Änderung einer genehmigungsbedürftigen Anlage nach BImSchG Genehmigung für störfallrelevante Änderung

§ 16a Federal Immission Control Act (BImSchG)
https://www.gesetze-im-internet.de/bimschg/__16a.html

If you want to make important changes to a facility that requires approval, you will need approval

If you operate a facility that requires a permit and plan to make changes to this facility that could cause a major accident, you will need a permit.

Changes with potential impacts on accidents could result in the installation posing a significant hazard or no longer meeting the applicable emission control requirements.

• Required drawings, plans, reports
• Explanations and
• If necessary, further documents about which you will be informed by the competent authority.

You will be granted permission to make changes if:

• it is ensured that the obligations arising from the requirements of the Federal Immission Control Act and the Federal Immission Control Ordinance are fulfilled and
• other public law regulations and occupational health and safety concerns do not conflict with the construction and operation of the facility.

You do not need a permit if you already ensure compliance with the appropriate safety distance through binding specifications at the level of a spatially significant plan or measure.

Fees apply. The amount of the fees depends on the investment amount or the administrative effort.

You submit the application for approval of accident-relevant changes to your facility requiring approval in writing or electronically to the responsible authority. You attach all the necessary documents to the application.
The responsible authority will examine your application and the documents. If necessary, the responsible authority will request further documents or information from you.
Once the application and the documents have been submitted, the responsible authority will check whether the planned changes meet the requirements of emission control law.
After the final assessment, the responsible authority will decide on your application. You will receive a notification.

The procedure cannot be carried out using the simplified procedure. The competent authority must involve the public. The processing time is 7 months.

You need approval before you start your project.

The procedure cannot be carried out using a simplified procedure. The competent authority must involve the public.

• Contradiction
• Action before the administrative court

• Apply for approval for a major accident-relevant change to a facility requiring approval
• An approval is required for major accident-relevant changes to plants requiring approval that are part of an operating area or part of an operating area:
  • if the appropriate safety distance to neighbouring protected objects is exceeded for the first time due to the change relevant to the incident,
  • the safety distance that has already been exceeded is spatially exceeded even further or
  • a significant increase in danger is triggered.
• A permit is not required if and to the extent that the requirement to maintain an appropriate safety distance is already taken into account by other binding requirements.

Authority for the Environment, Climate, Energy and Agriculture