Amendment to the Air Protection Act 2025: what is changing for emission source operators

Why the amendment matters

Act No. 42/2025 Coll. amended Act No. 201/2012 Coll., on air protection. For operators of stationary sources this is not just a legislative change on paper. The amendment can affect whether a source is correctly classified, whether it has an appropriate operating permit, what documentation the regional authority will require, how emissions are to be determined, and how the operator will demonstrate compliance during inspection.

Changes may concern especially boiler plants, paint shops, technological lines, operations with organic solvents, recycling lines, crushing and sorting equipment, handling areas, deposits of bulk materials, composting facilities, equipment with odorous substances, dusty operations, construction and demolition activities, and other sources listed in Annex No. 2 to the Act.

The operator should not ask only whether the source already has some permit. It is important to verify whether the permit complies with the current wording of the Act, the actual technical state of operation, and the new rules for classifying sources.

What the operator should check first

The most practical approach is to start with a check of the existing operating permit and the actual state of technology. At many operations, exhausts, filtration, operating hours, raw materials, fuels, solvent consumption, capacity, or links between individual technological parts have changed over the years. If these changes were not reflected in the operating permit, non-compliance may arise that appears during inspection, during emission measurement, or when filing a further application with the authority.

The operator should verify especially:

• whether the source is correctly classified under Annex No. 2 to the Act,
• whether aggregation rules apply to the operation,
• whether the permit contains current capacity, output, or rated heat input,
• whether exhausts, filtration, and separation equipment are correctly described,
• whether the operating rule corresponds to actual operation,
• whether the scope of emission measurement is correctly set,
• whether an operating parameter must be monitored,
• whether operating records comply with fee and reporting obligations,
• whether new requirements on dust or minimum distances are affected.

This check is not an end in itself. It helps prevent a situation where the authority suspends proceedings, requests further documentation, or where the Czech Environmental Inspectorate (CEI) finds during inspection that actual operation does not correspond to the permitted state.

Source classification under Annex No. 2

The amendment clarified rules for classifying stationary sources. Correct classification is a basic step because most further obligations follow from it. These include especially operating permit, operating rule, expert opinion, dispersion study, emission measurement, compensation measures, or operating conditions.

For individual operations a different parameter may be decisive. For a boiler plant it will typically be total rated heat input and fuel type. For a paint shop, consumption of organic solvents, number of exhausts, type of coating materials, and technological regime. For a recycling line, capacity, crushing, sorting, handling, and dust. For deposits and handling areas, their extent, character of material, and mode of operation.

If a source is classified incorrectly, related obligations may also be set incorrectly. This is risky especially for operations that were permitted generally in the past, were gradually expanded, or have older operating permits.

Aggregation rules

A significant change is a more detailed arrangement of aggregation rules. Several devices in one facility may be assessed jointly for the purposes of the Act if they are technologically or spatially connected and meet conditions set by the Act.

In practice this may concern, for example, several boilers in one boiler plant, several technological lines of the same type, related workplaces extracted to a common exhaust, several parts of paint technology, or gradually added equipment in one site.

The operator should therefore not assess each device in isolation. It is necessary to evaluate the entire facility and verify whether outputs or designed capacities are aggregated. The result can determine whether the source falls under Annex No. 2, under which code it will be classified, and what obligations will apply to it.

Aggregation rules are important mainly when expanding operation. Even a smaller addition of technology can change the overall classification of the source if it is assessed jointly with already operated equipment.

Operating permit after the amendment

After the amendment, the operating permit must define more precisely what is permitted. Especially important are classification of the source under the relevant code of Annex No. 2, permitted total capacity, permitted total output or permitted total rated heat input, and binding operating conditions.

For older permits a problem may be that some data are not stated sufficiently clearly. Technology may be described generally, capacity may not be clearly established, exhausts may not correspond to reality, or conditions for filtration, emission measurement, operating regime, or operating records may not be adequately addressed.

We recommend checking the permit especially if:

• it was issued a long time ago,
• operation was technically modified after the permit was issued,
• technology was replaced or supplemented,
• exhausts, filters, separators, or fuel were changed,
• capacity, operating hours, or raw material consumption increased,
• the operator is preparing a new investment,
• the authority requests updating of documentation,
• the source may newly fall under another code of Annex No. 2.

If the permit does not correspond to reality, it is advisable to address a change of permit in good time. Subsequent explanation during inspection or after an authority notice is usually more difficult than a preliminary expert review.

Newly classified and sources requiring additional permitting

A practically significant area concerns operations that were in fact operated in the site in the past but may not have been clearly permitted as a separate stationary source. Typically this may concern some handling areas, deposits of bulk materials, dusty activities, or related technological parts.

Decisive is whether the source is actually permitted in the operative part of the decision. It is not always enough that a certain activity is described in the reasoning, operating description, or as a related part of the site. If the source was not expressly permitted and newly falls under Annex No. 2, it may be necessary to address a new operating permit or a change to the existing permit.

The operator should therefore check not only the technical state of operation but also the exact wording of the decision. Especially important are:

• what is stated in the operative part of the permit,
• how the source is classified,
• what capacity or output is permitted,
• what exhausts and technology are described,
• whether handling areas or deposits are part of the permit,
• whether the permit corresponds to the current scope of operation.

Emission measurement and calculations

The amendment strengthens emphasis on correct determination of pollution level. For some sources emissions are determined by one-off measurement, for others by continuous measurement, or by calculation if the legal regulation or operating permit allows it.

The operator should have clearly set which substances are to be monitored, how often measurement is carried out, on which exhausts measurement is performed, whether the measurement point is technically suitable, and whether measurement takes place under a representative operating regime. Timely notification of measurement dates and subsequent handling of reports and results are also important.

For emission measurement, problems often appear in practice that become apparent only during inspection or when changing the permit. These include, for example, missing measurement point, unsuitable sampling conditions, measurement outside the usual operating regime, unclear classification of the exhaust, or difference between the permit and actual implementation of technology.

Monitoring of operating parameters

For some sources it is no longer enough to measure emissions periodically. It may also be important to continuously monitor and record an operating parameter that demonstrates correct function of technology for reducing emissions or emission reduction measures.

This may include, for example, temperature, pressure, flow, pressure drop on the filter, sorbent dosing, operating hours, function of separation equipment, or operation of sprinkling. The specific parameter must make technical sense and must be verifiable.

The operator should verify whether a requirement to monitor an operating parameter is set in the operating permit or in related regulations. If so, it is necessary to have resolved not only the sensor or measurement itself, but also the method of recording, storing data, and their availability for inspection.

Dust at construction sites, demolitions, and handling activities

The amendment pays greater attention to dust. This concerns not only industrial operations but also construction, demolition, earthworks, recycling operations, deposits, and handling of bulk materials.

In practice this may involve sprinkling, covering dusty materials, limiting drop heights, cleaning of roads, cleaning of vehicles, use of enclosed chutes and containers, dust nets, or limiting work in unsuitable meteorological conditions.

It is important that measures are not described only in general terms. The authority or inspection body may require that it be clear when measures are carried out, who ensures them, how they are checked, and how their fulfilment is demonstrated.

What the operator or contractor should prepare

• brief description of dust sources,
• description of handled materials,
• location of deposits and handling areas,
• proposal for sprinkling or other dust limitation,
• method of cleaning roads and vehicles,
• rules for operation in dry and windy weather,
• responsibility of workers for carrying out measures,
• simple record of carrying out measures, if suitable for operation.

For larger construction sites, recycling operations, and handling areas it is advisable to address dust already in the design or permitting phase. Subsequent addition of measures after complaints from the surroundings or after inspection is usually less advantageous.

Minimum distances and sources with odour or dust

The amendment introduces the institution of minimum distances for selected sources listed in Annex No. 2a. It concerns sources that may pollute air with particulate pollutants or substances causing odour nuisance.

This area may be significant, for example, for waste handling facilities, composting facilities, wastewater treatment plants, landfills, quarries, recycling operations, or other sources with possible impact on residential or recreational development.

For new projects it is advisable to address distances already when selecting the location and when preparing design documentation. If this question is opened only in permitting proceedings, it may mean redesign of documentation, supplementation of documentation, or complication in negotiations with authorities.

Pollution fees and operating records

The amendment also touches pollution fees for air. The operator should verify whether they correctly determine the quantity of emissions, whether they use current measurement or calculations, whether they include all relevant pollutants, and whether operating records correspond to actual operation.

Fee obligations cannot be separated from technical records. If operating hours, fuel consumption, solvent consumption, quantity of processed material, or measurement results are not correctly recorded, it may be difficult to correctly determine annual emissions.

For larger operations we recommend checking the link between:

• operating permit,
• operating rule,
• operating records,
• emission measurement,
• emission calculation,
• summary operating records,
• fee return.

The aim is for individual data to give the same technical and administrative picture of operation.

Practical procedure for operators

It is most suitable to carry out a simple review of operation according to this procedure:

1. Gather current operating permit, operating rule, and latest changes to the decision.
2. Compare the permitted state with actual technology in operation.
3. Verify source classification under current Annex No. 2.
4. Assess whether aggregation rules apply.
5. Check exhausts, filtration equipment, and measurement points.
6. Verify scope and frequency of emission measurement.
7. Verify whether an operating parameter must be monitored.
8. Check operating records and link to fees.
9. For dusty operations verify specificity of dust suppression measures.
10. Before planned technology change consult procedure with an expert preparer or regional authority.

A timely review usually saves time. The operator better knows whether they need a change of permit, expert opinion, dispersion study, update of operating rule, or new emission measurement.

How NATURCHEM can help

NATURCHEM, s.r.o. provides expert documentation for operators of air pollution sources. We can help especially with verification of source classification, check of operating permit, proposal for change of permit, preparation of operating rule, expert opinion, dispersion study, authorised emission measurement, and consultation on measurement, record-keeping, and fee obligations.

If you need to verify the impact of the amendment on your operation, send us especially:

• existing operating permit,
• operating rule,
• description of technology,
• data on capacity, output, or input,
• list of exhausts and filtration equipment,
• data on fuel, raw materials, or solvents,
• latest emission measurement reports,
• operating records or summary operating records,
• description of planned operation change, if you are preparing one.

On the basis of this documentation we will assess whether a change of operating permit, new permit, update of operating rule, expert opinion, dispersion study, emission measurement, or other documentation for the regional authority is needed.

Summary

The 2025 amendment to the Air Protection Act clarifies a number of obligations that have direct practical impact for operators. Most important is to classify the source correctly, verify aggregation rules, check currency of the operating permit, set emission measurement, and ensure that operating records correspond to actual operation.

For older or gradually expanded operations we recommend not waiting until an authority notice or inspection. A timely expert review helps determine which obligations apply to the operation and what documentation it is advisable to prepare.

Factual basis of the article

The article is based mainly on Act No. 201/2012 Coll., on air protection, as amended by Act No. 42/2025 Coll. The amendment was published in the Collection of Laws in February 2025 and the basic effective date is 1 March 2025, while some related obligations and implementing arrangements have their own transitional regime.

Important parts of the legal arrangement for operators of stationary sources are especially:

For practical assessment it is important not to proceed only from the name of technology or from the historical mode of operation. What matters is current legal classification of the source, designed parameters, actual technical arrangement, operative part of the operating permit, set emission limits, technical conditions, operating rule, measurement obligations, and method of keeping records.

The Ministry of the Environment is gradually publishing methodological communications, opinions, and guidelines on the amendment. For practice, methodological materials on aggregation of designed capacities of technological sources, on application of certain provisions of § 15, on handling of bulk materials, on notification of emission measurement, and on related questions of operating records and permitting are especially significant.

We therefore recommend that operators carry out a targeted check after the amendment of operating permit, operating rule, source classification, measurement obligations, operating records, fees, and any dust suppression measures. The aim is not to create unnecessary administration, but to identify non-compliance in good time that could cause problems when changing operation, during CEI inspection, or in negotiations with the regional authority.