Immission control - final decommissioning of a combustion plant in accordance with the 44th BImSchV

Related forms and processes

Prerequisite

You wish to permanently decommission a combustion plant within the scope of the 44th BImSchV (medium-sized combustion, 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 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 municipal administration if the premises with the plant are located in an urban district.

There are different responsibilities. Please contact your district office or municipal administration for more information.

A deviating responsibility applies in the following cases (including companies that are subject to the European Industrial Emissions Directive, the Hazardous Incident Ordinance or mining law):

The 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 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 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 established.

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 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 submit yournotification of permanent closureto the responsible immission control authority.

Standard port

If the address of the operator's place of business and the address of the business premises with the combustion plant to be decommissioned are different, the address of the business premises is decisive as the reference point.

Procedure

The notification of decommissioning 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.

Once the inspection has been passed, the competent authority deletes the installation from the register of installations.

Deadlines

You must report the final decommissioning of the system within one month.

Required documents

• Name and registered office of the operator
• Details of the individual furnaces to be decommissioned
• Date of decommissioning

Costs

There are no costs.

Miscellaneous

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

The obligation to carry out a notification procedure in accordance with § 15 Para. 1 or § 15 Para. 3 BImSchG remains unaffected by the notification in accordance with the 44th BImSchV. The documents required for this must be submitted separately to the responsible immission control authority.

Appeal

None

Legal basis

Verordnung über mittelgroße Feuerungs-, Gasturbinen- und Verbrennungsmotoranlagen (44. BImSchV):

• § 6 Absatz 5 Registrierung von Feuerungsanlagen

Release note

Machine generated, based on the German release by: Umweltministerium Baden-Württemberg, 06.01.2025