Act For The Protection Against Harmful Environmental Impacts Caused By Air Pollutants, Noises, Vibrations, And Similar Operations

Original Language Title: Gesetz zum Schutz vor schädlichen Umwelteinwirkungen durch Luftverunreinigungen, Geräusche, Erschütterungen und ähnliche Vorgänge

Read the untranslated law here: http://www.gesetze-im-internet.de/bimschg/BJNR007210974.html

Act for the protection against harmful environmental impacts caused by air pollutants, noises, vibrations, and similar operations (Federal Immission Control Act BImSchG) BImSchG Ausfertigung date: 15.03.1974 full quotation: "Federal Immission Control Act as amended by the notice of May 17, 2013 (BGBl. I p. 1274), most recently by article 1 of the law of 20 November 2014 (BGBl. I S. 1740) has been changed" stand: Neugefasst by BEK. v. 17.5.2013 I 1274 last amended by art. 1 G v. 20.11.2014 I 1740 for details on the stand number found in the menu see remarks footnote (+++ text detection from validity: 1.4.1982 +++) (+++ changes due to EinigVtr cf. §§ 10, 10a, 67a u. 74 +++) (+++ official note of the standard authority on EC law: implementation of EWGRL 50/2008 (CELEX Nr: 32008 L 0050) see G v. 31.7.2010 I 1059 +++) table of contents part I General provisions article 1 purpose of the Act section 2 scope article 3 definitions Part II construction and operation of plants first section Genehmigungsbedürftige Templates section 4 approval section 5 obligations Article 6 authorisation of operators permit requirements article 7 regulations on requirements for installations requiring a permit section 8 partial permit § 8a approval early commencement of section 9 notice section 10 approval procedure § 11 objections of third parties at partial permit and notice § 12 incidental provisions for the approval of article 13 approval and other regulatory decisions § 14 exclusion of private defense claims § 14a simplified proceedings § 15 change approval of plants § 16 major change of approval of installations article 17 retroactive orders section 18 cancellation of approval article 19 simplified procedure article 20 Prohibition , Decommissioning and disposal section 21 revocation of the permit second section installations not requiring a permit section 22 obligations of the operator of not approval of equipment for section 23 requirements of the establishment, the nature and the operation of does not permit of plants § 24 orders in individual cases article 25 prohibition of third section determination of emissions and Immissions, safety checks section 26 measurements from special occasion section 27 emission Declaration article 28 initial and recurring measurements at licensable systems § 29 continuous measurements § 29a order safety checks of § 29 b notification of authorities and experts article 30 costs of measurements and technical safety checks article 31 obligations of the operator of third part nature of equipment, materials, products, fuels and fuels and lubricants;
Greenhouse gas reduction in fuels of first section nature of plants, substances, products, fuels and fuels and lubricants section 32 nature of plants § 33 section 34 approval characteristics of fuels, fuels and lubricants section 35 composition of substances and products section 36 section 37 export fulfilment of international agreements and legal instruments of the European communities or the European Union second section of greenhouse gas reduction in fuels § 37a minimum share of biofuels in total of fuel marketed; Greenhouse gas mitigation section 37 (b) definitions and eligibility of biofuels section 37 c notification and delivery obligations § 37d competent authority, legal regulations § 37e fees and expenses; Authority to issue regulations section 37f reports on fuels and energy products § 37 g report of the Federal Government in part four nature and operation of vehicles, construction and modification of roads and railways section 38 nature and operation of vehicles section 39 compliance with intergovernmental agreements and legislative acts of the European communities or of the European Union article 40 traffic restrictions section 41 roads and railways section 42 compensation for noise protection measures section 43 regulation of the Federal Government part five monitoring and improvement of air quality , Air clean holding planning § 44 § 45 air quality monitoring improvement in the air quality section 46 emission inventories article 46a article 47 public information clean air plans, plans for short term to poignant measures, land regulations sixth part noise reduction planning Section 47a scope of application of the sixth part § 47 b definitions § 47 c noise maps section 47 d noise action plan section 47e competent authorities section 47f regulations part seven common provisions article 48 administrative provisions § 48a legal regulations on emissions and Immissions values § 48 b participation of the Bundestag for the adoption of legal regulations § 49 protection of certain areas § 50 planning § 51 hearing actor circles § 51a Commission on plant safety § 51 (b) ensuring the possibility of delivery of § 52 monitoring § 52a monitoring plans, monitoring programs for systems after the Industrieemissions directive Article 52 b notification requirements to the operating organization section 53 order an operations representative for immission § 54 tasks § 55 obligations of the operator section 56 opinion on decisions of the operator § 57 lecture law § 58 Prohibition of discrimination, protection against dismissal section 58a order an incident officer section 58 b tasks of the incident officer section 58 c duties and rights of the operator to the incident officer section 58 d prohibition of discrimination of the incident officer , Dismissal section 58e facilitation for audited offices section 59 competence in systems of national defence section 60 exceptions for systems for national defense § 61 reporting to the European Commission § 62 offences sections 63 to 65 (dropped out) eighth part final provisions § 66 continuity provisions section 67 transitional provision of § 67a transfer control from occasion of the unification of Germany articles 68 to 72 (change of legislation, transfer of references, repeal of regulations) section 73 (dropped out) plant (to section 3 paragraph 6) criteria to determine the State of the art part I General provisions article 1 purpose of the Act (1) purpose of this law is it, people, animals and plants, soil, water, to protect the atmosphere, as well as cultural and other real assets from adverse environmental impacts and to prevent the emergence of harmful environmental impacts.
(2) in the case of installations requiring a permit, this law also serves – prevention and control harmful environmental impacts of integrated due to emissions to air, water and soil involving waste management, to achieve a high level of protection for the environment as a whole, and - the protection and the prevention of hazards, considerable disadvantages and considerable harassment caused in other ways.

§ 2 scope (1) the provisions of this Act apply to 1 the establishment and operation of facilities, 2. the manufacture, placing on the market and import of equipment, fuels and fuels, materials and products from materials in accordance with sections 32 to 37, 3. the nature, the equipment, the operation and testing of motor vehicles and their trailers and of rail, air and water vehicles and floats and floating devices in accordance with sections 38 to 40 and 4. the construction of public roads and Railways, maglev trains and tramways in accordance with sections 41 to 43.
(2) the provisions of this Act do not apply for airfields, as far as not the resulting from this law requirements for establishments or the sixth part are concerned, and for systems, devices, devices as well as nuclear fuel and other radioactive substances which are subject to the provisions of the Atomic Energy Act or an Ordinance thereafter adopted, as far as it's protection against the dangers of nuclear energy and the harmful effects of ionising radiation. They also do not apply as far as something else resulting from water regulations of the Federal and State Governments to protect of the aquatic environment or from rules of the fertilizers and plant protection law.
(3) the provisions of this Act on waste do not apply to 1 air pollution 2. soils of the place of origin (soils in situ) including not lifted, contaminated soil and buildings permanently connected with the ground, 3. not contaminated soil material and other naturally occurring material which were excavated during construction work provided that it is ensured that the materials in their natural state in the place where they were excavated, , used for construction purposes.

Section 3 definitions (1) adverse environmental impacts in the meaning of this law are nuisances, which are suitable for nature, extent or duration, risks to bring about significant disadvantages or considerable nuisances for the community or the neighbourhood.
(2) emissions within the meaning of this law are acting air pollution, noise, vibration, light, heat, rays and similar environmental impacts on people, animals and plants, the soil, the water, the atmosphere and culture - and other real assets.
(3) emissions within the meaning of this law are the air pollution outgoing from a plant, noise, vibration, light, heat, rays and similar phenomena.
(4) air pollution in the meaning of this law are changes in the natural composition of the air, in particular through smoke, soot, dust, gases, aerosols, fumes or odours.
(5) investments in the meaning of this law are 1 premises and other fixed facilities, 2 machines, devices and other mobile equipment, except public roads as well as vehicles, as far as they are not the provision of § 38, and 3 land, where materials are stored or deposited or work carried out, can cause emissions.
(5a) an operating range is the entire area under the supervision of an operator in the dangerous substances within the meaning of article 3 paragraph 4 of Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances (OJ EC 1997 No. L 10, p. 13), as amended by Directive 2003/105/EC of the European Parliament and of the Council of 16 December 2003 (OJ EU no. L 345, p. 97), in one or more installations, including common or related infrastructures and activities including storage within the meaning of article 3, point 8 of the directive in the quantities referred to in article 2 of the directive are actually present or intended or will be present unless it can be assumed that the dangerous substances at a runaway industrial chemical processes apply; the institutions listed in article 4 of Directive 96/82/EC, risks and activities are excluded.
(6) State of the art within the meaning of this Act is the development advanced procedures, facilities or operations, which makes a total secured appear the practical suitability a measure to limit emissions to air, water and soil, to ensure of plant safety, ensuring an environmentally sound waste disposal, or otherwise for the prevention or reduction of impact on the environment to achieve a common high level of protection for the environment. There are in particular the criteria listed in the annex to take into account in determining the State of the art.
(6a) the BREF in the meaning of this law is a document, on the basis of the exchange of information referred to in article 13 of Directive 75/2010/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control of pollution) (recast) (OJ L 334 of the 17.12.2010, p. 17) will be created for certain activities and describes in particular the techniques, the current emission and consumption levels, all future techniques as well as the techniques that were taken into account for determining the best available techniques, as well as the bat conclusions.
(6B) bat conclusions in the meaning of this law are under article 13 paragraph 5 of Directive 2010/75/EC of the European Commission statutes document that contains the parts of a BVT memo with the conclusions in relation to the following: 1 the best available techniques, their description, and information for assessing their applicability, 2. the emission levels associated with the best available techniques, 3. to points 1 and 2 associated surveillance measures , 4. the consumption values to points 1 and 2, as well as 5 the applicable site remedial measures.
(6c) emission bandwidth in the meaning of this law are the emission levels associated with the best available techniques.
(6 d) the emission levels associated with the best available techniques within the meaning of this law are the range of emission values obtained under normal operating conditions, using a best available technique or a combination of the best available techniques as described in the BAT reference documents conclusions expressed as average for a specified period of time under specific terms of reference.
(6e) emerging techniques within the meaning of this law are new techniques for systems after the Industrieemissions directive, which could offer either a higher General level of environmental protection, or at least the same level of environmental protection and greater cost savings than the existing State of the art for commercial use.
(7) processing, editing or other handling, inserting in the meaning of this Act shall be equivalent to other spending in the area of application of this Act the manufacture within the meaning of this Act.
(8) systems are the systems designated under the Ordinance according to § 4 paragraph 1 sentence 4 according to the Industrieemissions directive in the meaning of this Act.
(9) dangerous substances within the meaning of this Act are substances or mixtures in accordance with article 3 of Regulation (EC) no 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No. 1907/2006 (OJ L 353 of 31.12.2008, p. 1), most recently by Regulation (EC) no 286 / 2011 (OJ L 83 of the 30.3.2011, p. 1) has been changed.
(10) the relevant dangerous substances within the meaning of this law are dangerous substances used, generated or released considerable investments to the investment and that can cause contamination of the soil or ground water on the plant site its very nature.
Second part of construction and operation of plants first section Genehmigungsbedürftige facilities § 4 to jeopardize approval (1) the establishment and the operation of systems which are likely to cause adverse environmental impacts due to their nature or their operation in particular or in any other way the general public or the neighborhood, significantly to discriminate against or harass significantly and stationary waste treatment plants to storage or treatment of waste require a permit. With the exception of waste disposal plants, plants that are for non-commercial purposes and not in the framework of economic activities find use, approval require only if they are suitable particularly to cause adverse environmental impacts due to air pollution or noise. The Federal Government determines after consultation with the interested parties (§ 51) by decree with the consent of the Federal Council the installations requiring a permit (installations requiring a permit); in the Ordinance can be that a permit is not required if a system as a whole or in its essential parts referred to in the Ordinance the type is approved and built in accordance with the type approval and operated provided also. Plants are referred to in article 10 in conjunction with Annex I of to Directive 75/2010/EU to label under the Ordinance pursuant to sentence 3.
(2) plants of the mountain system or parts of these facilities require the approval referred to in paragraph 1 only, as far as they are established and operated for days. Any referred to in paragraph 1 mines and the approval required as well as the essential weather management facilities to operate of a mine.

§ 5 duties the approval of operators (1) Genehmigungsbedürftige are plants so to build and maintain that to ensure of a high level of protection for the environment overall 1 harmful environmental impacts and other dangers, significant disadvantages and considerable harassment for the general public and the neighborhood not; caused
2.
Precaution against harmful environmental impacts and other dangers, significant disadvantages, and considerable harassment is made, in particular through the action corresponding to the State of the art;
3. waste avoided, unavoidable waste recycled and eliminates waste not to prevented without affecting the well-being of the general public; Waste is not to avoid, as far as is technically impossible or unreasonable; Prevention is not permitted, unless it leads to Committee environmental impacts as the recovery; the recovery and disposal of waste is carried out according to the law of circulatory economy and the other rules applicable to the waste;
4. energy is used sparingly and efficiently.
(2) as far as installations requiring a permit are subject to the scope of application of the greenhouse gas emissions trading Act, requests to limit emissions of greenhouse gases are only allowed for the fulfilment of the obligations pursuant to paragraph 1 No. 1 to ensure, that in the sphere of influence of the plant caused no adverse environmental impacts; This applies only to greenhouse gases, which are includes for the activity pursuant to annex 1 of the greenhouse gas emissions trading act. In these systems, no requirements must be placed to meet the requirements for the efficient use of energy on the emissions of carbon dioxide, which are based on combustion or other processes of the system, which go beyond the obligations, which established the greenhouse gas emissions trading act.
(3) Genehmigungsbedürftige plants are to establish, operate, and to shut down, that even after a mode 1 of the plant or the plant grounds, no adverse environmental impacts and other dangers, significant disadvantages and considerable harassment for the general public and the neighbourhood can be caused, 2. properly and indemnify recycles existing wastes or eliminated without affecting the well-being of the general public and 3. restore a proper state of the investment property is guaranteed.
(4) after January 7, 2013, on the basis of the operation of a plant according to Industrieemissions significant soil pollution or significant groundwater pollution caused by relevant hazardous substances in comparison to the condition specified in the report on the State of the output, so the operator is obliged, according to setting of the operation of the system as far as this is proportionate, to take measures to eliminate this pollution due to the plant site in those initial state. The competent authority has to these measures taken by the operator to make available relevant information public, even over the Internet. Insofar as information contain business or trade secrets, article 10, paragraph 2 shall apply mutatis mutandis.

§ 6 licensing requirements (1) approval is granted when 1 is ensured that the adopted Decree obligations resulting from § 5 and one on the basis of § 7 are met, and 2 other public regulations and concerns the establishment of occupational health and safety and the operation of the system do not preclude.
(2) plants, which are used different modes of operation or where different fabrics are used (multi-purpose or much fabric plants), is approval on request on the different operating conditions and materials to extend, if the conditions are met under paragraph 1 for all covered operations and materials.
(3) a requested modification permit may not be refused if according to their implementation not all Immissions values of an administrative provision after section 48 or a legal regulation according to § 48a be respected, but if 1 the Immissions contribution of the system in accordance with the article 17 paragraph 3a set 3 the project clearly and beyond what is enforceable by subsequent orders according to § 17 para 1 is reduced , 2. further measures on air pollution, in particular measures that go beyond, about the State of the art for newly to be built installations are performed, 3. the applicant shall submit a pollution management plan to reduce its polluter in part to achieve a subsequent compliance with the requirements according to § 5 para 1 No. 1, and 4. the specific circumstances do not require a revocation of the permit.

§ 7 authorized regulations on requirements for installations requiring a permit (1) which is the Federal Government, after consultation with the interested parties (§ 51) by decree with the consent of the Federal Council to stipulate that the installation, the nature, operation, the condition after operation setting and the operators own monitoring of approval requiring equipment to comply with the obligations deriving from article 5 must meet certain requirements in particular, that 1 the equipment must comply with certain technical requirements , 2. the emissions from installations shall not exceed certain limits, 2a.
the use of energy must comply with certain requirements, 3. measurements of emissions and Immissions according to procedures to be determined in the Ordinance to make the operators of plants have or must make and 4 certain operators of plants safety tests as well as tests of safety documents according to legal regulation to be determined closer to process a certain) during the construction or otherwise prior to the commissioning of the system , b) after their entry into service or a change in the meaning of article 15 or of section 16, c) in regular intervals or d) or after an operating position, by an expert according to § 29a make must, if such tests not in legal regulations according to § 34 of the product safety Act are prescribed, and 5. the return to the initial State according to § 5 paragraph 4 must meet certain requirements, in particular as regards the initial status report and the determination of the significance of soil and groundwater pollution.
In determining the requirements in particular possible relocation of adverse effects of a protective material to another are taken into account; a high level of protection for the environment as a whole is to ensure.
(1a) every time you publish a bat conclusion is without delay to ensure that for systems after the Industrieemissions directive in the setting of emission limit values referred to in paragraph 1 set 1 number 2 the emissions under normal operating conditions the emission bandwidth in the bat conclusions mentioned do not exceed. 1. within one year after publication of bat conclusions to the main business to carry out a review and, if necessary, adapt the legal regulation and 2. four years after publication of bat conclusions to the main activity to ensure that the installations concerned comply with the emission limit values of the Legislative Decree is in regard to existing plants.
(1B) by derogation from paragraph 1a 1 can less strict emission limit values and time limits set in the regulation are, if a) due to technical characteristics of the affected asset types, the application of the emission bandwidth in the bat conclusions mentioned would be disproportionate and this is justified or b) in plants emerging techniques to be tested for a total period not exceeding nine months or applied, provided that the application of these technologies is terminated after the set period of time or at the plant, at least the with the best available techniques associated Emissionsbandbreiten be achieved, or 2 can be determined in the Decree, that the competent authority may set less strict emission limits and time limits, if a) due to technical characteristics of the plants concerned that application of the emission bandwidth in the bat conclusions mentioned would be disproportionate or b) in plants emerging techniques to be tested for a total period not exceeding nine months or applied, provided that the application of these technologies is terminated after the set period of time or in the system at least the with the best available techniques associated emission bandwidth can be achieved.
Paragraph 1 sentence 2 shall remain unaffected. Emission limit values and emission limits pursuant to sentence 1 may not exceed the emission limit values laid down in the annexes to the directive 2010/75/EC and cause no adverse environmental impacts.
(2) in the Ordinance can be determined to what extent you must satisfy requirements set pursuant to paragraph 1 to the precaution against harmful environmental impacts after certain transitional periods, as far as reduced requirements have been situated at the time of entry into force of the order in a notice or authorisation. In determining the duration of the transition period and the requirements to be complied are especially kind to consider quantity and hazardousness of emissions from the plants as well as the useful life and technical features of the equipment. Sentences 1 and 2 shall apply mutatis mutandis for plants, which according to article 67, paragraph 2 or § 67a para 1 to display or to show prior to entry into force of this Act by section 16, paragraph 4, of the trade regulations were.
(3) as far as the legal regulation has laid down requirements according to § 5 paragraph 1 number 2, can it be that for plants referred to in paragraph 2 of the requirements laid down on the basis of paragraphs 1 and 2 to the precaution against harmful environmental impacts must be adhered to. This only applies when technical measures at installations of the operator or third parties as a whole a further reduction is achieved comparable substances emissions thereof or in their effect on the environment as in compliance with the requirements established on the basis of paragraphs 1 and 2 and this facilitated the purpose referred to in section 1. In the Ordinance can be still determined to what extent the fulfilment of international agreements with neighbouring countries set 2 for the implementation of technical measures in plants is the Federal Republic of Germany located in neighbouring countries.
(4) for the performance of binding acts of the European communities or the European Union, the Federal Government for the purpose referred to in section 1, with the consent of the Federal Council can requirements for the establishment, the nature and operation, which prescribe operation setting and operators their own monitoring of approval of plants by means of an Ordinance. For installations requiring a permit, by the scope of Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ EC No. L 182, p. 1) are captured, can the Federal Government set same requirements by decree with the consent of the Federal Council for landfills in the sense of § 3 paragraph 27 of the circulatory economic law, in particular requirements on the provision of a security service, on the decommissioning and the material and technical qualification of the operator.
(5) due to the requirements referred to in paragraph 1 number 1 to 4, in conjunction with paragraph 4, can be referenced expert places notices accessible to everyone. This is 1 in the Ordinance to specify the date of the notice to refer to the source, the announcement at the German Patent Office Archives terms secured to lay down 2. and pointed out in the Ordinance.

§ 8 part approval (1) at the request to be granted a permit for the construction of a facility or part of a facility or for the construction and operation of a part of a plant, if 1 there is a legitimate interest in the part-approval, 2. the requirements for the requested object of part approval and 3. a preliminary assessment indicates that no first place insurmountable obstacles with regard to the licensing requirements preclude the establishment and the operation of the entire system.
(2) the binding effect of the preliminary overall assessment is not applicable if a change in the property laws or individual tests during later part permits lead to an assessment deviating from the preliminary overall evaluation.

§ 8a approval early commencement (1) in proceedings for the issuing of a permit should allow the permitting authority upon request for the time being, that already before issuing the permit the establishment including the measures that are required for the examination of the suitability for use of the plant is started, if 1 with a decision in favour of the applicant can be expected, 2. There is a public interest or a legitimate interest of the applicant at the early beginning and 3 the applicant commits , all up to the decision by the construction of the plant caused damage to replace and, if the project is not approved will revert back to the previous state.
(2) the approval may be revoked at any time. It can be associated with requirements or granted subject to subsequent editions. The competent authority may require the lodging of a security, as far as this is necessary to ensure compliance with the requirements of the applicant.
(3) in proceedings for the issuing of a permit according to § 16 para 1 the permitting authority under the conditions referred to in paragraph 1 may permit temporarily also the operation of the system, provided that serves the change of the fulfilment of obligations arising from this Act or a regulation adopted on the basis of this Act.

§ 9 notice (1) at the request should be decided by prior notice about specific permit conditions as well as the location of the installation, if the effects of the planned installation can be adequately assessed and a legitimate interest in the granting of a Vorbescheides.
(2) the notice is cancelled, if the applicant within a period of two years from the occurrence of nonrepudiation is the approval; the period may be extended at the request of up to four years.
(3) the provisions of §§ 6 and 21 shall apply mutatis mutandis.

§ 10 approval procedures (1) that sets approval ahead of a written request. Are the application, to the examination according to § 6 attach necessary drawings, notes and other documents. The documents for the examination are not sufficient, so has to supplement the applicant on request of the competent authority within a reasonable time. The application is in electronic form, the competent authority may require additional production facilities, as well as the transmission of the documents to be annexed to the application in writing.
(1a) the applicant who intends to operate a plant after the Industrieemissions directive in the relevant dangerous substances are used, generated or released, has to submit a report on the State of the output with the documents referred to in paragraph 1, if and insofar as a contamination of the soil or ground water on the plant site by the relevant hazardous substances is possible. The possibility of contamination of the soil or groundwater does not exist if an entry can be excluded on the basis of the actual circumstances.
(2) where documents contain business or trade secrets, are to label the documentation and to submit separately. Your content, can be affected as far as it can, happen without disclosure of the secret to be so in detail, that it is possible for third parties to assess them whether and to what extent by the effects of the installation.
(3) the documents of the applicant are complete, the competent authority has the project in its official bulletin and also either on the Internet or in local newspapers, which are widespread in the area of the location of the plant, to make publicly known. The application and the documents submitted by the applicant, with the exception of the documents referred to in paragraph 2 after the announcement a month for inspection to interpret sentence 1, as well as the relevant reports and recommendations that are of the authority at the time of publication, are. More information, which can be for deciding on the admissibility of the project of importance and which the competent authority until beginning of the interpretation, are made available to the public according to the provisions on access to environmental information. Until two weeks after the expiration of the comment period, the public over the competent authority can raise objections in writing. The objection period, all objections are not based on special private titles are excluded. Objections based on special private titles are to refer to legal action in the ordinary courts.
(4) in the notice pursuant to paragraph 3 sentence 1 is 1 to indicate where and when the application for approval and the documents for inspection are set out;
2. to request, to submit any objections at one point to label in the notice within the objection period; This set of 5 is on the legal consequences pursuant to paragraph 3 to point out;
3. a hearing date to determine and to point out that it is performed on the basis of a discretionary decision of the permitting authority under paragraph 6 and that then the form raised objections even in the absence of the applicant or of persons who have raised objections; discusses
4. to point out that the notification of the decision on the objections can be replaced by public notice.
(5) the authority responsible for approval (approval authority) catches up with the statements of the authorities, whose responsibilities will be affected by the project. Where for the project itself or for more so immediately in a spatial or operational context related projects, which may have effects on the environment and that have meaning for the approval, an approval is required according to other laws, the permitting authority has to ensure a full coordination of the authorisation procedure and the content and incidental provisions.
(6) after the objection period, the approval authority may discuss with the applicant and those who have raised objections, the objections raised in a timely manner against the project.
(6a) the application for a permit is after receipt of the application and the pursuant to paragraph 1 sentence 2 documents to be submitted within a period of seven months, in simplified proceedings within a period of three months, to decide. The competent authority can extend the period to three months each, if this is necessary due to the complexity of the examination or for reasons that are attributable to the applicant. The extension should be justified to the applicant.
(7) the permit has to give reasons in writing to enact, in writing and provide to the applicant and the persons who raised objections. He is, as far as service is not effected pursuant to paragraph 8, to make publicly known. The public announcement is made in accordance with paragraph 8 (8) the delivery of the permit notification to the people who have raised objections, may be replaced by public notice. Public notice is effected thereby, that the operative part of the decision and the legal appeal in appropriate application of paragraph 3 sentence 1 are made known requirements be noted. In this case, there is a copy of the entire notice by the day after the notice of two weeks for inspection to be interpreted. In the public notice is to specify where and when the official decision and its rationale can be viewed and requested to set 6. At the end of the term the permit also to third parties, which have raised no objection, is regarded as delivered; It is noted in the notice. After publication of the decision and its rationale can until the expiry of the opposition period by the people, have raised objections, be requested in writing.
(8a) without prejudice to paragraphs 7 and 8 are plants of Industrieemissions directive to make publicly known the following documents on the Internet: 1. the permit except in terms of application documents and the report on the initial state, and 2. the designation of the BVT memo relevant to the concerned plant.
If the permit contains business or trade secrets, the corresponding points are obscure. Paragraph 8 set of 3, 5 and 6 shall apply mutatis mutandis.
(9) paragraphs 1 to 8 shall apply mutatis mutandis for the grant of a Vorbescheides.
(10) the Federal Government is authorized by decree with the consent of the Federal Council to regulate the approval procedure; also the procedure for issuing a permit under the simplified procedure (article 19), as well as the issuance of a Vorbescheides (section 9), a partial permit (section 8) and receive approval early commencement date (§ 8a) can be regulated under the Ordinance. The regulation is also to determine the approval process for equipment must meet which requirements for an environmental impact assessment carried out is according to the law on environmental impact assessment.
(11) the Federal Ministry of defence is authorized, in consultation with the Federal Ministry for environment, nature conservation and nuclear safety by decree with the consent of the Federal Council the approval procedure for systems that serve the national defense, to regulate by way of derogation from paragraphs 1 to 9.

§ 11 objections third in consent of part of and notice has been granted a partial permit or a notice, can objections no longer collected after its nonrepudiation in proceeding for approval of the construction and the operation of the system on the basis of facts, which have been put forward in the previous procedure in due time, or according to the documents set of would have above can be brought.

§ 12 auxiliary regulations for approval (1) the approval may under conditions granted and be linked with requirements, insofar as this is necessary to ensure the fulfilment of the conditions for authorisation referred to in article 6. To ensure the requirements of article 5, paragraph 3, also a guarantee to be imposed at waste disposal facilities within the meaning of § 4 paragraph 1 sentence 1.
(1a) for the case emissions of an administrative provision pursuant to § 48 for certain emissions and plant species no longer correspond to the State of the art or an administrative provision pursuant to § 48 for each type of system imposes no requirements, is the establishment of emission limits for equipment according to the Industrieemissions directive in the permit to ensure that under normal operating conditions emissions do not exceed the emission bandwidth in the bat conclusions mentioned.
(1B) by way of derogation from paragraph 1a can the competent authority set less stringent emission limits when 1 an assessment, that due to technical characteristics of the installation, the application of the emission bandwidth in the bat conclusions mentioned would be disproportionate, or 2. in systems to be tested future techniques for a total period not exceeding nine months or applied, provided that the application of these technologies is terminated after the set period of time or at least the emission bandwidth associated with the best available techniques are reached in the system.
In determining the emission limits pursuant to sentence 1 in particular possible relocation of adverse effects of a protective material to another are taken into account; a high level of protection for the environment as a whole is to ensure. Emission limits pursuant to sentence 1 may not exceed the emission limit values laid down in the annexes to the directive 2010/75/EC and cause no adverse environmental impacts.
(2) the approval may be granted on request for a certain period of time. She may be granted subject to revocation if the requiring a permit system intended for testing purposes only.
(2a) which may be granted with the consent of the applicant with conditional on subsequent editions issued so far this sufficiently certain, already well set in the permit requirements for the construction or the operation of the system, to lays down closer in a time after obtaining permission. This applies under the conditions of sentence 1 in the event that a participating Authority expressed in a timely manner.
(2B) In the case of article 6, paragraph 2 the applicant should be required by an Edition, the competent authority immediately inform the first time manufacture or use another substance within the approved mode of operation.
(2c) the operator may be required by pad to display the change of a disposal route set out in the approval procedure of waste to the competent authority. The same applies to waste generated at waste treatment plants. Requirements for the quality and the polluting potential of approved waste and the leave the plant will be also in waste treatment plants.
(3) the approval of part of may be granted for a specific period of time or with the proviso, that it can be revoked or associated with conditions until the decision on the approval.

Article 13 approval and other administrative decisions the approval includes the investment regulatory decisions another, in particular public permits, approvals, ceremonies, licences and permits with the exception of plan findings, approvals mining operation plans, regulatory decisions on the basis of nuclear regulations and water permits and authorisations according to article 8 in conjunction with § 10 of the water resources Act.

Section 14 exclusion of private defense claims due to private, not on special titles of based claims against discriminatory effects of a plot on a neighboring plot of land may be required not the cessation of operations of a plant, which an application is final; only arrangements may be required, eliminate the detrimental effects. If such arrangements are not feasible or economically not viable after the State of the art, only claims for damages may be required.

§ 14a simplified proceedings of the applicant may bring an administrative action if after the expiration of three months after the appeal has not been decided on his opposition, except that a shorter deadline is necessary because of special circumstances of the case.

Article 15 amendment approval of plants
(1) the change of the location, the nature or the operation a licensable is, unless an approval is not sought, the competent authority at least a month before to start the change in writing to indicate if the change may affect protected goods referred to in article 1. Documents within the meaning of § 10 paragraph 1 sentence 2 display must be accompanied, as far as these can be required for the examination, whether the project is in need of approval. The competent authority shall immediately and in writing to acknowledge receipt of the notification and the enclosed documents to the carrier of the project. It shall inform the carrier of the project after receipt of the notification, which additional documents she needed for the assessment of the requirements of article 16, paragraph 1. Sentences 1 to 4 according to article 67, paragraph 2 shall apply for a plant, or § 67a para 1 is to show prior to entry into force of this Act by section 16, paragraph 4, of the industrial code was.
(2) the competent authority shall immediately to check 2 required documents, record referred to in paragraph 1 at the latest within one month after receipt of the notification and the whether the change requires an approval. The carrier of the project may make the change as soon as the competent authority tells him that the change requires no approval, or has not expressed within the period specified in sentence 1. Paragraph 1 sentence 3 shall apply to late-filed documents according to.
(3) the operator intends to discontinue the operation of a licensable plant, so he has to show this without delay, stating the time of the setting of the competent authority. The display are documents about the measures provided by the operator to meet the § 5 to add paragraph 3 and 4 resulting obligations. Sentences 1 and 2 apply in paragraph 1 sentence 5 investments described according to.
(4) in the regulation according to § 10 paragraph 10 the modalities for the process can be controlled to the paragraphs 1 to 3.

§ 16 major change of approval of equipment (1) the change of the location, the nature or the operation a licensable requires approval if adverse effects may be caused by the change and this number 1 can be substantial for testing according to § 6 paragraph 1 (major change); an authorization is always required if the change or extension of licensable plant operation taken reach performance limits or size of the annex to the Ordinance on installations requiring a permit. A permit is not required if the change caused adverse effects are obviously low and the fulfilment of article 6 paragraph 1 No. 1 resulting requirements is ensured.
(2) the competent authority shall refrain from the public announcement of the project, as well as the design of the application and the documents if the carrier of the project requests and significant adverse effects on protected goods referred to in article 1 are not to get. This is especially the case, if it is apparent that the effects are excluded by the measures taken or envisaged by the carrier of the project or the disadvantages in relation to the respective comparable advantages are low. The main change relates to a plant to be approved under a simplified procedure, is also the major change to the simplified procedure to approve. Article 19, paragraph 3 shall apply mutatis mutandis.
(3) on the application for approval is within a period of six months, to decide in the case of paragraph 2 in three months. In addition, § 10 paragraph 6a is set 2 and 3 according to.
(4) for the changes needy according to § 15 para 1 display, the carrier of the project can apply for a permit. This is the simplified procedure to grant; Paragraph 3, and article 19, paragraph 3 shall apply mutatis mutandis.
(5) a permit not necessary if a licensed facility or approved components within the framework of the granted permission should be replaced or exchanged.

§ 17 subsequent orders (1) to comply with the obligations under this act arising out of this Act and the adopted legal regulations can after obtaining permission, as well as arrangements are made after a change displayed according to § 15 para 1. After obtaining permission and according to one according to § 15 para 1 displayed change determined that the general public or the neighborhood not sufficiently before adverse environmental impacts or other dangers, significant disadvantages or considerable nuisances is protected, the competent authority should make subsequent orders.
(1a) in systems according to Industrieemissions set 2 is before the adoption of a subsequent arrangement referred to in paragraph 1, should be redefined by what emissions limitations, the draft of the arrangement to make publicly known. Number 1 and 2 applies to the notice according to § 10 paragraph 3 and 4. Persons whose Belange shall be affected by the subsequent arrangement, as well as associations that meet the requirements of article 3 paragraph 1 or article 2 paragraph 2 of the environmental Appeals Act empowered objection. § 10 paragraph 7 to 8a shall apply accordingly for the decision on the adoption of the subsequent arrangement.
(2) the competent authority may make a subsequent arrangement, if it is disproportionate, especially if the expenses connected with the fulfilment of the arrangement out of proportion to the success with the arrangement; in particular the type, quantity and hazardousness of emissions from the plant are and her emissions as well as the useful life and technical features of the system caused the into account. A subsequent arrangement because lack of proportionality may be taken not the competent authority to revoke number 3 to 5 wholly or partly the approval under the conditions of article 21, paragraph 1; § 21 paragraph 3 to 6 shall apply.
(2a) article 12 paragraph 1a applies to systems after the Industrieemissions directive, as properly.
(2B) by derogation from paragraph 2a can the competent authority set less stringent emission limits, if 1 due to technical characteristics of the installation, the application of the emission bandwidth in the bat conclusions mentioned would be disproportionate and the authority justified this or 2. in systems to be tested future techniques for a total period not exceeding nine months or applied, provided that the application of these technologies is terminated after the set period of time or at least the emission bandwidth associated with the best available techniques are reached in the system.
Article 12, paragraph 1 shall apply mutatis mutandis b set 2 and 3. Paragraph 1a shall apply mutatis mutandis.
(3) where by a regulation, the requirements are set according to § 5 paragraph 1 number 2 Finally, additional requirements may not be by subsequent orders to a precaution against harmful environmental impacts.
(3a) the competent authority shall refrain from supplementary regulations as far as in a plan submitted by the operator technical measures at its facilities or equipment are intended third-party, leading to a further reduction of emissions loads than the sum of the reductions that would be accessible through the adoption of subsequent measures to comply with the obligations arising from this Act or the regulations adopted on the basis of this Act in the participating systems and thereby supported the purpose referred to in section 1. This does not apply insofar as the operator already is required to reduce emissions on the basis of a subsequent order under paragraph 1 or a circulation pursuant to section 12 paragraph 1 or a subsequent arrangement sentence 2 shall be taken pursuant to paragraph 1. The compensation comparable substances is permitted only between the same or in the effect on the environment. Sentences 1 to 3 apply to not ready systems, for which the approval for the construction and operation is issued or for which a notice or a partial permit number 2 lays down requirements according to § 5 paragraph 1. The implementation of the plan is to ensure by arrangement.
(4) it to the fulfilment of the arrangement is required, the location, the nature or the operation of the system significantly to change, and is in the arrangement do not finally determined how to fulfill it, so the change of approval pursuant to § 16 (4a) to the fulfilment of the duties under section 5, paragraph 3 requires also a guarantee should be arranged at waste disposal facilities within the meaning of § 4 paragraph 1 sentence 1. After the setting of the entire operation, arrangements for the fulfilment of the obligations deriving from article 5, paragraph 3 can be made only during a period of one year.
(4B) requirements within the meaning of section 12 paragraph 2c may be issued retroactively.
(5) paragraphs 1 to 4b shall apply, mutatis mutandis, for plants which to display or to show prior to entry into force of this Act by section 16, paragraph 4, of the trade regulations were pursuant to article 67, paragraph 2.

§ 18 cancellation of approval (1) the approval shall lapse if 1 started within a reasonable period set by the licensing authority not to the establishment or the operation of the system or 2.
a plant during a period of more than three years no longer is operated.
(2) the approval is also void as far as the approval requirement is lifted.
(3) the licensing authority may extend the periods referred to in paragraph 1 for an important reason on request, if this the purpose of the law is not jeopardized.

§ 19 simplified procedure (1) can be prescribed by regulation according to § 4, paragraph 1, sentence 3, that permission is granted certain species or certain scope under a simplified procedure of installations, provided that this is compatible according to type, level and duration of adverse environmental impacts caused by these plants and other dangers, significant disadvantages or considerable annoyances with the protection of the public and the neighborhood. Sentence 1 shall apply accordingly for waste disposal facilities.
(2) in the simplified procedure, article 10, paragraph 2, 3, 4 are not applicable 6, 7 sentence 2 and 3, paragraph 8 and 9 and §§ 11 and 14.
(3) the permit is at the request of the carrier of the project by way of derogation from paragraphs 1 and 2 not under a simplified procedure to grant.

Article 20 Prohibition, decommissioning, and disposal (1) the operator of a licensable plant of a pad, a subsequent enforceable order, or a conclusion specific obligation of a legal regulation according to § 7 does not comply and the pad, the arrangement or obligation concerning the nature or the operation of the system, as the competent authority may operation meet the rest wholly or partially up to , pursuant to § 7 prohibit the formation or obligations under the Ordinance. The competent authority has to prohibit the operation, if a violation of the Edition, arrangement or obligation caused an immediate danger to human health or represents an immediate serious danger to the environment wholly or partially pursuant to sentence 1.
(1a) the competent authority has the starting or continuing a licensable plant, which is operating area or part of an operating range and serves commercial purposes or within the framework of economic activities is used to prohibit, wholly or partially as long as and to the extent the measures taken by the operator for the prevention of serious accidents within the meaning of article 3 paragraph 5 of Directive 96/82/EC or to limit the effects of such accidents are clearly inadequate. The competent authority may prohibit wholly or partly the commissioning or continuation of a system within the meaning of sentence 1, if the operator does not timely delivered prescribed communications, reports or other information under an Ordinance adopted pursuant to the Directive 96/82/EC.
(2) the competent authority shall order that is to shut a plant is built, operated, or substantially changed without the necessary permit or to eliminate. She has to arrange the removal if the general public or the neighborhood otherwise can be adequately protected.
(3) the competent authority may prohibit the continued operation of a licensable plant by the operator or one with the running of the business officer if evidence of facts, which demonstrate the unreliability of these persons in relation to the observance of legal provisions to protect against adverse environmental impacts, and the ban for the good of the general public is offered. Permission may be, granted at the request of the operator to operate the facility by a person, is the guarantee for the proper operation of the system. The permission can be linked to requirements.

Article 21 withdrawal of approval (1) an according to lawful authorisation granted to this law may only be revoked even after it has become final, wholly or partially with effect for the future, 1 if subject to the withdrawal in accordance with article 12, paragraph 2, sentence 2 or paragraph 3.
2. If a pad is associated with the approval and the beneficiary or not; fulfilled this within a set period
3. unless the approval authority on the basis of subsequently occurring facts would be, not to grant approval and if the public interest would endanger without revocation
4. unless the approval authority on the basis of a revised law would be not to approve, as far as the operators of the approval has still not made use, and if the public interest would endanger without revocation
5. to prevent or eliminate serious disadvantages for the common good.
(2) the approval authority receives of facts, which justify the revocation of a permit, revocation is permitted only within one year of the date of the notice.
(3) the revoked authorization is cancelled with effect of revocation becoming, if the approval authority determines no later.
(4) will revoke the approval in the cases of paragraph 1 number 3 to 5, the permitting authority has to compensate the parties concerned at the request of the financial loss it incurred by this, that he trusted the approval on the stock, as far as his confidence is worthy of protection. The financial loss, however, is not about the amount of the interest, to replace the person concerned to the stock of the approval. The financial loss to offset is determined by the approval authority. The can be claimed only within one year; the period starts as soon as the approval authority has pointed out the affected them.
(5) the countries can govern set 1 made determination of liable by way of derogation in paragraph 4.
(6) for disputes relating to the compensation of the ordinary courts.
(7) paragraphs 1 to 6 do not apply when an authorisation that has been challenged by a third party, is lifted during the pre-litigation procedure or during the administrative procedure, as far as the remedy is this contradiction or complaint.
Second section installations not requiring a permit section 22 are obligations of the operator of not approval of equipment (1) installations not requiring a permit to build and operate that 1 adverse environmental impacts be avoided, which can be avoided after the State of the art, 2. the State of the art be limited unavoidable adverse environmental impacts to a minimum and 3 the waste generated during the operation of the plants correctly can be eliminated.
The Federal Government is authorized to determine the equipment subject to the requirements of article 5, paragraph 1 number 3 in accordance with Ordinance with the consent of the Federal Council on the basis of the nature or waste falling amount all or individual after consultation of interested parties (§ 51). For plants that are for non-commercial purposes and not be used in the framework of economic activities, the obligation of sentence 1 applies only insofar as outgoing non-ionizing radiation is on the prevention or restriction of harmful environmental impact due to air pollution, noise or radio equipment.
(1a) sound effects, which are caused by children from day care centres, children's playgrounds and similar facilities such as, for example, ball game courts, are usually no adverse environmental impact. In assessing the effects of noise, Immissionsgrenz - and-richtwerte cannot be used.
(2) further public service regulations remain unaffected.

Article 23 requirements for the construction, which will condition and operation of not approval of equipment (1) the Federal Government authorized, after consultation of interested parties (§ 51) by decree with the consent of the Federal Council to stipulate that the establishment, the nature and operation of not approval of systems specific requirements for the protection of the public and the neighbourhood against harmful environmental influences and, as far as these plants serve commercial purposes or be used in the framework of economic activities and are operating areas or components of operational areas , other dangers for the prevention of serious accidents within the meaning of article 3 number 5 of Directive 96/82/EC, and to limit the effects of such accidents for people and the environment, as well as a precaution against harmful environmental impacts must meet, in particular that 1 the equipment must comply with certain technical requirements, the emissions from plants certain limit values do not exceed 2. 3. may have to take measurements of emissions and Immissions operators of plants according to procedures to be determined in the Ordinance or make a point to be determined in the Ordinance need to make, the operators of certain installations of the competent authority notified to the commissioning or a modification of an installation, which can be for the performance of obligations prescribed in the Ordinance have 4, 4a.
Operators of plants that are operating areas or components of operational areas, within a reasonable period of time before construction, commissioning or a change in these facilities, this the competent authority to show for the fulfillment in the Decree may be prescribed obligations, and specific plants only operated 5. may be, after the certification of experts known given the authority under State law has been submitted , that the system meets the requirements of the Ordinance or a type approval according to § 33.
In the Ordinance pursuant to sentence 1 the requirements can be determined, expert in terms of expertise, reliability and unit technical equipment must meet. Due to the requirements pursuant to sentence 1 number 1 to 3 applies Article 7 paragraph 5 accordingly.
(1a) for particular installations not requiring a permit may be prescribed by Regulation pursuant to paragraph 1, that a procedure for the issuing of a permit according to § 4 paragraph 1 sentence 1 in conjunction with § 6 making is at the request of the carrier of the project. In the case of an application pursuant to sentence 1, the rules for installations requiring a permit are to apply for the affected system in place of the rules applicable to installations not requiring a permit. For the procedure, article 19, paragraph 2 and 3 shall apply accordingly.
(2) as far as the Federal Government by the authority does not exercise, the State Governments are empowered by a regulation to adopt measures within the meaning of paragraph 1. The State Governments can confer the empowerment on one or more of the Supreme Land authorities.

In some cases, the arrangements necessary for the implementation of section 22 and the regulations based on this law orders in individual cases that competent authority may meet section 24. The goal of the arrangement can be achieved also by means of the action for the purposes of the occupational health and safety these should be arranged.

Article 25 prohibition (1) does not comply with the operator of an installation of an enforceable regulatory order pursuant to article 24, sentence 1, as the competent authority may prohibit the operation of the system wholly or partly to the fulfilment of the arrangement.
(1a) the competent authority has the starting or continuing a non-licensable plant, which is operating area or part of an operating range and serves commercial purposes or within the framework of economic activities is used to prohibit, wholly or partially as long as and to the extent the measures taken by the operator for the prevention of serious accidents within the meaning of article 3 paragraph 5 of Directive 96/82/EC or to limit the effects of such accidents are clearly inadequate. The competent authority may prohibit wholly or partly the commissioning or the continuation of a system within the meaning of sentence 1, if the operator does not timely delivered prescribed communications, reports or other information under an Ordinance adopted pursuant to the Directive 96/82/EC.
(2) if the adverse environmental impacts caused by a plant endangering the life or the health of people or important material assets, the competent authority to prohibit wholly or in part the construction or the operation of the system, as far as the general public or the neighborhood otherwise can be adequately protected.
Third section determination of emissions and Immissions, safety checks section 26 measurements for special reasons that competent authority may order that the operator of a licensable plant or, where article 22 applies, can be determined a non-licensable plant type and extent of the emissions from the plant, as well as the emissions within the sphere of influence of the plant through one of the points given by the competent authority of a country , if is to be feared that adverse environmental impacts are caused by the system. The competent authority is authorized to require details about the nature and extent of the investigation and on the submission of the investigation result.

§ 27 emission Declaration (1) the operator of a licensable facility is obliged to indicate the competent authority within a period to be set by you or on the date laid down in the Ordinance pursuant to paragraph 4, type, amount, spatial and temporal distribution of air impurities, which are assumed by the system over a given period as well as the exit conditions (emission Declaration); He has to supplement the Declaration of emissions in accordance with the Ordinance pursuant to paragraph 4, according to the latest state. § 52 paragraph 5 shall apply mutatis mutandis. Sentence 1 does not apply to operators of plants, of which only to a minor extent air pollution can go out.
(2) on the knowledge obtained pursuant to paragraph 1 and documents are the sections 93, 97, 105 paragraph 1, not to apply article 111 paragraph 5 in conjunction with article 105, paragraph 1, and article 116, paragraph 1, of the tax code. This does not apply as far as the financial authorities need the knowledge to perform a procedure due to a Steuerstraftat, as well as a related taxation system whose pursuit is a compelling public interest, or where it is deliberately false information of the respondents or the persons working for him.
(3) the contents of the emission Declaration is known to give third parties on request. Particulars of the emission declaration may can not be published or disclosed to third parties, if from these conclusions on operational or business secrets are drawn. When the emission Declaration, the operator to the competent authority has to inform and to establish which allow conclusions about operational or business details of emission Declaration.
(4) the Federal Government is empowered by decree with the consent of the Federal Council content, scope, form and time of the emission Declaration, the procedure to be followed in determining the emissions and the period within which the emission Declaration to supplement is to regulate. The Decree also determines what approval of operators are exempt pursuant to paragraph 1 sentence 3 of the obligation to make of a declaration of emissions. In addition, to fulfill obligations under binding legal acts of the European communities or of the European Union in the legal regulation can be written to above that are the competent authorities on the national law at a predetermined time emission data available to competent authority the Federal Ministry for environment, nature conservation and nuclear safety, refer to the declarations of the emission.

Article 28 the competent authority may initial and recurring measurements for licensable plants licensable plants 1. after start-up or a change in the meaning of article 15 or of section 16 and then orders meet 26 even without the conditions there laid down 2. after a period of three years according to §. The authority due to type, quantity and hazardousness of emissions from the facility considers investigations during the period referred to in paragraph 2 so she should admit at the request of the operator, that these investigations are performed by the Immissions protection officer, if it has the required expertise, reliability and technical facilities for this purpose.

§ 29 continuous monitoring (1) competent authority for licensable systems arrange that instead of gauges by measurements according to section 26 or section 28 or in addition to such measurements evolving on certain emissions or emissions using be determined continuously. In systems with significant emission mass flow of air-polluting substances arrangements should be made taking into account of the nature and danger of these substances pursuant to sentence 1, as far as exceeding the emission limits set out in legislation, regulations or arrangements cannot be excluded according to the type of plant.
(2) the competent authority may order, as far as section 22 is applicable, not licensable plants, that instead of measuring instruments through a single measurements pursuant to section 26 or in addition to such measurements evolving on certain emissions or emissions using continuously identified, if this is necessary to determine whether adverse environmental impacts caused by the plant.

§ 29a order safety checks
(1) the competent authority may order that the operator of a licensable system or a system within an operating range according to § 3 5a is a paragraph which commissioned by experts known given the competent authority of a country to carry out certain safety-technical tests and inspections of safety-related documents. In the arrangement can perform the checks by the incident Officer (section 58a), an approved monitoring body according to article 37, paragraph 1, of the product safety act or an a for facilities according to § 2 number 30 of the product safety Act adopted by Legislative Decree experts referred to, be allowed if they meet the requirements according to § 29 b paragraph 2 sentence 2 and 3; the same is true for an expert ordered according to article 36, paragraph 1 of the trade regulations or for experts who want to exercise in the context of section 13a of the Gewerbeordnung commercial purposes only temporarily and occasionally in the domestic, as far as a special competence in the area of safety-technical tests will be demonstrated. The competent authority is authorized to require details about the nature and scope of the safety-technical tests and on the submission of the check results.
(2) tests can be arranged 1 for a time during the construction or otherwise prior to the commissioning of the plant, 2 for a time after their commissioning, 3rd in regular intervals, 4. in the case of a closure or 5. If indications that certain safety requirements are not met.
Sentence 1 shall apply mutatis mutandis when a change in the meaning of article 15 or article 16 (3) the operator has the results of safety tests of the competent authority to submit no later than one month after conducting the tests; He has these results immediately to submit, if necessary against current threats.

§ 29b notification of bodies and experts (1) the announcement by authorities within the meaning of section 26, by agencies in the sense of a legal regulation adopted on the basis of this Act or of experts within the meaning of section 29a by the competent authority of a Member State entitled the known given bodies and experts, making the determinations set out in the announcement or tests at the request of an operator.
(2) the notice requires an application to the competent authority of the country. It is granted if the has the required expertise, independence, reliability, and technical facilities and applicant, or the applicant as well as meets the organizational requirements necessary for the fulfilment of the tasks. Experts within the meaning of § 29a must have a liability insurance policy.
(3) the Federal Government is entitled to regulate the requirements for the notification of authorities and experts, as well as in designated places and experts by decree with the consent of the Federal Council after consultation of interested parties (§ 51). In the Ordinance pursuant to sentence 1 1 particular requirements can not domestic recognition and evidence of equivalence are determined, 2. be determined requirements for the procedure of the announcement and its annulment, 3. determine requirements to the contents of the announcement, particularly with incidental provisions can be provided and granted for the entire Federal territory, 4. requirements to the Organization form of the places to be will be determined , 5. requirements to the structure are determined, basing the experts of carrying out their tasks, 6 requirements for the expertise, reliability, independence and technical facilities of to surrounding sites and experts be determined, 7 obligations of the given places and experts to be set.

Article 30 costs of measurements and safety testing bear the cost for the investigation of the emissions and Immissions, as well as for the safety tests of the plant's operator. Not licensable systems the operator bears the costs for investigation after section 26 or section 29, subsection 2 only, if the investigations have revealed that 1 does not meet requirements or orders under the provisions of this Act or the regulations based on this Act or 2. arrangements or requirements are provided under the provisions of this Act or the regulations based on this law.

§ To present 31 obligations of the operator (1) the operator of a plant after the Industrieemissions directive has minor provisions of the approval or on the basis of legal regulations of the competent authority each year the following: 1 a summary of the results of the emissions monitoring, 2. other data that are necessary to meet the approval requirements in accordance with article 6 paragraph 1 No. 1 to review.
The no obligation pursuant to sentence 1, insofar as the information necessary for the competent authority to present are already on the basis of other provisions. Is an emission value pursuant to § 48 in a regulation under section 7 an emission limit value according to § 7 paragraph 1a, in an administrative provision after section 48 paragraph 1a or in a licence pursuant to article 12, paragraph 1, or a subsequent order according to § 17 paragraph 2a paragraph 2a in the bat conclusions mentioned above the emission bandwidth determines an emission limitation according to section 12 paragraph 1a or section 17, so has the summary pursuant to sentence 1 number 1 a comparison with to allow in the bat conclusions said emission bandwidth.
(2) the operator of a facility for the Industrieemissions directive may be required by the competent authority to transmit those data whose transmission to an implementing act according to article 72 (2) of the directive 2010/75/EEC is mandatory and that are required to comply with the reporting obligation according to § 61, insofar as such data are not already present on the basis of other legislation, to the competent authority. Section 3, paragraph 1, sentence 2 and § 5 paragraph 2 to 6 of the Act to the execution of the Protocol on pollutant release and transfer register by May 21, 2003, as well as for the implementation of Regulation (EC) No 166 / 2006 of 6 June 2007 (Federal Law Gazette I p. 1002) shall apply mutatis mutandis.
(3) at a plant under the Industrieemissions directive determines requirements pursuant to § 6 paragraph 1 No. 1 not to comply, the operator must immediately inform the competent authority.
(4) the operator of a facility has the Industrieemissions directive immediately to inform the competent authority, unless he is obliged not already according to § 4 of the environmental damage Act or pursuant to § 19 of the major accidents Ordinance at all events with adverse environmental impacts.
(5) the operator has the result on the basis of an arrangement pursuant to section 26, to communicate section 28 or section 29 taken investigation of the competent authority on request and according to § 29 for five years to keep the records of the measuring instruments. The competent authority may prescribe the method of the measurement results. The results of monitoring of emissions, which are available to the authority, are to the public according to the provisions of the environmental information act with the exception of § 12 accessible; According to the national rules for national authorities.
Third part of the nature of plants, substances, products, fuels and fuels and lubricants; Greenhouse gas reduction in fuels of first section nature of equipment (1) which is the Federal Government authorized nature of plants, substances, products, fuels and fuels and lubricants section 32, after consultation of interested parties (§ 51) by decree with the consent of the Federal Council to impose that standard manufactured parts of premises and other fixed facilities, as well as in article 3 paragraph 5 referred to number 2 facilities and this mass-produced parts may be professional or in the framework of economic activities in the transport or introduced , if they meet the specific requirements for the protection against adverse environmental impacts through air pollution, noise, vibration, or non-ionizing radiation. In the regulations pursuant to sentence 1 may be that emissions from the plants or the mass-produced parts specific values shall not exceed 1, 2. the installations or the series-produced parts must comply with certain technical requirements to limit the emissions prescribed in particular.
Emission values can be set 2 number 1 sentence, taking into account the technical development for a time after entry into force of the regulation. Due to the requirements pursuant to sentences 1 to 3 section 7, paragraph 4 shall apply mutatis mutandis.
(2) in a regulation may be required also, that the equipment or the mass-produced parts may be professional or in the framework of economic activities in the transport or introduced, if they are marked with information on the amount of their emissions.

Section 33 approval
(1) the Federal Government is authorized to determine that in article 3 paragraph 5 called number 1 or 2 plants or certain parts of such plants after a design test generally approved and that with the type approval requirements; can be connected to the construction and operation to protect against harmful environmental influences as well as a precaution against harmful environmental impacts after consultation of interested parties (§ 51) by decree with the consent of the Federal Council 1.
2. to stipulate that certain mass-produced equipment or certain parts for this mass-produced commercially or within the framework of economic activities on the market only are allowed, if the design of the facility or part is generally approved and the facility or the part corresponds to the approved pattern;
3. procedure of approval to regulate;
4. to determine what fees and expenses for the approval to be paid are; the fees are charged only to cover the personnel associated with the trials and other operating expenses, to which belongs especially the costs for experts, equipment and materials and the development of appropriate test methods for Exchange of experience; It can be determined that a fee for an examination may be charged which has been not begun or not completed, if the reasons for this are responsible one, which has prompted the examination; the amount of fees varies according to the number of hours that an expert on average required for the various examinations of the particular type of investment; under the Ordinance, the exemption from costs, the Kostengläubigerschaft, the Kostenschuldnerschaft, the amount of expenses to be reimbursed and the cost survey by way of derogation from the provisions of the administrative expenses Act of 23 June 1970 can (Federal Law Gazette I p. 821) be regulated.
(2) the approval of the design may be made depending on only by the requirements referred to in article 32, paragraph 1 and 2 or set out in other laws, as well as a proof of the amount of emissions of the facility or part.

Section 34 authorizes characteristics of fuels, fuels and lubricants (1) which is the Federal Government to impose by decree with the consent of the Federal Council after consultation with the interested parties (article 51), that fuels, fuels, lubricants or additives may be professional or economic activities only part produced, marketed to these substances or introduced, if they meet certain requirements for the protection against adverse environmental impacts due to air pollution. In the regulations pursuant to sentence 1 can be determined in particular, that natural components or accessories of fuels, fuels or lubricants pursuant to sentence 1, which cause air pollution or hinder the fight against air pollution, not used to intended use of the fuels, fuels, lubricants or additives or a specific content does not exceed 1, 1a.
Additives to fuels, fuels or lubricants not certain substances which cause air pollution, or hinder the fight against air pollution, or may contain only in special composition, 2. fuels, fuels or lubricants must contain certain additives pursuant to sentence 1, which limits the creation of air pollution, 3. fuels, fuels, lubricants or additives pursuant to sentence 1 of a certain treatment, through the creation of air pollution is limited , be subject to need, one that produces professional or in the framework of economic activities of liquid fuels, fuels, lubricants or accessories to these substances, introduces 4 or else spends in the territorial scope of this Act, the competent federal authority a) additives to liquid fuels, fuels or lubricants which contain elements other than carbon, hydrogen, and oxygen in their chemical composition, display and b) closer to determine information about the type and the amount as well as the possible adverse environmental impacts of the accessories and their combustion products has to make.
Requirements pursuant to sentence 2 can be set, taking into account the technical development for a time after entry into force of the regulations. Due to the requirements pursuant to sentences 1 to 3 article 7, paragraph 5 shall apply mutatis mutandis.
(2) the Federal Government shall be empowered to impose by decree with the consent of the Federal Council to submit 1 that imports of fuels, fuels, lubricants or additives for the requirements pursuant to paragraph 1 sentence 1, imposed a written declaration of the manufacturer on the composition of fuels, fuels, lubricants or accessories the customs services, up to the first destination of the shipment to be carried and to is there available to keep the finish of the broadcast of the first place of destination , 2 that the importer to take this statement on his business stationery has 3 which 4 that fuels, fuels, lubricants or additives referred to in paragraph 1 sentence 1, are spent in the territorial scope of this Act except in tariff exclusions, movements of the importer to the competent authorities of the place of destination are information about the nature of fuels, fuels, lubricants or additives must include the written declaration, , 5. that the storage of fuels, fuels, lubricants or additives referred to in paragraph 1 1 tank receipt books are set, from which the supplier of fuels, fuels, lubricants or additives referred to in paragraph 1 arise set 1, has to identify 6 that one, the professional or in the framework of economic activities on the consumer materials or additives referred to in paragraph 1 sold 1 set, clearly visible and easily legible, with information on certain properties and 7 that those , of substances or additives referred to in paragraph 1 sentence 1 Professional or in the framework of economic activities in the transport brings, to teach has 6 Auszeichnungspflichtigen about certain properties by number.
(3) the Federal Government is authorized to impose by decree with the consent of the Federal Council after consultation of interested parties (article 51), that, who brings professional or in the framework of economic activities fuels on the market, to prevent damage to vehicles may be required, also fuel with certain characteristics, especially with not to exceeding maximum levels of oxygen and to bring biofuel on the market. In the Ordinance pursuant to sentence 1 informing consumers about biogenic components of fuels and the appropriate use of different fuel mixtures can be regulated in addition; Paragraph 2 applies to the regulation of the obligation to inform number 6 and 7.
(4) the Federal Government is entitled to regulate that companies that bring fuels in transport, to submit annually the following data of the federal authority to be determined in the Ordinance have after consultation of interested parties (§ 51) by Decree without the consent of the Federal Council: a) the total quantity of each kind of supplied fuel, stating the place of purchase and the origin of the fuel and b) the life cycle greenhouse gas emissions per unit of energy.

Section 35 composition of substances and products (1) the Federal Government shall be empowered to impose by decree with the consent of the Federal Council after consultation of interested parties (article 51), that certain substances or products from materials that are suitable for their intended use or combustion for the purpose of disposal or the recovery of individual components due to air pollution to cause adverse environmental impacts, professional or economic activities only part produced , introduced or otherwise placed on the market may, if they meet certain requirements to protect against adverse environmental impacts due to air pollution in its composition and the procedure for their production. The empowerment of sentence 1 does not cover equipment, fuels, fuel and vehicles.
(2) requirements set 1 can be set pursuant to paragraph 1 taking into account the technical development for a time after entry into force of the regulation. Due to the requirements under paragraph 1 and paragraph 2, sentence 1 shall apply article 7 paragraph 5 accordingly.
(3) insofar as this is compatible with the protection of the public against adverse environmental impacts due to air pollution, can be prescribed under the Ordinance pursuant to paragraph 1 to replace the requirements of the composition and the manufacturing process, that the substances and products clearly visible and easy to read with the note flag must be that adverse environmental impacts can occur at their intended use and when burned or that harmful environmental impacts can be avoided with a certain type of use.

Section 36 export
In the regulations according to §§ 32-35 may be prescribed, that the rules on the manufacture, introduction and the placing on the market do not apply to equipment, materials, products, fuels and fuels intended for delivery to areas outside the scope of this Act.

§ 37 fulfilment of international agreements and legal instruments of the European communities or the European Union to fulfil the obligations under intergovernmental agreements or binding legal acts of the European communities or the European Union can determine the Federal Government for the purpose referred to in paragraph 1 by decree with the consent of the Federal Council, that equipment, materials, products, fuels or fuels may be placed professional or in the framework of economic activities in the transport , if they meet certain requirements in accordance with §§ 32-35. In a Decree pursuant to sentence 1, which is used to meet binding acts of the European communities or of the European Union on measures to against the emission of gaseous and particulate pollutants from internal combustion engines for mobile machines and devices, the Kraftfahrt-Bundesamt as approval authority can be determined and as far as subordinate to the supervision of the Federal Ministry for environment, nature conservation and nuclear safety.
Second section of greenhouse gas reduction in fuels § 37a minimum share of biofuels in total of fuel marketed; Greenhouse gas reduction (1) who for professional or in the framework of economic activities § 2 paragraph 1 brings number of petrol to taxable 1 and 4 of the energy tax act or diesel fuels on the market, has to make sure that in the course of a calendar year (year of commitment) by him in traffic quantity for the fuel the requirements of paragraphs 3 and 4 are respected. Fuel is considered with the emergence of the energy tax pursuant to section 8, paragraph 1, article 9 paragraph 1, section 9a, paragraph 4, article 15, paragraph 1 or paragraph 2, also in connection with § 15 para 4, § § 19 b paragraph 1, 22 (1) or section 23 paragraph 1 or paragraph 2, article 38, paragraph 1, article 42, paragraph 1 or article 43, paragraph 1, of the energy tax act than in traffic brought. The distribution of fossil petrol and fossil diesel fuel to the army for the purposes of defence or intergovernmental obligations is not considered to be placing on the market within the meaning of the sentences 1 and 2. This also applies to the acquisition of fossil petrol and fossil diesel fuel by the Bundeswehr for a purpose mentioned in clause 3. The troops and facilities, who uses the Bundeswehr or the troops to carry out their respective tasks or engage are assimilated to the Bundeswehr due to international contracts in the Federal Republic of Germany. The distribution of fuel in the ownership of the oil stockholding Association on the basis of a share pursuant to section 12 paragraph 1 of the petroleum stockpiling law through the oil stockholding Association, members of the Association of petroleum storage or third parties as well as the following charges are not considered as placing on the market within the meaning of the sentences 1 and 2. This also applies to the distribution of fuel in the cases mentioned in clause 6 in the framework of delegations according to § 7 paragraph 1 of the petroleum stockpiling law oil storage association's members or third parties, as well as for subsequent charges. The distribution of compensation amounts to underserved businesses to compensate for supply within the meaning of § 1, clause 1 of the petroleum compensation regulation of 13 December 1985 (BGBl. I S. 2267), most recently by article 5 paragraph 3 of the law of 26 June 2013 (BGBl. I S. 1738) is changed, in the currently valid version is not considered placing on the market within the meaning of the sentences 1 and 2. Also, a placing on the market within the meaning of the sentences 1 and 2 does not exist when the oil stockholding Association makes fuel from his property and no return delivery to the amended to this charge or he acquires petroleum products that are not covered by the provisions of sentence 1. Set 9 also applies the following duties of the fuel.
(2) verpflichteter referred to in paragraph 1 sentences 1 and 2 is the corresponding tax debtor within the meaning of the energy tax act. The third (Einlagerer) contractors is derogation from sentence 1 in the cases of § 7 paragraph 4 sentence 1 of the energy tax act. In the cases of § 22 paragraph 1 of the energy tax Act, only one is regarded as contractors within the meaning of sentence 1, first performing any of the acts referred to each.
(3) committed pursuant to paragraph 1 sentence 1 and 2 in connection with paragraph 2 (debtor), who bring diesel fuel in traffic, have until December 31, 2014 a share to ensure diesel fuel of substitute bio fuel by at least 4.4 percent. Committed, bringing petrol on the market have a share of petrol of substitute bio fuel by at least 1.2 percent for the year 2007, to ensure at least 2 percent in 2008 and by at least 2.8 percent respectively for the years 2009 to 2014. Notwithstanding sentences 1 and 2 of the minimum percentage of biofuels in the total quantity of petrol and diesel fuel, which is placed by debtor in transport, in the year 2009 5.25 percent and in the years 2010-2014 respectively 6.25 percent. Sentence 3 applies accordingly to committed, which bring exclusively petrol or diesel fuel only in traffic. The minimum share of biofuels refer in the case of rates 1, 2 and 4 respectively on the energy content of the quantity of fossil gasoline or fossil diesel fuel plus the share of biofuels, in the cases of the set of 3 on the energy content of the quantity of fossil petrol and fossil diesel fuel plus the share of biofuels. The total amounts pursuant to sentence 5 are to correct the amounts of the tax relief according to article 46, paragraph 1, sentence 1 number 1 or number 3 or number has been granted according to § 47 para 1 1, 2 or no. 6 of the energy tax act or will.
(4) the obligated party must have to make sure that the greenhouse gas emissions of the fossil petrol marketed by them and fossil fuels plus the greenhouse gas emissions of biofuels marketed by them to a fixed percentage compared to the reference value be reduced pursuant to sentence 3 from the year 2015. The height of the percentage referred to in sentence 1 is 1 from the year 2015 3.5 percent, 2. from the year 2017 4% and 3 from the year 2020 6 percent.
The reference value, compared the greenhouse gas reduction has to be calculated by multiplying the base value with the energetic crowd of fossil petrol and fossil diesel fuel plus the energetic crowd of biofuel by the obligated party in traffic brought by the debtor in traffic. The base value is 83.8 kg of carbon dioxide equivalent per Gigajoule. The greenhouse gas emissions from fossil petrol and fossil diesel fuel are calculated by multiplying the base value with the energetic crowd of fossil petrol and fossil diesel fuel marketed by the obligated party in traffic. Greenhouse gas emissions from biofuels are calculated by multiplying the in the recognised evidence according to § 14 of the biofuel sustainability regulation by September 30, 2009 (Gazette I pp. 3182), most recently by article 2 of the Decree of November 26, 2012 (BGBl. I S. 2363) has been amended is shown in amended greenhouse gas emissions in kilograms of carbon dioxide equivalent per Gigajoule with the energy amount of biofuel by the obligated party in traffic. Biofuels will be treated like fossil gasoline or fossil fuels, unless 1 the biofuels recognized certification not presented of biofuel sustainability regulation according to § 14, recognized evidence 2nd for the bio-fuels be submitted according to § 14 of the biofuels sustainability Ordinance, which include no greenhouse gas emissions, 3 for bio-fuels recognized evidence of biofuel sustainability regulation according to § 14 which are ineffective in terms of biofuel sustainability regulation and may not be recognized , 4. biofuels according to § 37 b paragraph 8 sentence 1 of the eligibility are excluded or 5th the European Commission in accordance with article 18, paragraph 8 of Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 to promote the use of energy from renewable sources and amending and subsequent repealing of directives 2001/77/EC and 2003/30/EC (OJ L 140 of the 5.6.2009, p. 16), the last by Directive 2013/18/EC (OJ L 158 of the 10.6.2013, p. 230) has been changed is, or pursuant to article 7 c Article 8 of Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 on the quality of petrol and diesel fuels and amending Directive 93/12/EEC (OJ L 350 of the 28.12.1998, p. 58), most recently by the delegated policy 2014/77/EC (OJ L 170 of the 11.6.2014, p. 62) is changed, has decided that the Federal Republic of Germany the biofuel that in article 17 paragraph 1 letter a, b, and c of Directive 2009/28/EC or may not account for the purposes referred to in Article 7a of Directive 98/70/EC.
Set 7 first half-sentence applies accordingly in paragraph 37 (b) paragraph 2 to 6 energy products referred to, if they are not bio-fuels in the meaning of this Act. In the calculation of the reference value according to the rates of 3 and 4, as well as greenhouse gas emissions according to the rates of 5 and 6 fuel quantities for which are a tax relief the debtor according to article 46, paragraph 1, sentence 1 number 1 or number 3, granted according to § 47 para 1 number 1, 2 or no. 6 of the energy tax act or will not take into account. In the cases of paragraph 5 sentence 1 number 2 and 3 applies set 9 regardless of the person of the discharge.
(5) the obligations referred to in paragraph 1 sentences 1 and 2 in connection with paragraphs 3 and 4 may by debtor 1. placing on the market of bio-fuels, fossil gasoline or fossil diesel fuel, which is number 1 and 4 of the energy tax act taxable, according to § 2 para 1 has been mixed in, 2. by placing clean biofuel which is number 1 and 4 of the energy tax act taxable according to article 2, paragraph 1 , and 3. in the cases of paragraph 3 sentence 2 and 3 and paragraph 4 by placing on the market of a) biofuels according to § 37 b paragraph 6, which was mixed with fossil natural gas fuel, which is number 1 of the energy tax act to pay tax on number 7 or paragraph 2, according to article 2, paragraph 1, and b) pure biofuels according to § 37 b paragraph 6, which according to § 2 para 1 No. 1 of the energy tax act to pay tax on number 7 or paragraph 2 is , be met. Electricity for use in road vehicles works set 1 and 2 in connection with paragraphs 3 and 4 to comply with obligations referred to in paragraph 1, if a regulation of the Federal Government allows for this according to § 37d paragraph 2 sentence 1 No. 11 and is demonstrated to the competent authority that the current was properly measured and monitored.
(6) the performance of obligations referred to in paragraph can be transmitted by contract, which requires the written form, to a third party who is not even enlisted, 1 sentence 1 and 2 in connection with paragraphs 3 and 4. In the case of paragraph 1 sentence 1 and 2 in connection with paragraph 3 the contract must include quantitative information on the extent of the commitment made by the third party against the debtor, as well as information, for which biofuels the transfer applies. In the case of paragraph 1, the contract must include also information on the greenhouse gas emissions of biofuels in kilograms of carbon dioxide equivalent sentences 1 and 2 in connection with paragraph 4. The third party able to fulfill contracts pursuant to sentence 1 by bio-fuels, which he brings the commitment year in traffic or brought. By way of derogation from set 4 the third commitment year to meet 2016 contracts 3 also substituting bio-fuels pursuant to sentence, he has already brought in the last year of the commitment year in traffic, if biofuels were not already subject to a contract pursuant to sentence 1, the third has been not even enlisted in the last year of the commitment year. Paragraph 1, sentence 2 and paragraph 5 sentence 1 shall apply accordingly. If the requirements pursuant to sentences 1 to 6 are the debtor is to treat, as he would have brought the bio fuels marketed by the third party in a traffic commitment year even in traffic. Paragraph 3, sentence 6 and paragraph 4 sets 3 to 10 shall apply mutatis mutandis. Bio-fuels used by the third party to comply with an obligation transferred pursuant to sentence 1 cannot be used to fulfill the commitment of a further obligation.
(7) the fulfillment of obligations referred to in paragraph can be transmitted by contract, which requires the written form, to a third party, who is himself enlisted, 1 sentence 1 and 2 in connection with paragraphs 3 and 4. Paragraph 6 sentence 2 shall apply accordingly. In the case of paragraph 1, the contract must include information on the amount of to be sure by the third party in the commitment year greenhouse gas reduction in kilograms of carbon dioxide equivalent sentences 1 and 2 in connection with paragraph 4. The third party able to fulfill contracts pursuant to sentences 2 and 3 only by biofuels, which he brings the commitment year in traffic or brought. Paragraph 1, sentence 2 and paragraph 5 sentence 1 shall apply accordingly. If the conditions laid down in the sentences 1 to 5 1 in the case of paragraph 1 be set 1 and 2 in connection with paragraph 3 marketed by the third party in transport biofuels exclusively when determining the minimum share of biofuels pursuant to paragraph 3 sentence 5 and 2 in the case of paragraph 1 sentences 1 and 2 in connection with paragraph 4 the greenhouse gas reduction rate achieved by the third party only at the calculation of greenhouse gas emissions according to paragraph 4 sentence 5 and 6
taken into account in favour of the debtor. In the case of the set of 6 number 2 is calculated the amount of greenhouse gas mitigation in appropriate application of paragraph 4 sentence 3 to 10. You by the third party to satisfy an obligation of used bio fuel or greenhouse gas reduction amounts transferred pursuant to sentence 1 can not be used to fulfil own obligation of the third party or the commitment of a further obligation.
(8) bio-fuels or greenhouse gas reduction in quantities that exceed the minimum percentage provided for in paragraphs 3 and 4 or percentage for a particular year of commitment and no tax relief number 1, 2 and 4 of the energy tax act has been submitted according to article 50, paragraph 1, sentence 1, be applied at the request of the debtor on the minimum proportion or percentage of the following year. Bio fuel quantities, 2014 exceeding the minimum percentage provided for in paragraph 3 in the year of commitment and their crediting to the commitment year 2015 by the obligated party is sought, is determine the eligible greenhouse gas reduction amount on the basis of a weighted average of 43,58 kg carbon dioxide equivalent per Gigajoule.

§ (1) biofuels are 37 b definitions and eligibility of biofuels without prejudice to paragraphs 2 to 6 energy products exclusively from biomass in the biomass regulation of 21 June 2001 (Federal Law Gazette I p. 1234), last by article 12 of the law of July 21, 2014 (BGBl. I S. 1066) is has been modified in the currently valid version. Energy products, pro rata produced from biomass are considered bio-fuel in this amount.
(2) fatty acid methyl esters (biodiesel) by way of derogation from paragraph 1 are only biofuels, if obtained from biogenic oils or fats which themselves are biomass within the meaning of regulation of biomass, and if their properties at least the requirements for biodiesel according to § 5 of the regulation on the conditions and the award of the qualities of fuels by December 8, 2010 (Federal Law Gazette I p. 1849) , by article 8 paragraph 1 of the Decree of 2 may 2013 (Federal Law Gazette I p. 1021) is changed, in the currently valid version. Bio-diesel is to treat under these conditions in full as a biofuel.
(3) bioethanol is by way of derogation from paragraph 1 only bio-fuel, if it be ethyl alcohol ex subheading 2207 10 00 of the combined nomenclature in the sense of § 1a sentence 1 is number 2 of the energy tax act. In the case of bioethanol, which is mixed with fossil diesel fuel, the properties of the bioethanol must comply with EN 15376, March 2008 issue or Edition November 2009 or April 2011, Edition at least the requirements of the DIN. In the case of bioethanol, which is included in the Ethanolkraftstoff (E85), the properties of the Ethanolkraftstoffs (E85) must comply with at least the requirements for Ethanolkraftstoff (E85) pursuant to section 6 of the regulation on the conditions and the award of the qualities of fuels. For energy products, pro rata produced from bio-ethanol, sentences 1 and 2 shall apply for the Bioethanolanteil.
(4) vegetable oil is by way of derogation from paragraph biofuel 1 only if its properties meet at least the requirements for vegetable oil fuel according to § 9 of the regulation on the conditions and the award of the qualities of fuels.
(5) hydrogenated biogenic oils are by way of derogation from paragraph biofuels 1 only, if obtained from biogenic oils or fats which themselves are biomass within the meaning of regulation of biomass, and if the hydrogenation in a refinery-technical process together with hefty petroleum oils. Hydrogenated biogenic oils should be treated under these conditions in full as a biofuel.
(6) bio-methane is by way of derogation from paragraph biofuel 1 only if it complies with the requirements for natural gas according to § 8 of the regulation about the condition and the award of the quality of fuels.
(7) section 11 of the regulation on the conditions and the award of the qualities of fuels according to the paragraphs 1 to 6 shall apply accordingly for the fuels. A standard approved in sentence 1, as well as the paragraphs 2 to 4 and 6 above, or in terms of have appeared at the Beuth Verlag GmbH, Berlin, laid down in the German national library archive in terms of secured.
(8) not counted towards the fulfillment can be 1 biogenic oils that have been hydrogenated in a refinery-technical process together with hefty petroleum oils obligations according to § 37a paragraph 1 sentence 1 and 2 in conjunction with § 37a paragraph 3 and 4, 2.
the biofuel share of energy products with a Bioethanolanteil of less than 70% by volume, which containing bioethanol goods of subheading 3824 90 99 of the combined nomenclature used to 3 granted to bio-fuels, fully or partially manufactured from animal oils and fats, and 4 bio-fuels, the tax relief according to article 50, paragraph 1, sentence 1 number 1, 2 or 4 of the energy tax act has been or will be.
In the case of § 37a paragraph 1 sentence 1 and 2 in conjunction with § 37a paragraph 3 biofuels be number 1 or number 3, the tax relief according to article 46, paragraph 1, sentence 1, granted according to § 47 para 1 number 1, 2 or no. 6 of the energy tax act or will not count against the commitments.
(9) the Federal Ministry for environment, nature conservation, construction and reactor safety announces the energy content of the different fuels and changes its energy content in the Federal Gazette.

section 37 c notification and submission requirements (1) enlisted have the competent authority up to April 15 of the year following the year of commitment commitment year of them in traffic quantity fossil petrol and fossil diesel fuel, the amount of biofuel, in the year of commitment of them in traffic based on the various relevant bio-fuels, and for the commitment years from the calendar year 2015 in addition the greenhouse gas emissions in kilograms carbon dioxide equivalent of the respective quantities in writing. The communication of the debtor company, place of the responsible for the placing on the market or the seat of the company, corresponding address and the name and address of the authorised representative are also to specify. As far as the fulfilment of contract was transferred from obligations according to § 37a paragraph 6, sentence 1 or § 37a paragraph 7, sentence 1 to third, obliged the competent authority have in addition after section 37a, paragraph 6, sentence 2 or sentence in writing the information 3 or § 37a paragraph 7 sentence 2 or sentence 3 and to submit a copy of the contract with the third party. In the case of § 37a paragraph 6 has the third party of the competent authority involved quantity of biofuel, because of its contractual obligation of it commitment year in traffic on various relevant bio-fuels, and for the commitment years from the calendar year 2015 in addition to writing the greenhouse gas emissions in kilograms of carbon dioxide-equivalent of the respective quantities. In the case of § 37a paragraph 6 sentence 5 applies accordingly for biofuels put forward by the third parties in traffic in the last year of the commitment year. In the case of § 37a paragraph 7, the third party of the competent authority involved quantity of biofuel, because of its contractual obligation of it commitment year in traffic on various relevant bio-fuels, and for the commitment years from the calendar year has 2015 on the basis of its contractual obligation obligation year seized greenhouse gas reduction quantity in kilograms of carbon dioxide equivalent in writing that. The authority granted a registration number to each debtor and carries an electronic register that contains for all committed according to the sentences 1 to 6 required.
(2) if debtor not meet an obligation according to § 37a paragraph 1 sentence 1 and 2 in conjunction with § 37a paragraph 3 and 4, the competent authority in the cases of § 37a paragraph 3 for the incorrect amount calculated in accordance with the energy content biofuel or in the cases of § 37a paragraph 4 for the incorrect amount of greenhouse gas emissions to reducing sets a levy. The tax liability of the debtor is created on 15 April of the calendar year following the year of commitment. In the cases of § 37a paragraph 3 sentence 1 or sentence 3 in conjunction with § 37a (3) sentence 4, the tax amounts to 19 euros per Gigajoule. In the cases of § 37a paragraph 3 sentence 2, the amount of the levy is 43 euro per Gigajoule. In the cases of § 37a paragraph 3 sentence 3, also in conjunction with § 37a (3) sentence 4, the levy for the missing quantities of biofuel is set for which to set 3 or set of 4 to set a levy is already. In the cases of § 37a paragraph 4, the tax will be charged to the incorrect amount of to reducing emissions of greenhouse gases and is 0.47 euros per kilogram of carbon dioxide equivalent. As far as in the case of § 37a paragraph 6, sentence 1 or of § 37a paragraph 7, sentence 1, the third party does not meet its contractual obligation, the competent authority shall determine the levy against the debtor.
(3) if the obligated party the competent authority record does not or not properly communicated 1 and 3 information required pursuant to paragraph 1, the Authority estimates that of the committed amounts placed in the commitment year fossil petrol and fossil diesel fuel and biofuel, as well as from the year 2015 the greenhouse gas reduction. The estimate is irrefutable basis for the obligation according to § 37a paragraph 1 sentence 1 and 2 in conjunction with § 37a paragraph 3 and 4. The estimate is omitted, as far as the debtor in the consultation to the fixing communication pursuant to paragraph 2 sentence 1 in connection with paragraph 2 sentence 3, 4, or 6 set communication brings to. As far as a third party set 4 to 6 improperly communicated information required pursuant to paragraph 1, the competent authority assumes that the third party has not complied with the commitment made by him. Sentence 4 shall not apply insofar as the third party in the context of the hearing on the notice of determination against the debtor this communication brings to set 7 referred to in paragraph 2.
(4) in the cases of § 37a paragraph 2 sentence 2, the tax warehousekeeper has in writing the amount of fossil petrol and fossil diesel fuel plus the share of biofuels for every debtor in traffic brought his competent principal Customs Office with the monthly energy tax return.
(5) in respect of paragraphs 1 to 4, you will find the application corresponding to consumption tax provisions of the tax code. Messages are considered tax within the meaning of the tax code pursuant to paragraph 1 and paragraph 4. Article 170, paragraph 2, sentence 1 No. 1 of the tax code shall apply. In the cases of paragraph 2 the obligated party is to listen to the fixing of the levy.

one or more competent bodies with the tasks are built § 37d competent authority, legal regulations (1) within the Federal Administration, to monitor the fulfilment of the obligations according to § 37a and to carry out the duties regulated in § 37 c. Also, it establishes a competent body within the Federal Administration that checks the reports according to section 37f. The Federal Government is authorized to determine the appropriate place by Decree without the consent of the Federal Council.
(2) the Federal Government is authorized, after consultation with the interested parties (§ 51) by Decree without the consent of the Federal Council 1, taking into account the technical development of a) in derogation from section 37 (b) paragraph 1 to 6 energy products for bio-fuel to determine, b) in deviation from § 37 b paragraph 1 to 6 to determine that certain energy products not or no longer apply in full for bio-fuel , c) the eligibility of biogenic oils within the meaning of § 37 b paragraph 8 set 1 number 1 on compliance with obligations according to § 37a paragraph 1 sentence 1 and 2 in conjunction with § 37a paragraph 3 and 4 by way of derogation to fix paragraph 8 sentence 1 number 1, section 37 as far as agricultural raw materials to be used in the production of biogenic oils , sustainably produced been are, d) to concretize, the recognition of bio-methane on the fulfilment of obligations according to § 37a paragraph 1 sentence 1 and 2 in conjunction with § 37a paragraph 3 and 4 e) eligibility of Biomethane, which is fed into the natural gas grid, on the fulfilment of obligations according to § 37a paragraph 1 sentence 1 and 2 in conjunction with § 37a paragraph 3 and 4 to regulate , f) in order to determine, in the case of the injection of Biomethane into the natural gas network which is to lead evidence on greenhouse gas emissions, as well as g) the detection procedure for the recognition of bio-methane total closer to regulate, 2. to determine that the quantitative share a certain biofuel to number 1 or § 37 b paragraph 1 to 7 of total fuel sales in the framework of the fulfilment of obligations according to § 37a paragraph 1 sentence 1 and 2 in conjunction with § 37a paragraph 3 to subject to a multiplication of to calculate installed quantity of the respective biofuel with a certain calculation factor in traffic, to be determined taking into account the greenhouse gas balance of the respective biofuel is 3 to stipulate that biofuels only on the fulfilment of obligations according to § 37a paragraph 1 sentence 1 and 2 in conjunction with § 37a paragraph 3 and 4 be applied if demonstrably certain environmental and social requirements of sustainable production of biomass, as well as to the protection of natural habitats are met in the production of the biomass, and if the biofuel has a specific greenhouse gas reduction, the requirements within the meaning of point 3 set 4, 5.
the amount of the levy pursuant to § 37c paragraph 2 sentence 3, to change 4 or set of 6, to ensure a comparable economic burden of all committed in the case of changes in the price level for fuels, 6 base value. Notwithstanding § 37a paragraph 4 sentence 4 to determine the eligibility of certain biofuels on the obligations under § 37a paragraph 1 sentence 1 and 2 in conjunction with § 37a paragraph 3 and 4 to limit 7 , unless the directive 2009/28/EC limit the eligibility of these biofuels on the objective of article 3 paragraph 4 which provides for directive 2009/28/EC, as well as the detection method to regulate, set 8 a minimum percentage of biofuels to meet the obligations according to § 37a paragraph 1 sentence 1 and 2 in conjunction with § 37a paragraph 3 or 4, as well as to regulate the detection methods , 9. the calculation of the greenhouse gas emissions of fossil petrol and diesel fuel used for fossil derogation determined by § 37a paragraph 4 sentence 5 and to regulate the detection procedure, 10 the calculation of the greenhouse gas emissions from biofuels by derogation from § 37a paragraph 4 sentence 6 to set and the detection procedure for rules to govern 11 eligibility of electricity for use in road vehicles in accordance with § 37a, paragraph 5, sentence 2, and in particular a) to set the calculation procedure for the greenhouse gas emissions of the quantities used for electric power and
(b) to regulate the detection procedure, 12 taking into account technological development to extend the scope of application in § 37a paragraph 1 sentence 1 to more fuel and in particular a) the calculation of the greenhouse gas emissions of fuels and b set) the detection methods to regulate, 13, taking into account the technical development the requirements according to § 37a paragraph 5 sentence 1 to further measures for greenhouse gas reduction, to fulfil the obligations according to § 37a paragraph 1 sentence 1 and 2 in conjunction with § 37a paragraph 3 and 4 can be used to supplement and in particular a) the calculation procedure for the greenhouse gas emissions of such measures to set and b) the detection procedure to regulate, 14 the reporting requirement pursuant to section 37f paragraph 1 in particular to art, closer to shape the form and content of the report, as well as to ensure a proper reporting required arrangements of the competent authority to regulate a detection method to set 15 for a requirements) according to § 37a paragraph 4 sentence 7 number 5 , b) according to § 37 b paragraph 1 to 7, where appropriate in conjunction with the regulation referred to in point 1 letter a) or (b, c) according to § 37 b paragraph 8 sentence 1, d) of the regulation referred to in point 1 letter c and e) Regulation according to paragraphs 2 to 4, 16 exceptions the specifications according to section 37 paragraph 8 sentence 1 number 3 set, provided that this does not preclude the sense and purpose of the provision , to make 17 of § procedural rules other than 37 c paragraph 1 and 3 to 5.
Regulations pursuant to sentence 1 number 1 letter c shall require the approval of the German Bundestag. Regulations 1 number 13 require the consent of the German Bundestag to set unless arrangements for stream-based fuels. Has the German Bundestag deals after the expiration of four weeks from receipt of the order pursuant to sentence 2 or 3 with her, agreeing to the unmodified Ordinance is considered granted.
(3) the Federal Government shall be empowered, by means of an Ordinance without the consent of the Federal Council, rules for the implementation of article 37a to 37 c and the regulations based on paragraph 2 more detailed to enact and in particular 1 the procedure for the protection and monitoring of compliance with the quota obligation in cases of § 37a paragraph 6 and 7 and to regulate with respect to the data required for the determination of the minimum stake of biofuel or greenhouse gas reduction , 2. for securing and monitoring the compliance with the quota obligation to enact different provisions § 37a paragraph 4 sentence 9 and 10 and § 37a paragraph 6 and 7, 3. the required supporting documents and the monitoring of compliance with the requirements of bio-fuels, as well as the necessary sampling closer to rules 4 to determine that the emergence of obligations a certain according to § 37a paragraph 1 sentence 1 and 2 in conjunction with § 37a paragraph 3 and 4 on the placing minimum quantity of Fuel is tied.

§ 37e fees and expenses; Authority to issue regulations (1) for official acts, which are based on legal regulations on the basis of § 37d paragraph 2 sentence 1 number 3 and 4 and in connection with the recognition of systems or with the recognition and supervision are an independent supervisory authority, will be charged to cover administrative overhead charges and expenses.
(2) the Federal Ministry of food and agriculture is authorized to determine the chargeable offences and the rates by Decree without the consent of the Federal Council in agreement with the Federal Ministry for environment, nature conservation, construction and nuclear safety and the Federal Ministry of finance, and respect to lay down fixed rates, in the form of one-time fees or frame rates. Under the Ordinance, the reimbursement of expenses also different will be governed by the administrative costs act as amended by force until August 14, 2013.

section 37f reports on fuels and energy products (1) debtor have to submit a report on fuels marketed in the previous commitment year in transport and energy products by 31 March of each year the competent authority if a legal regulation provides for this according to § 37d paragraph 2 sentence 1 number 14. The report contains at least the following information: 1. the total quantity of each type of fuels placed on the market and energy products, stating the place of acquisition and of the origin and 2. greenhouse gas emissions per unit of energy.
(2) the competent authority reviews the reports. The obligated party must provide the information to the competent authority on request and to submit the documents which are required to verify the reports.

§ 37 g report of the Federal Government after the report was submitted pursuant to article 22 of Directive 2009/28/EC of the European Commission, the Federal Government submitted the report in accordance with article 64 of the biofuels sustainability Ordinance the German Bundestag and the Bundesrat.
Fourth part quality and operation of vehicles, construction and modification of roads and railways section 38 nature and operation of vehicles (1) motor vehicles and their trailers, rail, air and water vehicles and floats and floating facilities must be designed, that caused by the traffic emissions during normal operation not exceed the limits to continuing environmental impacts to protect against harmful. They must be operated so that prevents spurious emissions and unavoidable emissions to a minimum can be limited.
(2) the Federal Ministry of transport, building and urban development and the Federal Ministry for environment, nature conservation and nuclear safety determine after consultation with the interested parties (§ 51) by decree with the consent of the Federal Council the the texture, the equipment, the operation and testing requirements necessary to protect against adverse environmental impacts in paragraph 1 sentence 1 vehicles referred to and equipment, even if subject to the traffic regulations of the Federal Government. This emission limit values can be set, taking into account the technical development for a time after entry into force of the regulation.
(3) due to the requirements referred to in paragraph 2 article 7, paragraph 5 shall apply mutatis mutandis.

The purpose referred to in section 1 § 39 meeting of intergovernmental agreements and legislative acts of the European communities or the European Union to fulfil the obligations under intergovernmental agreements or binding legal acts of the European communities or the European Union can determine the Federal Ministry for transport, building and urban development and the Federal Ministry for environment, nature conservation and nuclear safety by decree with the consent of the Federal Council , that the vehicles referred to in section 38 must meet certain requirements on quality, installation, testing and operation. Due to the requirements pursuant to sentence 1, § 7 paragraph 5, applies accordingly.

§ 40 limited road transport authority traffic restrictions (1) or prohibiting motor vehicle traffic in accordance with the traffic regulations, as far as a clean air program or a plan provide for this for measures in the short term to be taken under article 47, paragraph 1 or 2. The road transport authority can allow exceptions to prohibitions or restrictions of the motor-vehicle traffic in agreement with the authority responsible for the pollution, if required urgent and overwhelming reasons of the well-being of the general public.
(2) the competent road transport authority can ban automobile traffic in accordance with the traffic regulations on certain streets or in certain areas or limit, if the motor vehicle traffic contributes to exceeding in regulations according to § 48a paragraph 1a defined immission values and as far as the authority responsible for immission protection considers it in regard to local conditions offered, to reduce adverse environmental impacts due to air pollution or to avoid their occurrence. Here, the needs of transport and urban development issues must be considered. Section 47, paragraph 6, sentence 1 shall remain unaffected.
(3) the Federal Government is authorized to regulate by decree with the consent of the Federal Council after consultation with the interested parties (article 51), that vehicles with low contribution to the pollution of traffic bans are fully or partially exempt from or may be exempted, the for this relevant criteria and the official identification of motor vehicles to set. Regulation can also regulate that specific trips or people are excluded or may be exempted if the well-being of the general public or urgent and overwhelming interests of the individual.

Section 41 is roads and railways (1) the construction or the substantial change of public roads and railways, maglev trains and trams without prejudice to article 50 to ensure that through this no adverse environmental impacts can be caused by traffic noise, which can be avoided after the State of the art.
(2) paragraph 1 shall not apply where the costs would be of the Defense disproportionate to the protection purpose.

In the case of § 41 1 emission limits set exceeded number of legal regulation according to article 43, paragraph 1, sentence 1, has the owner of an affected structural system against the makers of Baulast unless a claim for reasonable compensation in money, article 42 compensation for noise protection measures (1) are that the impact due to the particular use of the area is reasonable. This also applies to structures that were officially approved interpretation of the plans in the plan approval procedure or interpretation draft of the plans with proven infrastructure planning.
(2) the compensation is to provide for noise protection measures on the structures in the rendered necessary expenses, insofar as they speak number 3 within the framework of the regulation according to article 43, paragraph 1, sentence 1. Regulations, which give further compensation, remain unaffected.
(3) no agreement on compensation is reached between the institution of Baulast and the person concerned, the competent national law at the request of one of the parties sets the compensation by written notification. In addition the expropriation laws of countries apply for the procedure.

§ 43 regulation of the Federal Government (1) the Federal Government shall be empowered, after consulting participating to the implementation of article 41 and article 42, paragraph 1 circles (§ 51) by decree with the consent of the Federal Council and in particular about 1 limits that must not be exceeded, and the procedures for determining the emissions or emissions to protect of the neighborhood from adverse environmental impacts from noise certain 2 necessary rules to adopt, , 2. specific technical requirements for the construction of roads, railways, maglev trains and trams to avoid adverse environmental impacts by noise and 3. nature and scope of the necessary to protect against adverse environmental impacts by noise noise protection measures on structures.
In the regulations on the basis of sentence 1 to take account of the special features of rail transport provided discount of 5 decibels (A) is from 1 January 2015 and for railways, which only the regulation of the construction and operation of trams of 11 December 1987 (BGBl. I S. 2648) are subject to, as of January 1, 2019 no longer apply, as far as at that time for any section of of a project that the plan approval procedure is still not opened and the interpretation of the plan yet no public announcement was made. The application of the reduction referred to in sentence 2 can be seen off already before 1 January 2015, if additional costs are supported by the project proponents or the Federal.
(2) due to the requirements referred to in paragraph 1 article 7, paragraph 5 shall apply mutatis mutandis.
Fifth part of monitoring and improvement in air quality, air clean holding planning, noise abatement plans § 44 lead (1) air quality monitoring to monitor the air quality authorities regular examinations according to the requirements of the regulations according to § 48a par. 1 or 1a by.
(2) the land Governments or the bodies designated by them are authorized to determine by legal regulations investigation areas where nature and extent certain not by paragraph 1 are collected in the atmosphere, which can cause adverse environmental impacts in a certain period of time or continuously to determine air pollution, as well as to investigate the circumstances significant for the development of air pollution and their spread.

Article 45 improvement of air quality (1) the competent authorities shall take the necessary measures to ensure the adherence to the Immissions values defined by a legal regulation according to § 48a. In particular plans include according to § 47. (2) the measures referred to in paragraph 1 a) must take into account the protection of air, water and soil an integrated approach;
b) of workers in the workplace may not violate the rules for the protection of health and safety;
c) must not cause any significant impairment of the environment in other Member States.

§ 46 inventories insofar as it is required to comply with binding legal acts of the European communities or the European Union, provide the competent authorities emission inventories on.

§ to inform 46a public information that is public in accordance with the legal regulations according to § 48a para 1 of air quality. Overruns in regulations according to § 48a para 1 of set information or alert thresholds are known to the public by the competent authority without delay through radio, television, press, or otherwise.

§ 47 clean air plans, plans for short term to poignant measures, land regulations (1) be exceeded Immissions limit values including fixed margins of tolerance set by a regulation according to § 48a para 1, the competent authority has to make a clean air program, which lays down the necessary measures for the permanent reduction of air pollution and meets the requirements of the Ordinance. Sentence 1 shall apply mutatis mutandis if a legal regulation lays down according to § 48a para 1 to comply with targets establishing air clean restraint. The actions of an air clean holding plan must be suitable to hold the period of exceeding already required immission limit values as short as possible.
(2) there is a risk that that be exceeded alarm thresholds by a legal regulation according to § 48a para 1, the competent authority has a plan for short-term measures to be taken to establish, as far as the legal regulation provides for this. There is a risk that a legal regulation according to § 48a para 1 set emission limit values or target values are exceeded, the competent authority may prepare a plan for measures in the short term to be if the regulation so provides. The measures set out in the plan must be suitable to reduce the risk of exceeding the values or to shorten the period during which the values are exceeded. A plan for measures in the short term to be taken can be part of an air clean holding plan referred to in paragraph 1.
(3) evidence, that paragraph 1a set emission values are not respected by a legal regulation according to § 48a, or are to expect other harmful environmental impacts in a study area within the meaning of article 44, paragraph 2, the competent authority may formulate a clean air program. When drawing up these plans, the goals of spatial planning are to be observed; the principles and other requirements of spatial planning are taken into account.
(4) the measures are according to the "polluter pays" in part, observing the principle of proportionality to all issuers, which contribute to the exceeding of the Immissions values or in a study area within the meaning of article 44 paragraph 2 to other adverse environmental impacts. Be necessary in plans referred to in paragraph 1 or 2 measures in road transport, these are in agreement with the competent road construction and road authorities to set. Immissions values are exceeded with regard to multiple pollutants, monitor all pollutants is a plan to set up. Immissions values are exceeded by emissions caused outside of the plan area has there authority in the cases of paragraphs 1 and 2 to set up a plan.
(5) according to the paragraphs 1 to 4 to be plans must comply with the requirements of article 45, paragraph 2. The public is to draw up plans to participate in the paragraphs 1 and 3. The plans must be accessible to the public.
(5a) the installation or change of air plans referred to in paragraph 1 is to engage the public by the competent authority. The positioning or change an air clean retention plan and details of the process are in an official bulletin and in other appropriate ways to make publicly known. The design of the new or revised air clean holding plan is to interpret a month for inspection; up to two weeks after the expiration of the comment period, position can be taken in writing to the competent authority; the date of the expiry of the period must be communicated in the notice pursuant to sentence 2. Time received opinions are considered appropriate by the competent authority when deciding on the adoption of the plan. The set plan is to make publicly known by the competent authority in an official bulletin and in other appropriate ways. In the public notice that through planned area and an overview of the essential measures to represent. A copy of the plan, including a description of the sequence of the participation process and the reasons and considerations on which the decision is based, is interpreted two weeks for inspection. This paragraph shall not apply if it is the clean air program referred to in paragraph 1 to a plan, for which a strategic environmental assessment making is according to the law on environmental impact assessment.
(5B) are plans for measures in the short term to be established pursuant to paragraph 2, the competent authority makes the public both the results of their investigations on the feasibility and the content of such plans and information on the implementation of these plans accessible.
(6) the measures that plans to specify the paragraphs 1 to 4, are to enforce orders or other decisions of the competent public administration institution under this Act or under other legislation. Planning legal provisions are provided in the plans the competent planning institutions have to take this into account in their planning.
(7) the land Governments or the bodies designated by them may be authorized at the risk of that emission limit values are exceeded, sets a legal regulation according to § 48a para 1 to impose by decree that in closer to determining areas of certain 1 portable equipment may not be operated, 2 fixed installations must be built, 3 mobile or stationary equipment only at certain times may be operated or need to meet increased operational requirements , 4 fuels in systems not or only limited may be used, provided that the equipment or fuels are capable to contribute to the exceeding of the Immissions values. Paragraph 4 sentence shall apply 1 and § 49 paragraph 3.
Sixth part noise reduction planning Section 47a scope of application of the sixth part this part of the Act applies to environmental noise, the people, especially in built-up areas, in public parks or other quiet areas in an agglomeration, in quiet areas in the country, in the environment of school buildings, are exposed to hospitals and other noise-sensitive buildings and areas. It does not apply to noise which the person affected or of activities within rentals is caused for neighbourhood noise, noise at work, transport or noise due to military activities in military areas.

§ 47b definitions In this law refer to the terms 1 belästigende "Environmental noise" or harmful outdoor sound, caused by activities of people including noise originating from transport, road traffic, rail traffic, air traffic and sites for industrial activities;
2. "Agglomeration" means a territory with a population of over 100 000 and a population density of more than 1 000 inhabitants per square kilometre.
3. "main road" is a Federal Highway, road, or other cross-border road, each with a traffic of over three million cars per year.
4. a ' major railways ' rail railways under the General Railroad law with a traffic of over 30 000 train passages per year;
5. "Major airport" are an airport with a traffic of over 50 000 movements per year, with "Movement" called the launch or landing, this exclusive training except serving movements with light aircraft.

section 47c noise maps (1) the competent authorities shall work until June 30, 2007 based on the previous calendar year noise maps for agglomerations with more than 250 000 inhabitants, as well as for major roads with traffic of over six million vehicles per year, main railway line with a traffic of over 60 000 train passages per year and major airports. The same applies to June 30, 2012, and thereafter every five years for all agglomerations and for all major roads and major railways.
(2) the noise maps have the minimum requirements of annex IV of to Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise (OJ EC No. L 189, p. 12) to comply with and to contain the data to be transmitted under annex VI of Directive 2002/49/EC to the Commission.
(2a) public railway infrastructure companies are obliged to provide the authorities responsible for the preparation of noise maps following data required for the preparation of noise maps free of charge: 1 to the railway infrastructure and 2 data to the traffic of the railways on the railways.
(3) the competent authorities shall cooperate with the competent authorities of other Member States of the European Union in the preparation of noise maps for frontier areas.
(4) the noise maps are reviewed at least every five years after the date of they are created and revised if necessary.
(5) that competent authorities the Federal Ministry for environment, nature conservation and nuclear safety, or a body designated by it to June 30, 2005, and thereafter every five years the agglomerations with more than 250 000 inhabitants, the main roads with traffic of over six million vehicles per year, the main railway line with a traffic of over 60 000 train passages per year and major airports with. The same applies to 31 December 2008 for all metropolitan areas as well as all major roads and major railways.
(6) the competent authorities communicate with information from noise maps, which are referred to in the regulation according to § 47f, the Federal Ministry for environment, nature conservation and nuclear safety, or a body designated by it.

The competent authorities shall section 47 d noise action plan (1) until July 18, 2008 noise action plan, which regulated noise problems and noise effects are for 1st places near the major roads with traffic of over six million vehicles per year, the main line with a traffic of over 60 000 train passages per year and major airports, 2. agglomerations with more than 250 000 inhabitants.
The same applies to 18 July 2013 for all agglomerations and for all major roads and major railways. The establishment of action plans is at the discretion of the competent authorities, should enter but also taking into account the multiple sources of noise exposure in particular on the priorities, arising from the relevant limit values is exceeded or due to other criteria, and apply in particular to the most important areas, as they are shown in the maps.
(2) the noise action plan have to comply with the minimum requirements of annex V of to Directive 2002/49/EC and to contain the data to be transmitted under annex VI of Directive 2002/49/EC to the Commission. Target these plans should also be there to protect quiet areas against an increase of in noise.
(2a) public railway infrastructure companies are obliged to participate in the formation of noise action plans for places nearby the main railway line and for metropolitan areas with rail transport.
(3) the public is consulted on proposals for noise action plan. She has the opportunity to participate in the drafting and review of the noise action plan timely and effective. The results of participation are taken into account. The public must be informed about the decisions taken. It is to provide reasonable deadlines with a sufficient amount of time for each phase of participation.
(4) paragraph 3 shall apply section 47 c accordingly.
(5) the noise action plan are significant developments for the noise situation, but every five years after the date of its installation checked and if necessary revised.
(6) section 47, paragraph 3, sentence 2 and paragraph 6 shall apply mutatis mutandis.
(7) the competent authorities inform information from the noise action plan identified in the regulation according to § 47f, the Federal Ministry for environment, nature conservation and nuclear safety, or a body designated by it.

section 47e competent authorities (1) the competent authorities for the tasks of this part of the Act are the communities or the authorities competent under national law, unless not below otherwise.
(2) the Supreme Land authorities or the bodies designated by them shall be responsible for the communications pursuant to § 47 c paragraph 5 and 6 as well as according to § 47 para. 7 (3) the railway Federal Office is responsible for the preparation of noise maps for railways railways of the Federation according to § 47 c, and as far as the communication the main railway line according to § 47 c paragraph 5, for the communication of information according to § 47 c paragraph 6 and for the informing of the public about noise maps according to section 47f paragraph 1 sentence 1 number 3 () (4) by way of derogation from paragraph 1, the federal railway authority is responsible for the establishment of a nationwide noise action plan for the main railway line of the federal measures in federal territory from 1 January 2015. The federal railway Office contributes to the noise action planning during noise action plan for metropolitan areas.

section 47f regulations (1) the Federal Government is authorized to adopt, in particular 1. effects harmful to the definition of noise indicators and their application, 2. calculation methods for noise indicators and to assess, 3. to inform of the public about competent authorities as well as noise maps and noise action plan further regulations on the implementation of Directive 2002/49/EC into German law after consultation of interested parties (§ 51) by decree with the consent of the Federal Council , 4th on criteria for defining measures in noise action plan.
The Commission in accordance with article 12 of Directive 2002/49/EC the annex adapts (2) of the directive section 3, annex II and annex III 2002/49/EC under the procedure of laid down in article 13 to scientific and technical progress, sentence 1 shall apply also to the extent.
(2) the Federal Government is authorized to enact further regulations 1 to the format and content of noise maps and noise action plan, 2nd to the data collection and data transfer after consultation of interested parties (§ 51) by decree with the consent of the Federal Council.
Seventh part of common provisions article 48 administrative provisions (1) the Federal Government shall adopt after consultation of interested parties (§ 51) with the consent of the Federal Council for the implementation of this law and the regulations issued on the basis of this Act, federal general administrative provisions, particularly over 1. Immissions values, which may not be exceeded for the purpose referred to in section 1, 2. emission levels, which exceeded can be avoided after the State of the art , can be foreseen 3. procedure for determining the emissions and Immissions, 4. the measures to be taken by the competent authority for plants, for the provisions in a regulation according to § 7 paragraph 2 or 3, taking into account in particular the stated requirements 5 equivalent parameters or equivalent technical measures for emission.
In determining the requirements in particular possible relocation of adverse effects of a protective material to another are taken into account; a high level of protection for the environment as a whole is to ensure.
(1a) every time you publish a bat conclusion is to ensure that systems after the Industrieemissions directive in defining emission levels referred to in paragraph 1 set 1 number 2 the emissions under normal operating conditions the emission bandwidth in the bat conclusions mentioned do not exceed. The Federal Ministry for environment, nature conservation and reactor safety checks at a plant within one year after publication of a bat conclusion to the main activity, whether the State of the art has emerged; Progress of the State of the art makes it known in the Federal Gazette.
(1B) by derogation from paragraph 1a 1 can set less stringent emission levels in the regulations, if a) due to technical characteristics of the affected asset types, the application of the emission bandwidth in the bat conclusions mentioned would be disproportionate and this is justified or b) in plants emerging techniques should be tested for a total period not exceeding nine months or applied, unless after the set period of time the application of these technologies is finished or reached at least the emission bandwidth associated with the best available techniques in the system be, or 2 can be determined in the regulations, that the competent authority may set less stringent emission limits, if a) due to technical characteristics of the plants concerned that application of the emission bandwidth in the bat conclusions mentioned would be disproportionate or b) in plants emerging techniques to be tested for a total period not exceeding nine months or applied, provided that the application of these technologies is terminated after the set period of time or at least the emission bandwidth associated with the best available techniques are reached in the system.
Paragraph 1 sentence 2 shall remain unaffected. Emissions and emission limits pursuant to sentence 1 shall not exceed the emission limit values laid down in the annexes to the directive 2010/75/EEC.
(2) (dropped out) § 48a legal regulations on emissions and Immissions values (1) to comply with binding legal acts of the European communities or the European Union can § 1 the Federal Government to the mentioned purpose with the consent of the Federal Council enacted regulations on the determination of immission and emission levels including procedures for the identification, as well as measures for compliance with these values and monitoring and measurement. In the regulations can be controlled also, as the population is to teach.
(1a) on the performance of binding acts of the European communities or of the European Union can adopt regulations laying down emission values for other pollutants, including procedures for the identification, as well as measures for compliance with these values and monitoring and measurement the Federal Government for the purpose referred to in section 1, with the consent of the Federal Council. In the regulations can be controlled also, as the population is to teach.
(2) the measures laid down in the regulations referred to in paragraph 1 are arrangements or other decisions of the competent public administration institution under this Act or other legislation to enforce; as far as planning legal provisions are provided, the competent planning institutions have to find whether and to what extent are planning to consider.
(3) for the performance of binding acts of the European communities or the European Union, the Federal Government for the purpose referred to in section 1 can justify to fulfill obligations with the consent of the Bundesrat in legislation by authorities and give them powers to the collection, processing and use of personal data, insofar as these are necessary for the assessment and management of the requirements in the decisions.

§ 48b participation of the Bundestag the adoption of legal regulations legal regulations according to § 7 paragraph 1 sentence 1 number 2, article 23, paragraph 1, sentence 1 number 2, article 43, paragraph 1, sentence 1 number 1, § 48a para 1 and Article 48a are paragraph 1a of this law to submit to the Bundestag. The supply takes place before the supply line to the Federal Council. The regulations can be modified by a decision of the Bundestag or rejected. The decision of the Bundestag shall be communicated to the Federal Government. Has the Bundestag not deals after the expiration of four weeks from receipt of the order with her, the unmodified legal regulation is forwarded to the Federal Council. The sentences 1 to 5 do not apply in legal regulations according to § 7 paragraph 1 sentence 1 number 2 for the case that due to the development of the State of the art implementation of bat conclusions according to § 7 paragraph 1a is required.

Paragraph 49 protection of in specific regions (1) the provincial governments be empowered by regulation to prescribe, that in closer to determine areas requiring special protection against harmful environmental impacts caused by air pollution, or noise, certain 1 must must mobile equipment may not be operated, 2 fixed installations must be built, 3 mobile or fixed installations only at certain times are operated or increased operational requirements or 4 fuels in installations not limited may be used or ,
as far as the equipment or fuels are suitable to induce adverse environmental impacts due to air pollution or noise which are incompatible with the special need to protect these areas, and the air pollution and noise cannot be prevented by conditions.
(2) the provincial governments be empowered to assess areas Ordinance, where during Exchange-poor weather conditions is to fear a strong growth of harmful environmental impact due to air pollution. Under the Ordinance may be prescribed, that are in these areas, portable or fixed equipment only at certain times operated 1 or 2. fuels, which cause air pollution in particular, in systems not or only limited use should, as soon as the exchange of poor weather conditions will be announced by the competent authority.
(3) national appropriations for the municipalities and municipal associations to adopt local regulations, which have rules to protect of the population against the harmful environmental effects by air pollution or noise to the subject, are not affected.

Section 50 the flats provided for a particular purpose are planning in spatial planning and measures to assign each other so that harmful environmental impacts and serious accidents within the meaning of article 3, point 5 of Directive 96/82/EC in operational areas called out effects on the exclusively or predominantly serving the residential areas and other vulnerable areas, in particular publicly used areas, major roads , Leisure areas and particularly valuable from the point of view of nature protection, or particularly sensitive areas and buildings of public use, as far as possible be avoided. Spatial planning and measures in areas where the emission limit values laid down in regulations according to § 48a para 1 and target values are not exceeded, maintaining the best possible air quality is in balancing the needs of affected as concern.

§ 51 consultation involved parties as far as appropriations to adopt legal regulations and general regulations require the consultation of interested parties is an each selectable County by representatives of science, of the persons concerned, involved business involved transport and of the Supreme Land authorities responsible for pollution to hear.

§ 51a Commission for system security (1) at the Federal Ministry for environment, nature conservation and nuclear safety is formed a Commission for plant safety to the advice of the Federal Government or the competent Federal Ministry.
(2) the Commission for plant safety should show ways to improve plant safety expert at regular intervals, as well as for special reasons. The State of security technology also proposes corresponding rules (safety rules), taking into account the rules for other objectives. After consulting the Supreme Land authorities responsible for the plant safety, the Federal Ministry for environment, nature conservation and nuclear safety can publish these rules in the Federal Gazette. The Commission for plant safety checks within reasonable time intervals, after every five years at the latest, whether the published safety rules continue to correspond to the safety level.
(3) in the Commission for plant safety are in agreement with the Federal Ministry of labour and Social Affairs as well as representatives or representatives of the federal authorities involved, as well as national authorities responsible for the immission and occupational safety and health in particular representatives or representatives of science, the environmental associations, trade unions, the experts according to § 29a and the approved monitoring bodies according to section 37, paragraph 5 of the product safety Act, the trade associations, economic as well as representatives or representatives of involved according to § 24 of the operational safety Ordinance and section 21 of the Ordinance on hazardous substances established committees to appoint.
(4) the Commission for plant safety elects from among its members a Chairman or a Chairman and adopt its rules of procedure. The choice of or of the Chairman and the rules of procedure require the approval of the Federal Ministry for environment, nature conservation and reactor safety to be issued in agreement with the Federal Ministry of labour and Social Affairs.

§ 51 (b) ensuring of the delivery option of licensable system operator has to make sure that certain documents in the area of application of this Act can be delivered for him. Can delivery the only way to ensure that an agent is appointed, the operator has to call the representative of the competent authority.

§ 52 monitoring (1) the competent authorities have to monitor the implementation of this Act and the regulations based on this law. You can take the necessary measures and put officers in the implementation of these measures. You have to check permits within the meaning of § 4 regularly and if necessary by subsequent orders to bring article 17 on the cutting edge. A review within the meaning of sentence 2 is made in each case, if 1 indications, that protecting the neighborhood and the general public not sufficiently is and must be therefore the emissions limits laid down in the authorisation checks or newly established, significant changes of the State of the art a significant reduction of the emissions permit 2., 3. improving the operational reliability is required , this request in particular by other techniques, or 4 new environmental legislation.
Systems according to Industrieemissions 1 is four years after the release of bat conclusions to the main business to carry out a review and, if necessary, update the approval pursuant to sentence 3 and 2 to ensure that the installation number 1 and the incidental provisions comply with the authorisation requirements according to § 6 paragraph 1 according to § 12.
Sentence 5 applies to permits that had been issued after publication of bat conclusions on the basis of the existing laws, regulations and administrative provisions. Determined that a compliance with the subsequent order would be disproportionate according to § 17 or approval within the period specified in sentence 5 due to technical characteristics of the affected plant, the competent authority may set a longer period of time. As part of any review of the approval, the competent authority has the establishment of less stringent emission limits according to § 7 paragraph 1 b set 1 number 2 1(a), article 12, paragraph 1 b set 1 number 1, § 17 paragraph 2 sentence 1, paragraph 1 and article 48, paragraph 1 sentence 1 number 2 letter a again to evaluate.
(1a) In the case of article 31 paragraph 1 sentence 3, the competent authority shall at least annually to assess the results of the emissions monitoring to ensure that the emissions are under normal operating conditions do not exceed the emission bandwidth that is laid down in the bat conclusions.
(1B) for the implementation of paragraph 1 sentence 1 the competent authorities for the regular monitoring of plants according to the Industrieemissions directive in the area of its competence of monitoring plans and monitoring programs set up in accordance with § 52a. Pursuant to sentence 1 in particular preliminary site visits, monitoring emissions and reviewing internal reports and follow-up documents, checking of Autocontrol, belong to the monitoring examination of techniques and the suitability of the environmental management of system to ensure the requirements of article 6, paragraph 1 number 1 (2) owners and operators of plants as well as owners and owners of land on which plants are operated, are required the members of the competent authority and their representatives access to the land and to prevention of urgent risks for the public safety or order to living rooms and carrying out of tests including the determination of emissions and Immissions to allow to provide the information and to submit the documents that are required to perform their tasks. The fundamental right of inviolability of the home (article 13 of the Basic Law) is limited in this respect. Operators of installations for which a pollution prevention officer or an incident officer is ordered, shall pursuant to sentence 1 consult them at the request of the competent authority for supervision measures. In the framework of the obligations pursuant to sentence 1, the owners and operators of the workers, as well as tools, in particular fuels and drive units have to provide.
(3) paragraph 2 shall apply accordingly for owners and owners of plants, substances, products, fuels and fuels and lubricants, insofar as they are subject to the articles 37a to 37c or the regulation of the Ordinance adopted pursuant to §§ 32-35, 37 or 37d. The owner and the owners have to allow the taking of samples the members of the competent authority and their representatives, as far as this is necessary for the performance of their duties.
(4) costs incurred by tests within the framework of the approval process, is the applicant. Costs incurred during the removal of samples according to paragraph 3 and their investigation, carries the party. Costs incurred by other monitoring measures according to paragraph 2 or 3, is the party, unless the measure concerns the determination of emissions and Immissions or the monitoring of an non-licensable installation outside the monitoring system after the twelfth Ordinance for the implementation of the Federal Immission Control Act; in these cases, the costs are only to impose on the respondents, if the investigations revealed that 1 does not meet requirements or orders under the provisions of this Act or the regulations based on this law have been or 2 requirements or arrangements available under the provisions of this Act or the regulations based on this law are.
(5) the debtor information the information on such questions, may refuse the answer himself or one who would expose number 1 to 3 of the code of civil procedure referred to members of the danger of criminal prosecution or proceedings in Article 383 paragraph 1 according to the law of administrative offences.
(6) as far as emissions are determine to carry out this Act or the regulations based on this law, also the owner and owner of land on which equipment not operated, have to allow the access to the land and prevent urgent threats to public safety or order to residential premises and the carrying out of tests the members of the competent authority and their representatives. The fundamental right of inviolability of the home (article 13 of the Basic Law) is limited in this respect. When exercise of powers pursuant to sentence 1 is into account the legitimate interests of the owners and owners to take; the country, in the case of article 59 paragraph 1 of the Federal has to pay compensation for damages. The damage was unavoidable consequences of control measures and the monitoring measures led to rulings of the competent authority against the operator of a facility, so this has to reimburse the compensation the State or the Federal Government.
(7) on the knowledge acquired according to paragraphs 2, 3 and 6 and documents the articles 93, 97, 105 are paragraph 1, not to apply article 111 paragraph 5 in conjunction with article 105, paragraph 1, and article 116, paragraph 1, of the tax code. This does not apply as far as the financial authorities need the knowledge to perform a procedure due to a Steuerstraftat, as well as a related taxation system whose pursuit is a compelling public interest, or where it is deliberately false information of the respondents or the persons working for him.

§ 52a monitoring plans, monitoring programs for systems after the Industrieemissions directive (1) monitoring plans shall contain the following: 1 the spatial scope of the plan, 2. a general assessment of the major environmental problems in the area covered by the plan, 3. a list of the installations covered in the scope of the plan, 4. procedures for the establishment of programmes for regular monitoring, 5. procedures for monitoring from special occasion as well as 6th if necessary , Provisions for cooperation between different authorities.
The monitoring plans must be checked regularly by the competent authorities and, where appropriate, to update.
(2) on the basis of the monitoring plans, create or update the competent authorities monitoring programs, in which also the periods are specified, where preliminary site visits must take place regularly. Facilities on site must be visited in amount of time, according to a systematic appraisal of the environmental risks associated with the investment in particular against the following criteria: 1 potential and actual impact of the installation concerned on human health and the environment, taking into account the emission levels and types, the sensitivity of the local environment and the accident risk posed by the plant , 2 previous compliance with the approval requirements according to § 6 paragraph 1 No. 1 and the supporting regulations according to § 12, 3. registration of a company in a directory under articles 13 to 15 of Regulation (EC) No 1221/2009 of the European Parliament and of the Council of 25 November 2009 on the voluntary participation by organisations in a Community eco-management and environmental audit and repealing Regulation (EC) No. 761 / 2001 , as well as the decisions of the Commission 2001/681/EC and 2006/193/EC (OJ OJ L 342 of December 22, 2009, p. 1).
(3) the distance between two preliminary site visits must not exceed the following periods: 1 year with plants, the highest risk level under fall and 2 three years for equipment, the lowest risk level under fall.
The competent authority within six months after the finding of the violation was found in an audit that the operator of a plant in gross violation of approval, perform an additional preliminary site survey has.
(4) the competent authorities, without prejudice to paragraph 2 in complaints of serious impacts on the environment, for events with a significant environmental impact and infringements of the provisions of this Act or the regulations adopted under this Act to do monitoring.
(5) after each preview place a plant, the competent authority creates a report with the relevant findings about compliance with the permit requirements according to § 6 paragraph 1 No. 1 and the incidental provisions according to § 12, as well as with conclusions, whether further measures are necessary. The report is to provide the operator within two months after the first on-site inspection by the competent authority. The report is to made available to the public within four months after the preliminary site inspection under the rules on access to environmental information.

§ 52B reporting obligations to the operating organization (1) is the managing body from several members at corporations or several Managing Director available partnerships is the competent authority to indicate who performs the obligations of the operator of licensable plant of them according to the provisions of the management authority for the company which are incumbent him under this Act and the regulations adopted on the basis of this Act and general regulations. The overall responsibility of all directors or shareholder remains unaffected.
(2) the operator of licensable system or in the context of its management authority under paragraph 1 1 to display person has set to inform the competent authority ensure the way is that the serving the protection against adverse environmental impacts and other dangers, significant disadvantages and considerable harassment rules and regulations when operating complied with.

Article 53 order of pollution management officer (1) approval of operators have to order one or more company officer for immission (ambient air protection officer), if this is in regard to the kind or size of the plants due to the 1st of the plants emissions, 2. technical problems of containment or 3. suitability of products intended to cause adverse environmental impacts through air pollution, noise or vibration , is required. The Federal Ministry for environment, nature conservation and nuclear safety determines the licensable assets whose Betreiber Immissions protection officer have to order by decree with the consent of the Federal Council after consultation of interested parties (§ 51).
(2) the competent authority may order that operator of approval of systems for the ordering of immission protection officer not by regulation is prescribed, as well as non approval of operators have to appoint one or more representatives of immission protection unless in individual cases the need of order arising set of 1 aspects referred to which in paragraph 1.

Article 54 duties (1) the Immissions protection officer advises the operator and the employees in matters which can be significant for immission protection. (He is entitled and obliged, 1 in the development and introduction of a) environmentally friendly procedures, including procedures to prevent or correct and can recycling of waste generated during the operation or their disposal as waste, as well as to the use of generated heat, b) to participate in eco-friendly products, including procedures for the recovery and reuse, to work towards, 2nd in the development and introduction of environmentally friendly processes and products, particularly through assessment of the processes and products in terms of eco-friendliness , 3.
as far as this is not task of incident officer b paragraph 1 sentence 2 number 3 after section 58, to monitor compliance with the provisions of this Act and the regulations adopted on the basis of this Act and the fulfilment of granted terms and conditions, in particular through control of the facility at regular intervals, measurements of emissions and Immissions, communication identified shortcomings and proposals on measures for the Elimination of these shortcomings , 4. the employees about the adverse environmental impacts caused by the plant to enlighten as well as the facilities and measures for their prevention, taking into account the obligations arising from this Act or the regulations under this Act.
(2) the Immissions protection officer shall the operators annually a report referred to in paragraph 1 sentence 2 number of 1 to 4 measures taken and proposed measures.

§ 55 obligations of the operator (1) the operator has to appoint the Immissions protection officer in writing and to describe the duties. The operator has notified to the order of the Immissions protection officer and the name of its tasks, as well as changes in its scope and its dismissal of the competent authority. A copy of the display is the Immissions protection officer to hand over.
(1a) the operator shall inform the operating or staff Committee before ordering the Immissions protection officer under name of the responsibilities incumbent. The same applies for changes in the task pane of the Immissions protection officer and the dismissal.
(2) the operator must only order to the Immissions protection officer, who has the expertise required to carry out its tasks and reliability. Facts are known of the competent authority, from which derived, that the Immissions protection officer has not to carry out the tasks required expertise or reliability, it may require that the operator ordered an other pollution agents. The Federal Ministry for environment, nature conservation and nuclear safety is authorized after consultation of interested parties (§ 51) by decree with the consent of the Federal Council to prescribe, what requirements the expertise and reliability of immission protection officer.
(3) several Immissions protection officer be ordered, as the operator for the required coordination in carrying out the tasks, in particular through the establishment of a Committee for environmental protection, to ensure. The same applies if in addition to one or more pollution officer company officer be ordered under other statutory provisions. The operator has to provide also for the cooperation of management officer with the persons responsible in the area of occupational safety and health.
(4) the operator has the Immissions protection officer at fulfilling its role to support and it in particular, as far as this is necessary for the fulfilment of its tasks to provide support staff and rooms, facilities, equipment and resources and to participate in training.

Article 56 opinion on decisions of the operator (1) the operator has to obtain an opinion of the Immissions protection officer before deciding on the introduction of procedures and products, as well as investment decisions, if the decisions for immission protection can be significant.
(2) the opinion is to obtain in good time so that she can be taken in the decisions referred to in paragraph 1; She is to present point which decides on the introduction of procedures and products, as well as about the investment.

§ Has 57 lecture right of operators by internal organisational measures to ensure that the Immissions protection officer immediately can recite his suggestions or concerns of the Executive Board, if it could not be agreed with the competent Manager and he considers a decision of the Executive Board of the matter because of the special importance required. Can the Immissions protection officer does not agree on a measure proposed by him in the scope of his duties with the Executive Board, it has to teach the Immissions protection officer fully of the reasons for their rejection.

Section 58 Prohibition of discrimination, employment protection (1) the Immissions protection officer must not be disadvantaged due to the fulfilment of the tasks assigned to him.
(2) the Immissions protection officer is employees of the operator for the order, the termination of employment is not permitted, unless that evidence of facts, which entitle the owner to terminate the contract for good cause without observing a notice period. After the dismissal as a pollution prevention officer termination is ordering the termination within one year from the time calculated, inadmissible, unless that evidence of facts, which entitle the owner to terminate the contract for good cause without observing a notice period.

section 58a order an incident Officer (1) approval of operators have to order one or more incident officer, unless this is required in terms of the type and size of the plant due to the occurring in a disturbance of the operation as directed dangers for the general public and the neighborhood. The Federal Government determines the licensable assets whose Betreiber incident officers have to order by decree with the consent of the Federal Council after consultation of interested parties (§ 51).
(2) the competent authority may order that operator of approval of systems for the ordering of incident officer not by regulation is prescribed, have to appoint one or more officers of the incident, as far as the necessity of the order is composed in individual cases which results in paragraph 1 sentence 1 called point of view.

§ 58b tasks of the incident officers (1) the incident officer advises the operator in matters that may be relevant for the safety of the plant. He is entitled and obliged, 1 on the improvement of the safety of the plant to work, 2. operator to inform without delay him known errors of the operation as directed, which can lead the dangers for the general public and the neighborhood, the compliance with the provisions of this Act and the regulations adopted on the basis of this Act and compliance issued terms and conditions with regard to the prevention of disorders of the intended operation of the system to monitor 3. , in particular through control of the facility on a regular basis, communication identified shortcomings and suggestions to eliminate these shortcomings, 4 deficiencies affecting the prevention and preventive fire protection as well as the technical assistance, the operator reported immediately to.
(2) the Commissioner of the incident the operator shall annually a report referred to in paragraph 1 sentence 2 number of 1 to 3 taken and proposed measures. In addition, he is required, the measures taken by him to carry out the tasks referred to in paragraph 1 sentence 2 number 2 in writing to record. He must keep these records at least five years.

Obligations and rights of the operator to the incident officers (1) the obligations of the operator referred to in the paragraphs 55 and 57 shall apply section 58 c compared to the incident officer; in legal regulations according to § 55 paragraph 2 sentence 3 can be controlled also, what requirements the expertise and reliability of the incident officer.
(2) the operator has to overtake an opinion of the incident officers against investment decisions as well as the planning of operating systems and the introduction of working methods and substances, when these decisions for the safety of the plant can be significant. The opinion is to obtain in good time so that she can appropriately be considered in decisions pursuant to sentence 1. She is to present point, who makes the decisions.
(3) the operator can transfer the incident officer for the elimination and the limitation of the effects of errors of the operation as directed, which can lead to hazards for the public and the neighborhood or have already done, decision-making powers.

section 58 d prohibition of Discrimination Ombudsman of incident, dismissal section 58 applies to the incident Officer accordingly.

section 58e facilitation for audited corporate offices (1) the Federal Government is authorized to provide exemptions to the content of the application documents in the permitting procedure and monitoring legal relief for the promotion of private ownership for EMAS sites by decree with the consent of the Federal Council to the extent the relevant requirements of Regulation (EC) No. 1221/2009 equivalent to the requirements which are intended for monitoring and to request documents under this Act or the regulations adopted on the basis of this Act or unless equivalency by the regulations under this provision will be ensured.
(2) by a regulation pursuant to paragraph 1 further requirements for the use and the withdrawal of concessions or the total or partial suspension of concessions for cases can be set, in which the conditions no longer exist for granting.
(3) by a regulation pursuant to paragraph 1 regulatory relief can be granted, if the environmental verifier or the environmental expert organisation examined the compliance with the environmental regulations, has found no deviations and confirms this in the validation. This in particular relief can be provided to 1 calibrations, investigations, tests and measurements, 2. measuring reports as well as other reports and releases findings, 3. tasks of the pollution and accident officer, 4. reporting obligations to the operating organization and 5. the frequency of regulatory monitoring.

Section 59 authorized competence in systems of national defence which is Federal Government by decree with the consent of the Federal Council to determine that the enforcement of this Act and the regulations based on this law in all systems that serve the national defense, rests with federal authorities.

Section 60 exceptions for systems for national defense (1) the Ministry of defence can be used for facilities according to § 3 paragraph 5 number 1 and 3, which serve the national defense, in individual cases, also for certain kinds of plants, by this Act and the regulations based on this Act allow exceptions, unless compelling reasons of defence or international commitments require it. The protection against adverse environmental impacts should be noted.
(2) the Bundeswehr may 2, which are intended exclusively for use in their area, their design after number in vary equipment according to § 3 paragraph 5 from the provisions of this Act and the regulations based on this law, insofar as this is absolutely necessary to carry out their specific tasks. The troops stationed on the basis of international agreements in the Federal Republic of Germany may deviate number 2, intended for use in their area, at facilities according to § 3 paragraph 5 from the provisions of this Act and the regulations based on this law insofar as this is absolutely necessary to the fulfilment of their particular tasks.

§ 61 reporting to the European Commission that countries submit the Federal Ministry for environment, nature conservation and nuclear safety according to the information on the implementation of Directive 2010/75/EC, in particular about representative data on emissions and other types of pollution, on emission limit values and to what extent the State of the art is applied. The countries provide this information electronically. Nature and form of the information to be submitted by the countries and the timing of their transmission depend on the requirements imposed on the basis of article 72 (2) of Directive 75/2010/EU. Section 5, paragraph 1, sentence 2, paragraph 2 to 6 of the Act to the execution of the Protocol on pollutant release and transfer register by May 21, 2003, as well as for the implementation of Regulation (EC) No. 166 / 2006 shall apply mutatis mutandis.

Article 62 any person are offences (1), who built intentionally or negligently 1 a plant without the approval pursuant to article 4, paragraph 1, 2. a regulation adopted on the basis of § 7 or enforceable order issued on the basis of such legal regulation is, as far as the legal regulation for a specific offence on this fine provision refers, 3. an executable Edition according to section 8a, paragraph 2, sentence 2 or article 12 paragraph 1 not , incorrectly, incompletely or not timely met, 4. substantially modifies the location, quality, or operation of a licensable complex without permission according to § 16 para 1, 5. an enforceable order pursuant to section 17, paragraph 1, sentence 1 or 2, also in connection with paragraph 5, section 24, sentence 1, § 26, § 28, sentence 1 or § 29 not, incorrectly, incompletely or not in time fulfil , 6 a system contrary to an enforceable prohibition according to § 25 paragraph 1 operates 7 one on the basis of § § 23, 32, 33 paragraph 1 number 1 or 2, 1a or 3 adopted Ordinance or an enforceable order issued on the basis of such a decree is contrary to sections 34, 35, 37, 38 paragraph 2, section 39 or section 48a, paragraph 1, sentence 1 or 2, paragraph, as far as the legal regulation for a specific offence on this fine provision refers , 7a.
contrary to article 38, paragraph 1, sentence 2 motor vehicles and their trailers which are approved, not that operates rail, air and water vehicles and floats and floating facilities, not to the traffic on public roads that prevents spurious emissions and unavoidable emissions to a minimum can be limited or 8 contrary to a decree to § 49 paragraph 1 number 2 or an enforceable order issued on the basis of such legal regulation established a fixed installation , as far as the legal regulation for a specific offence refers to this fine provision, contrary to § 9 set 1-3 of the competent authority the information there referred not, incorrectly, incompletely or not timely communicated 37 c paragraph 1 or not or not timely submit a copy of the contract with the third party, 10 contrary to § 37 c paragraph 1 sentence 4, also in connection with sentence 5 , or set 6 incorrectly divides with the information there referred the competent body, 11 contrary to section 37f paragraph 1 sentence 1, also in conjunction with a legal regulation according to article 37d, paragraph 2, sentence 1 number 14, the competent authority not, incorrectly, incompletely or not timely submit a report.
(2) any person is also, who intentionally or negligently a display not, incorrectly, incompletely or not in time makes 1 contrary to article 15, paragraph 1 or 3, 1a.
makes a change contrary to section 15, paragraph 2, sentence 2, 2. contrary to article 27 paragraph 1 sentence 1 in conjunction with an Ordinance pursuant to paragraph 4 an emission Declaration not, incorrectly, incompletely or not in time gives sentence 1 or not, incorrectly, incompletely or not timely completed 3. contrary to article 31, paragraph 1, sentence 1, there called summary or there called data not , incorrectly, incompletely or not timely submit, 3a.
contrary to article 31, paragraph 5, sentence 1 a message not incorrectly, incompletely or not in time makes, 4. contrary to article 52, paragraph 2, sentence 1, 3, or 4, also in connection with paragraph 3 sentence 1 or paragraph 6 not, incorrectly, incompletely or not timely information set 1, a measure does not condone, not submit documents, not involving responsible persons or contravenes an obligation there otherwise mentioned , 5. contrary to article 52, paragraph 3, sentence 2, the taking of samples is not allowed, 6. According to article 67, paragraph 2, sentence 1 not, incorrectly, incompletely or not timely filed a charges or not, incorrectly, incompletely or not timely submit 7 contrary to section 67, paragraph 2, sentence 2 documents.
(Is (3) any person who intentionally or negligently 1 a directly applicable provision in the European Union acts is contrary to, the content a) in paragraph 1 No. 1, 3, 4, 5, 6, 7 a, 9 or number 10 or b) a in paragraph 2 bid referred to or ban would equal a Decree pursuant to sentence 2 for a certain offence refers to this penalty provision , or 2. a directly applicable provision in the European Union acts is contrary to, which in terms of content a regime corresponds to which in paragraph 1 number 2, authorize 7 or number 8 such legislation, insofar as a legal regulation pursuant to sentence 2 for a certain offence refers to this fine provision.
The Federal Ministry for environment, nature conservation and nuclear safety is authorized, as far as this is necessary for the enforcement of the legal acts of the European Union to identify the facts that can be prosecuted as a misdemeanor by decree with the consent of the Federal Council.
(4) the offence can number 1 letter a and number 2 with a fine in the cases of paragraphs 1 and 3 up to fifty thousand euro and in other cases a fine punishable up to ten thousand euros.
(5) administrative authority within the meaning of article 36, paragraph 1 No. 1 of the code of administrative offences is number 9 to 11 in the cases of paragraph 1 the competent authority.

sections 63 to 65 (dropped out) eighth part final provisions § 66 continuity provisions (1) (dropped out) (2) until the entry into force of relevant legal regulations or general administrative provisions under this Act is the General administrative provision to guard against construction noise - noise emissions - by August 19, 1970 (supplement to the BAnz. No. 160 of 1 September 1970) prevail.

Section 67 transitional provisions (1) a permission that has been granted the trade regulations before the entry into force of this act according to article 16 or article 25, paragraph 1, is considered approval under this Act continued.
(2) requiring a permit system that upon entry into force of regulation according to § 4, paragraph 1, sentence 3 is built or significantly modified, or with their establishment or substantially change has begun, must appear within a period of three months after the entry into force of the regulation the competent authority provided that the conditioning not according to article 16, paragraph 1 or article 25, paragraph 1 of the trade regulations was in need of approval or according to § 16 para 4 of the GewO is been displayed. Documentation referred to in article 10 paragraph 1 of type, location, size and mode of operation of the plant at the time of the entry into force of the regulation according to article 4, paragraph 1, sentence 3 shall be provided the competent authority within a period of two months after reimbursement of the display.
(3) the notification obligation referred to in paragraph 2 does not apply to mobile systems, which can be approved under the simplified procedure (article 19).
(4) already has begun procedures to finish according to the provisions of this Act and the laws based on this law and regulations.
(5) insofar as prescribed by the law on the implementation of the directive on industrial emissions by 8 April 2013 (Federal Law Gazette I p. 734) new requirements have been laid down, are to meet these requirements of plants according to the Industrieemissions directive, if before 7 January 2013 1 the system was in operation until January 7, 2014, or 2. a permit for the facility was granted or a complete permit application has been provided by the project proponents.
Pursuant to sentence 1, not integrated existing plants prevention and reduction of environmental pollution (OJ of annex I of to Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 on the L 24 of the 29.1.2008, p. 8), by the directive 2009/31/EC (OJ L 140 of the 5.6.2009, p. 114) is changed, were captured, have to meet the stated requirements 7 July 2015 notwithstanding sentence 1.
(6) a under this Act granted approval for a system to deal with 1 2 micro-organisms genetically modified genetically modified cell cultures, as far as she do not have to be regenerated plants, 3. where components or metabolites of microorganisms by number 1 or cell cultures after number 2, insofar as they contain biologically active, recombinant nucleic acid, excluding equipment used for research purposes only, even after the entry into force of a law regulating the issues of genetic engineering continues. Paragraph 4 shall apply mutatis mutandis.
(7) a zoning or permit under the waste Act is considered approval under this Act continues. A plant that was displayed under the waste Act, is shown as under this Act. Waste disposal facilities, which neither have been pursuant to the waste Act festgestellt plan or approved yet displayed, are notified to the competent authority. Paragraph 2 sentence 2 shall apply accordingly.
(8) for the to be down for the year 1996 emission declarations, section 27 as amended on 14 October 1996 is further apply.
(9) building permits for wind turbines with a total height of more than 50 meters, until it had been issued as at 1 July 2005, considered permits under this Act. According to this law granted permits for wind farms are considered permits for the individual wind turbines. Procedures for construction approval for wind turbines, which have become sub judice before July 1, 2005, be completed according to the requirements of the Ordinance on installations requiring a permit and Appendix 1 of the law on environmental impact assessment in the previous version; Rate applies for the building permits granted in this context 1 according to. If a procedure is changed pursuant to sentence 3 in a lawsuit for a permit under this Act, this change is considered to be relevant.
(10) paragraph 5a section 47 applies to the procedures for the installation or modification of air plans after section 47, which are initiated after the 25 June 2005.
(11) for fuel, which applied until 31 December 2014 in traffic, the articles 37a apply to 37f in force on 31 December 2014. The further treatment of bio fuel quantities, 2014 exceeding the minimum amount for the calendar year and their crediting to the commitment year 2015 by the debtor was sought is determined solely by the regulations on January 1, 2015.

section 67a transfer control on the occasion of the unification of Germany (1) in the area referred to in article 3 of the Unification Treaty must appear within six months from that date to the competent authority a requiring a permit system that has been built before July 1, 1990 or was started with its establishment before that date. Records of type to add size and mode of operation are displayed.
(2) in the area referred to in article 3 of the Unification Treaty the issuing of a permit to establish and to operate, or the substantial change of the location, nature or the operation a licensable for the exceeding of immission value through the immission preload must not be denied, if 1 the additional load is negligible and is to be expected with a significant reduction of Immissions load in the sphere of influence of the installation period of five years from approval or 2. in connection with the projects shut down plants or be improved and thus a reduction of the preload is caused, which is at least twice as much in annual average as the additional load caused by the new system.
(3) as far as the technical guide to clean of air by February 27, 1986 (GMBl. P. 95, 202) foresees the implementation of measures for the rehabilitation of existing plants until a certain date, this resulting deadlines extended for the area referred to in article 3 of the Unification Treaty to a year; of 1 July 1990 applies as the beginning of the period.

articles 68 to 72 (change of legislation, transfer of references, repeal of provisions) (change of legislation, transfer of references, repeal of regulations) § 73 provisions to the administrative procedures of the rules and regulations of the administrative procedure under this Act and on the basis of this Act shall may not be derogated from by law of the land.

Annex (to art. 3 par. 6) criteria to determine the State of the art (reference: BGBl. I 2013, 1311) in determining the State of the art are taking into account the proportionality between costs and benefits of possible measures and the principle of precaution and prevention, calculated based on equipment of a certain kind, to consider in particular the following criteria: 1 use of low-waste technology, 2 use of less hazardous substances , 3. to promote the recovery and recycling of the substances generated in the individual procedures and used and, where appropriate, of the waste, 4. comparable processes, facilities or methods of operation that tested with success in the operation were, 5. advances in technology and scientific knowledge, 6 species, effects and respective emissions, 7 times of the commissioning of the new or the existing plants, 8 for the introduction of a better available technique time required , 9 consumption of raw materials and type of raw materials (including water) used in the individual procedures, as well as energy efficiency, 10 need, as far as possible to avoid the total impact of emissions and the risks to people and the environment, or to reduce, 11 need to prevent accidents and mitigate their consequences for man and the environment, 12 information that are published by international organizations , 13 information contained in bat.