Installations that require authorisation in accordance with the BImSchG (installations requiring authorisation - Section 4 BImSchG)

Numerous technical facilities are subject to authorisation under the Federal Immission Control Act, e.g. larger paint shops, scrap yards, livestock facilities above a certain size, open motor sports facilities, open shooting ranges and shooting ranges, wind turbines with a total height of more than 50 m, biogas plants and many more. The authorisation threshold can be found in the 4th Federal Immission Control Ordinance. The building permit is included in the BImSchG authorisation. Significant changes are subject to authorisation. A large number of changes affecting the plant are subject to notification in accordance with § 15 BImSchG. Notifications in accordance with § 15 BImSchG are made informally to the immission control authority, submitting the documents required for examination.

Before submitting an application, it is advisable to discuss the type and scope of the application documents with the responsible officer.

For some installations, a preliminary environmental impact assessment (general or site-specific) or an environmental impact assessment (EIA) must be carried out in accordance with Annex 1 of the Environmental Impact Assessment Act (list of "projects subject to EIA").

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Wind turbines/wind energy converters (WKA/WEA)

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Installations requiring authorisation under building law (installations not requiring authorisation - Section 22 BImSchG)

For all other projects that do not require a permit under the Federal Immission Control Act, but for which the granting of a building permit is essential, the immission control assessment is carried out in the building permit procedure.

We require meaningful documents as the basis for an immission control assessment. You can use the following checklist as a guide:

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Registration of combustion plants according to the 44th BImSchV

With the entry into force of the 44th BImSchV on 13 June 2019, a registration obligation was introduced for combustion plants that are subject to the regulatory scope of the 44th BImSchV. According to Section 6, operators of such combustion plants must notify the competent authority before commissioning. Existing combustion plants in accordance with Section 2 (4) of the 44th BImSchV must be notified by 01.12.2023. Individual firing installations with a rated thermal input of less than 1 MW are exempt from the notification requirement.

For the notification to the plant register for medium-sized combustion, gas turbine or internal combustion engine plants - 44th BImSchV, you will find below a form according to Annex 1 of the Ordinance.

All notifications submitted in accordance with Section 6 of the 44th BImSchV are recorded in a register of installations within one month of receipt and completeness of the notification, which is updated monthly and then published. The current register of installations can be found here.

Light immissions from light-emitting systems

The guidelines of the Federal/State Working Group for Immission Control (LAI) are used to assess the effect of light immissions on people from light-emitting systems of all kinds, insofar as these are systems or components of systems as defined in Section 3 (5) BImSchG. Light-emitting installations include artificial light sources of all kinds, such as floodlights for illuminating sports facilities, illuminated advertisements, all kinds of stationary lighting, etc. Harmful environmental impacts are deemed to exist if the neighbourhood or the general public is significantly disturbed.

Information on the measurement, assessment and reduction of light immissions from the Federal/State Working Group for Immission Control (LAI)

This ordinance applies to the construction, nature and operation of combustion plants that do not require a licence in accordance with § 4 of the Federal Immission Control Act, with the exception of combustion plants for the combustion of gaseous or liquid fuels with a rated thermal input of 1 megawatt or more.

This regulation does not apply to:

• Firing installations which, according to the state of the art, can be operated without a device for discharging the exhaust gases, in particular infrared radiant heaters,
• firing installations which are intended to

1. Drying goods by direct contact with hot exhaust gases,
2. baking food by direct contact with hot exhaust gases or preparing food in a similar way,
3. to produce alcohol in small distilleries with an annual production of no more than 10 hectolitres of alcohol and an annual operating time of no more than 20 days, or
4. to produce hot water in bathing ovens (except wood-fired hot tubs).

In the case of a firing system for solid fuels that is erected after 31.12.2021, compliance with § 19 (1) 2. of the 1st BImSchV is essential if the distance between the new chimney system to be erected and the nearest residential building is less than 15 metres.

1st BImSchV

Chemicals law includes the following points, among others:

• Chemicals Act
• Hazardous Substances Ordinance
• Chemicals Prohibition Ordinance
• Enforcement of the 2nd BImSchV, the 28th BImSchV and the 31st BImSchV
• Monitoring the disposal of asbestos
• Monitoring of petrol stations in accordance with the 10th, 20th and 21st BImSchV
• Recording and monitoring of hazardous substances in the retail trade and sampling

You can use the following guidelines as a guide:

The guideline for improving noise protection for stationary devices issued by the Federal/State Working Group for Immission Control (LAI) in August 2013 (updated March 2020) provides a sound technical basis for planning and installing air source heat pumps.

Guideline

Recommended distances depending on the sound power level of the heat pump

The Bavarian State Office for the Environment considers the state of the art in immission control for air source heat pumps to be a sound power level of 50 dB(A). According to the LAI guidelines of August 2013, devices that generate a sound power level of less than 50 dB(A) are already available. The distances do not take into account sound shields or multiple reflections, which may double the distances.