2026 as the practical impact of the air protection amendment
The amendment to the Air Protection Act No. 42/2025 Coll. entered into force already in 2025, but many practical impacts are felt precisely in 2026. The Ministry of the Environment is therefore gradually publishing updated positions, methodologies, and notices intended to unify interpretation for regional authorities, operators, authors of expert opinions, persons authorised to carry out emission measurement, and designers.
It is not just one change. 2026 is rather a period when new obligations, transitional provisions, and updated interpretations begin to come together in practice. For some operations, it will be only a check of the permit and records. For others, a change of operating permit, supplement to operating rules, expert opinion, dispersion study, or adjustment of the way emission measurement is notified may be necessary.
Operators should not see 2026 only as a routine administrative update. For some sources, the way operation is documented, how measurement is reported, how operating hours are counted, and how sources that were previously outside Annex No. 2 to the Act are assessed is changing.
Overview of main changes and practical topics
For quick orientation, the changes can be divided into several areas. Not all apply to every operator, but for industrial and energy sources it is advisable to verify at least the basic impact.
| Area | What is practically addressed in 2026 |
|---|---|
| operating permit | checking consistency of older permits with the amended Act |
| operating parameter | when the obligation to monitor and record an operating parameter arises |
| ISPOP | transition of notification of dates and data from one-off emission measurement |
| code 12.1 | handling of bulk materials and open storage sites from 3,000 m² |
| backup sources | interpretation of the term backup energy source and operating hours |
| NOx from gaseous fuels | updated interpretation of the exemption for selected combustion sources |
| fees | updated position on Section 15 of the Act and fee calculation |
| emission factors | new notice on emission factors for emission calculation |
| capacity aggregation | methodology for aggregating technological source capacities |
The practical significance is simple: for each listed source it is advisable to verify whether the operating permit, operating rules, operating records, emission measurement, and notification materials comply with the current interpretation.
Operating permit: older decisions may no longer suffice unchanged
One of the main topics of 2026 is checking existing operating permits. The amendment changed content requirements and, for some sources, there is a need to bring the permit into line with the new regulation.
That does not mean every permit is automatically invalid. It does mean, however, that the operator should verify whether the decision contains all newly required particulars and whether it matches the actual state of the source.
It is typically advisable to check:
- correct classification of the source under Annex No. 2 to the Act,
- permitted capacity, output, or input,
- emission limits and technical operating conditions,
- requirements for emission measurement,
- operating rules,
- obligation to monitor and record an operating parameter,
- exhausts, filters, and separation equipment,
- operating records and notification obligations.
For sources whose permit does not meet the new content requirements, transitional deadlines must be watched. For many situations, the deadline of 1 March 2027 applies for submitting an application to change the operating permit. For newly listed sources that were previously unlisted and now fall under Annex No. 2, the deadline of 1 March 2026 may already be decisive.
Operating parameter: a new obligation, but not automatically for everyone
One of the most important topics is the obligation to continuously monitor and record an operating parameter for selected sources equipped with emission reduction technologies. This may typically involve monitoring filter pressure drop, temperature in an afterburner unit, or another parameter demonstrating correct function of emission reduction equipment.
It is important that this obligation does not arise automatically for every source. According to the Ministry of the Environment position, the conditions set out in Decree No. 415/2012 Coll. must be met and the obligation must be established in the operating permit.
| Question | Practical significance |
|---|---|
| Is the source listed in the relevant part of Annex No. 19 to the Decree? | if not, the obligation does not apply |
| Does the source have emission reduction technology listed in the Decree? | for example a filter, separator, or afterburner |
| Is the relevant pollutant measured regularly? | the obligation is linked to determination of pollution level |
| Is the obligation stated in the operating permit? | without incorporation in the permit, no practically enforceable obligation arises |
| Is a specific parameter and its limit values defined? | it must be clear what is monitored and when there is a fault or need for maintenance |
Practically important: it is not enough to write generally in the operating rules that the filter will be "monitored". It must be specified what parameter is monitored, where it is measured, how often it is recorded, what values indicate a fault, and how the operator proceeds in case of deviation.
ISPOP and one-off emission measurement
From 2026, a significant change is the transition of notification of dates and data from one-off emission measurement to ISPOP. The Ministry of the Environment published a notice for operators and authorised persons addressing possible situations in the transition from the previous regime of electronic notification to CEI to the new regime via ISPOP.
What matters is that this is not just a technical change of form. The operator must correctly address who reports the measurement, what data are transmitted, how to proceed during system downtime, and how measurement results are documented.
The Ministry of the Environment also set a transitional period during which, from 1 January 2026, notification of measurement dates and submission of protocols electronically to CEI is accepted until 24 May 2026. After this transitional period, full operation of the new notification method via ISPOP should be expected.
Code 12.1: handling bulk materials and storage sites
A very practical change is the new or newly interpreted code 12.1 of Annex No. 2 to the Air Protection Act. It applies to handling of bulk materials including their storage on open areas, where the activity is not listed elsewhere and the total design area of storage sites reaches 3,000 m² or more. Construction sites are expressly excluded from this regime.
This topic is important especially for operations where bulk materials are stored or handled: aggregate, coal, slag, ash, crushed asphalt, construction rubble, soils, wood chips, sawdust, or other dusty materials.
| Situation | Practical impact |
|---|---|
| active open bulk material storage site over 3,000 m² | may fall under code 12.1 |
| area for piece goods only | generally does not fall under code 12.1 |
| material in closed containers or bags | generally does not apply as open storage |
| construction site | excluded from code 12.1 |
| activity already classified under another code | code 12.1 applies only to activities not listed elsewhere |
| newly listed source | obligation to submit an application for operating permit may arise |
For code 12.1, what matters is whether the area is actively intended for handling and storage of bulk material. It is not only the current pile size on the day of inspection that decides, but the design area intended for this activity.
Expert opinion and dispersion study for newly listed sources
For sources that must be newly permitted, for example under code 12.1, an expert opinion and possibly a dispersion study must also be addressed. According to the Ministry of the Environment position, an expert opinion is generally required for sources that must be newly permitted as code 12.1.
For the dispersion study, the situation is more nuanced. The Ministry of the Environment explains that for already operating sources that were newly listed among listed sources by the amendment, a dispersion study is not required in operating permit proceedings if it is not a new source, a change with capacity increase, or increased emissions. If the project is newly designed or its capacity is increased, however, a dispersion study may be a standard document.
In practice, three situations must be distinguished: a new source, a change to an existing source, and an existing source that has only newly entered the regime of Annex No. 2 to the Act. Each may require a different scope of documentation.
Backup energy sources and operating hours
In 2026 the Ministry of the Environment updated positions on the interpretation of the term backup energy source and on the method of determining the number of operating hours. This is important especially for diesel generator sets, gas engines, gas turbines, and other combustion sources used as backup.
For backup sources, what matters is whether they truly serve as backup in case of failure of the main energy source, and not, for example, for regular electricity generation, commercial regulation, or covering consumption peaks. The Ministry of the Environment emphasises that backup operation must be clearly stated in the operating permit and operating rules.
| Topic | Practical significance |
|---|---|
| backup energy source | must fulfil a backup function, not that of a regular operating source |
| 300 hours per year | significant for application of emission limits for selected backup engines and turbines |
| 500 hours per year | important for calculation for selected backup combustion sources |
| operating rules | should define commissioning, shutdown, and hour records |
| hour records | must make it possible to demonstrate the actual source regime |
For operating hours, time for commissioning and shutdown of the source is not counted if this regime is set out in the operating rules. Operating rules are therefore not just a formal attachment, but a document that can have a direct impact on source assessment.
NOx from combustion sources on gaseous fuel
Another updated Ministry of the Environment position concerns application of the specific emission limit for NOx for stationary combustion sources burning gaseous fuel with total rated thermal input above 0.3 MW and below 50 MW, with the exception of reciprocating combustion engines and gas turbines.
This topic is practical mainly for gas boiler plants and other combustion sources on gaseous fuel. Operators should verify whether the exemption applies to them, how the source is classified, what emission limits are stated in the operating permit, and whether emission measurement complies with the current interpretation.
For older permits it may be advisable to check whether the stated emission limits and operating conditions comply with the current state of legislation and the technical state of the source.
Fees for air pollution
In 2026 the Ministry of the Environment updated its position on selected provisions of Section 15 of the Air Protection Act. The position addresses especially fee calculation, increased rates, inflation clause, procedural steps, conversion of TOC to VOC, changes in local jurisdiction of customs offices, and advance payment issues.
From the operator's perspective, it is important not to treat fees as a separate accounting agenda detached from measurement and records. Fee calculation is based on emission data, the method of their determination, and in some cases also on continuous measurement.
Practically important: if the operator does not have pollution level determination, operating records, and notification properly set up, the problem may also appear in the fee agenda.
Emission factors and emission calculation
At the end of 2025 the Ministry of the Environment published a new notice on emission factors intended for emission calculation for 2025 and subsequent periods. This is important for sources where pollution level is determined by calculation instead of measurement.
Emission calculation has practical significance, for example, for some combustion sources, area sources, material handling, backup sources, or where Decree No. 415/2012 Coll. allows it.
The principle can be described simply as follows:
emission = emission factor × reference quantity
The reference quantity may be, for example, the amount of fuel burned, quantity of processed raw material, quantity of production, operating hours, or another parameter according to the specific source.
Aggregation of technological source capacities
The amendment and Ministry of the Environment methodology also address aggregation of design capacities of technological stationary sources. This is important for correct classification of a source under Annex No. 2 to the Act.
For operations with multiple technological units, whether their design capacities are aggregated may be decisive. This applies, for example, to multiple lines of the same type, related technologies, or sources operated in one facility.
| Example | What needs to be verified |
|---|---|
| multiple paint booths | total design consumption of organic solvents |
| multiple dust technologies | whether it is one source type under the same code |
| multiple storage sites | whether it is one continuous area or separate activities |
| multiple combustion sources | aggregation of thermal inputs according to Act rules |
| multiple wood-processing lines | total design material consumption |
Incorrect failure to aggregate capacities can lead to the conclusion that a source is not listed. Conversely, incorrect aggregation of unrelated sources can unnecessarily burden a project with obligations that do not apply to it.
What operators should practically check in 2026
2026 is suitable for a systematic check of permits and operating obligations. It is not only about new sources, but also existing operations with permits issued under older legislation.
Recommended checklist:
| Check point | Practical question |
|---|---|
| source classification | does it match current Annex No. 2 to the Act? |
| operating permit | does it contain all newly required particulars? |
| operating rules | do they match actual operation and new legislation? |
| operating parameter | does the obligation to monitor and record it arise? |
| emission measurement | are periodicity and notification via ISPOP correctly set? |
| backup sources | is backup source regime clearly described and recorded? |
| bulk materials | does an obligation under code 12.1 arise? |
| fees | do calculation and records match the updated interpretation? |
| emission factors | are current factors used for emission calculation? |
| capacity aggregation | is the source correctly assessed as a whole? |
If a discrepancy appears during the check, it is advisable to address it in good time. Waiting for a CEI inspection or a notice from the regional authority can be unnecessarily risky.
Impact on expert opinions, dispersion studies, and operating rules
Changes in 2026 have a direct impact on preparation of expert documentation. An expert opinion can no longer be only a general description of technology. For many sources it must also address the operating parameter, measurement points, operating records, emission calculation, technical operating conditions, and link to the current permit.
Dispersion studies must work with current source classification, correct emission factors, operating hours, and appropriate technical parameters of exhausts or area sources. Operating rules must be specific: they should describe actual operation, commissioning and shutdown, records, filter monitoring, operating parameters, faults, and maintenance.
In practice: 2026 increases the pressure for documentation to be not formal, but operationally usable and verifiable.
Most common risks for operators
The greatest risk is the assumption that an old permit automatically suffices. For some sources yes, for others a change or supplement will be needed. The second risk is an unaddressed operating parameter for a source with emission reduction technology. The third risk is incorrect classification of bulk storage sites, areas, or technological sources.
For backup sources, the risk is an unclear operating regime. If it is not clearly demonstrated that it is a backup source and how many hours it actually runs, the operator may lose the possibility to use the special regime for backup sources.
For emission measurement, the risk is incorrect notification of dates and results. For fees, the risk is inconsistency between calculation, records, measurement, and the current Ministry of the Environment position.
Summary
In 2026, changes triggered by the amendment to Act No. 42/2025 Coll. and the amendment to Decree No. 415/2012 Coll. are practically reflected in the permitting and operation of air pollution sources. Operators should check especially source classification, content of operating permits, operating rules, obligation to monitor the operating parameter, notification of one-off emission measurement via ISPOP, emission calculation, fees, backup sources, and possible obligations under code 12.1.
The greatest change is not in one specific form, but in the overall emphasis on more precise, verifiable, and operationally demonstrable conditions. Operating permit, expert opinion, dispersion study, operating rules, and records must match actual operation and current legal interpretation.
Send us your existing operating permit, operating rules, source classification, exhaust data, filters, operating hours, emission measurement, and any authority position. We will verify whether the 2026 changes apply to you and whether the permit, operating rules, expert opinion, dispersion study, or operating records need to be updated.
Factual basis of the article
The article is based mainly on these current sources:
- Air protection news – Ministry of the Environment,
- Act No. 201/2012 Coll., on air protection,
- Decree No. 415/2012 Coll., on permissible pollution level and its determination,
- Decree No. 398/2025 Coll., amending Decree No. 415/2012 Coll.,
- Ministry of the Environment FAQ on the obligation to monitor and record an operating parameter,
- Ministry of the Environment position on interpretation of the term backup energy source,
- Ministry of the Environment position on the method of determining the number of operating hours,
- Ministry of the Environment notice on application of code 12.1 of Annex No. 2 to the Air Protection Act,
- Ministry of the Environment notice on emission factors for emission calculation,
- Ministry of the Environment methodological guideline on aggregation of design capacities of technological stationary sources.
In its 2026 news, the Ministry of the Environment published especially the updated position on operating parameters, positions on backup energy sources and operating hours, update on fees under Section 15, notice on notification of one-off emission measurement via ISPOP, update on code 12.1, and notice on emission factors. These documents are the practical interpretative framework for operators, designers, authors of expert opinions and dispersion studies, and persons authorised to carry out emission measurement.