IMA Richter & Röckle GmbH & Co. KG: Home

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iMA office Freiburg
Claus-Jürgen Richter
richter(at)ima-umwelt.de
Telephone: +49-761-202-1661

iMA office Stuttgart
Dr. Jost Nielinger
nielinger@ima-umwelt.de
Telephone: +49-7156-4389-15

Excerpt from the Fourth Ordinance for the Implementation of the Federal Immission Control Act (4. BImSchV)

§ 1 Installations requiring a permit

(1) The construction and operation of installations listed in the Annex require a permit if it is to be expected according to existing circumstances that they are to be operated on the same site for longer than twelve months following the date of commissioning. Sentence 1 also applies to installations listed under No. 8 of the Annex, except installations for treatment at source if they are to be operated at the same site for less than twelve months following the date of commissioning. For the installations listed under No. 2.10 column 2, 7.4, 7.5, 7.25, 7.28, 9.1, 9.3 to 9.8 and 9.11 to 9.35 in the Annex, sentence 1 only applies if they are operated for commercial purposes or are used within the framework of commercial undertakings. If the need for a permit for the installations listed in the Annex is dependent on a certain capacity or size of installation being reached or exceeded, the legally and technically possible operational capacity of the installation operated by the same operator shall be used as a basis.

(2) The need for a permit shall cover all planned

  • Part s of installations or process stages which are required for operation, and
  • auxiliary facilities associated with Part s of installations and process stages according to number 1 in terms of location and operation which may be relevant to
  • the occurrence of harmful environmental impacts,
  • precaution against harmful environmental impacts, or
  • the occurrence of other risks, significant drawbacks or significant disturbances,

(3) A. The prerequisites defined in the Annex (see the list of installations below) shall also be given where several installations of the same kind are closely linked in terms of location and operation (common installation) and, overall, reach or exceed the specified installation capacities or sizes.
B. Installations are closely linked in terms of location and operation if they are

 

  • situated on the same site,
  • linked to common operation facilities, and
  • have a comparable technical purpose.

(4) If Part s of an installation or auxiliary facility, which require a permit themselves, are linked to another installation, only one permit is required. (5) If the increase in capacity of an existing installation leads for the first time to exceedance of the capacity or size of the installation, for which a permit is required, the entire installation requires a permit. (6) Installations shall not require a permit if their purpose is research, development or testing of new raw materials, fuels, products or processes at laboratory or pilot scale; this includes such installations at laboratory or pilot installation scale in which new products are produced in a quantity required for their testing by a third Part y before market launch if the new products are to be further investigated or developed.

Excerpt from the Annex to the Fourth Ordinance for the Implementation of the Federal Immission Control Act (4. BImSchV) – list of installations

Differentiation must be made between a

  • formal permit procedure (Column 1 procedure; capacity/size) with Participation of the general public, and
  • “small” permit procedure (Column 2 procedure) without Participation of the general public.
  • When the installation capacity/size is below that of the “small” permit procedure (Column 2 procedure) the gaining of a permit is generally easier.

More information is available through the local authorities.

  1. Heat generation, mining, energy
  2. Non-metallic minerals, glass, ceramics, construction materials
  3. Steel, iron and other metals including their processing
  4. Chemical products, pharmaceuticals, mineral oil refining and  further processing
  5. Surface treatment using organic substances, production of plastic sheets, other forms of processing resins and plastics
  6. Wood, cellulose
  7. Food, beverages, tobacco and animal feed, agricultural products
  8. Recovery and disposal of wastes and other materials
  9. Storage, loading and un-loading of chemical compounds and preparations
  10. Miscellaneous