Air pollutant emissions affect air quality, can form acids in the environment or drive excessive nutrient enrichment (eutrophication) in ecosystems. They can also impact human health. The operators of some installations relevant under immission control law are therefore obliged to submit an emission declaration and/or annual reports on emissions to the competent authority.
According to Art. 2 of the Bavarian Immission Control Act (BayImSchG) and § 1 of the Ordinance on the Bavarian State Office for the Environment (LfUV), the competent authority is the Bavarian State Office for the Environment (LfU). Further information can be found on the LfU website (see "Further links").
Operators subject to reporting requirements can submit their data directly online via the application "Betriebliche Umweltdatenberichterstattung" (BUBE) (see under "Online procedure"). BUBE is a cooperation of the federal states and the federal government under the Administrative Agreement on the Establishment and Operation of Environmental Information Systems (VKoopUIS).
The following is an overview of important reporting requirements in this regard.
Emission declaration according to the 11th BImSchV
According to § 27 of the Federal Immission Control Act (BImSchG), the operators of some plants requiring a permit are obliged to submit an emission declaration on the emissions emitted by these plants. Plants requiring a permit can be viewed in the 4th BImSchV. Only operators of plants listed in § 1 of the 11th BImSchV are not required to make a declaration.
- Operators of installations requiring a permit who have operated their installations during the declaration period are obliged to submit an emissions declaration (§ 4 Para. 3 of the 11th BImSchV).
- If the installation is commissioned, shut down or temporarily not operated during the declaration period, the declaration period shall include the parts of the calendar year in which the installation was operated.
- The operator of an installation requiring a permit may apply to the competent authority to be exempted from the obligation to submit an emissions declaration if, in the individual case, air pollution may emanate from his installation only to a minor extent (Section 6 of the 11th BImSchV).
Pursuant to Section 27 (1) of the BImSchG, the emission declaration shall contain information on the type, quantity and spatial and temporal distribution of the air pollutants. The concrete contents of the emission declaration are specified in the appendix of the 11th BImSchV.
The emission declaration must be submitted to the competent authority in electronic form every 4 years (by 31.05 of the year following the declaration year).
Annual reports on emissions according to the 13th and 17th BImSchV
Operators of installations pursuant to the 13th or 17th BImSchV shall annually report to the competent authority pursuant to § 22 of these ordinances by the end of April 30 of the following year, among other things
- the installed rated thermal input,
- the type of combustion plant,
- the date of commencement of operation and the date of the last significant change,
- the total annual emissions of sulfur oxides, nitrogen oxides and dust
- the number of operating hours and
- the total energy input
to be reported.
Annual PRTR reports on emissions pursuant to § 3 of the SchadRegProtAG.
The Pollutant Release and Transfer Register PRTR is based on the European Regulation (EC) No. 166/2006 (PRTR Regulation) and informs the public online about the release of pollutants into air, water and soil, the transfer of waste quantities and of pollutants in wastewater due to industrial activities.
Pursuant to § 3 para. 2 SchadRegProtAG, operators of certain facilities are obliged to report the above-mentioned contents to the competent authority - in Bavaria, the LfU - annually by the end of April 30 of the following year.
Details about this special legal reporting obligation can be found on the website of the LfU below.