Änderung einer genehmigungsbedürftigen Anlage nach BImSchG Genehmigung für wesentliche Änderung

§ 16 Federal Immission Control Act (BImSchG)
https://www.gesetze-im-internet.de/bimschg/__16.html

4. Federal Immission Control Ordinance (4. BImSchV)
https://www.gesetze-im-internet.de/bimschv_4_2013/index.html#BJNR097310013BJNE000102116

If you plan to make significant changes to a facility that require a permit, you must apply for a permit.

Do you operate a facility that requires a permit under the Immission Control Act, for which you already have a permit under the Immission Control Act, and are you planning to make significant changes to this facility?
Significant changes are those that can cause adverse effects due to the change in location, condition or operation. If these are also significant for the approval requirements of facilities that require approval, you will need approval for them.
You also need a permit if the change or expansion of the operation of plants requiring a permit means that the performance limits or plant size specified in Annex 1 of the 4th BImSchV are reached. You must therefore have any significant changes to plants requiring a permit checked by the responsible authority.
If, in your opinion, the proposed change is not significant, you must notify the competent authority of the change.

Submit your

You do not need a permit if:

• the adverse effects caused by the change are obviously minor and
• the fulfilment of the requirements of the approval prerequisites of the Federal Immission Control Act for installations requiring approval is ensured.

This also applies if an approved installation or parts of an approved installation are to be replaced within the scope of the approval granted.

You will be charged fees. The amount of the fees depends on the investment amount or the administrative costs. They are based on the Hamburg Environmental Fees Ordinance.

The competent authority will decide on your application within 3 to 7 months after receipt of all necessary documents, depending on whether public participation is required or not.

You need approval before you can make the planned changes.

no

• Objection within one month of receipt of the decision
• Action before the administrative court

• Apply for approval for a significant change to a facility requiring approval
• A significant change exists in particular
  • if the change
    • the situation,
    • the nature or
    • of the operation
  • the installation requiring authorisation may have adverse effects and
  • These may be significant for the approval requirements for installations requiring approval under the Federal Immission Control Act.
• A permit is always required if the modification or expansion of the operation of the plant requiring a permit results in performance limits or plant sizes being reached (Appendix 1 of the 4th Federal Immission Control Ordinance (BImSchV)
• If the operator considers that the proposed change is not significant, he must notify the competent authority of the change
• Application: Electronic application for emission control (EliA) or in writing

Environment, Climate, Energy and Agriculture Authority - Functional Accounts / Resources