When an expert opinion under the Air Protection Act is addressed
In practice an expert opinion is addressed especially when an operator, investor, or designer is preparing a new stationary air pollution source, a change to an existing source, or an application for an operating permit.
Typically this may concern, for example:
- a new boiler plant or combustion source,
- a paint shop or technology using organic solvents,
- a dryer, melting equipment, or heating technology,
- filtration equipment and technological exhaust,
- waste processing equipment,
- a recycling operation,
- a production or industrial line,
- a change of capacity, fuel, raw material, or technology,
- supplementation of documentation requested by the regional authority.
An expert opinion is not just a formal annex. It must demonstrate to the regional authority what source is to be operated, what emissions it will have, what emission limits and technical conditions apply to it, and whether the proposed operation is acceptable from the air protection perspective.
When the regional authority may require an expert opinion
The regional authority may require an expert opinion especially for sources listed in Annex No. 2 to the Air Protection Act. In practice this concerns mainly situations where a binding opinion or operating permit is issued, or where an already issued operating permit is changed.
An expert opinion may be addressed especially in these cases:
| Situation | Why an expert opinion is addressed |
|---|---|
| New stationary source | It is necessary to classify the source, describe technology, emissions, limits, and operating conditions |
| Technology change | The authority needs to assess whether the change affects emissions or operating conditions |
| Capacity increase | There may be a change in source classification, emission flows, or required documentation |
| Change of fuel or raw material | The character of emissions and operating requirements may change |
| Addition of separator or filter | Effectiveness of technology for reducing emissions and conditions of its operation are assessed |
| Update of operating permit | The permit must be aligned with the actual state of operation |
| Notice from regional authority | The authority may require supplementation of the opinion as a missing particular of the application |
For some simpler changes an expert opinion may not always be necessary. What is decisive, however, is the specific character of the source, scope of change, classification under the Act, conditions of the operating permit, and the opinion of the relevant authority.
What an expert opinion addresses
An expert opinion should above all professionally describe and evaluate a stationary air pollution source.
It usually addresses especially:
- identification of the operator and the project,
- purpose of preparing the opinion,
- description of existing and proposed state,
- classification of the source under the Air Protection Act,
- description of technology and operating regime,
- designed capacity, output, or consumption,
- raw materials, fuels, or preparations used,
- pollutants arising,
- exhausts, ventilation, and equipment for reducing emissions,
- proposal of emission limits and operating conditions,
- comparison with requirements of legal regulations,
- possibly link to BAT or best available technical solutions,
- conclusion on acceptability of the source and recommended operating conditions.
A good expert opinion must be understandable not only to the preparer but mainly to the authority. It should be clear from it what is being permitted, what the actual or proposed state of technology is, and what conditions should be set in the operating permit.
Difference between expert opinion and dispersion study
An expert opinion and a dispersion study are often related but are not the same thing.
An expert opinion focuses mainly on the source itself, technology, emissions, source classification, emission limits, and operating conditions. A dispersion study evaluates the impact of emissions from the source on air quality in the surroundings.
| Document | What it mainly addresses | Typical purpose |
|---|---|---|
| Expert opinion | Source, technology, emissions, limits, operating conditions, and classification under the Act | Documentation for regional authority when permitting or changing a source |
| Dispersion study | Immission contributions of the source in the surroundings and impact on air quality | Assessment of impact of the source on surrounding development and immission situation |
| Emission measurement | Actual emissions of an already operated source | Verification of compliance with emission limits in operation |
| Operating rule | Rules for operation of the source and measures to limit emissions | Practical document for operation, inspection, and fulfilment of permit conditions |
For a new source an expert opinion and a dispersion study may both be needed at the same time. The expert opinion addresses what source is to be permitted and under what conditions. The dispersion study addresses how its emissions will manifest in the surroundings.
What the operator or investor must provide
The quality of an expert opinion depends on the quality of input documentation. If documentation is incomplete or inconsistent, the permitting process may be unnecessarily prolonged.
For preparation of an expert opinion it is advisable to provide especially:
| Documentation | Why it is important |
|---|---|
| Design documentation | Describes location, building solution, technology, and links to surroundings |
| Technical description of technology | Makes it possible to determine how the source works and where emissions arise |
| Equipment data sheets | Contain output, input, capacity, fuel, consumption, or other parameters |
| Description of raw materials and preparations | Important especially for paint shops, chemical operations, plastics, and VOC technology |
| Safety data sheets | Help determine composition of substances and possible pollutants |
| Site layout | Shows location of sources, exhausts, buildings, and relationship to surrounding development |
| Description of exhausts and ventilation | Important for proposal of operating conditions, emission measurement, and possibly dispersion study |
| Data on separators or filters | Make it possible to assess emission reduction and operating conditions of equipment |
| Operating regime | Number of shifts, operating hours, batches, seasonality, and maximum operation capacity |
| Existing operating permit | Necessary especially for changes to existing sources |
For existing operations, photographs of technology, exhausts, filters, measurement points, and overall operation layout are also very useful.
Why an equipment data sheet alone is not enough
An equipment data sheet is important documentation, but on its own it is usually not sufficient.
A data sheet mostly describes the equipment itself. It does not, however, address the entire operational context. The authority usually needs to know not only what equipment is being installed, but also how it will be operated, with what raw materials, at what capacity, how emissions will be discharged, and what conditions should be set in the operating permit.
For example, for a paint shop it is not enough to know only the type of booth or filter. It is also necessary to know the coating materials used, content of organic solvents, designed consumption, application method, operating regime, exhausts, filtration, and balance of volatile organic compounds.
Similarly for a boiler plant, the boiler type alone is not enough. Rated heat input, fuel, number of sources, aggregation of inputs, operating regime, exhaust, emission parameters, and link to requirements of legal regulations are important.
A data sheet is therefore only one of the inputs. An expert opinion builds on it but must assess the entire source and its operational context.
Typical mistakes in documentation
When preparing expert opinions similar mistakes often recur. These mistakes can lead to a notice to supplement the application, prolongation of proceedings, or uncertainty when setting operating conditions.
The most common problems are:
- it is not clear which specific sources are the subject of the opinion,
- design documentation does not correspond to actual or intended operation,
- designed capacity or maximum raw material consumption is missing,
- not all exhausts are stated,
- ventilation and filtration are not described,
- data on separators or their guaranteed effectiveness are missing,
- safety data sheets of preparations used are not provided,
- operating regime is not clear,
- actual consumption is confused with designed consumption,
- source classification under Annex No. 2 to the Act is not addressed,
- existing sources in the same facility are not taken into account,
- data are not aligned between design, application, operating rule, and other annexes.
For more complex operations it is important for all documentation to form one coherent whole. If one part of the documentation states a different capacity, a different number of exhausts, or a different operating regime than another part, that may be a reason for the authority to request supplementation or explanation.
How an expert opinion helps in proceedings with the regional authority
A well-prepared expert opinion helps mainly by presenting a clear and professionally justified proposal to the regional authority.
It should make it easier for the authority to answer questions:
- what source is involved,
- whether it is a source listed in Annex No. 2 to the Act,
- what emissions can be expected,
- what emission limits should apply,
- what technical operating conditions are suitable,
- whether emission measurement is necessary,
- whether a dispersion study is needed,
- whether the proposed technical solution is acceptable,
- what conditions it is appropriate to state in the operating permit.
The aim of an expert opinion is not merely to copy data sheets. The opinion must professionally link technology, legal requirements, operating conditions, and impacts on air.
When it is advisable to address an expert opinion in good time
It is advisable to address an expert opinion already in the project preparation phase, not only when the authority issues a notice to supplement the application.
Timely assessment can reveal, for example:
- unsuitably designed exhaust,
- missing measurement point,
- inadequately described filtration,
- unclear source classification,
- risk of need for a dispersion study,
- non-compliance between design documentation and actual operation,
- need to update the operating rule,
- missing data for the operating permit.
The earlier these questions are clarified, the lower the risk of delay in the permitting process.
Practical procedure for operators
If you are addressing a new source, operation change, or requirement of the regional authority, we recommend proceeding as follows:
- Prepare the decision, notice, or authority requirement.
- Supplement design documentation or technical description of the project.
- State whether it is a new source, change to an existing source, or update of permit.
- Prepare equipment data sheets and description of raw materials.
- Supplement safety data sheets of preparations used.
- Describe operating regime, capacities, and exhausts.
- For existing operation attach existing operating permit and possibly emission measurement reports.
- Have it verified in advance whether an expert opinion, dispersion study, operating rule, or emission measurement will be needed.
This procedure helps prevent unnecessary supplementation of the application and shortens the time for preparing documentation for the authority.
Summary
An expert opinion under the Air Protection Act is important documentation especially when permitting new stationary sources, changing operation, and updating operating permits. It is not just an administrative document, but a professional evaluation of the source, technology, emissions, operating conditions, and links to legal requirements.
A dispersion study evaluates the impact of emissions in the surroundings, while an expert opinion focuses mainly on the source itself, its classification, operating conditions, and emission requirements. In many cases both documents may be needed at the same time.
We prepare expert opinions for the regional authority. Send us design documentation, an authority requirement, or an operating permit and we will verify what documentation will be needed for your source.