Ordinance on Air Pollution Control (OAPC) (OAPC)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Section 1 Limitation of Emissions from New Station
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. construction machines and particle filter systems as specified in Article 19a, and machines and equipment with internal combustion engines as specified in Article 20b: the requirements specified in Annex 4.
Para. 2 let. c — Amended by No I of the O of 20 Oct. 2021, in force since 1 Jan. 2022 (AS 2021 632).
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
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. 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.
Art. 6 — Amended by No I of the O of 20 Nov. 1991, in force since 1 Feb. 1992 (AS 1992 124). Para. 1 — 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 St
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. 3 Retrofitting need not be carried out if the owner undertakes to shut down the installation within the time limit set for retrofitting.
Para. 2 — 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
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.
Art. 10 — 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. 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. every three years for other installations. 4 In the case of installations wh
Para. 2 — Amended by No I of the O of 11 April 2018, in force since 1 June 2018 (AS 2018 1687). Para. 3 let. c — The correction of 16 April 2019 concerns the Italian text only (AS 2019 1225). Para. 3 let. c — Amended 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
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.
Art. 13a — 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 2006 on Measuring Instruments and the implementing provisions issued by the Federal Department of Justice and Police. 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 pe
Para. 2 — SR 941.210 Para. 2 — 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 as
Art. 16 Bypass lines and malfunctions and lack of availability of chemicals for flue gas cleaning
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. 3 The authorities may specify lower emission limits for fixed installations if it is proven that the chemicals required to operate the flue gas cleaning systems are not available. Lower emission limits are not permitted for highly toxic or carcinogenic substances.
Art. 16 — Amended by No I of the O of 16 Dec. 2022, in force since 1 Jan. 2023 (AS 2022 832). Para. 3 — Inserted by No I of the O of 16 Dec. 2022, in force since 1 Jan. 2023 (AS 2022 832).
Section 4 Emissions from Vehicles and Transport In
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
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 … 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.
Para. 2 — Repealed by No I of the O of 20 Oct. 2021, with effect from 1 Jan. 2022 (AS 2021 632). Para. 4 — Inserted 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 1995 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 manufac
Para. 1 let. a — SR 946.51 Para. 1bis — 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
Section 5 …
Art. 20
Repealed by No I of the O of 20 Oct. 2021, with effect from 1 Jan. 2022 (AS 2021 632).
Art. 20a
Inserted by No I of the O of 23 June 2004 (AS 2004 3561). Repealed by No I of the O of 20 Oct. 2021, with effect from 1 Jan. 2022 (AS 2021 632).
Section 5a Requirements for Machines and Equipment
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 2016/1628; 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 TBA 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.
Para. 1 let. a — See footnote to Art. 19b para. 1bis. Para. 2 — SR 946.51
Section 5b …
Art. 20d and 20e
Inserted by No I of the O of 11 April 2018 (AS 2018 1687). Repealed by No I of the O of 20 Oct. 2021, with effect from 1 Jan. 2022 (AS 2021 632).
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. 23
Repealed by No I of the O of 4 July 2007, with effect from 1 Sept. 2007 (AS 2007 3875).
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 Incineration
Inserted by No I of the O of 20 Nov. 1991, in force since 1 Feb. 1992 (AS 1992 124).
Art. 26a Incineration in installations
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.
Art. 26a — 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
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.
Art. 26b — Inserted by No I of the O of 4 July 2007, in force since 1 Sept. 2007 (AS 2007 3875).
