What the CEI inspects in the area of air protection
The Czech Environmental Inspectorate inspects mainly operators of stationary sources listed in Annex 2 of Act No. 201/2012 Coll., on Air Protection.
The basic subject of the inspection is the operator's compliance with its obligations under the Act, the implementing regulations and the specific operating permit.
The inspector is therefore interested above all in one question:
Does the actual operation of the source correspond to what the regional authority permitted?
The inspection of documentation and the physical inspection of the technology are closely linked. If, for example, the permit specifies a filter, a particular stack, a maximum capacity or a prescribed fuel, the actual state must correspond to these conditions.
The operating permit is the basic document
Under Section 17 of the Air Protection Act, the operator of a listed stationary source is obliged to operate the source only on the basis of and in accordance with the operating permit.
Before an inspection, we recommend going through the permit point by point and comparing it with reality.
Scroll the table horizontally to see all columns.
| What the permit specifies | What to verify at the site |
|---|---|
| Classification of the source | Corresponds to the current technology and capacity |
| Permitted capacity | Is not exceeded |
| Fuels and raw materials | Only the permitted materials are actually used |
| Emission limits | Are demonstrated by a valid method of determining emissions |
| Stacks | Correspond in number, designation and connection |
| Filtration | Is installed and operated in line with the conditions |
| Emission measurement | Has taken place at the specified intervals |
| Operating parameters | Are monitored, if the permit requires it |
| Operating rules | Correspond to the actual state of the technology |
Problems typically arise at sites that have been gradually modernised over several years while the permit has remained in its old wording.
Changes to the technology must be reflected in the permit
Before an inspection, it is advisable to go through the changes made since the last decision was issued.
These may include, for example, a new machine, an additional production line, an increase in capacity, a new filter, a change of fuel, relocation of a stack, installation of additional extraction or use of a new chemical substance.
Even a change that may appear to the operator to be an ordinary technological adjustment is significant. If it affects facts stated in the permit or may change emissions, it should have been assessed in advance as to whether a change to the permit is needed.
The mere fact that the technology has worked without problems for several years does not resolve its legal status.
The operating rules must correspond to reality
For sources marked in column C of Annex 2 to the Act, the operating rules form part of the operating permit.
During an inspection, their content can be compared with the actual state of the equipment. Differences typically occur, for example, in the designation of stacks, types of filtration, raw materials used, operating parameters or procedures in the event of a malfunction.
The practical usability of the document is also important. The operator should know the procedures that concern them, for example filter checks, the response to an operating parameter being exceeded or the procedure in the event of a failure of the abatement equipment.
We describe the details in the article Operating rules of an air pollution source: when they are mandatory and who approves them.
Emission measurement: check both the deadlines and the scope
The operator of a listed source must determine the level of pollution in the manner prescribed by the Act, the decree and the operating permit.
Before an inspection, it is advisable to prepare an overview of all sources and their measurement obligations.
Scroll the table horizontally to see all columns.
| Question checked | What to verify |
|---|---|
| Measurement frequency | Annual, three-yearly or other, according to the regulation and the permit |
| Measured substances | Correspond to the emission limits |
| Measured stack | Corresponds to the permit and ISPOP |
| Measurement date | The prescribed deadline was not exceeded |
| Operation during measurement | Met the required operating conditions |
| Result | The emission limit was met |
| Notification of the date | Made via ISPOP at least 5 working days before the measurement |
The Act expressly provides that a one-off emission measurement is considered to be only a measurement preceded by notification of the date through ISPOP at least 5 working days before it is carried out.
Carrying out a correct measurement by an authorised laboratory is therefore not enough if the follow-up legal requirements have not been met.
Check how measurements link to sources and stacks
A frequent problem is that the same equipment is designated differently in the individual documents.
For example:
operating permit → source 101 → stack 001
should also be clearly traceable in the operating rules, the emission measurement report, F_OVZ_JME and the summary operating records.
If the report uses a different designation, it must be possible to prove unambiguously which source and stack it concerned.
Where there are many technologies, we recommend creating one central table: source – technology – stack – emission limit – measurement frequency.
Operating records must be verifiable
The operator of a source listed in Annex 2 keeps operating records of the fixed and variable data describing the source, its operation, inputs and outputs.
The operating records are retained for at least 6 years at the site of the source's operation, so that they are available for inspection.
Summary data are reported every year through ISPOP by 31 March for the previous calendar year.
The CEI may compare the reported data with, for example, operating logs, production, fuel or raw material consumption and measurement reports.
If, for example, a significantly lower consumption is reported in ISPOP than in the internal records, or the operating hours do not correspond to the actual production regime, the cause should be clarified before the inspection.
ISPOP must correspond to actual operation
Submitting a form without a validation error does not confirm the factual accuracy of the data entered.
Before an inspection, we recommend comparing the latest F_OVZ_SPE with the current operating permit and the technical documentation.
The accuracy of the following is particularly important:
Scroll the table horizontally to see all columns.
| Data in ISPOP | What to compare |
|---|---|
| Number of sources | Permit and actual technology |
| Source codes | Current classification under Annex 2 |
| Stacks | Actual state and permit |
| Operating hours | Internal operating records |
| Fuel consumption | Invoices, stock and energy records |
| VOC consumption | Material balance and safety data sheets |
| Production | Production records |
| Annual emissions | Method of determination specified for the particular source |
This area is dealt with in more detail in the article Summary operating records: the most common errors in data on sources, stacks and emissions.
Filters, separators and other emission abatement equipment
If the technology includes a filter, wet scrubber, adsorption unit, afterburner or other emission abatement technology, the inspectorate may verify its actual operation.
The permit may require monitoring of a specific operating parameter, for example the pressure drop across a filter, the flow of scrubbing liquid, the temperature of the afterburner chamber or another indicator of functionality.
If continuous monitoring and recording of an operating parameter is required, the operator must retain the relevant data for at least 6 years.
The records should make it possible to demonstrate that the equipment also worked between the individual authorised emission measurements.
Failure of filtration or technology
The Act lays down a specific procedure for a technical fault that leads to a higher level of pollution and at the same time to non-compliance with the operating conditions.
The operator must remedy such a fault without delay and no later than 48 hours after it occurs submit a report to the regional authority and the CEI.
If operation in accordance with the Act, the decree and the permit is not restored within 24 hours, the source must generally be restricted or shut down. The Act also provides for some exceptions.
Operating records should therefore contain not only the date of the failure, but also its nature, duration and the measure taken.
What the inspector may require during an inspection
The inspection is also governed by Act No. 255/2012 Coll., the Inspection Code.
The inspector is entitled to enter the relevant premises, request documents, carry out inspections, take samples and carry out the necessary measurements, monitoring and tests.
The inspected person also has the right to request presentation of the authorisation to carry out the inspection, to become acquainted with the content of the inspection report and to lodge objections against the inspection findings.
In practice, we therefore recommend designating one person who will be able to explain the technology during the inspection, present the documentation and provide access to the individual sources and stacks.
What tends to be problematic during inspections
In its inspection practice, the CEI repeatedly finds sources operated without the necessary permit or in breach of its conditions, failure to carry out the prescribed emission measurement, and deficiencies in operating records and in reporting through ISPOP.
Before an inspection, we recommend paying particular attention to the following areas:
- all technologies actually operated have a corresponding permit and the changes made are reflected in the documentation,
- emission measurements, operating records, F_OVZ_SPE, the operating rules and the permit use mutually consistent data,
- filtration and other emission abatement measures are functional and the required records of their inspection and operation are available.
For some offences under the Air Protection Act, the upper limit of the fine for a legal entity or a self-employed natural person may reach as much as CZK 10,000,000. If a listed source is operated without an operating permit, the Act also allows the CEI to decide on the suspension of its operation.
A practical internal audit before an inspection
At a larger site, it pays to carry out the check in the same order in which the inspectorate's logic can be expected to run:
permit → actual technology → emission limits → measurement → filtration → operating records → ISPOP.
This approach quickly uncovers, for example, a new stack that is not in the permit, outdated operating rules or a source for which measurement was not carried out by the correct deadline.
If an error is discovered before the inspection, its significance can be determined and appropriate remedial action prepared. It is not advisable merely to amend the records retroactively so that they formally match the documentation. The recorded data must be truthful and verifiable.
What you can send us and what we will verify
For a review of documentation before a CEI visit, you can send us:
- valid operating permits and their amendments, operating rules, expert reports and any dispersion studies,
- reports of authorised emission measurements, the latest F_OVZ_SPE, an overview of sources and stacks and internal operating records,
- information on changes to the technology, new filters, stacks, raw materials or capacities made since the permit was last updated.
We will compare the permitted state with actual operation, check the measurement obligations, the operating rules, the records and ISPOP, and point out discrepancies that should be resolved before the inspection.
If necessary, we will also prepare documents for an amendment of the operating permit or an update of the operating rules.
You can find more information on the page Operating permit – NATURCHEM.
Related legislation and sources
Act No. 201/2012 Coll., on Air Protection
Decree No. 415/2012 Coll., on the permissible level of pollution and its determination