Änderung einer genehmigungsbedürftigen Anlage Genehmigung im Rahmen von Repowering einer Anlage zur Erzeugung von Strom aus erneuerbaren Energien

§ 16 b Federal Immission Control Act (BImSchG)
https://www.gesetze-im-internet.de/bimschg/__16b.html

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

If you intend to make changes to a plant that generates electricity from renewable energy sources and requires a permit, you must apply for a permit from the responsible authority.

Do you operate a plant that requires approval under emissions control law, for which you already have an approval under emissions control law, and are you planning to carry out repowering measures on this plant?
Repowering measures serve to modernize a plant for the purpose of generating electricity from renewable energies.
This repowering measure may have adverse effects compared to the current condition of the plant.
To the extent that these are relevant to the approval requirements for the facility requiring approval, a change approval is required.
Therefore, any changes to installations requiring approval must be reviewed by the emission control authority.
To do this, you must submit an application for a change permit and submit all the necessary documents for the assessment.
The application can be made in writing or electronically.

• Written or electronic application
• Required drawings, plans, reports
• Explanations
• If applicable, further documents about which you will be informed by the competent authority

You will be granted permission to make changes if you meet the following conditions:

1. They ensure that the obligations under the Federal Immission Control Act and the Federal Immission Control Ordinance are fulfilled.
2. Other public law regulations and occupational health and safety concerns do not prevent the construction and operation of the plant.

In the case of repowering of wind turbines, the permit may not be refused even if, after the modernisation, not all the emission guideline values of the technical instructions for protection against noise are complied with, under the condition that:

1. The emission contribution of the modernized wind turbine is lower than the emission contribution of the turbines it replaces.
2. The wind turbine corresponds to the state of the art.

Fees apply. The amount of the fees depends on the investment amount or the administrative costs. They are determined based on the Hamburg Environmental Fees Ordinance.

You submit an application for change approval for the repowering measure to the responsible authority. You can submit the application electronically or in writing.
Please attach to the application the necessary documents that are required to assess the facts of the case.
After receiving the application and the complete documentation, the responsible authority will check whether the proposed changes meet the requirements of emissions control law. After the responsible authority has made a final assessment, you will receive the decision in the form of a notice.

The processing time depends on the procedure and is 3 months without public participation and 6-7 months with public participation.

You need approval before you can make the planned changes.

no

• Contradiction
• Action before the administrative court

• Apply for approval to modify a plant for generating electricity from renewable energies (repowering)
• If you want to modernize a facility that requires approval and generates electricity from renewable energy sources, you will need a permit for this project if and to the extent that
  • these changes will have adverse effects in relation to the current state of the plant and
  • These may be significant for the approval requirements of the installations requiring approval.
• Application: Electronic application for emission control (EliA) or in writing

Authority for the Environment, Climate, Energy and Agriculture