Immission control - Display emission-relevant modification of a combustion plant according to 44. BImSchV

As the operator of a combustion plant (medium-sized combustion plant, gas turbine and internal combustion engine plant), you are obliged to notify the responsible immission control authority of any emission-relevant changes to the plant prior to implementation.

Prerequisite

You would like to make an emission-relevant change to a combustion plant within the scope of the 44th BImSchV (medium-sized combustion plant, gas turbine or internal combustion engine plant).

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 plants that fall under the scope of the 44th BImSchV is the local lower immission control authority:

  • 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 (among others, for 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 company premises on which:

  • at least one installation that is labelled with the letter E in column d of Annex 1 of the Ordinance on Installations Requiring a Permit,
  • at least one operating area in accordance with Section 3 (5a) of the Federal Immission Control Act (hazardous incident operation),
  • at least one installation which, 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 established.

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

  • Operational sites including the facilities and activities located thereon that 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
  • Operating sites with facilities used for the construction, significant expansion and significant modification of underground cavities.

Please ensure that you notify the responsible immission control authority of any emission-relevant changes.

Standard port

If the address of the operator's registered office and the address of the business premises with the combustion plant are different, the address of the business premises shall be used as the reference point.

Procedure


The notification of the emission-relevant change 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 issue a notification.

If necessary, the authority will make an amendment to the installation register

Deadlines

The emission-relevant modification of an installation must be notified prior to implementation.

Required documents

The notification must be accompanied by the documents required for an assessment.

Costs

There are no costs.

Miscellaneous

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

The following applies to installations requiring authorisation under immission control law: The obligation to carry out a modification approval procedure in accordance with § 16 BImSchG or a notification procedure in accordance with § 15 Para. 1 BImSchG remains unaffected by the notification in accordance with the 44th BImSchV. Necessary procedures must be dealt with separately.

Appeal

None

Legal basis

Vierundvierzigste Verordnung zur Durchführung des Bundes-Immissionsschutzgesetzes(44. BImSchV)

  • § 5 Emissionsrelevante Änderung in einer Feuerungsanlage
  • § 6 Registrierung von Feuerungsanlagen

Release note

machine generated, based on the German release by: Umweltministerium Baden-Württemberg, 04.12.2024