The basic rule: is the source listed in Annex 2?
The Air Protection Act divides stationary sources into those listed in Annex 2 and those that are not listed in that annex.
For operators, one simple rule is essential:
If a stationary source falls under any code in Annex 2 to Act No. 201/2012 Coll., it is a listed stationary source and its operation requires an operating permit issued by the regional authority.
It is therefore not enough to determine whether the equipment "emits something through a chimney". What matters is the exact classification of the technology under Annex 2 to Act No. 201/2012 Coll..
Do you need to prepare an application and expert documentation? We describe the scope on the page Operating permit for a stationary source.
In practice: The most common mistake is to start dealing with the permit only after the technology has been installed. It is advisable to check the classification of the source already when selecting the equipment, because it may affect the project, the stack, the chimney, filtration, the measurement point and other permitting documentation.
Beware of columns A, B and C
For individual sources, Annex 2 also contains columns A, B and C.
However, these do not determine whether a source is a listed one.
If a technology is listed under a certain code in Annex 2, it is a listed source regardless of whether there is a cross in column A, B or C.
The columns have a different meaning:
- A denotes sources for which a dispersion study is required under the stipulated conditions,
- B relates to compensation measures,
- C means a requirement for operating rules as part of the operating permit.
This is very important, for example, for some surface treatments, where the columns may be empty but the technology nevertheless falls under a code in Annex 2 and needs an operating permit.
How to determine the source code correctly
Under the Act, a source is classified primarily by the type of activity or type of technical unit and by the total design parameters, where these are specified for the given code.
First, therefore, you need to know exactly what the technology does.
A designation such as:
"production line",
"paint shop",
"boiler",
"grinding shop"
or "recycling"
is not enough.
For correct classification, it may be necessary to know, for example:
- the total rated thermal input,
- the electrical input of the technology,
- the design capacity in t/year, t/day or m³/day,
- the consumption of organic solvents,
- the volume of process baths,
- the size of stockpiles,
- the type of fuel,
- the type of material processed,
- the way emissions are discharged,
- the number of technological units at the site.
Only from this information can you reliably determine whether the technology falls under a specific code in Annex 2.
The design parameter decides, not just actual production
Another common mistake is the argument:
"But we do not produce that much."
This may not be decisive for the classification.
For many codes in Annex 2, the Act works with the total design capacity, design output, design consumption or rated thermal input.
If, for example, a line is technically designed for a higher capacity, its classification cannot automatically be derived merely from current low production.
This is important especially for new equipment that is to be used only partially in the first years.
In practice: When checking the classification, always work with the data sheet and the maximum design capacity of the technology. The figure "how much we actually produce now" is different information.
Typical examples of listed sources
Annex 2 contains a large number of technologies. Below are only some common examples that we encounter in industrial operations.
Boilers
The combustion of fuels in boilers falls under code 1.1 at a total rated thermal input exceeding 0.3 MW.
Pay attention to the difference between thermal output and thermal input.
A manufacturer may, for example, state a boiler output of 300 kW, but its rated thermal input will be higher. For classification, it is therefore necessary to work with the correct technical parameter.
Reciprocating internal combustion engines
Cogeneration units and diesel generators may fall under code 1.2, again according to the total rated thermal input.
For standby diesel generators, it is important to distinguish between the classification of the source itself and the special regime for some operating and emission obligations when the number of operating hours is limited.
Surface treatment
Surface treatment of metals, plastics or other objects may fall under code 4.12.
Annex 2 works, among other things, with the total design volume of process baths. It lists a category from 1 m³ to 30 m³ inclusive, a higher category above 30 m³, and also covers some processes without the use of baths.
This is exactly where it is clear why the permit obligation cannot be assessed merely by the crosses in columns A to C.
Grinding of metals and plastics
The grinding of metals or plastics is listed under code 4.13 at a total electrical input of 100 kW or more.
For a larger grinding shop, you therefore need to know the sum of the relevant inputs of the technology, not just the output of a single machine.
Welding
The welding of metal materials is listed under code 4.14 at a total electrical input of 1,000 kW or more.
For extensive welding shops, it is therefore advisable to check the total input of the welding technology already at the design stage.
Recycling lines and construction materials
Code 5.11 covers, among other things, the processing of stone and mineral raw materials, the production of construction materials or concrete, and recycling lines for construction materials at a total design capacity of 25 m³ per day or more.
For these operations, it is often not only the crusher or screen itself that is addressed, but also handling, transport, stockpiles and dust-control measures.
Synthetic polymers and composites
Code 6.5 covers, among other things, the production or processing of synthetic polymers or composites at a total design capacity of 100 t per year or more or at a total design consumption of organic solvents of 0.6 t per year or more.
This may be important, for example, for the production of composites, lamination or some plastic production.
Stockpiles of bulk materials
If the handling of bulk material cannot be classified under another specific code in Annex 2, code 12.1 may be considered.
It covers the handling of bulk materials, including their storage in open areas, at a total design stockpile area of 3,000 m² or more, with the exception of construction sites.
However, this code is applied only if the source cannot be classified under another specific code in the annex.
Specific technology first, general emission codes only afterwards
The Act lays down an important order of classification.
First, a specific technological code in Annex 2 is sought.
Only if the source cannot be classified under any of the specific codes can classification by emissions under codes 11.1 to 11.9 be considered or, for bulk materials, under code 12.1.
It is therefore not possible, for example, to take a paint shop that has its own specific code and instead classify it arbitrarily by the general amount of VOC.
Likewise, code 12.1 is not a universal code for every stockpile in an operation.
Beware of the aggregation of sources
A single smaller technology may be below the relevant threshold, but several technologies on one site may change the situation.
The Act therefore contains aggregation rules.
In general, for sources that by type fall under the same code and are located at the same site, rated thermal inputs or design capacities may be added together under stipulated conditions.
The Act also contains special rules for combustion sources, the use of organic solvents and some other categories.
It is therefore not correct to automatically assess every boiler, every line or every workstation separately.
A typical problem may be, for example, several boilers, several process baths or multiple parts of the same production process.
In practice: If you have several similar installations at one site, the question of aggregation is one of the first things to check when classifying them.
What it means when a source is listed
If a technology falls under Annex 2, the operator must operate it on the basis of and in accordance with an operating permit issued by the regional authority.
Among other things, the permit contains the classification of the source under the relevant code, the permitted capacity, output or rated thermal input, and binding operating conditions.
Depending on the specific source, it may stipulate, for example, emission limits, technical operating conditions, the method of determining emissions, operating parameters or conditions for extraordinary and emergency states.
If Annex 2 marks a source in column C, the operating permit also includes operating rules.
The operating permit must be dealt with before the technology is put into regular operation
For a new project, air protection must be addressed already during its preparation.
The regional authority issues a binding opinion on the permitting of a project containing a listed stationary source and subsequently the operating permit.
The Act also provides that, without an operating permit, it is not possible to issue an occupancy approval decision, a decision on early use or a decision permitting or ordering trial operation of such a source under the Building Act.
The classification of the source is therefore not an administrative detail that can be dealt with after construction is completed.
Will I need an expert report, a dispersion study and operating rules?
Not necessarily all of them.
The scope of the documentation depends on the specific source code, the permitting phase and statutory exemptions.
Using columns A to C, Annex 2 shows whether further requirements are associated with the given category. The Act also lays down exemptions, for example for some combustion sources.
It is therefore not advisable to automatically order a dispersion study, an expert report and operating rules merely because the source is a listed one.
First, the source needs to be classified correctly.
Only then can you determine which documents are actually needed for the specific procedure.
What to prepare for the initial assessment
For the initial classification of a source, a complete project is usually not needed.
Very often the following is sufficient:
- the data sheet of the equipment,
- a brief description of the technology,
- the maximum design capacity,
- the input or output of the equipment,
- the type and consumption of fuel,
- the consumption of organic solvents, if they are used,
- the volume of process baths,
- the number of identical or similar installations at the site,
- the method of extraction and the number of stacks,
- a simple site plan or floor plan,
- the existing operating permit, if other sources already exist on the premises.
From this information, it is usually possible to determine which code in Annex 2 comes into consideration and what will need to be addressed next.
What if you are still unsure after studying the annex
Some technologies can be classified unambiguously. For others, there may be two or more reasonable options.
The Act contains a special procedure for these cases.
In case of doubt as to whether a source is a stationary source listed in Annex 2, the regional authority decides on the basis of the operator's application or ex officio.
If the regional authority decides that a source already in operation is a listed one, the Act gives the operator a period of 90 days from the decision becoming final to submit an application for an operating permit.
For borderline cases, it is therefore better to resolve the classification in advance than to operate the technology for several years on the basis of an incorrect assumption.
We have older technology and have never dealt with a permit
Such a situation deserves a quick check.
First, it is necessary to determine under which code the technology falls according to the current wording of the Act, and whether any previous legislative changes or transitional provisions applied to it.
If the source is one that requires an operating permit, it is not advisable to deal with the problem merely by "adding an emission measurement".
An emission measurement does not in itself replace an operating permit.
The Act obliges the operator of a listed source to operate it only on the basis of and in accordance with an operating permit. Operating a source without the required permit may also lead to a decision to shut down operation.
We therefore recommend first reviewing the legal and technical status of the source and then preparing the correct procedure for obtaining the missing permit.
Typical mistakes in classifying sources
A very common mistake is to use output instead of rated thermal input for a combustion installation.
Another mistake is to assess actual production instead of design capacity.
It is also problematic to assess each installation separately without checking the aggregation rules.
For technological sources, it is sometimes forgotten that Annex 2 does not contain only "large chimneys". A listed source may be, for example, a grinding shop, surface treatment, a welding shop, a recycling line or the handling of bulk materials.
And a very common misconception is reading columns A to C as if a cross decided on the need for an operating permit.
It does not.
What is decisive is the listing of the source under a code in Annex 2 itself.
What you can send us for assessment
If you are installing new technology or are unsure about the classification of an existing source, send us the data sheet of the equipment, a brief description of the process, the design capacity, the input or output, data on fuel or solvents, information on extraction and any existing operating permit.
From these documents, we will check whether the technology may fall among listed stationary sources, which code in Annex 2 comes into consideration and which further steps will need to be prepared.
Depending on the specific source, the need for an operating permit, an expert report, a dispersion study, operating rules or an authorised emission measurement can then be determined.
You will find more information on the page NATURCHEM Services.
Brief summary
The basic question is: is the technology listed in Annex 2 to the Air Protection Act?
If so, it is a listed stationary source and its operation requires an operating permit.
Classification is carried out according to the type of technology and its design parameters. Inputs, capacities, solvent consumption, bath volume or stockpile area may be important. With several installations, the aggregation rules must also be checked.
Columns A, B and C in Annex 2 do not determine whether a source needs a permit. They determine further requirements associated, for example, with a dispersion study, compensation measures or operating rules.
The safest course is therefore to verify the classification before ordering and installing new technology.
Factual basis of the article
The basic regulation is Act No. 201/2012 Coll., on Air Protection.
Annex 2 to this Act and the provisions on the classification of stationary sources and on aggregation rules are key to deciding whether a source is a listed one.
Sections 11 and 12 of the Act govern binding opinions, operating permits and binding operating conditions.
Section 13a governs the procedure where there are doubts as to whether a stationary source falls under Annex 2.
The obligations of the operator of a listed stationary source, including the obligation to operate it on the basis of and in accordance with an operating permit, are governed by Section 17.
More detailed technical requirements, emission limits, the method of emission measurement, operating records and other rules are laid down in Decree No. 415/2012 Coll..