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Facilities and Attendant Facilities Subject to Licensing Under §4 Federal Immissions Protection Law/BImSchG 2021

Abstract

The Federal Immissions Control Law (Law on the Protection against the Harmful Effects of Air Pollution, Noise, Vibration and Similar Phenomena) requires the authorization of the construction and operation of plants that are particularly likely to have a harmful effect on the environment. These facilities and attendant facilities subject to licensing are listed in the 4th Appendix to the Immissions Control Ordinance of the BImSchG (Ordinance on Facilities and attendant Facilities Requiring Authorization – 4th BImSchV). All facilities which, due to their nature or capacity, are not included in this list are considered to be not subject to licensing.

For some – approx. 30% – of the facilities subject to licensing, emissions statements are required every 4 years, as per the 11th BlmSchV (as of emissions statements 2016, see Table 1, Map 08.07)

For certain very high capacity facilities, the authorization process must involve the public. Most of these are listed in the European Industrial Emissions Directive (Directive 2010/75/EU, Nov. 24, 2010, OJ L334, p.17).

The Senate Department for the Environment, Transport and Climate protection is responsible for all facilities subject to licensing; the competent licensing authority is the State of Berlin, except for facilities of the category Heating/power plants, combustion plants, incl. boilers and gas turbine plants. The State Office for Occupational Safety, Health and Technical Safety (LAGetSi) is the responsible immissions control licensing authority for these power plants. The respective 78 plants (as of 2016) of the type “Heat Production, Mining, Energy”, with a rated thermal output exceeding 20 MW are shown on Map 08.07.1 Fuel Consumption in Combustion Plants Subject to Licensing.

In the present Map 08.08, by contrast, all industrial facilities subject to licensing in the jurisdiction of the Senate Department are listed with their site data, regardless of their emissions declaration obligation.

A major share of these facilities is assigned to the facilities category “Waste”(see Table 1).

Tab. 1: Assignment of facilities and attendant facilities requiring licensing under §4 BImSchG to facility categories defined in the associated ordinance (as of November 18, 2020)
Facilities Number
Heat generation, mining and energy 66
Stones and earths, glass, ceramics, building materials 5
Steel, iron and other metals including processing 30
Chemical products, pharmaceuticals, mineral oil refining and further processing 8
Surface treatment 8
Wood, cellulose 1
Food, drink and animal feed, agricultural products 33
Recovery and disposal of waste and other materials 352
Storage, loading and unloading of substances and mixtures 49
Other industries 35
Total 587
The table contains no information on category Heating/power plants, combustion plants, incl. boilers and gas turbine plants, for which the Senate Department for Urban Development and the Environment is not responsible.