When operating rules are mandatory
An operating permit is required for stationary sources listed in Annex 2 to Act No. 201/2012 Coll., on Air Protection. However, operating rules are required only for those sources that are marked in column C of that Annex.
The explanatory notes to Annex 2 state:
Scroll the table horizontally to see all columns.
| Column of Annex 2 | Meaning |
|---|---|
| A | A dispersion study is required where the statutory conditions are met |
| B | Compensatory measures may be required |
| C | Operating rules are a mandatory part of the operating permit |
When assessing a source, it is therefore not enough to establish that the technology is among the listed sources. Its exact code, designed capacity, output or thermal input must be determined, and the marking in column C must then be verified.
Operating rules typically apply to more significant combustion sources, waste thermal treatment facilities and selected industrial, chemical, agricultural or waste technologies. The specific obligation always follows from the current classification of the source.
Not sure whether operating rules are mandatory for your source? Send us the source code, a brief description of the technology, the capacity and the available permit. Send documents for assessment
Who approves the operating rules
The operating rules are approved by the regional authority as part of the operating permit for a stationary source. The operator submits the draft together with the application for issue or amendment of the operating permit.
The operating rules are therefore generally not approved by a separate decision. Once approved, they become a binding condition of the operating permit, and the operator must operate the source in accordance with their content.
When assessing the application, the regional authority may also rely on a statement of the Czech Environmental Inspectorate. If the operation is part of an installation under the integrated prevention regime, the air protection conditions and the operating rules are dealt with within the integrated permit.
In case of doubt as to whether a technology is among the sources listed in Annex 2, the regional authority decides. If the authority decides that a technology already in operation is a listed source, the operator must submit an application for an operating permit within 90 days of the decision becoming final.
Who can prepare the operating rules
The Act does not lay down any special authorisation for preparing operating rules. The document may be prepared by the operator or by an expert contractor with knowledge of the technology and of the legal requirements of air protection.
The author must correctly determine the classification of the source, the emission outputs, the binding operating parameters, the method of checking abatement equipment and the procedures in the event of faults. At the same time, the operating rules must correspond to the actual design of the technology and be linked to the operating permit, the expert report, the project documentation and the results of emission measurements.
Responsibility for operating the source in accordance with the permit remains with the operator.
What the operating rules must contain
The basic requirements are set out in Annex 12 to Decree No. 415/2012 Coll.. The scope of the document is adapted to the specific technology, its emissions and the way it is operated.
Scroll the table horizontally to see all columns.
| Area | What the operating rules should describe |
|---|---|
| Identification | Operator, establishment, stationary sources and their numbering |
| Capacity | Designed capacity, output or thermal input |
| Technology | Production operations, chemical reactions, process control and related activities |
| Material inputs | Raw materials, fuels, waste, solvents and other materials |
| Emission outputs | Pollutants, extraction, vents, fugitive emissions and odour |
| Emission reduction | Filters, separators, scrubbers, afterburners and operating parameters |
| Measurement points | Location and technical design of points for one-off or continuous measurement |
| Operating states | Start-up, normal operation, shutdown and adjustment |
| Faults and accidents | Risk states, operator procedure, restriction or shutdown of the source |
| Inspections and maintenance | Dates of revisions, inspections, maintenance and operator training |
The operating rules must be sufficiently specific. A general formulation such as "the equipment will be operated in accordance with the manufacturer's instructions" is usually not sufficient for setting binding air protection conditions.
The description of the source must correspond to the actual design
A common defect in older operating rules is discrepancies between the document and the actual state of the establishment. A mismatch may arise after a technology has been replaced, a filter added, a vent relocated or the raw materials used changed.
Particular attention is required to the correct designation of sources and vents. The numbering should be consistent with:
- the operating permit and its amendments,
- operating records and reporting in the ISPOP system,
- reports from authorised emission measurements and the technical documentation.
If the operating rules refer to vent V1, it must be identifiable in the same way at the establishment, in the permit, in the records and in the measurement report. Inconsistent designation makes it harder to check compliance with emission limits and may lead to a requirement to correct the documentation.
Operating parameters of emission reduction equipment
For a filter, scrubber, afterburner or other emission reduction system, the parameters by which its correct functioning can be verified must be described.
These may be, for example, the pressure drop across a filter, the temperature in the combustion chamber, the flow of scrubbing liquid, the pH value, the dosing of a reagent or the operation of a fan. The operating rules should set the normal values, the limit state and the procedure when a deviation is found.
If compliance with an emission limit is demonstrated by continuous monitoring of an operating parameter, the document must also state how the instrument is to be measured, recorded, checked and, where applicable, calibrated.
A system set up in this way makes it possible to demonstrate that the emission reduction equipment was functional while the technology was in operation.
Faults, defects and emergency states
The operating rules must define the faults and accidents that may cause increased emissions. They include preventive measures, the responsibilities of operators, the way a defect is remedied and the rules for restricting or stopping operation.
Under the Act, the operator must remedy a technical defect leading to higher emissions without delay and report it to the regional authority and the Czech Environmental Inspectorate no later than 48 hours after it occurs.
If operation in compliance with the Act, the decree and the permit cannot be restored within 24 hours, the operator must restrict or shut down the source. The Act allows exceptions, for example where shutting down would cause higher emissions or where it is necessary to maintain the energy supply.
The operating rules should specify who evaluates the fault, who decides on restricting production, to whom the event is reported and what records are made.
Measures against dust and odour
For dusty operations, the risk points in the technology and the specific measures limiting the generation and spread of dust must be described. These may include covering conveyors, extraction through a filter, spraying, cleaning of roads, limiting the drop height or rules for handling in adverse weather.
For sources that may cause odour nuisance, the risk parts of the technology and the operating measures to limit emissions of odorous substances are determined. Closing doors, extraction of the hall, covering tanks, controlling storage time or prompt resolution of ventilation faults may be important.
The measures must be technically feasible, verifiable and understandable to the operators.
When the operating rules need to be updated
An update is needed when there is a change in the conditions on which the regional authority based its decision when issuing the operating permit. Typically these are:
- replacement or expansion of the production technology and an increase in designed capacity,
- a new or relocated vent, a change in extraction or in the emission reduction equipment,
- a change in the raw materials, fuels, solvents or waste processed,
- a change in the measurement point, in the method of determining emissions or in the monitored operating parameter,
- a change in the operating regime, in the fault procedures or in the measures against dust and odour.
If a change affects the binding conditions of the permit, an application for amendment of the operating permit, with an updated draft of the operating rules, is submitted to the regional authority. A modified technology should not be operated according to an out-of-date document.
When updating older operating rules, the current wording of Annex 12 to Decree No. 415/2012 Coll. must be used. An older document may lack newly required data or work with a source classification that is no longer valid.
Operating rules, permit and operating records
The operating rules do not replace the operating permit, emission measurement or operating records. These documents must be aligned with one another.
The operating permit sets the legally binding conditions, the capacity, the emission limits and the method of determining emissions. The operating rules translate these requirements into specific technical and organisational procedures. The operating records document the actual course of operation, the consumption of materials, operating hours, emissions, faults and inspections.
The operator of a listed source keeps operating records and retains them for at least 6 years at the place where the source is operated. The data from the summary operating records are reported through ISPOP every year by 31 March for the previous calendar year.
Inspection of compliance with the operating rules
During an inspection, the actual operation of the equipment and its compliance with the permit are assessed. The inspection authority may check in particular the raw materials used, the function of filtration, the records of operating parameters, the records of maintenance, faults and operator training.
Practical operating rules should be available to the responsible staff, and their requirements must be reflected in day-to-day operation. An extensive document stored only in an administrative archive will not ensure air protection.
Annex 12 to the decree therefore also requires that dates be set for internal checks of compliance with the operating rules, for regular training of operators and for keeping records of that training.
Risks of operating according to an out-of-date document
Operating a listed stationary source in breach of the operating permit is a misdemeanour. For a legal entity or a self-employed natural person, the statutory maximum fine may reach up to CZK 10,000,000.
The risk does not arise only when an emission limit is exceeded. A breach may also consist in using a different raw material, operating without the specified abatement equipment, failing to follow the fault procedure or exceeding the permitted capacity.
Up-to-date operating rules help to demonstrate that the operator has defined responsibilities, inspects the equipment and responds to non-standard operating states.
What you can send us and what we will verify
For preparing or updating operating rules, you can send us:
- the valid operating permit, the previous operating rules, the expert report and the emission measurement reports,
- a technical description of the technology, the designed capacities, a list of raw materials, fuels, vents and emission reduction equipment,
- a layout of the establishment, photographs of the equipment, operating regulations, records of faults and data from ISPOP.
We will verify the classification of the source under Annex 2 to the Act, the obligation to prepare operating rules and the consistency of the documentation with actual operation. We will prepare new operating rules or an update, together with the documents for issue or amendment of the operating permit.
You can find more information on the page Operating Rules – NATURCHEM.
Related legislation
Act No. 201/2012 Coll., on Air Protection
Decree No. 415/2012 Coll., on the Permissible Level of Pollution and Its Determination