231. Ordinance of the Federal Minister for economy, family and youth special permit requirements for plants with an electrical power rating of 300 MW or more
On the basis of § 9 section 7 of the emission protection law for boiler installations - EC-K, Federal Law Gazette I no. 150/2004, I will be amended by the Federal Act Federal Law Gazette No. 65/2010, in agreement with the Federal Minister of agriculture and forestry, environment and water management prescribed:
1. (1) this Regulation applies to installations referred to in article 1, paragraph 1 EC-K with an electrical power rating of 300 MW or more, including directly associated facilities, whose first building was approved after June 25, 2009.
(2) facilities for the capture and compression of CO2 are EC-K directly related facilities within the meaning of paragraph 1 with the installations referred to in article 1, paragraph 1.
§ 2 (1) which has the first construction permit of a facility pursuant to section 1 para 1 application - in addition to those in article 6 EC K gave mentioned documents - on a review to contain if the following conditions are met: 1. availability of suitable geological storage sites for CO2;
2. technical and economic feasibility of transport facilities for CO2;
3. technical and economic feasibility of retrofitting for CO2 capture.
(2) for plants, whose first final construction approval has been granted before the entry into force of this regulation after June 25, 2009, the review pursuant to paragraph 1 of the authority responsible for the initial authorization of establishment of is to submit by the operator. section 3 applies in this case.
§ 3 (1) on the basis of the review referred to in article 2, paragraph 1, as well as other available information, in particular as regards the protection of the environment and human health, decides the authority, whether the conditions for a facility for the capture and compression of CO2 are met.
(2) the conditions referred to in section 2 paragraph 1 are met, the authority with the approval in accordance with § 8 with EC-K letter sets that adequate space is provided for a facility for the capture and compression of CO2 at the premises of the applicant.
(3) the conditions referred to in section 2 paragraph 1 are not met, this represents no refusal reason of approval and has the level in the approval notice to contain any determination referred to in paragraph 2.
Implementation of legal acts of the European Union
§ 4. By this regulation be Directive 2001/80/EC on the limitation of emissions of certain pollutants in the air, OJ from No. L 309 of the 27.11.2001 integrated S. 1, as well as the Directive 2008/1/EC on the prevention and reduction of environmental pollution, OJ No. L 24 of the 29.1.2008 page 8, each as amended by Directive 2009/31/EC on the geological storage of carbon dioxide, OJ No. L 140 of the 05.06.2009 S. 114, and 2010/75/CE directive on industrial emissions (integrated pollution prevention and control of pollution), OJ No. L 334 of the 17.12.2010 p. 17, implemented.