Industrial Emissions; Plant Monitoring

EU Directive 2010/75 on Industrial Emissions (IE Directive), recently amended by EU Directive 2024/1785, is a key component of European environmental protection and was transposed into national law in 2013.

Its objective is to prevent, reduce, and, as far as possible, eliminate environmental pollution of the air, water, and soil. This is achieved by closely monitoring (industrial) facilities covered by this directive (so-called IE facilities) and publishing the results of these on-site inspections. In addition, a permit is required to operate any IE facility.

The IE Directive covers:

• Industrial facilities marked with an “E” in Annex 1 of the 4th BImSchV, such as refineries, chemical plants, and many power plants.
• Stand-alone wastewater treatment plants that are authorized in Germany pursuant to Section 60(3), Sentence 1, No. 2 of the WHG,
• Landfills that fall under No. 5.4 of Annex 1 of the IE Directive.

To support the cross-media, integrated protection approach of the IE Directive, IE facilities are brought into compliance with a uniform technical standard, known as “best available techniques” (BAT). In addition, the IPD contains detailed requirements for facility monitoring, reporting, and related disclosure obligations. These measures are also intended to create a level playing field within the EU.

To ensure the systematic and transparent monitoring of IE facilities, monitoring plans are established for each administrative district. These apply to all IE facilities and are published on the websites of the seven state governments. Based on these monitoring plans, the locally competent monitoring authority develops a monitoring program for the IE facilities, which is published on the website of the respective monitoring authority. Please also refer to the related links at the bottom of this page.

The competent monitoring authority(ies) for

• E-facilities are the regional governments, the Bavarian State Office for the Environment, the district administrative authorities, or the mining authorities;
• independent wastewater treatment plants: the district administrative authorities,
• landfills during the disposal and decommissioning phases: the Bavarian State Office for the Environment.

The locally competent supervisory authorities determine the monitoring frequency for on-site inspections for each individual IE facility within their jurisdiction by conducting a risk assessment. Factors taken into account include the size, complexity, and operating duration of the facility, as well as the substances used therein or any noise pollution. Routine inspections take place every one to three years; they may occur more frequently if there is a specific reason to do so.

After each on-site inspection of an IE facility, the competent supervisory authority prepares a supervisory report containing the relevant findings regarding compliance with the permit requirements. The monitoring report is published on the website of the respective competent supervisory authority within four months of the on-site inspection. Likewise, all decisions regarding IE facilities issued after January 2013 can be found on the website of the permitting authority.

Permit Decisions for IE Installations

The approval notices, as well as the designation of the BAT reference document applicable to the installation under the Industrial Emissions Directive (IE Directive), must be published on the Internet (Section 10(8a), first sentence, of the Federal Immission Control Act (BImSchG)). This applies to permits issued on or after January 7, 2013, but not to permits issued prior to that date.

For the facility “Hans Meyer Entsorgungs GmbH,” located at Willy-Grasser-Straße 16 (facility for the temporary storage of hazardous waste), the BAT guidance document for waste treatment facilities is Commission Implementing Decision (EU) 2018/1147 of the Commission of August 10, 2018, on conclusions regarding best available techniques (BAT) pursuant to Directive 2010/75/EU of the European Parliament and of the Council for waste treatment) applies.

No BAT guidance document is currently available for the “Erlanger Schlachthof GmbH” facility, located at Dechsendorfer Straße 11 (animal slaughter facility).

The permit decisions for IE facilities within the city limits of Erlangen, issued since January 7, 2013, will soon be available for viewing under “Forms.”

Monitoring Reports for IE Facilities

Pursuant to Section 52a of the Federal Immission Control Act (BImSchG), facilities subject to the Industrial Emissions Directive (IE facilities) must be monitored at regular intervals through on-site inspections. The monitoring authority must prepare a report on each on-site inspection. The report must be made available to the public within four months of the on-site inspection, in accordance with the regulations governing access to environmental information.

The Industrial Emissions Directive (IE Directive) applies to installations that are particularly likely to cause harmful environmental impacts. It establishes regulations for the prevention and, where prevention is not possible, the reduction of emissions into the air, water, and soil, as well as for waste prevention, in order to achieve a high level of protection for the environment as a whole.

There are two IE facilities within the jurisdiction of the City of Erlangen. The monitoring reports will soon be available under “Related Links.”