Emission Control Officer

The emission control officer (Immissionsschutzbeauftragter) is the statutory function under § 53 BImSchG (Federal Immission Control Act) for internal supervision of air, noise and vibration emissions at permit-required installations. The duty is specified by the Fifth Ordinance implementing the BImSchG (5. BImSchV) of 30 July 1993, last amended 2017. Appointment is triggered by operating an installation listed in Annex 1 of the 5. BImSchV. Typical examples include large combustion plants from 50 MW thermal input under column 1 of the 4. BImSchV, chemical installations under section 4 of the Annex to the 4. BImSchV, waste incineration and co-incineration plants under the 17. BImSchV, iron and steel mills, cement, lime and glass works, refineries and large livestock installations.

The officer advises management on permit procedures under § 4 BImSchG, reviews change notifications under § 15 BImSchG and substantial modifications under § 16 BImSchG, monitors compliance with ancillary conditions of the permit including stack height calculation and odour immissions under GIRL, maintains the emission register, validates the quadrennial emission declaration under the 11. BImSchV (next reporting year 2026 with filing by 31 May 2027) and prepares the annual report under § 58b BImSchG. The officer also supports implementation of BAT conclusions under the Industrial Emissions Directive and verifies continuous emission measurements against TA Luft 2021, TA Lärm and the sector annexes of the 13., 17. and 30. BImSchV.

The officer is functionally independent under § 58 BImSchG and enjoys extended dismissal protection. Removal is only possible for good cause and with authority approval. Breach of the appointment duty is an administrative offence under § 62 paragraph 1 number 6 BImSchG with fines up to 50,000 EUR per case; in addition § 325 StGB imposes prison sentences up to five years where significant air pollution results. Qualifications follow § 7 of the 5. BImSchV: relevant academic degree in engineering or natural sciences, at least two years of practical experience and an accredited 80-hour training course, with refresher training every two years under § 9 of the 5. BImSchV.

Appointment duty arises from § 53 paragraph 1 BImSchG in conjunction with Annex 1 of the 5. BImSchV. As soon as an operator commissions a listed installation, a written appointment must be made within one month and notified to the competent authority. Headcount, turnover and legal form are irrelevant; only the installation category matters. Examples include combustion plants from 50 MW (number 1.1 of column 1 of the 4. BImSchV), ceramic kilns above 75 t/day, plants producing organic basic chemicals (number 4.1), waste incineration above 10 t/day for non-hazardous and 50 kg/h for hazardous waste under the 17. BImSchV, cement mills, glass furnaces above 20 t/day melting capacity and IED installations under Annex I of Directive 2010/75/EU.

A joint appointment for several installations at the same site is permitted under § 53 paragraph 2 BImSchG provided proper performance is ensured. § 55 paragraph 2 BImSchG expressly allows external officers; in practice this is standard for multi-site corporates and mid-sized industry, with hourly rates of 130 to 250 EUR. The authority can order an appointment in individual cases where complexity or pollution history justifies it. The appointment must be in writing with a specific task catalogue and must respect the qualification requirements of § 7 of the 5. BImSchV. Name, qualification and scope are notified to the authority; removal is only effective for good cause and with authority approval. A successor appointment must be notified within one month.