captured and fed into a flue gas purification system.

2 Emissions of sulphuric acid, expressed as H2SO4, must not exceed 1 mg/m3.

463 Relation to Number 81

The provisions of Number 81 also apply to installations in which products are treated by direct contact with furnace flue gases.

47 Heating furnaces and heat treatment furnaces

471 Scope

The provisions of this Number apply to heating furnaces and heat treatment furnaces with a rated thermal input of more than 100 kW which are fired with gaseous fuels as specified in Annex 5 Number 4 letters a–c.

472 Reference value

The emission limit values are based on a flue gas oxygen content of 5 % (v/v).

473 Nitrogen oxides

Emissions of nitrogen oxides, expressed as nitrogen dioxide, must not exceed the limit values specified in the following diagram.

Diagram:

474 Measurements

Emissions shall be measured at not less than 80 % of the rated load and at the highest operating temperature in each case.

475 Relation to Number 81

The provisions of Number 81 apply.

48 Electric steel plants

481 Scope

The provisions of this number apply to installations for electric steel production, including continuous casting with a melting capacity of more than 2.5 tonnes of steel per hour.

482 Dust

Dust emissions must not exceed a total of 5 mg/m3.

483 Dioxins and furans

The emissions of polychlorinated dibenzo-p-dioxins (dioxins) and dibenzofurans (furans) produced in electric arc furnaces expressed as the sum of the toxicity equivalents in accordance with EN 1948-182, must not exceed 0.1 ng/m3.

82 This standard may be viewed free of charge or obtained for a fee from the Swiss Association for Standardisation, Sulzerallee 70, 8404Winterthur; www.snv.ch.

5 Agriculture and foodstuffs

51 Stock rearing

511 Scope

The provisions of this Number apply to installations for traditional stock rearing and intensive stock rearing.

512 Minimum distance

When installations are constructed, the minimum distances from residential areas required in accordance with the recognised rules of stock rearing shall be observed. These include, in particular, the recommendations of the Swiss Federal Research Station for Farm Management and Agricultural Engineering.83

83 Available from: Forschungsanstalt Agroscope Reckenholz-Tänikon (ART), 8356 Ettenhausen.

513 Ventilation systems

Ventilation systems must comply with the recognised rules of ventilation engineering. These include, in particular, the recommendations given in the Swiss Standard on Climatisation of Animal Houses.84

84 Available from: Institute of Plant, Animal and Agroecosystem Sciences, Universitätstr.2, CH-8092 Zürich, Switzerland.

514 Ammonia

The authority shall specify the preventive emission limits in terms of Article 4; Annex 1 Number 62 does not apply. The FOEN shall issue recommendations.

52 Smoking installations

521 Scope

The provisions of this Number apply to installations for smoking meat, sausages and fish.

522 Smoke production

Number 81 does not apply.

523 Organic substances

1 The emission limitation requirements specified in Annex 1 Number 7 do not apply.

2 Emissions of organic substances shall be expressed as total carbon. They must not exceed the following limit values:

a.
For hot smoking
at a mass flow of 50 g/h or more
50 mg/m3
b.
For cold smoking
at a mass flow of 50 g/h to 300 g/h
120 mg/m3
c.
For cold smoking
at a mass flow of over 300 g/h
50 mg/m3

53 Installations for rendering and for dung drying

531 Definition and scope

The provisions of this Number apply to:

a.
rendering installations.
b.
installations where animal carcasses, parts of animal carcasses, and products of animal origin are collected and stored for use or disposal in rendering installations;
c.
installations for melting animal fats;
d.
installations for producing gelatine, haemoglobin and animal feed products;
e.
installations for dung drying.

532 Structural and operational requirements

1 Processing installations and storage facilities where odours may develop shall be housed in closed rooms.

2 Strong-smelling flue gases shall be captured and fed into a flue gas purification system.

3 Raw and intermediate products shall be stored in sealed containers.

533 Relation to Number 81

The provisions of Number 81 also apply to installations in which products are treated by direct contact with furnace flue gases.

54 Installations for drying green fodder

541 Scope

The provisions of this Number apply to installations in which grass, maize plants and similar green fodder, marc, potatoes and sugar beet chips are dried.

542 Dust

Dust emissions shall be limited as far as is technically and operationally feasible and economically acceptable, but at least to 150 mg/m3.

543 Relation to Number 81

The provisions of Number 81 also apply to installations in which products are treated by direct contact with furnace flue gases.

55 ...

56 Installations for roasting coffee and cocoa

561 Organic substances

1 The emission limitation requirements specified in Annex 1 Number 7 do not apply.

2 Emissions of gaseous and vaporous organic substances shall be expressed as total carbon. In the case of installations with a roasting capacity of more than 100 kg of raw product per hour, they must not exceed the following limit values:

a.
For installations with a roasting capacity of up to 750 kg/h: 150 mg/m3
b.
For installations with a roasting capacity of more than 750 kg/h: 50 mg/m3

562 Relation to Number 81

The provisions of Number 81 also apply to installations in which materials are treated by direct contact with furnace flue gases.

6 Coating and printing

61 Installations for coating and printing with organic substances

611 Scope

1 The provisions of this Number apply to:

a.
installations for coating and printing surfaces with organic substances such as paints, varnishes or plastics;
b.
installations for impregnation.

2 They apply to the application and flash-off zones and also to the attached drying and stoving installations.

612 Dust

Total dust emissions must not exceed the following limit values:

a.
For spray painting: 5 mg/m3
b.
For powder coating:15 mg/m3

613 Solvent emissions

1 The emission limitation requirements specified in Annex 1 Number 71 do not apply to gaseous and vaporous organic emissions of Class 2 and Class 3 substances as specified in Annex 1 Number 72.

2 These emissions shall be expressed as total carbon and at a mass flow of 3 kg/h or more they must not exceed a total of 150 mg/m3.

3 If paints are used which, in addition to water, exclusively contain up to 15% (m/m) ethanol as a solvent, emissions of ethanol must not exceed 300 mg/m3 at a mass flow of 3 kg/h or more.

614 Flue gases from drying and stoving installations

1 The emission limitation requirements specified in Annex 1 Number 7 do not apply to drying and stoving installations in which drying or stoving is carried out at temperatures of more than 120 °C.

2 Emissions of gaseous and vaporous organic substances shall be expressed as total carbon and at a mass flow of more than 250 g/h they must not exceed the following limit values:

a.
For web offset printing installations:20 mg/m3
b.
For all other installations:50 mg/m3

615 Relation to Number 81

The provisions of Number 81 also apply to installations in which products are treated by direct contact with furnace flue gases.

7 Waste

71 Installations for incineration of municipal and special waste

711 Scope and definitions

1 The provisions of this Number apply to installations in which municipal or special waste is incinerated or thermally decomposed. They are not applicable to installations for incinerating waste wood, paper and similar waste (Number 72) or sulphite waste liquor from pulp manufacture (Number 73), or to cement kilns (Number 11).

2 Municipal waste means waste from households and other waste of similar composition. It includes in particular:

a.
garden waste;
b.
market waste;
c.
road sweepings;
d.
office waste, packaging and food waste from the catering industry;
e.
pre-treated municipal waste;
f.
animal carcasses and meat waste;
g.
sludge from municipal wastewater treatment plants;
h.
waste gases as defined in Annex 5 Number 41 paragraph 2;
i.
waste as defined in Annex 5 Number 31 paragraph 2 letter b.

3 Special waste means waste classified as special waste in the list issued in accordance with Article 2 of the Ordinance of 22 June 200585 on Movements of Waste (OMW).

85 SR 814.610

712 Relation to Annex 1

1 The emission limitation requirements specified in Annex 1 Number 7 do not apply.

2 Where emission limitation requirements specified in Annex 1 apply, they apply irrespective of the mass flows specified therein.

713 Reference value and assessment of emissions

1 The emission limit values are based on the following flue gas oxygen contents:

a.
Plants for incinerating liquid waste: 3% (v/v)
b.
Plants for incinerating waste gases alone or together
with liquid waste: 3% (v/v)
c.
Plants for incinerating solid waste alone or together
with liquid waste or waste gases:11% (v/v)

2 For the assessment of emissions, the values obtained shall be averaged over an operating period of several hours.

714 Emission limit values

1 Emissions must not exceed the following limit values:

a.
Dust: 10 mg/m3
b.
Lead and zinc and their compounds, expressed as the
metals, in total: 1 mg/m3
c.
Mercury and cadmium and their compounds, expressed
as metals, in each case: 0.1 mg/m3
d.
Sulphur oxides, expressed as sulphur dioxide: 50 mg/m3
e.
Nitrogen oxides (nitrogen monoxide and nitrogen
dioxide), expressed as nitrogen dioxide, at a mass
flow of 2.5 kg/h or more: 80 mg/m3
f.
Gaseous inorganic chlorine compounds, expressed
as hydrogen chloride:20 mg/m3
g.
Gaseous inorganic fluorine compounds,
expressed as hydrogen fluoride: 2 mg/m3
h.
Ammonia and ammonium compounds,
expressed as ammonia: 5 mg/m3
i.
Gaseous organic substances, expressed as total carbon: 20 mg/m3
k.
Carbon monoxide:50 mg/m3
l.
Polychloriated dibenzo-p-dioxins (dioxins) and
dibenzofurans (furans), expressed as the sum of the
toxic equivalents in accordance with EN 1948-186 0.1 ng/m3

2 For installations with a nitrogen oxide content (nitrogen monoxide and nitrogen dioxide), expressed as nitrogen dioxide, of 1000 mg/m3 or more in the raw gas, the authorities may specify a less strict emission limit value for ammonia and ammonium compounds, notwithstanding paragraph 1 letter h.

86 This standard may be viewed free of charge or obtained for a fee from the Swiss Association for Standardisation, Sulzerallee 70, 8404Winterthur; www.snv.ch.

715 ...

716 Monitoring

1 The following shall be continuously measured and recorded:

a.
the temperature of the flue gases around the burnout zone and in the stack;
b.
the oxygen content of the flue gases after they leave the burnout zone;
c.
the carbon monoxide content of the flue gases.

2 Operation of the flue gas purification system shall be continuously monitored by measurement of an emission parameter or an appropriate operating parameter such as flue gas temperature, drop in pressure, or water flow rate of the flue gas scrubber.

717 Storage

Strong-smelling waste and waste which emits dangerous vapours shall be stored in closed bunkers, rooms or tank installations. The waste air shall be extracted and purified.

718 Prohibition on waste incineration in small installations

1 Municipal and special waste must not be incinerated in installations with a rated thermal input of less than 350 kW.

2 This prohibition does not apply to special waste from hospitals which, due to its composition, cannot be disposed of as municipal waste.

719 Incineration of particularly hazardous waste

1 In cases where emissions may be especially hazardous to the environment, the installation owner shall determine the emissions to be expected by means of preliminary tests with small amounts of waste and shall inform the authorities of the results before the waste is incinerated.

2 Emissions are regarded as particularly hazardous to the environment if they are both highly toxic and persistent, such as polyhalogenated aromatic hydrocarbons.

72 Installations for incineration of waste wood, paper and similar waste

721 Scope

1 The provisions of this Number apply to installations in which waste made up of the following types of substances is incinerated or thermally decomposed alone or together with wood fuels as specified in Annex 5:

a.
waste wood as specified in Annex 5 Number 31 paragraph 2 letter a;
b.
paper and cardboard;
c.
other waste which, when incinerated, gives off emissions similar to those produced by the waste listed under letters a and b.

2 If such waste is incinerated together with waste as specified in Number 711, the provisions of Number 71 apply.

3 The provisions of this Number do not apply to cement kilns (Number 11).

722 Reference value

The emission limit values are based on a flue gas oxygen content of 11% (v/v).

723 Dust

Dust emissions must not exceed the following limit values:

a.
For installations with a rated thermal input of up to 10 MW:20 mg/m3
b.
For installations with a rated thermal input of more than 10 MW:10 mg/m3

724 Lead and zinc

Combined emissions of lead and zinc must not exceed 5 mg/m3.

725 Organic substances

1 The emission limitation requirements specified in Annex 1 Number 7 do not apply.

2 Emissions of gaseous organic substances, expressed as total carbon, must not exceed 50 mg/m3.

726 Carbon monoxide and nitrogen oxides

1 Emissions of carbon monoxide must not exceed 250 mg/m3.

1bis In the case of installations with a rated thermal input of over 10 MW, emissions of carbon monoxide must not exceed 150 mg/m3.

2 In the case of installations with a rated thermal input of more than 10 MW, emissions of nitrogen oxides, expressed as nitrogen dioxide, must not exceed 150 mg/m3.

727 Combustion control

The installation shall be operated with an automatic combustion control system.

728 Prohibition on waste incineration in small installations

Waste as specified in Number 721 must not be incinerated in installations with a rated thermal input of less than 350 kW.

73 Installations for incineration of sulphite waste liquor from pulp manufacture

731 Sulphur oxides

1 The emission limitation requirement specified for sulphur oxides in Annex 1 Number 6 does not apply.

2 Emissions of sulphur oxides, expressed as sulphur dioxide, must not exceed 4.0 kg per tonne of waste liquor incinerated.

732 Assessment of emissions

For comparison with the emission limit values, the measured emissions shall be averaged over an operating period of 24 hours.

74 Installations for incineration of biogenic waste and products of agriculture

741 Scope

1 The provisions of this Number apply to installations in which solid biogenic waste and products of agriculture are incinerated or thermally decomposed alone or together with wood fuels as specified in Annex 5. Farmyard manure and other strong-smelling waste and products must not be either incinerated or thermally decomposed in such installations.

2 If such waste and products are incinerated together with waste as specified in Number 711 or Number 721, the provisions of Number 71 or Number 72 apply.

3 If such waste and products are incinerated together with other fuels as specified in Annex 5, the composite limit value specified in Annex 3 Number 82 applies.

4 The provisions of this Number do not apply to cement kilns (Number 11).

742 Emission limit values

Emissions must not exceed the following limit values:

Rated thermal input

up to 1 MW

over 1 MW up to 10 MW

over 10 MW

–
Reference value:
The limit values are based on a flue gas oxygen content of


% (v/v)


13


11


11

–
Total solids:

mg/m3

20

20

10

–
Carbon monoxide (CO)

mg/m3

500

250

150

–
Nitrogen oxides (NOx), expressed as nitrogen dioxide (NO2)1

mg/m3

250

250

150

1
At a mass flow of 2500 g/h or more

743 Prohibition on incineration in small installations

Solid biogenic waste and products of agriculture as specified in Number 741 must not be incinerated in installations with a rated thermal input of less than 70 kW.

8 Other installations

81 Installations in which products are treated by direct contact with furnace flue gases

1 Only fuels as specified in Annex 5 shall be used.

2 For emissions of sulphur oxides from the fuel, Annex 1 Number 6 does not apply. If coal or «medium» or «heavy» fuel oil is used, emissions of sulphur oxides, expressed as sulphur dioxide, shall be limited to such an extent that they are no higher than the unabated emissions arising from the use of a fuel quality with a sulphur content of 1.0 % (m/m).

3 For emissions of sulphur oxides from the treated materials, Annex 1 Number 6 applies.

82 Stationary internal combustion engines

821 Reference value

The emission limit values are based on a flue gas oxygen content of 5% (v/v).

822 Thermal and motor fuels

Stationary internal combustion engines may only be operated with gaseous thermal and motor fuels as specified in Annex 5 Number 41 paragraph 1, or with liquid thermal and motor fuels as specified in Annex 5 Number 132, with the exception of «medium» or «heavy» fuel oil

823 Solids

1 Particulate emissions must not exceed 10 mg/m3.

2 For the internal combustion engines of emergency generators, Number 827 paragraph 2 applies.

824 Nitrogen oxides and carbon monoxide

1 Emissions from stationary internal combustion engines must not exceed the following limit values:

Rated thermal input

Up to 100 kW

Over 100 kW

Over 1 MW

–
Carbon monoxide (CO)

mg/m3

–
when operating on gaseous thermal or motor fuels as specified in Annex 5 Number 41 paragraph 1

650

300

300

–
when operating on gaseous thermal or motor fuels as specified in Annex 5 Number 41 paragraph 1 letters d and e, if these fuels make up at least 80 % of the fuels used for annual operation

1300

650

300

–
when operating on liquid thermal or motor fuels

650

300

300

–
Nitrogen oxides (NOx), expressed as nitrogen dioxide (NO2)

mg/m3

–
when operating on gaseous thermal or motor fuels as specified in Annex 5 Number 41 paragraph 1

250

150

100

–
when operating on gaseous thermal or motor fuels as specified in Annex 5 Number 41 letters d and e, if these fuels make up at least 80 % of the fuels used for annual operation

400

250

100

–
when operating on liquid thermal or motor fuels

400

250

250

2 When operating a stationary internal combustion engine with a denitrification system, the emissions of ammonia and ammonia compounds, expressed as ammonia, must not exceed 30 mg/m3.

825 Test beds

For test beds for internal combustion engines, the authorities shall specify preventive emission limitation requirements in accordance with Article 4; Annex 1 and Annex 2 Numbers 821–824 do not apply.

826 Measurement and control

1 Periodical measurement and control in accordance with Article 13 paragraph 3 must be repeated every two years.

2 For internal combustion engines of emergency generators, Number 827 paragraph 3 applies.

827 Emergency generators

1 For internal combustion engines of emergency generators that are operated for a maximum of 50 hours each year, the authority shall specify the preventive emission limits in accordance with Article 4; Annex 1 Number 6, Annex 2 Number 824 and Annex 6 do not apply.

2 Particulate emissions must not exceed 50 mg/m3.

3 Periodical measurement and control in accordance with Article 13 paragraph 3 must be repeated every six years.

83 Gas turbines

831 Reference value

The emission limit values are based on a flue gas oxygen content of 15% (v/v).

832 Fuels

Gas turbines may only be operated with gaseous thermal and motor fuels as specified in Annex 5 Number 41 paragraph 1, or with liquid thermal and motor fuels as specified in Annex 5, with the exception of «medium» or «heavy» fuel oil.

833 Smoke number

When operating on liquid thermal or motor fuels, soot emissions must not exceed the smoke number 2 (Annex 1 Number 22).

834 Carbon monoxide

Emissions of carbon monoxide must not exceed the following limit values:

Rated thermal input

Up to 40 MW

Over 40 MW

–
Carbon monoxide (CO)

mg/m3

–
when operating on gaseous thermal or motor fuels as specified in Annex 5 Number 41 paragraph 1 or liquid thermal or motor fuels

100

35

–
when operating on gaseous thermal or motor fuels as specified in Annex 5 Number 41 paragraph 1 letters d and e, if these fuels make up at least 80 % of the fuels used for annual operation

240

35

835 Sulphur oxides

Emissions of sulphur oxides, expressed as sulphur dioxide, must not exceed 120 mg/m3 at a mass flow of 2.5 kg/h or more.

836 Nitrogen oxides and ammonia

1 Emissions of nitrogen oxides (nitrogen monoxide and nitrogen dioxide), expressed as nitrogen dioxide, must not exceed the following limit values:

Rated thermal input

Up to 40 MW

Over 40 MW

–
Nitrogen oxides (NOx)

mg/m3

–
when operating on gaseous thermal or motor fuels as specified in Annex 5 Number 41 paragraph 1

40

20

–
when operating on liquid thermal or motor fuels

50

40

2 When operating a gas turbine with a denitrification system, the emissions of ammonia and ammonia compounds, expressed as ammonia, must not exceed 10 mg/m3.

837 Test beds and emergency generators

1 For test beds for gas turbines, the authorities shall specify preventive emission limitation requirements in accordance with Article 4; Annex 1 and Annex 2 Numbers 831–836 do not apply.

2 For gas turbines of emergency generators which are operated for no more than 50 hours per year, the authorities shall specify preventive emission limitation requirements in accordance with Article 4; Annex 1 and Annex 2 Numbers 833, 834 and 836 do not apply.

84 Installations for the production of particle board

841 Scope

The provisions of this Number apply to installations in which particle board is produced using a dry process.

842 Dust

Dust emissions must not exceed the following limit values:

a.
in the flue gas of chip dryers:50 mg/m3
b.
in flue gases of grinding machines:10 mg/m3

843 Organic substances

1 The emission limitation requirements specified in Annex 1 Number 7 do not apply.

2 Emissions of gaseous and vaporous organic substances, measured at a temperature of 150 °C, shall be expressed as total carbon.

3 These emissions shall be limited as far as is technically and operationally feasible and economically acceptable, but at least to 350 g per tonne of wood used (absolutely dry).

844 Relation to Number 81

The provisions of Number 81 also apply to installations in which products are treated by direct contact with furnace flue gases.

85 Dry cleaning (clothes)

1 The provisions of this Number apply to dry cleaning installations which are operated using halogenated hydrocarbons.

2 The loading door of a dry cleaning machine shall be fitted with an interlock system so that it can only be opened when the concentration of gaseous and vaporous organic substances in the machine air falls below 2 g/m3.

3 The concentration specified for the interlock system in paragraph 2 shall be continuously monitored inside the machine around the loading door.

4 The dry-cleaned items must have a maximum temperature of 35 °C before being removed from the machine.

5 If exhaust air is extracted from the machine, it must be purified by means of an activated carbon filter or by equivalent measures.

6 Indoor air must be exhausted so that the operating areas are always kept under negative pressure.

86 Crematoria

861 Organic substances

1 The emission limitation requirements specified in Annex 1 Number 7 do not apply.

2 Emissions of gaseous and vaporous organic substances, expressed as total carbon, must not exceed 20 mg/m3.

862 Carbon monoxide

Emissions of carbon monoxide must not exceed 50 mg/m3.

87 Surface treatment installations

1 The provisions of this Number apply to installations in which the surfaces of articles and products made of metal, glass, ceramics, plastics, rubber or other materials are treated with halogenated organic substances which at a pressure of 1013 mbar have a boiling point below 150 °C.

2 Surface treatment installations shall be equipped and operated as follows:

a.
Articles and products must be treated in a chamber which is closed except for openings used for extraction of flue gases.
b.
An interlock system shall be used to ensure that articles and products cannot be removed until the concentration of halogenated organic substances reaches 1 g/m3 or less in the removal area.
c.
Extracted flue gases must be cleaned in a separator. During this process, emissions of halogenated organic substances listed in Annex 1 Number 72 must not exceed a mass flow of 100 g/h and emissions of halogenated hydrocarbons listed in Annex 1 Number 83 must not exceed a mass flow of 25 g/h. The emission limitation requirements specified in Annex 1 Numbers 7 and 8 do not apply.
d.
If halogenated organic substances are fed into or removed from the installation, emissions must be reduced by means of a vapour recovery system or equivalent measures.

3 If an installation is unable to meet the requirements specified in paragraph 2 letters a and b because of the bulky nature of the articles and products treated, emissions shall be reduced as far as is technically and operationally feasible and economically acceptable, by measures such as encapsulation, sealing, removal from exhaust air, airlocks or extraction.

88 Construction sites

1 Emissions from construction sites shall be limited as far as is technically and operationally feasible and economically acceptable, particularly by appropriate operating procedures. Account shall be taken of the type, size and location of the construction site and the duration of the construction work. The FOEN shall issue guidelines.

2 The emission limit values specified in Annex 1 do not apply to construction machines and construction sites.

Annex 3 87

87 Amended by No II of the O of 20 Nov. 1991 (AS 1992 124). Revised by No II of the O of 15 Dec. 1997 (AS 1998 223), of 23 June 2004 (AS 2004 3561), of 4 July 2007 (AS 2007 3875), of 22 Oct. 2008 (AS 2008 5163), the O of 18 June 2010 (AS 2010 2965), of 14 Oct. 2015 (AS 2015 4171), No. I of the O of 3 March 2017 (AS 2017 715) and No II of the O of 11 April 2018, in force since 1 June 2018 (AS 2018 1687). See also the transitional provision to the Amendment of 11 April 2018 above. The correction of 11 Dec. 2018 concerns the Itaian text only (AS 2018 4709).

(Art. 3 para. 2 let. b)

Additional or different emission limitation requirements for combustion installations

1 Scope

1 The provisions of this Annex apply to combustion installations which are used for the following purposes:

a.
space heating;
b.
production of process heat, including baking heat for commercial use;
c.
production of warm or hot water;
d.
production of steam.

2 They do not apply to combustion installations in which products are treated by direct contact with furnace flue gases.

2 General provisions

21 Fuels

In combustion installations as specified in Number 1, only fuels as specified in Annex 5 shall be burned.

22 Control of combustion installations

Periodic measurements in accordance with Article 13 paragraph 3 are not required for the following combustion installations:

a.
combustion installations which are operated for less than 100 hours in a calendar year;
b.
combustion installations with a rated thermal input of less than 12 kW which are used solely to heat individual rooms;
c. and d. ...
e.
coal-fired local space heaters;
f.
solid-fuel-fired local space heaters, provided they operate solely on wood fuels as specified in Annex 5 Number 31 paragraph 1 letter a, b or d number 1.

23 Measurement and assessment of emissions

1 For each individual installation, emissions shall be measured under steady state conditions and in the load ranges which are relevant for assessment. In general, these are at least the highest and the lowest load point at which the installation is operated under standard operating conditions.

2 For installations operated with soot blowing or similar cleaning processes, dust emissions shall be measured and assessed over a half-hour period. Measurement must include the cleaning phase.

3 Special provisions for combustion installations comprising several individual installations

1 If several individual installations form a single operating unit, then limitation of emission for each individual installation is determined by the rated thermal input (Annex 1 Number 24) of the entire operating unit (total rated thermal input).

2 The total rated thermal input is the sum of the rated thermal inputs of all the individual installations which make up the operating unit.

3 Where two or more individual installations are operated in an operating unit in order to cover a variable heat or steam requirement in changing constellations, the rated thermal inputs of the individual installations shall normally form the basis for specifying the emission limits.

4 Oil-fired installations

41 Combustion installations for «extra light» heating oil

411 Emission limit values

1 Emissions from combustion installations operating on «extra light» heating oil must not exceed the following limit values:

Combustion installations for «extra light» heating oil

–
Reference value:
The limit values for gaseous pollutants are based on a flue gas oxygen content of

3% (v/v)

–
Smoke number

1

–
Carbon monoxide (CO)

80 mg/m3

–
Nitrogen oxides (NOx), expressed as nitrogen dioxide

a.
luminous radiant and tube radiant heaters

200 mg/m3

b.
installations with a heating medium temperature of up to 110 °C:

150 mg/m3

c.
other installations

120 mg/m3

–
Ammonia and ammonium compounds, expressed as ammonia1

30 mg/m3

Note:

1
This emission limitation requirement is only relevant for combustion installations fitted with a denitrification system.

2 Emissions of sulphur oxides are limited by the maximum sulphur content specified in Annex 5 Number 11. The emission limitation requirement specified for sulphur oxides in Annex 1 Number 6 does not apply.

3 In derogation from paragraph 1, in the case of installations with a rated thermal input of over 300 MW, emissions of nitrogen oxides, expressed as nitrogen dioxide, must not exceed 100 mg/m3.

412 Additional provisions concerning nitrogen oxide emissions

1 The authorities may specify less stringent limit values for combustion installations with a heating medium temperature of more than 150 °C in cases where compliance with the limit value of 150 mg/m3 specified for nitrogen oxides in Number 411 is not technically or operationally feasible, or is economically unacceptable. However, emissions of nitrogen oxides, expressed as nitrogen dioxide, must not exceed 250 mg/m3.

2 and 3 ...

413 ...

414 Energy requirements

1 The flue gas losses from furnaces and boilers must not exceed the following limit values:

a.
for forced draught burners with single-stage operation
and for vaporising-type burners7 %
b.
for forced draught burners with two-stage operation:
1.
during first-stage operation6 %
2.
during second-stage operation8 %

1bis The flue gas losses from boilers used to heat rooms or water commissioned from 1 January 2019 must not exceed 4 per cent.

2 The authorities may specify less stringent limit values for furnaces and boilers where the shut-off temperature of the safety temperature limiter exceeds 110 °C and where compliance with the requirements specified in paragraph 1 is not technically or operationally feasible, or is economically unacceptable.

415 Use of «Euro extra-light» heating oil

«Euro extra-light» heating oil may not be used in installations or operating units that have a rated thermal input of less than 5 MW for this thermal fuel.

42 Combustion installations for «medium» and «heavy» fuel oil

421 Emission limit values

1 Emissions from combustion installations operating on «medium» or «heavy» fuel oil must not exceed the following limit values:

Rated thermal input

over 5 MW up to 50 MW

over 50 MW up to 100 MW

over 100 MW up to 300 MW

over 300 MW

«Medium» and «heavy» fuel oil

–
Reference value:

The limit values are based on a flue gas oxygen content of

% vol

3

3

3

3

–
Total solids:

For heating oils with a sulphur content not exceeding 1 % by mass:

mg/m3

80

10

10

10

For other heating oils

mg/m3

50

10

10

10

–
Carbon monoxide (CO)

mg/m3

170

170

170

170

–
Sulphur oxides (SOx), expressed as sulphur dioxide (SO2)

mg/m3

1700

350

200

150

–
Nitrogen oxides (NOx), expressed as nitrogen dioxide (NO2)

mg/m3

150

150

150

100

–
Ammonia and ammonia compounds, expressed as ammonia

mg/m3

30

30

30

30

2 The emission limit value of 1700 mg/m3 for sulphur oxides shall be deemed to be met if heating oil with a sulphur content not exceeding 1 % by mass is used.

422 Use of «medium» and «heavy» fuel oil

«Medium» and «heavy» fuel oil must not be used in installations or operating units which have a rated thermal input of less than 5 MW for these fuels.

5 Installations fired by solid fuels

51 Coal-fired installations

511 Emission limit values

1 Emissions from combustion installations which operate on coal, coal briquettes or coke must not exceed the following limit values:

Rated thermal input

up to 70 kW

over 70 kW up to 500 kW

over 500 kW up to 1 MW

over 1 MW up to 10 MW

over 10 MW up to 100 MW

over 100 MW

Coal, coal briquettes, coke

–
Reference value:

The limit values are based on a flue gas oxygen content of

% (v/v)

7

7

7

7

7

6

–
Total solids:

mg/m3

100

50

20

20

10

10

–
Carbon monoxide (CO)

mg/m3

2500

1000

1000

150

150

150

–
Sulphur oxides (SOx), expressed as sulphur dioxide (SO2):

–
fluidised bed installations

mg/m3

–

–

–

350

350

200

–
other coal-fired installations

mg/m3

–

–

–

1300

350

150

–
other installations

mg/m3

–

–

–

1000

350

150

–
Nitrogen oxides (NOx), expressed as nitrogen dioxide (NO2)

mg/m3

–

–

–

500

200

150

–
Ammonia and ammonium compounds, expressed as ammonia1

mg/m3

30

30

30

30

30

30

Notes:

–
A dash in the table means that no limitations are specified either in Annex 3 or in Annex 1.
1
This emission limitation requirement is only relevant for combustion installations fitted with a denitrification system.

2 The authorities shall specify preventive emission limitation requirements for inorganic substances mainly in the form of dust and also for chlorine and fluorine compounds in accordance with Article 4; Annex 1 Number 5 and the emission limitation requirements specified for chlorine and fluorine compounds in Annex 1 Number 6 do not apply.

3 In derogation from paragraph 1, a carbon monoxide emission limit value of 4000 mg/m3 applies to central heating and residential cookers.

512 Measurement and control

The requirements specified in Number 524 apply by analogy to installations in terms of Number 22 letter e and boilers with a rated thermal input of up to 70 kW that are operated with coal combustibles in accordance with Number 513.

513 Use of coal

In combustion installations with a rated thermal input of less than 1 MW, only coal, coal briquettes or coke with a sulphur content not exceeding 1% (m/m) may be used.

52 Wood-fired installations

521 Type of installation and fuel

1 In wood-fired installations, only wood fuels as specified in Annex 5 Number 31 paragraph 1 may be used which are suitable for combustion in these installations on account of the fuel type, quality and moisture.

2 In addition, only wood as specified in Annex 5 Number 31 paragraph 1 letters a, b or d number 1 may be used in hand-stoked combustion installations with a rated thermal input of up to 40 kW and in open fires.

3 In automatic combustion installations with a rated thermal input of up to 40 kW, only wood fuels as specified in Annex 5 Number 31 paragraph 1 letters a, b or d number 1 may be used.

522 Emission limit values

1 Emissions from combustion installations operating on wood fuels as specified in Annex 5 Number 31 paragraph 1 must not exceed the following limit values:

Rated thermal input

up to 70 kW

over 70 kW up to 500 kW

over 500 kW up to 1 MW

over 1 MW up to 10 MW

over 10 MW

Wood fuels

–
Reference value:

The limit values are based on a flue gas oxygen content of

% (v/v)

13

13

13

11

11

–
For wood fuels as specified in Annex 5 No 31 para. 1 let. a, b or d Number 1

–
for central heating and residential cookers and commercially used baking ovens:

–
Total solids

mg/m3

100

50

–

–

–

–
Carbon monoxide (CO)

mg/m3

4000

4000

–

–

–

–
for hand-stoked local space heaters1 and boilers:

–
Total solids:

mg/m3

100

50a

20

20

10

–
Carbon monoxide (CO):

mg/m3

2500

500

–

–

–

–
for automatically stoked hot water and steam boilers:

–
Total solids

mg/m3

50

50

20

20

10

–
Carbon monoxide (CO)

mg/m3

1000

500

500

250

150

–
for wood fuels as specified in Annex 5 Number 31 paragraph 1 letters c or d number 2

–
Total solids

mg/m3

50

50

20

20

10

–
Carbon monoxide (CO)

mg/m3

1000

500

500

250

150

–
Nitrogen oxides (NOx), expressed as nitrogen dioxide (NO2)

mg/m3

c

c

c

c

150

–
Gaseous organic substances, expressed as total carbon (C)

mg/m3

–

–

–

–

50

–
Ammonia and ammonium compounds, expressed as ammonia3

mg/m3

–

–

–

30

30

Notes:
–
A dash in the table means that no limitations are specified either in Annex 3 or in Annex 1.
1
In the case of one off basic stoves as specified inr SN EN 15544 (one off tiled/mortared stoves – dimensioning)88 the emission limits for solids and CO apply up to 70 kW irrespective of their rated thermal input.
2
Does not apply to central heating cookers.
3
See the limit value specified for nitrogen oxides in Annex 1 Number 6.
4
This emission limitation requirement is only relevant for combustion installations fitted with a denitrification system.

2 Emissions of sulphur oxides, expressed as sulphur dioxide and based on a flue gas oxygen content of 6 %, must not exceed the following values:

a.
in the case of installations with a rated thermal input of
50 to 300 MW200 mg/m3
b.
in the case of installations with a rated thermal input of over
300 MW150 mg/m3

3 In derogation from paragraph 1, emissions of nitrogen oxides, expressed as nitrogen dioxide and based on a flue gas oxygen content of 6 %, must not exceed the following values:

a.
in the case of installations with a rated thermal input of
100 up to 300 MW200 mg/m3
b.
In the case of installations with a rated thermal input of over
300 MW150 mg/m3

4 The authorities shall specify preventive emission limitation requirements for chlorine compounds and for organic substances in gaseous, vaporous or particulate form in accordance with Article 4; the emission limitation requirements specified for chlorine compounds in Annex 1 Number 6 and those specified for organic substances in Annex 1 Number 7 do not apply.

5 The foregoing is without prejudice to the special requirements for installations specified in Number 523.

88 This standard may be viewed free of charge or obtained for a fee from the Swiss Association for Standardisation, Sulzerallee 70, 8404Winterthur; www.snv.ch.

523 Special requirements for boilers

Hand-stoked boilers with a rated heat output of up to 500 kW must be fitted with a heat accumulator with a volume of at least 12 litres per litre of the thermal fuel storage bin. The volume must not be less than 55 litres per kW of rated heat output.

2 Automatic boilers with a rated heat output of up to 500 kW must be fitted with a heat accumulator with a volume of at least 25 litres per kW of rated heat output. The foregoing does not apply to wood pellet boilers with a rated thermal input of up to 70 kW.

3 In derogation from paragraphs 1 and 2, the authority may specify smaller accumulator volumes if this is appropriate for technical or operational reasons.

4 Where two or more individual installations as specified in paragraphs 1 or 2 are operated as a single operating unit in order to cover a variable heat or steam requirement in changing constellations, the authority may specify smaller accumulator volumes.

524 Measurement and control

1 Series-produced local space heaters in accordance with Number 22 letter f are exempted from an acceptance measurement provided a declaration of performance or an equivalent declaration from the manufacturer pursuant to Article 20e is submitted.

2 Local space heaters in accordance with Number 22 letter f that are produced by craftsmen are exempted from an acceptance measurement if:

a.
they have been constructed according to a recognised calculation procedure, in particular the tiled stove calculation program of the feusuisse association; or
b.
they are equipped with a dust removal system that corresponds to the best available technology, in particular the requirements of the VDI 3670 technical standard89 (waste gas cleaning – downstream dust control devices for small-sized solid fuel combustion systems).

3 Historic stoves that are worthy of protection up to volume of 0.4 m3 and cookers produced by craftsmen are also exempted from the acceptance measurement if they were built according to the recognised rules of combustion technology or are equipped with a dust removal system in accordance with paragraph 2 letter b.

4 In the case of boilers with a rated thermal input of up to 70 kW that are operated with wood fuels as specified in Annex 5 Number 31 paragraph 1 letters a, b or d letter 1, solid emissions need not be measured in the regular control of combustion installations.

5 The FOEN shall recommend suitable measurement and assessment methods.

6 In the case of local space heaters that under Number 22 letter f do not require regular measurements, the authority shall in particular check combustion residues and the condition of the installation. It shall on the first occasion provide information on how to use the installation properly and on how to use and store thermal fuels.

89 This standard may be viewed free of charge or obtained for a fee from the Swiss Association for Standardisation, Sulzerallee 70, 8404Winterthur; www.snv.ch.

525 Requirements for dust removal systems

In the case of dust removal systems for installations with a rated thermal input of over 70 kW, uptime must normally amount to at least 90 per cent. Uptime is determined on the basis of the installation’s service life.

6 Gas-fired installations

61 Emission limit values

Emissions from combustion installations operating on gaseous fuels must not exceed the following limit values:

Combustion installations for gaseous fuels

–
Reference value:

The limit values are based on a flue gas oxygen content of

3% (v/v)

–
Carbon monoxide (CO):

100 mg/m3

–
Nitrogen oxides (NOx), expressed as nitrogen dioxide (NO2):

a.
luminous radiant and tube radiant heaters

200 mg/m3

b.
installations with a heating medium temperature of over 110 °C

110 mg/m3

c.
Other installations

80 mg/m3

–
Ammonia and ammonium compounds, expressed as ammonia1

30 mg/m3

1
Note: This emission limitation requirement is only relevant for combustion installations fitted with a denitrification system.

2 In derogation from paragraph 1, emissions from installations of over 50 MW must not exceed the following values:

a.
Dust
1.
when operated using gaseous fuels as specified in Annex 5 Number 41 paragraph 1 letters b–e10 mg/m3
2.
when operated using gaseous fuels as specified in Annex 5 Number 41 paragraph 1 letter a5 mg/m3
b.
Sulphur oxides, expressed as sulphur dioxide
1.
when operated using gaseous fuels as specified in Annex 5 Number 41 paragraph 1 letters a and c–e35 mg/m3
2.
when operated using gaseous fuels as specified in Annex 5 Number 41 paragraph 1 letter b5 mg/m3
c.
Nitrogen oxides (nitrogen monoxide and nitrogen dioxide), expressed as nitrogen dioxide100 mg/m3

62 Additional provisions concerning nitrogen oxide emissions

1 The authorities may specify less stringent limit values for combustion installations with a heating medium temperature of more than 150 °C in cases where compliance with the limit value of 110 mg/m3 specified for nitrogen oxides in Number 61 is not technically or operationally feasible, or is economically unacceptable. However, emissions of nitrogen oxides, expressed as nitrogen dioxide, must not exceed 200 mg/m3.

2 Notwithstanding the provisions of Number 61, the limit values for nitrogen oxides specified in Annex 3 Number 411 apply to gas-fired installations operating on gaseous fuels as specified in Annex 5 Number 41 letters b, d and e.

3 The emission limit values specified for nitrogen oxides in Annex 1 Number 6 and in Annex 3 Number 61 do not apply to gas-fired instantaneous water heaters and gas-fired storage water heaters; preventive emission control measures shall not be ordered in accordance with Article 4.

63 Energy requirements

1 The flue gas losses from furnaces and boilers must not exceed the following limit values:

a.
For forced draught burners with single-stage operation
and for gas burners7 %
b.
For forced draught burners with two-stage operation:
1.
during first-stage operation6 %
2.
during second-stage operation8 %

1bis Flue gas losses from boilers used to heat rooms or water that are commissioned from 1 January 2019 must not exceed 4 per cent.

2 The authorities may specify less stringent limit values for furnaces and boilers where the shut-off temperature of the safety temperature limiter exceeds 110 °C and where compliance with the requirements specified in paragraph 1 is not technically or operationally feasible, or is economically unacceptable.

7 Combustion installations for liquid fuels as specified in Annex 5 Number 13

1 The requirements specified in Number 41 apply to combustion installations which operate on liquid fuels as specified in Annex 5 Number 13.

2 Fuels as specified in Annex 5 Number 13 may only be used in installations with a rated thermal input of less than 350 kW if:

a.
they meet the quality requirements of an official standard;
b.
it is proven on the basis of an officially supervised measurement programme that the relevant requirements have been met for combustion in planned type of installation.

8 Multi- and mixed-fuel combustion installations

81 Multi-fuel combustion installations

If a single installation operates alternately on different kinds of fuel, the emission limitation requirements are determined by the fuel used in each case.

82 Mixed-fuel combustion installations

1 If different kinds of fuel are burned at the same time in a single installation, the emission concentrations must not exceed the composite limit value.

2 The composite limit value is calculated according to the following formula:

where:

Gm = composite limit value based on the oxygen content B1

G1, G2 ... Gn = emission limit value for the various fuels90

E1, E2 ... En = energy supplied per hour by the individual fuels

Etot = E1 + E2 + .... En

B1, B2 ... Bn = reference value (oxygen content on which the emission limit value for the first, second and subsequent fuels is based)

3 To calculate the relevant sulphur emission ratio, the method described in paragraph 2 shall be adopted mutatis mutandis.

90 Note: The following shall be taken as the emission limit values for sulphur dioxides: a. for «extra light» heating oil: G = 330 mg/m3, based on a flue gas oxygen content of 3% (v/v); b. for gas: G = 38 mg/m3, based on a flue gas oxygen content of 3% (v/v).

Annex 4 91

91 Amended by No II of the O of 23 June 2004 (AS 20043561). Revised by No II of the O of 4 July 2007 (AS 2007 3875), of 19 Sept. 2008 (AS 2008 4639), of 22 Oct. 2008 (AS 2008 5163), the O of 18 June 2010 (AS 20102965), No I and II of the O of 14 Oct. 2015 (AS 2015 4171), No III 1 of the O of 22 June 2016 (AS 2016 2479) and No II of the O of 11 April 2018, in force since 1 June 2018 (AS 2018 1687). See also the Transitional Provisions of the Amendments of 4 July 2007, and 19 Sept. 2008 above.

(Art. 3 para. 2 let. c)

Requirements for combustion installations, construction machines and particle filter systems, and machines and equipment with internal combustion engines

1 Scope

The provisions of this Annex apply to combustion installations as specified in Articles 20 paragraph 1 and 20d, construction machines and particle filter systems as specified in Article 19a and machines and equipment with internal combustion engines as specified in Article 20b.

2 Requirements for combustion installations

21 Air pollution control requirements

211 Oil- and gas-fired installations

Oil- and gas-fired installations must comply with the air pollution control requirements of the relevant European standards, and the emission limit values given in the following Table.

Type of installation

Relevant European standard92

Relevant emission class or emission limit value for nitrogen oxides (NOx) and for carbon monoxide (CO)

Forced draught burners for «extra light» heating oil
(Art. 20 para. 1 let. a)

EN 267

NOx class 3

CO class 3

Gas-fired automatic forced draught burners (Art. 20 para. 1 let. a)

EN 676

NOx class 3

CO: 100 mg/kWh

Boilers with forced draught burners for «extra light» heating oil
(Art. 20 para. 1 let. b and c)

EN 303 and 304

NOx class 3

CO class 3

Gas-fired boilers with forced draught burners (Art. 20 para. 1 let. b and c)

EN 303 and 304

NOx class 3

CO: 100 mg/kWh

Gas-fired boilers
(Art. 20 para. 1 let. d)

EN 656, EN 15502

NOx class 5

CO: 100 mg/kWh

Direct gas-fired storage water heaters (boilers) (Art. 20 para. 1 let. f)

EN 89

NOx class 5

Gas-fired instantaneous water heaters (Article 20 paragraph 1 letter g)

EN 26

92 These standards may be viewed free of charge or obtained for a fee from the Swiss Association for Standardisation, Sulzerallee 70, 8404Winterthur; www.snv.ch.

212 Coal- and wood-fired installations

Coal- and wood-fired installations must comply with the air pollution control requirements of the relevant European standards, and the emission limit values given in the following Table.

Type of installation

Relevant European standard93

Relevant emission class or emission limit valuesa for carbon monoxide (CO) and for solids (dust)

CO

Dust

Boilers fired by firewood and coal, hand stoked

EN 303-5 or EN 12809

mg/m3

800

50

Boilers fired by wood chips and coal, automatically stoked

EN 303-5 or EN 12809

mg/m3

400

60

Boilers fired by wood pellets, automatically stoked

EN 303-5 or EN 12809

mg/m3

300

40

Residential cookers fired by solid fuels

EN 12815

mg/m3

3000

90

Central heating cookers fired by
solid fuel

EN 12815

mg/m3

3000

120

Inset appliances and open fires fired by solid fuels

EN 13229

mg/m3

1500

75

Room heaters fired by solid fuels

EN 13240

mg/m3

1500

75

Room heaters fired by wood pellets

EN 14785

mg/m3

500

40

Slow heat release appliances fired by solid fuels

EN 15250

mg/m3

1500

75

Pellet burners for small boilers

EN 15270

Class 4

Class 4

a
Reference oxygen content:
–
for wood-fired installations 13 % vol;
–
for coal-fired installations 7 % vol.

93 These standards may be viewed free of charge or obtained for a fee from the Swiss Association for Standardisation, Sulzerallee 70, 8404Winterthur; www.snv.ch.

22 ...

23 Markings

1 The manufacturer shall affix to each combustion installation a readily visible, durable and clearly legible data plate/label which includes the information required by the relevant European standards, but at least the following details:

a.
name of the manufacturer or trademark of the installation;
b.
trade name, type designation or model number;
c.
number of the relevant European standard according to which the equipment was tested in accordance with Number 21;
d.
rated thermal input, rated heat output/space heat output or corresponding output range in W or kW.

2 The data plate/label of oil- and gas-fired installations must also indicate the NOx class of the relevant European standard.

3 The data plate/label of wood- and coal-fired installations must also indicate the emission values for CO and dust in mg/m3, based on the relevant flue gas oxygen content, measured in accordance with Number 212.

3 Air pollution control requirements for construction machines and particle filter systems

31 Requirements for construction machines

1 Emissions from construction machines must comply with the relevant requirements corresponding to the year of manufacture for non-road mobile machinery in accordance with Directive 97/68/EC94.

2 In addition, exhaust emissions from construction machines must not exceed the particle count of 1×1012 1/kWh for solid particles with a diameter greater than 23 nm, determined in accordance with the best available technology, specifically the UNECE Particle Measurement Programme95 and the test cycles specified in Directive 97/68/EC.

2bis The requirements specified in paragraphs 1 and 2 are deemed to have been met if the construction machine meets the requirements of Annex II of Regulation (EU) No 2016/162896.

3 The requirements specified in paragraph 2 are deemed to be complied with if the construction machine is operated with a particle filter system which meets the requirements specified in Number 32.

94 OJ. L 59 of 27.02.1998, p. 1; last amended by Directive 2012/46/EU, OJ. L 353 of 06.12.2012, p. 80.

95 UNECE Regulation No 49 of 15 Apr. 1982 on uniform provisions concerning the measures to be taken against the emission of gaseous and particulate pollutants from compression ignition engines for use in vehicles and the emission of gaseous pollutants from positive ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles; last amended by the 04 series of amendments, addendum 8, in force since 22 Jan. 2015, Annex 4C, Particle Number Measurement Test Procedure. Available from: www.unece.org. This regulation May be viewed free of charge at the Federal Office for the Environment, Worblentalstr. 68, 3063Ittigen.

96 See footnote to Art. 19b para. 1bis.

32 Requirements for particle filter systems

1 Particle filter systems for construction machines must:

a.
filter 97 % of solid particles with a diameter of 20–300 nm when new and after 1000 hours of operation in a typical application (endurance test);
b.
filter 90 % of solid particles during regeneration;
c.
have an electronic on board control unit which records pressure losses that could compromise function and issues an alarm, and which switches off additive dosage in the event of filter damage;
d.
have an opacity coefficient of less than 0.15 m-1 during free acceleration of the engine;
e.
be designed in such a way that it is impossible for the filter element to be installed in the reverse direction;
f.
be supplied with cleaning and maintenance instructions;
g.
be operated without additives containing copper or catalytic coatings containing copper in the exhaust treatment system; and
h.
limit the secondary emissions arising during operation as far as is technically and operationally feasible and economically acceptable.

2 The measurement methods and test procedures shall be based on the best available technology, specifically in accordance with SN 27720697 or UNECE Regulation
No 13298.

97 This standard may be viewed free of charge or obtained for a fee from the Swiss Association for Standardisation, Sulzerallee 70, 8404Winterthur; www.snv.ch.

98 UNECE Regulation No 132 of 17 June 2014 on uniform provisions concerning the approval of Retrofit Emission Control devices (REC) for heavy duty vehicles, agricultural and forestry tractors and non-road mobile machinery equipped with compression ignition engines; revised by the 01 series of amendments, in force since 22 Jan. 2015 (Add.131 Rev.1). Available from: www. unece.org. This regulation May be viewed free of charge at the Federal Office for the Environment, Worblentalstr. 68, 3063Ittigen.

33 Markings

1 The manufacturers or importers shall affix to each construction machine and particle filter system a readily visible, durable and clearly legible data plate/label including the following details:

a.
name of the manufacturer or importer;
b.
serial number;
c.
type designation;
d.
name of the conformity assessment body, if assessment is a requirement.

2 The data plate/label of construction machines shall also include the following details:

a.
year of manufacture of the construction machine;
b.
engine output in kW;
c.
type designation of the particle reduction system.

3 If a construction machine placed on the market is retrofitted with a particle filter system, the person installing this system shall affix to the construction machine a data plate/label including the details specified in paragraphs 1 and 2.

4 Construction machines with engines on the list of engine families in conformity with Article 19b paragraph 2 do not require a data plate/label on the particle filter system.

34 Exhaust emission maintenance and inspections

1 The holder or operator of a construction machine must carry out exhaust emission maintenance or have such maintenance carried out at least every 24 months. It must retain the results of the exhaust emission maintenance for at least two years and present it to the authorities on request.

2 Construction machines need not be inspected periodically in accordance with Article 13 paragraph 3. The authority shall carry out random checks of the results of exhaust emission maintenance. If there is any suspicion of excessive solid particle emissions, it may order further exhaust emission maintenance.

4 Air pollution control requirements for machines and equipment with internal combustion engines

41 Requirements for machines and equipment with internal combustion engines

1 The internal combustion engines of machines and equipment must meet the relevant requirements of Regulation (EU) No 2016/162899.

2 The emission limitation requirements specified in Annex 1 do not apply.

99 See footnote to Art. 19b para. 1bis.

42 Exhaust emission maintenance and inspections

1 The holder or operator of a construction machine must carry out exhaust emission maintenance or have such maintenance carried out at least every 24 months. It must retain the results of the exhaust emission maintenance for at least two years and present it to the authorities on request. The FOEN shall issue recommendations.

2 Machines and equipment with internal combustion engines need not be inspected periodically in accordance with Article 13 paragraph 3. The authority shall carry out random checks of the results of exhaust emission maintenance. If there is any suspicion of excessive solid particle emissions, it may order further exhaust emission maintenance.

Annex 5 100

100 Revised by No II of the O of 20 Nov. 1991 (AS 1992 124), No I of the O of 25 Aug. 1999 (AS 1999 2498), No II of the O of 23 June 2004 (AS 2004 3561), of 4 July 2007 (AS 2007 3875), of 19 Sept. 2008 (AS 2008 4639), of 18 June 2010 (AS 2010 2965), of 14 Oct. 2015 (AS 2015 4171), No I of the O of 3 March 2017 (AS 2017 715), No II of the O of 11 April 2018 (AS 2018 1687), und No I of the O of 12 Feb. 2020, in force since 1 April 2020 (AS 2020 793).. See also the Transitional Provisions of the Amendment of 19 Sept. 2008 above.

(Art. 21 and 24)

Requirements for thermal and motor fuels

1 Heating oils and other liquid fuels

11 Definitions

1 «Extra light» heating oil comprises «Euro extra-light» heating oil and «eco extra-light» heating oil.

2 Untreated vegetable oils and vegetable oil methyl esters that meet the requirements of standard SN EN 14214 (Liquid petroleum products – fatty acid methyl esters (FAME) for use in diesel engines and heating applications – requirements and test methods)101 are deemed to be equivalent to «eco extra-light» heating oil.

101 This standard may be viewed free of charge or obtained for a fee from the Swiss Association for Standardisation, Sulzerallee 70, 8404Winterthur; www.snv.ch.

11 Sulphur content of heating oilsbis

The sulphur content of:

a.
«Euro extra-light» heating oil must not exceed 0.1 per cent (% m/m);
b.
«eco extra-light» heating oil must not exceed 0.005 per cent (% m/m);
c.
«medium» and «heavy» fuel oil must not exceed 2.8 per cent (% m/m).

12 Additional requirements for heating oils

1 Additives containing halogen or heavy metal compounds (except iron compounds) must not be added to heating oils.

2 In addition, additives containing substances such as magnesium compounds which distort the results of smoke number measurement in the control of oil-fired installations must not be added to «extra light» heating oil.

3 Waste oils must not be added to heating oils.

13 Other liquid fuels

131 Definition

Other liquid fuels means liquid organic compounds which can be combusted like «extra light» heating oil and meet the requirements specified in Number 132.

132 Requirements

1 During combustion, other liquid fuels must not produce higher or other pollutant emissions than is the case with «extra light» heating oil.

2 The content of pollutants in the fuel must not exceed the following limit values:

Ash

50 mg/kg

Chlorine

50 mg/kg

Barium

5 mg/kg

Lead

5 mg/kg

Nickel

5 mg/kg

Vanadium

10 mg/kg

Zinc

5 mg/kg

Phosphorus

5 mg/kg

Polychlorinated aromatic hydrocarbons (e.g. PCBs)

1 mg/kg

3 In derogation from paragraph 2, for liquid biogenic fuels the following values apply for ash and phosphorus:

Ash

100 mg/kg

Phosphorus

20 mg/kg

133 Relation to Annex 2 Number 71

Other liquid organic compounds which do not meet the requirements specified in Number 132 shall be regarded as special waste.

2 Coal, coal briquettes and coke

The sulphur content of coal, coal briquettes and coke must not exceed 3.0 % (m/m).

3 Wood fuels

31 Definition

1 Wood fuels means:

a.
untreated wood, in pieces, including attached bark, especially chopped firewood, wood briquettes, brushwood and cones, and unused sections of solid wood produced solely by mechanical processing;
b.
untreated wood, not in pieces, especially wood pellets, chips, shavings, sawdust, sander dust and bark;
c.
wood residues from the wood-processing industry an the woodworking trade, provided the wood is painted, coated, glued or treated in a similar way; the foregoing does not apply to wood that is pressure-impregnated or has halogenated organic compounds in the coating.
d.
untreated waste wood in the form of:
1.
fence posts, beanpoles and other items made of solid wood used in horticulture or agriculture,
2.
disposable pallets made of solid wood.

2 Wood fuels do not include:

a.
waste wood from demolition, conversion or renovation work, waste residues from construction sites, used wooden furniture and waste wood from packaging including pallets, with the exception of disposable pallets in accordance with paragraph 1 letter d number 2, or mixtures thereof with wood fuels as specified in paragraph 1;
b.
any other wooden materials, such as:
1.
waste wood or wood waste which has been pressure-impregnated with wood preservatives or treated with coatings containing halogenated organic compounds;
2.
wood waste or waste wood intensively treated with wood preservatives such as pentachlorophenol;
3.
such waste mixed with wood fuels as specified in paragraph 1 or with waste wood as specified in letter a.

32 Requirements for wood pellets and briquettes

Wood pellets and briquettes that are untreated wood in accordance with Number 31 paragraph 1 letters a and b may only be commercially imported or placed on the market if:

a.
the wood pellets meet the requirements of Standard SN EN ISO 17225-2 (Solid Biofuels - Fuel Specifications and Classes - Part 2: classification of wood pellets)102 for Class A1 or A2 or are of an equivalent quality;
b.
the wood briquettes meet the requirements of Standard SN EN ISO 17225-3 (Solid Biofuels - Fuel Specifications and Classes - Part 3: classification of wood briquettes)103 for Class A1 or A2 or are of an equivalent quality.

102 This standard may be viewed free of charge or obtained for a fee from the Swiss Association for Standardisation, Sulzerallee 70, 8404Winterthur; www.snv.ch.

103 This standard may be viewed free of charge or obtained for a fee from the Swiss Association for Standardisation, Sulzerallee 70, 8404Winterthur; www.snv.ch.

4 Gaseous fuels

41 Definition

1 Gaseous fuels means:

a.
natural gas, petroleum gas or coal gas which is fed into a public gas distribution grid;
b.
liquid gas consisting of propane and/or butane;
c.
hydrogen;
d.
gases similar to natural gas, petroleum gas or coal gas, such as biogas obtained from the gasification of wood fuels specified in Number 31 paragraph 1 letter a, b or d Number 1 or sewage treatment gases;
e.
landfill gases, provided the total content of inorganic and organic chlorine and fluorine compounds, expressed as hydrogen chloride and hydrogen fluoride, does not exceed 50 mg/m3.

2 All other gases shall be regarded as waste gases, which must meet the requirements specified in Annex 2 Number 71 during combustion. This also applies in particular to landfill gases which do not meet the requirements specified in paragraph 1 letter e.

42 Requirements

The sulphur content of gases as specified in Number 41 letters a and b must not exceed 190 mg/kg.

5 Petrols

1 Petrol may only be imported or placed on the market if it complies with the following requirements:

Property

Unit

Minimum valuea

Maximum valuea

Test methodb

Petrol

–
Research octane number, RON

95.0c

–

EN ISO 5164

–
Motor octane number, MON

85.0c

–

EN ISO 5163

–
Vapour pressure (DVPE):

EN 13016-1

–
Six summer months

kPa

–

60.0d

–
Distillation characteristics:

EN ISO 3405

–
evaporated at 100 °C

% (V/V)

46.0

–

–
evaporated at 150 °C

% (V/V)

75.0

–

–
Determination of hydrocarbon types:

–
Olefins

% (V/V)

–

18.0

EN 15553, EN ISO 22854

–
Aromatics

% (V/V)

–

35.0

EN 15553, EN ISO 22854

–
Benzene

% (V/V)

–

1.00

EN 12177, EN 238, EN ISO 22854

–
Oxygen content

% (m/m)

–

3.7

EN 1601, EN 13132, EN ISO 22854

–
Oxygenates content:

EN 1601, EN 13132, EN ISO 22854

–
Methanol

% (V/V)

–

3.0

–
Ethanol

% (V/V)

–

10.0

–
Isopropyl alcohol

% (V/V)

–

12.0

–
tert-Butyl alcohol

% (V/V)

–

15.0

–
Isobutyl alcohol

% (V/V)

–

15.0

–
Ethers (containing 5 or more carbon atoms)

% (V/V)

–

22.0

–
Other oxygenatese

% (V/V)

–

15.0

–
Sulphur content

mg/kg

–

10.0

EN ISO 20846, EN ISO 20884

–
Lead content

mg/l

–

5.0

EN 237

Notes:

a
The test results are to be assessed in accordance with EN ISO 4259 «Petroleum products –Determination and application of precision data in relation to methods of test».
b
The following (joint) standards are applicable for testing:
–
EN: standard issued by the European Committee for Standardization (CEN)
–
ISO: standard issued by the International Organization for Standardization (ISO). These standards may be viewed free of charge or obtained for a fee from the Swiss Association for Standardisation, Sulzerallee 70, 8404 Winterthur; www.snv.ch.
c
For regular petrol, notwithstanding the values given in this Table, the RON must be at least 91 and the MON at least 81.
d
Applies to petrols used between 1 May and 30 September.
e
Other monoalcohols and ethers having a boiling point not greater than 210 °C

1bis If bioethanol is added to petrol, the following deviations from the maximum vapour pressure of 60.0 kPa specified in paragraph 1 are permissible during the six summer months, until 30 September 2025:

Bioethanol content

% (V/V)

1.0

2.0

3.0

4.0

5.0

6.0

7.0

8.0

9.0

10.0

Maximum permissible deviationa

kPa

3.7

6.0

7.2

7.8

8.0

8.0

7.9

7.9

7.8

7.8

Notes:

a
Intermediate values are obtained by linear interpolation between the value immediately above and the value immediately below the bioethanol content.

2 Aviation petrol shall only be imported or placed on the market if the lead content does not exceed 0.56 g/L and the benzene content does not exceed 1 % (V/V). Aviation petrol placed on the market shall be dyed blue.

6 Diesel oil

Diesel oil shall only be imported or placed on the market if it complies with the following requirements:

Property

Unit

Minimum valuea

Maximum valuea

Test methodb

Diesel oil

–
Cetane number

51.0c

–

EN ISO 5165, EN 15195, EN 16144, EN 16715

–
Density at 15°C

kg/m3

–

845.0

EN ISO 3675, EN ISO 12185

–
Distillation characteristics: 95 % (V/V) recovered at

°C

–

360

EN ISO 3405, EN ISO 3924

–
Polycyclic aromatic hydrocarbons

% (m/m)

–

8.0

EN 12916

–
Sulphur content

mg/kg

–

10.0

EN ISO 20846, EN ISO 20884, EN ISO 13032

Notes:

a
The test results are to be assessed in accordance with EN ISO 4259 «Petroleum products –Determination and application of precision data in relation to methods of test».
b
The following (joint) standards apply to testing:
–
EN: standard issued by the European Committee for Standardization (CEN)
–
ISO: standard issued by the International Organization for Standardization (ISO) These standards may be viewed free of charge or obtained for a fee from the Swiss Association for Standardisation, Sulzerallee 70, 8404 Winterthur; www.snv.ch.
c
For winter qualities, the cetane number, notwithstanding the value given in this Table, must at least satisfy the requirements of SN EN 590.

Annex 6 104

104 Revised by No II of the O of 15 Dec. 1997, in force since 1 March 1998 (AS 1998 223).

(Art. 6 para. 3)

Minimum stack height

1 Scope

The provisions of this Annex apply to installations for which the quantity Q/S exceeds 5, where:

Q = mass flow of the emitted air pollutant in grams per hour;

S = value calculated in accordance with Number 9.

2 Calculation method

1 The required physical stack height is calculated step by step in accordance with Numbers 3 to 6.

2 If more than one air pollutant is emitted, the physical stack height is calculated on the basis of the pollutant for which the quantity Q/S has the highest value.

3 Parameter H0

31 Determination of H0 according to Diagram 1

1 The parameter H0 takes account of the short-term effects of the air pollutants emitted from a single installation. It is determined with the aid of Diagram 1.

2 The quantities Q and F depend on the emission conditions at the installation. The full load values and the fuel/emission conditions most conducive to air pollution are used to calculate H0.

3 The quantity S is used to limit the maximum short-term ambient air pollution levels caused by the installation to a specific value (S value). The S values specified in Number 9 are used to calculate H0.

32 Determination of H0 in individual cases

1 The parameter H0 is determined in individual cases according to the recognised rules for calculating the stack height and the dispersion of flue gases if:

a.
the Q/S or F values lie outside Diagram 1; or
b.
the flue gas temperature is less than 55 °C.

2 However, where flue gas temperatures are below 55 °C, the parameter H0 must not be lower than the value which is obtained according to Diagram 1 for a temperature of 55 °C.

4 Minimum height for flat, obstacle-free terrain

1 The stack height for flat, obstacle-free terrain is:

H1 = f x H0

The correction factor f takes account of long-term effects due to wind channelling.

2 Values between 1.0 and 1.5 are used for f as follows:

f = 1.00 for sites with no prevailing wind direction;

f = 1.25 for sites with average conditions;

f = 1.50 for valleys with pronounced wind channelling.

3 Intermediate values are also possible for f, depending on the site conditions.

5 Height increase for buildings and vegetation

Elevated objects (buildings and vegetation) in the vicinity of the stack are taken into account by means of a height increase I1:

I1 = g x I

where:

I = Height of the highest significant obstacle area in the region affected by the installation. Values between 0 (no obstacles) and 30 m (e.g. forest) are used for I.

g = Correction factor, with values between 0 and 1 according to Diagram 2.

6 Physical stack height

The physical stack height H is calculated according to the following formula:

H = H1 + I1

7 More stringent requirements

In justified cases, the authorities will require taller stacks, for example, in the case of:

a.
structures with particular shapes;
b
sites with particularly poor meteorological dispersion conditions;
c.
particular topographical conditions, such as narrow valleys, hillsides or depressions.

8 Symbols

H (m) = Physical stack height

H0 (m) = Parameter for determination of H1

H1 (m) = Minimum stack height for flat, obstacle-free terrain

I (m) = Height of the highest significant obstacle area

I1 (m) = Height increase for buildings and vegetation

f (–) = Correction factor for long-term effects due to wind channelling

g (–) = Correction factor for buildings and vegetation

Q (g/h) = Mass flow of the emitted air pollutant; emissions of nitrogen oxides (nitrogen monoxide and nitrogen dioxide) are expressed as nitrogen dioxide

Rn (m3/h) = Volume flow of the flue gas under standard conditions (0 °C, 1013 mbar)

t (°C) = Flue gas temperature at the stack outlet

t (°C) = t–10 °C

F (m4/s3) = Lift flux; F = 3.18 × 10–6 × Rn × t

S (µg/m3) = S value (cf. Numbers 3 and 9)

9 S values

Pollutant

S (µg/m3)

Suspended particulates (PM10)1

50

Hydrogen chloride, expressed as HCl

100

Chlorine

150

Hydrogen fluoride and inorganic gaseous fluorine compounds, expressed as HF

1

Carbon monoxide

8000

Sulphur oxides, expressed as sulphur dioxide

100

Hydrogen sulphide

5

Nitrogen oxides, expressed as nitrogen dioxide

100

Substances listed in Annex 1 Number 5:

–
Class 1

0.5

–
Class 2

2

–
Class 3

5

Substances listed in Annex 1 Number 7:

–
Class 1

50

–
Class 2

200

–
Class 3

1000

Substances listed in Annex 1 Number 8:

–
Class 1

0.1

–
Class 2

1

–
Class 3

10

1
Fine particulate matter with an aerodynamic diameter of less than 10 µm.

Determination of the parameter H0 for stacks

Diagram 1

Determination of the correction factor for buildings and vegetation

Diagram 2

I = Height of the highest significant obstacle area (Number 5)

H1 = Minimum stack height for flat, obstacle-free terrain (Number 4)

Annex 7 105

105 Amended by No II of the O of 14 Oct. 2015(AS 2015 4171). Revised by No II of the O of 11 April 2018, in force since 1 June 2018 (AS 2018 1687).

(Art. 2 para. 5)

Ambient limit values for air pollutants

Pollutant

Ambient air limit value

Statistical definition

Sulphur dioxide (SO2)

30 µg/m3

Annual average (arithmetic mean)

100 µg/m3

95% of half-hour means for one year ≤ 100 µg/m3

100 µg/m3

24-hour mean; must not be exceeded more than once per year

Nitrogen dioxide (NO2)

30 µg/m3

Annual average (arithmetic mean)

100 µg/m3

95% of half-hour means for one year ≤ 100 µg/m3

80 µg/m3

24-hour mean; must not be exceeded more than once per year

Carbon monoxide (CO)

8 mg/m3

24-hour mean; must not be exceeded more than once per year

Ozone (O3)

100 µg/m3

98% of half-hour means for one month ≤ 100 µg/m3

120 µg/m3

1-hour mean; must not be exceeded more than once per year

Suspended particulates (PM10)1

20 µg/ma

Annual average (arithmetic mean)

50 µg/m3

24-hour mean; must not be exceeded more than once per year

Suspended particulatesb (PM2.5)b

10 µg/m3

Annual average
(arithmetic mean)

Lead (Pb) in PM10

500 ng /m3

Annual average (arithmetic mean)

Cadmium (Cd) in PM10

1.5 ng/m3

Annual average (arithmetic mean)

Total dust deposition

200 mg/m2 × day

Annual average (arithmetic mean)

Lead (Pb) in dust fallout

100 µg/m2 × day

Annual average (arithmetic mean)

Cadmium (Cd) in dust fallout

2 µg/m2 × day

Annual average (arithmetic mean)

Zinc (Zn) in dust fallout

400 µg/m2 × day

Annual average (arithmetic mean)

Thallium (Tl) in dust fallout

2 µg/m2 × day

Annual average (arithmetic mean)

Notes:

mg = milligram: 1 mg = 0.001 g

µg = microgram: 1 µg = 0.001 mg

ng = nanogram: 1 ng = 0.001 µg

d = day

The sign ≤ means «less than or equal to».

a
Fine particulate matter with an aerodynamic diameter of less than 10 µm.
b
Fine particulate matter with an aerodynamic diameter of less than 2.5 µm.

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