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On August 1, 2023, the nationwide Substitute Construction Materials Ordinance (EBV) and the revised Federal Soil Protection and Contaminated Sites Ordinance (BBodSchV 2021) will take effect. They are part of the so-called umbrella regulation, with the official title: “Regulation on the Introduction of a Regulation on Substitute Construction Materials, on the Revised Version of the Federal Soil Protection and Contaminated Sites Regulation, and on the Amendment of the Landfill Regulation and the Commercial Waste Regulation.”
The EBV is, for the first time, a nationwide binding framework for the proper recycling of mineral waste. This includes, among others, recycled construction materials from construction and demolition waste, railway ballast, soil, slags, further processed industrial waste, and municipal solid waste incineration ash. Substitute construction materials are used when technical structures are built, such as roads, rail transport routes, parking areas, storage spaces, utility trenches and excavations, as well as embankments, noise barriers, and visual protection walls. The limit values regulated in the EBV, with regard to various pollutants, classify mineral substitute construction materials (MEB) into different material classes, which must be ensured by the manufacturer within the framework of quality monitoring.
The EBV replaces state-specific regulations such as LAGA construction waste or the RCL guideline. The revised version of the Federal Soil Protection Ordinance (BBodSchV) 2021 brings the existing regulation up to date and extends its scope to include the placement or incorporation of soil material below or outside a rootable soil layer. As a result, LAGA soil and its state-specific interpretations are also replaced as of August 1, 2023. An extended transition period until August 1, 2031 applies to backfilling of excavations that were already approved before July 16, 2021.
For sampling, the BBodSchV stipulates that it must be planned, supervised, and documented by experts in accordance with §18 BBodSchG or equivalent qualifications. The actual sampling may only be carried out by accredited bodies (according to DIN EN ISO/IEC 17025 or DIN EN ISO/IEC 17020) or by testing bodies notified in accordance with §18 sentence 2 BBodSchG. A transition period of 5 years applies to this regulation until August 1, 2028.
Construction projects that will only be completed after August 1, 2023 should already be evaluated according to the new regulations. It is advisable to consult the authority responsible for the construction project in advance to determine which testing scope should be commissioned from the laboratory in order to avoid time-consuming and costly duplicate testing.
The Landfill Ordinance (DepV) remains valid with its existing analytical requirements and has been supplemented by the provision that tested and classified mineral substitute construction materials in accordance with the EBV may be disposed of without additional analysis under the DepV, according to the listed categories.
The official new Mantelverordnung can be found here:
https://dserver.bundestag.de/brd/2021/0494-21.pdf
These new legal regulations pose new analytical challenges for laboratories. Large eluates of up to 25 L depending on grain size, an increased number of column eluates, and sieve analyses of air-dried samples are among the aspects to be mentioned in sample preparation. Horn & Co. Analytics GmbH is well prepared for the new analytical requirements and is pleased to offer the corresponding new analysis packages. Please direct your inquiry to: anfrage-analytics@horn-co.de.
Deadlines at a glance:
