Responsibilities in the field of air pollution control are set out in the Air Pollution Control Responsibilities Ordinance of the State of Baden-Württemberg.
In most cases, the competent authority is the locally responsible lower air pollution control authority:
- the district office, if the site on which the installation is located is within a district,
- the city council, if the site on which the installation is located is within a city district.
A different allocation of responsibilities applies in the following cases (including, amongst others, establishments subject to the European Industrial Emissions Directive, the Major Accidents Ordinance or mining law):
Departments 5 – Environment of the relevant regional councils are the competent air pollution control authorities for premises on which:
- at least one installation, marked with the letter E in column d of Annex 1 to the Ordinance on Installations Requiring Authorisation,
- at least one operational area as defined in Section 3(5a) of the Federal Immission Control Act (major accident site),
- at least one installation requiring authorisation under Section 60(3), first sentence, point 2 or point 3 of the Water Resources Act, or
- at least one landfill site in accordance with Article 10 in conjunction with Annex I to Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (Integrated Pollution Prevention and Control), as amended
exists or is to be constructed.
Department 9 – State Office for Geology, Raw Materials and Mining of the Freiburg Regional Council is also the competent state-wide air pollution control authority for:
- operating sites, including the installations and activities located thereon, which are subject to mining supervision,
- premises with cable cars and funicular railways used for passenger transport,
- premises with high-pressure gas pipelines which, as energy installations within the meaning of the Energy Industry Act, serve to supply gas and are designed for a maximum permissible operating pressure of more than 16 bar,
- facilities for underground waste disposal; and
- Premises with installations used for the creation, substantial extension or substantial alteration of underground cavities.