Legal aspects of ozone
Ozone is a triatomic oxygen molecule (O₃) formed both through natural and anthropogenic processes. While it provides a significant shield against ultraviolet radiation in the stratosphere, at ground level it acts as an environmentally and health-damaging irritant gas. Regulations governing the handling, production, emission, monitoring, and control of ozone are extensively codified in various areas of law. The following presentation examines legally relevant aspects of ozone in the context of environmental law, occupational health and safety law, product safety law, and other pertinent regulations.
Ozone in environmental law
Ozone and emission control law
The handling of ozone in the environment is primarily regulated by the Federal Immission Control Act (BImSchG) as well as numerous European and national implementing provisions. Due to the health-hazardous properties of ozone, particularly at ground-level concentrations, there are legally binding threshold values and monitoring procedures for the supervision of ozone pollution.
European directives and regulations
Directive 2008/50/EC on ambient air quality and cleaner air for Europe sets the framework for the assessment and control of concentrations of pollutants, including ozone. It requires, among other things, that Member States maintain national monitoring networks, regularly monitor ozone concentrations, and inform the public about significant exceedances.
National legislation and threshold values
In Germany, the 39th Federal Immission Control Ordinance (39th BImSchV) in particular regulates threshold values for ozone. Among other things, the ordinance stipulates target and information values for ozone concentration in outdoor air. If certain threshold values are exceeded, authorities are required to inform about the risks and, if necessary, to implement measures. Exceeding the thresholds can result in measures pursuant to Section 47 (1) BImSchG, up to and including traffic restrictions or temporary shutdowns of operations.
Ozone and environmental impact assessment
As a relevant air pollutant, ozone is regularly a component of environmental impact assessments (EIA) in accordance with the Environmental Impact Assessment Act (UVPG). For planned projects that could lead to increased levels of ozone precursors (e.g. industrial plants), potential ozone generation must be considered and assessed.
Ozone in occupational health and safety law
Workplace limit values and risk assessment
Specific limit values apply to ozone in the workplace, as defined by the Technical Rule for Hazardous Substances (TRGS 900 ‘Workplace Exposure Limits’). Even at low concentrations (from 0.1 ppm), ozone can irritate the respiratory tract. Employers are required, through a strict interpretation of the Hazardous Substances Ordinance (GefStoffV), to provide sufficient protective measures to ensure compliance with statutory limits. These include technical and organizational measures as well as, if necessary, the provision of suitable personal protective equipment.
Notification and documentation obligations
If ozone is released or used during activities in the workplace, these processes must be documented. Employers must carry out a risk assessment pursuant to Sections 5 and 6 of the Occupational Health and Safety Act (ArbSchG) and regularly check and adapt corresponding measures.
Ozone in product safety and chemicals law
Classification, labeling, and restrictions
Legally, ozone is also assessed from the perspective of product safety. The European REACH Regulation (EC No. 1907/2006) and the CLP Regulation (EC No. 1272/2008) govern the classification, labeling, and packaging of chemical substances and mixtures. Ozone is classified as a substance that may be subject to explicit restrictions, as it is considered acutely toxic when inhaled.
Special regulations for ozone-generating systems
Devices that generate or release ozone are subject to the German Equipment and Product Safety Act (ProdSG). They require a conformity assessment procedure and must comply with all relevant safety requirements. Ozone applications, such as in water treatment plants or air purifiers, are often additionally regulated by specific technical regulations and standards such as DIN 19627 (‘Ozone systems in water treatment’).
Ozone, health protection, and consumer law
Information obligations and consumer protection
Manufacturers of devices and products that release ozone are required by the Product Safety Act (ProdSG) to provide detailed information on potential health hazards. If threshold values are exceeded, consumers may assert claims under the Product Liability Act (ProdHaftG) or the German Civil Code (BGB) if damage occurs.
Notification obligations in case of ozone emissions
If there is suspicion of a danger caused by ozone (e.g. by defective devices), a notification obligation for manufacturers and distributors can arise under Section 26 ProdSG. Authorities are required to inform the public about ozone exposure or concrete dangers when the set values are exceeded (particularly through the 39th BImSchV).
Ozone in an international context
Agreements on the protection of the ozone layer
While ground-level ozone is considered a pollutant, stratospheric ozone is essential for the earth’s UV protection. This is the subject of international agreements such as the Vienna Convention for the Protection of the Ozone Layer of 1985 and the Montreal Protocol of 1987. Implementation of these agreements is mainly achieved on the national level through the Chemicals Ozone Layer Ordinance (ChemOzonSchichtV), which strictly regulates the production and use of ozone-depleting substances.
Criminal and administrative penalties related to ozone
Violations of the requirements of emission control law, chemicals law, or product safety law in connection with ozone are prosecuted through fines or criminal sanctions. Relevant provisions can be found particularly in Sections 62 and 65 BImSchG, as well as in the corresponding ordinances and product-specific regulations.
Summary
Ozone is governed by a complex legal framework. The regulatory scope ranges from emission control, occupational health and safety, and product safety to international agreements for the protection of the stratospheric ozone layer. Compliance with statutory threshold values, conducting environmental impact and risk assessments, and fulfilling information and notification obligations are central to ozone regulation. Violations of relevant provisions may result in severe sanctions. Therefore, for activities or products involving ozone, the relevant regulations and thresholds must always be observed.
Frequently Asked Questions
What legal requirements apply to handling ozone in workplaces?
Handling ozone in the workplace in Germany is subject to strict legal requirements to protect employees’ health. The main regulation is the Hazardous Substances Ordinance (GefStoffV), which classifies ozone as a hazardous substance. Pursuant to Section 6 GefStoffV, employers must carry out a risk assessment in which the health risk posed by ozone exposure at the workplace is systematically identified and assessed. The Technical Rules for Hazardous Substances (TRGS), in particular TRGS 900, set binding workplace exposure limits (AGW) for ozone, currently 0.1 ppm (0.2 mg/m³) for the average ozone concentration during an 8-hour shift. Additionally, the Workplace Ordinance (ArbStättV) requires measures to limit ozone concentration indoors. Employers must ensure adequate ventilation and appropriate protective measures and regularly instruct employees on the safe handling of ozone. Violations of these requirements can be prosecuted as administrative offenses or criminal acts under the Occupational Health and Safety Act (ArbSchG).
Is there an approval requirement for ozone-generating devices?
Ozone-generating devices, such as ozonizers used for disinfection, odor neutralization, or water treatment, are subject in Germany to market surveillance and, where applicable, an approval requirement. The Product Safety Act (ProdSG) and specific European standards such as the Machinery Directive 2006/42/EC are particularly applicable. Responsible distributors must carry out a conformity assessment and attach a CE marking before first use. For devices used for chemical disinfection, the biocide regulations of the Biocidal Products Regulation (EU) No. 528/2012 are also relevant. According to these, ozone generators marketed as biocidal products may only be made available and used if they and their active substance (ozone as a biocidal active substance) are listed in the “List of Approved Active Substances.” Manufacturers and importers must also observe the requirement for safety data sheets and ensure competent application.
What notification and reporting obligations exist for the use of ozone?
Certain applications involving ozone are subject to notification or reporting obligations to the competent authorities. In particular, when commissioning ozone-generating plants, for example in waterworks, medical practices, or industrial facilities, a notification pursuant to Section 7 of the Federal Immission Control Act (BImSchG) may be required if relevant emissions of ozone or other hazardous substances are expected. In addition, under chemicals law, a notification obligation under Section 16 of the Chemicals Act (ChemG) must be checked if new hazardous chemicals or mixtures are used for the first time on a commercial scale. For plants with increased hazard potential, the Major Accidents Ordinance also applies, so the plant must be reported to the supervisory authority prior to commissioning and continuously monitored.
What documentation obligations apply when using ozone?
Legally, it is required to document in detail all processes associated with the use of ozone. The documentation obligation covers the risk assessment (basis: Section 6 GefStoffV), preparation and updating of operating instructions under Section 14 GefStoffV, as well as recording of employee instruction and training (§ 14 (2) GefStoffV). Additionally, monitoring records of ozone concentration, maintenance and inspection reports of devices, as well as incident logs (for example, in case of malfunctions or threshold exceedances) must be kept for at least 10 years. Authorities may request access to these records at any time.
Are there special disposal regulations for ozone-contaminated materials?
Yes, special environmental regulations apply to the disposal of ozone-contaminated materials. Ozone itself dissipates into oxygen after a short period, but residues and materials contaminated through ozone treatment can arise, which are considered hazardous waste. According to the Circular Economy Act (KrWG) and the Waste Catalogue Ordinance (AVV), such waste—depending on its level of hazard—must be classified as hazardous waste, assigned to appropriate waste groups, and transferred to a licensed disposal company. In addition, it may be necessary to report the disposal to the competent waste authority and provide proof thereof (§ 50 KrWG).
What liability risks exist in case of improper handling of ozone?
Improper handling of ozone may result in civil, public, and criminal liability risks. In employment law, employers are liable for health damages to employees resulting from disregard of protective regulations (Section 618 BGB, Section 823 BGB). Under environmental law, fines and criminal sanctions can result from environmental criminal law (Section 324a StGB), in particular in cases of illegal release of ozone or ozone by-products causing harmful environmental impacts. In addition, the Administrative Offenses Act (OWiG) provides for significant fines if required protective measures or documentation duties are not fulfilled. In the case of serious violations, an occupational ban or confiscation of equipment may be imposed.
