On the basis of the responsible party principle anchored in federal pollution protection law, the individual emitting facility is the focus of measures for air pollution control, the most significant element of which is the pollution permitting process.

In relation to the permissible level of pollution in the area affected by a facility seeking a permit, the "Technical Guideline for Air Pollution Control" (the first general administrative specification under federal pollution control law, also known as "TA Luft") makes concrete requirements for consideration of the surrounding area, but from an urban development perspective does not distinguish between levels of required protection for areas affected by pollutant immissions. In contrast to noise protection practices, the immission (threshold) values in TA Luft are thus equally valid for all types of construction sites in accordance with § 1 (2) BauNVO.

The compatibility of an emitting facility with its surrounding area results solely from the validity of the permitting process under building law, in accordance with the Federal Building Use Ordinance (BauNVO) and the corresponding regulations of the site plan.

An area’s level of justified protection is measured by what is allowable in that area under planning law. To that extent, the existing classification of types of construction sites in §§ 2 to 10 of the BauNVO also contain a progressive ranking of immissions controls corresponding to the respective land use of a site. This relates to the sensitivity of the allowable land uses to both emissions and immissions.

According to § 15 (3) BauNVO, the permissibility of facilities in construction sites should be evaluated on more than just the process guidelines of the Federal Pollution Control Law (BImSchG) and the ordinances developed from it. Rather, it is noted that facilities requiring a permit under pollution control law can also be located outside of industrial areas, depending on the individual case. The typical view assumes that § 4 of the BImSchG allows permit-requiring facilities (typically manufacturing or other productive enterprises) without restriction only in industrial areas, whereas commercial areas and mixed-use areas are to be reserved for facilities not requiring permits.

Of particular note is the option foreseen under § 1 (4) BauNVO of dividing a construction site according to the types of permissible uses as well as the type of enterprises and facilities and their particular requirements and characteristics. This option of division can be employed to prevent the locating of air-polluting enterprises in special locations (e.g. in air exchange corridors or transient areas to other uses important for the urban climate), even in an industrial area. This corresponds to recognized principles of urban planning that fundamentally forbid the creation of new problem situations in the planning of new development.

The protection of a construction site is given by the actual planning law. So §§ 2 till 10 BauNVO with the different kinds of construction sites defines also the hierarchy to protect against pollutants.   

Immissions Climatology

In permitting processes for larger emitting facilities as well as in connection with prescribed accident analyses, immissions prognoses obtained by means of dispersal calculations or experimental simulations are highly important (cf. Chapter 4).