Immission control - Display operation or commissioning of a combustion plant according to 44. BImSchV

Prerequisite

The notification obligation applies to

1. combustion plants subject to authorisation and combustion plants not subject to authorisation (medium-sized combustion plants, gas turbine and internal combustion engine plants) with a rated thermal input of at least 1 megawatt and less than 50 megawatts, regardless of which fuels or which types of fuel are used;
2. combustion plants subject to authorisation (medium-sized combustion plants, gas turbine and internal combustion engine plants) with a rated thermal input of less than 1 megawatt, irrespective of the fuels or types of fuels used; and
3. joint combustion plants pursuant to § 4 of the 44th BImSchV with a rated thermal input of at least 1 megawatt each, regardless of which fuels or which types of fuels are used, unless this combination forms a combustion plant with a rated thermal input of 50 megawatts or more, which falls under the scope of the Ordinance on Large Combustion Plants, Gas Turbine and Internal Combustion Engine Plants - 13th BImSchV.

The notification must contain the information specified in Annex 1 of the 44th BImSchV.

Responsible department

The responsibilities in the area of immission control are regulated in the Immission Control Competence Ordinance of the state of Baden-Württemberg.

In most cases, the competent authority for installations that fall under the scope of the 44th BImSchV is the local lower immission control authority, i.e

• the district office if the premises with the plant are located in a district,
• the city administration if the premises with the plant are located in a city district.

A different responsibility applies in the following cases, for example in the case of companies that are subject to the European Industrial Emissions Directive, the Hazardous Incident Ordinance or mining law:

Departments 5, Environment of the respective locally responsible regional councils are the competent immission control authorities for business premises on which

• at least one installation marked with the letter E in column d of Annex 1 of the Ordinance on Installations Requiring a Licence,
• at least one operating area in accordance with Section 3 (5a) of the Federal Immission Control Act (hazardous incident operation),
• at least one installation that requires a licence pursuant to Section 60 (3) sentence 1 no. 2 or no. 3 of the Federal Water Act, or
• at least one landfill in accordance with Article 10 in conjunction with Annex I of Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control), as amended

exists or is to be constructed.

Department 9, State Office for Geology, Raw Materials and Mining of the Freiburg Regional Council is also the state-wide competent immission control authority for

• Operational sites, including the facilities and activities located on them, which are subject to mining supervision,
• Operating sites with cable cars and funicular railways used for passenger transport,
• Operating sites with high-pressure gas pipelines which, as energy installations within the meaning of the Energy Industry Act, serve to supply gas and which are designed for a maximum permissible operating pressure of more than 16 bar,
• Underground waste disposal facilities and
• Sites with installations used for the construction, significant expansion and significant modification of underground cavities.

Please ensure that you submit the notification to the immission control authority responsible for your combustion plant.

Standard port

If the address of the operator's registered office and the address of the business premises with the combustion plant to be reported are different, the address of the business premises is decisive as the reference location.

Procedure

The notification must be submitted electronically to the competent authority.

The authority checks the notification formally and for completeness.

If the notification is incomplete, the competent authority will notify you.

Once the formal check has been passed, the competent authority enters the installation in the register of installations and informs you of the registration.

Deadlines

The notification must be submitted before commissioning a new system. The operation of an existing installation must be notified by 1 December 2023.

Required documents

• Thermal input of the combustion plant (in megawatts);
• Type of firing plant (diesel engine plant, gas turbine, dual-fuel engine plant, other engine plant, other firing plant);
• Type of fuel used and respective share of total energy input;
• Date of commissioning of the combustion plant;
• the NACE code (classification of economic activities) to which the other activity is to be assigned:
• expected number of annual operating hours of the combustion plant and average operating load;
• if a scheme for installations with few operating hours is used: a declaration signed by the operator stating that the combustion plant will not be in operation for more than the number of hours specified in those paragraphs;
• if use is made of an emergency operation scheme: a declaration signed by the operator stating that the combustion plant will only operate in an emergency;
• Name and registered office of the operator and location of the installation with address;
• Geo-coordinates of the chimney and height above ground.

Costs

There are no costs.

Miscellaneous

Please make sure that you submit the notification to the immission control authority responsible for your combustion plant.

Appeal

None

Legal basis

Vierundvierzigste Verordnung zur Durchführung des Bundes-Immissionsschutzgesetzes

• § 6 Abs. 1 und Abs. 2 (44. BImSchV) Registrierung von Feuerungsanlagen

Bundes-Immissionsschutzgesetz

VERORDNUNG (EG) Nr. 1893/2006 DES EUROPÄISCHEN PARLAMENTS UND DES RATES vom 20. Dezember 2006

Verordnung der Landesregierung, des Umweltministeriums und des Verkehrsministeriums über Zuständigkeiten für Angelegenheiten des Immissionsschutzes

Vierte Verordnung zur Durchführung des Bundes-Immissionsschutzgesetzes

Richtlinie 2010/75/EU des Europäischen Parlaments und des Rates über Industrieemissionen (Integrierte Vermeidung und Verminderung der Umweltverschmutzung - „IED/IE-Richtlinie“

Gesetz zur Ordnung des Wasserhaushalts

• § 60 Abwasseranlagen

Dreizehnte Verordnung zur Druchführung des Bundes-Immissionsschutzgesetzes

Release note

machine generated, based on the German release by: Umweltministerium Baden-Württemberg, 27.06.2024