The basic rule: compare the change with the permit first
For installations under the IPPC regime, it is not enough to consider only whether the new technology requires a permit under the Air Protection Act, the Water Act or the Waste Act.
First, the planned change must be compared with the existing integrated permit.
Under Act No. 76/2002 Coll., on Integrated Prevention, the operator must notify the regional authority of every planned change in the use, manner of operation or extent of the installation that could have consequences for the environment.
In practice: If a datum stated in the operative part of the integrated permit, or in a document approved as part of it, is changing, it is advisable to examine the need for a permit amendment before the change is implemented.
Typical examples are the capacity of the installation, the type of fuel, the list of wastes, an emission source, a stack, the method of waste water treatment or a binding operating parameter.
Not every change is a substantial change
It is important to distinguish between these.
The Act defines a substantial change as a change in the use, manner of operation or extent of the installation that may have significant adverse effects on human health or the environment.
However, this does not mean that every change of technology automatically requires entirely new IPPC proceedings.
In practice, three situations may arise:
- The change has no impact on the integrated permit and there is no need to amend it.
- The change is not substantial, but the integrated permit needs to be adjusted.
- The change is substantial and more extensive proceedings for amending the integrated permit will take place.
The competent regional authority decides which category a change falls into.
When a change is always considered substantial
The Act stipulates some cases directly.
A change is always considered substantial if, for example, it reaches on its own the threshold values stated in Annex 1 to the Act on Integrated Prevention.
If an operator is adding a new technology or significantly expanding capacity, it is therefore necessary to verify not only the resulting capacity of the whole plant, but also the parameters of the change itself.
Special rules also apply to some changes to waste thermal treatment installations and to cases related to a derogation from the emission levels associated with the best available techniques (BAT).
Which changes we recommend always examining in advance
Notification or an amendment of the integrated permit should be considered in particular in the case of:
- an increase in production or processing capacity,
- installation of a new production line,
- a change of the main technology,
- installation of a new boiler, furnace or cogeneration unit,
- a change of fuel,
- a change of raw materials or chemical substances used,
- a change in the types or quantities of waste accepted,
- a change in the manner of waste management,
- installation of a new emission source or stack,
- a change in emission treatment technology,
- a change in waste water management,
- a significant change in operating hours,
- expansion of storage areas,
- a change that may increase noise, emissions, odour or other impacts on the surroundings.
The size of the investment is not the only deciding factor.
Even a relatively inexpensive change may be significant from the perspective of the integrated permit if, for example, it alters the type of emissions, the handling of hazardous substances or the conditions set in the operative part of the permit.
Example: a new production line
A company holds an integrated permit for two production lines and wants to add a third.
It is not enough merely to check whether the new line physically fits into the hall.
It is necessary to assess, for example:
- the new total capacity,
- emissions to air,
- consumption of raw materials and energy,
- waste,
- waste water,
- noise,
- new stacks,
- the link to BAT,
- any impact on the conditions of the existing integrated permit.
If data stated in the operative part of the permit are changing, an amendment of the permit will usually be required.
Example: replacing equipment with similar equipment
Conversely, replacing an old pump, fan or other technological component with equipment of the same function and similar parameters does not automatically mean a change to the integrated permit.
What matters is whether the operating conditions or the impacts on the environment are changing.
If, for example, a new fan significantly increases the flow of air, alters the emission stack or changes the noise situation, it may no longer be merely a technical replacement.
That is why it is not the name of the equipment that is assessed, but the actual impact of the change.
What happens after the change is notified
The operator describes the planned change to the regional authority and provides the information needed to assess it.
The authority then evaluates its significance.
If the change is not substantial but the integrated permit needs to be adjusted, the regional authority may amend it using a simpler procedure.
If the authority concludes that the change is substantial, it calls on the operator to submit an application for an amendment of the integrated permit. The proceedings are then conducted similarly to the issuing of an integrated permit and may involve a wider range of affected authorities as well as the public.
In some cases, the operator may submit the application for an amendment of the integrated permit together with the notification of the planned change.
Do not make the change first and deal with the paperwork afterwards
The operator is obliged to operate the installation in accordance with the integrated permit.
If it first implements a change that no longer corresponds to the valid conditions of the permit, a problem may arise during an inspection.
This applies, for example, where the permit states a specific capacity, type of equipment, type of fuel, manner of waste management or emission condition and the actual operation is already different.
In practice: For a more significant investment, we recommend carrying out an IPPC check before the technology is ordered. Some permit or BAT requirements may influence the technical solution itself.
Watch the links to EIA, air protection and other regulations
An amendment of the integrated permit does not mean that other regulations do not need to be addressed.
In the case of a larger expansion of operations, EIA may also need to be examined.
A new listed source of air pollution may require an expert report, a dispersion study or other supporting documents.
A change in waste management may require new technical or operational documentation.
For a new technology, it may be necessary to prepare a noise study or verify the impact on waste water.
The advantage of IPPC is that it integrates many environmental requirements into a single permit, but the technical documentation for the individual areas must still be prepared.
BAT may be decisive in a change
For installations under the IPPC regime, it always pays to examine how the change relates to the best available techniques (BAT).
If a new technology is being installed, the authority may assess whether it complies with the relevant BAT conclusions.
This is particularly important for investments in new production lines, emission abatement, combustion plants, waste management or waste water treatment.
For expensive technology, BAT should therefore not be addressed only once the equipment has been ordered or installed.
What to prepare for the assessment of a change
For the initial assessment, the following is usually sufficient:
- the valid integrated permit and its amendments,
- a brief description of current operations,
- a description of the planned change,
- a comparison of capacities before and after the change,
- a technical data sheet of the new technology,
- changes in emissions and stacks,
- changes in waste and waste water,
- data on new raw materials or fuels,
- operating hours,
- a site plan,
- information on any EIA or other proceedings.
It is very useful to prepare a simple comparison of the current state / new state.
The authority can then more quickly identify which parts of the integrated permit the change actually affects.
The most common operator mistakes
The first common mistake is the assumption that if a change does not increase production capacity, IPPC does not need to be addressed.
That is not true. A change of fuel, emissions, waste or the manner of handling hazardous substances, for example, may be significant.
The second mistake is working with an old version of the integrated permit. Over the years of operation, an installation may have ten or more decisions on amendments.
What matters is the current operative part of the integrated permit, including all valid amendments.
The third mistake is starting implementation without prior evaluation. If the authority subsequently classifies the change as substantial, it may significantly affect the investment schedule.
Check the current consolidated version of the permit
Integrated permits and their amendments are published in the IPPC Information System.
After deciding on a change, the authority also issues a consolidated version of the operative part of the integrated permit.
It is precisely the operative part that is essential for the operator. It contains the binding conditions under which the installation must be operated.
Before every more significant change of technology, we recommend comparing the planned state with the current operative part.
What you can send us for assessment
If you are planning a change to an installation under the IPPC regime, send us the valid integrated permit, a brief description of the change, a technical data sheet of the new technology and a basic comparison of current and future operations.
From these documents, we will examine which parts of the integrated permit may be affected by the change and which expert documentation it will be advisable to prepare.
Depending on the specific change, we can at the same time examine the links to air protection, EIA, waste, noise, water, BAT or other environmental requirements.
You can find more information on the NATURCHEM Services page.
Brief summary
The operator of an installation under the IPPC regime must notify the regional authority of a planned change in the use, manner of operation or extent of the installation if it may have consequences for the environment.
Not every change is substantial. The competent regional authority decides on its regime.
The greatest risk arises when a company first changes the technology and only then finds that actual operation does not correspond to the integrated permit.
We therefore recommend that, before any more significant investment, you always compare the new state with the current operative part of the integrated permit and prepare the necessary documentation in good time.
Factual basis of the article
The fundamental regulation is Act No. 76/2002 Coll., on Integrated Prevention.
Section 2 defines the term substantial change of an installation.
Section 16 imposes on the operator the obligation to operate the installation in accordance with the integrated permit and to notify the authority of every planned change in the use, manner of operation or extent of the installation that could have consequences for the environment.
Section 19a regulates the proceedings on an amendment of the integrated permit and the procedure for substantial and non-substantial changes.
Annex 1 to the Act contains the categories of industrial activities and the threshold values relevant, among other things, when assessing a substantial change.
Current integrated permits and their amendments can be found in the IPPC Information System.