Special Licensing Requirements For Systems With An Electrical Power Rating Of 300 Mw Or More

Original Language Title: Besondere Genehmigungsvorschriften für Anlagen mit einer elektrischen Nennleistung von 300 MW oder mehr

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231. Regulation of the Federal Minister for Economic Affairs, Family and Youth on special licensing requirements for installations with an electrical nominal output of 300 MW or more

On the basis of § 9 (7) of the German Emissions Protection Act (ETS), BGBl. I n ° 150/2004, as last amended by the Federal Law BGBl. I n ° 65/2010, shall be assigned in agreement with the Federal Minister for Agriculture, Forestry, the Environment and Water Management:

Objective scope

§ 1. (1) This Regulation shall apply to installations in accordance with Article 1 (1) EC with an electrical nominal power of 300 MW or more, including those directly connected to it, the first of which was approved after 25 June 2009.

(2) Co-deposition and compression of CO 2 shall be directly connected with the installations referred to in Article 1 (1) of the EC-K in the sense of paragraph 1.

Approval Requests

§ 2. (1) The application for the first authorisation of an installation pursuant to § 1 (1) shall contain, in addition to the documents referred to in § 6 EC K, information on a check to determine whether the following conditions are fulfilled:


Availability of appropriate geological storage sites for CO 2 ;


technical and economic feasibility of transport systems for CO 2 ;


technical and economic feasibility of a retrofit for the CO 2 -deposition.

(2) For installations which have been granted the first legally binding authorisation after 25 June 2009 but prior to the entry into force of this Regulation, the operator shall verify, in accordance with paragraph 1, the competent authority responsible for the first authorisation of the establishment of the installation. to provide authority. § 3 shall apply in this case.

Approval procedure, approval certificate

§ 3. (1) On the basis of the review referred to in Article 2 (1) and other available information, in particular as regards the protection of the environment and human health, the Authority shall decide whether the conditions for a body to be established shall be: Capture and compression of CO 2 are fulfilled.

(2) If the conditions referred to in § 2 (1) are fulfilled, the Authority shall determine with the notification in the approval procedure in accordance with § 8 EC-K that appropriate space for a facility for deposition on the applicant's premises shall be met. and compression of CO 2 shall be provided.

(3) If the conditions referred to in § 2 (1) are not fulfilled, this shall not constitute a reason for the authorisation and shall not contain a decision in accordance with paragraph 2 in the authorisation procedure.

Implementation of European Union legal acts

§ 4. This Regulation lays down Directive 2001 /80/EC on the limitation of emissions of certain pollutants into the air from large combustion plants, OJ L 206, 22.7.2001, p. No. 1, and Directive 2008 /1/EC on integrated pollution prevention and control (OJ L 309, 27.11.2001, p. No. 8, as amended by Directive 2009 /31/EC on the geological storage of carbon dioxide, OJ L 24, 29.1.2008, p. No. 114, and Directive 2010 /75/EU on industrial emissions (integrated pollution prevention and control), OJ L 140, 5.6.2010, p. No. OJ L 334, 17.12.2010 p. 17.