New draft reduces bureaucracy and promotes environmental protection
19.07.2024
The German government wants to speed up approvals for electrolysers for hydrogen production, PV systems and onshore wind power with legal amendments.
On July 24, the Federal Cabinet adopted the amending ordinance to adapt the Fourth Federal Immission Control Ordinance (4th BImSchV). The Federal Government is thus creating the conditions for quicker and simpler approvals of electrolysers for hydrogen production without compromising the level of protection for the environment. This corresponds to the amendment to the European Industrial Emissions Directive (IED), which will come into force on August 4, 2024.
At the same time, a draft law was passed to implement the EU's Renewable Energy Directive RED III. It provides for acceleration areas and shortened approval times in the areas of onshore wind energy and solar energy as well as for energy storage facilities at the same location. The draft was presented jointly by the Federal Ministry for Economic Affairs and Energy (BMWK), the Federal Ministry for the Environment (BMUV) and the Federal Ministry of Construction (BMWSB). The acceleration areas are to be designated in the Building Code and Spatial Planning Act.
Jan-Niclas Gesenhues, Parliamentary State Secretary at the BMUV: "With today's decision, we are facilitating the approval of electrolysers for hydrogen production and are thus adapting our regulations for hydrogen acceleration at the earliest possible stage, even before the European directive comes into force." This would shorten the approval process for companies and significantly reduce the bureaucratic burden. "This is an important contribution to the further expansion of the hydrogen infrastructure and the transformation of the economy," says Gesenhues.
The amendment stipulates, for example, that in future the production of hydrogen by electrolysis will only be subject to an approval procedure prescribed by European law if the hydrogen production capacity exceeds 50 tons per day. A simplified procedure is possible for smaller plants. Until now, approval under European law was required for all electrolysers on an industrial scale. For electrolysers with a nominal electrical output of less than 5 MW, the approval requirement under immission control law is to be waived.
With the amending ordinance, the BMUV is paving the way for accelerating the ramp-up of the hydrogen infrastructure and making an important contribution to environmental protection, immission control and the transformation of the economy. The amending ordinance is closely linked to the draft Hydrogen Acceleration Act recently passed by the Federal Cabinet and the implementation of the National Hydrogen Strategy. It still requires the approval of the Bundesrat.
Author: Susanne Harmsen
Source: Energy & Management Powernews