Permit for the introduction of gases or dust into the air

The obligation to obtain an emission permit covers all installations emitting gases and dust into the air with the exception of installations listed in the regulation of the Minister of the Environment of 2 July 2010 on cases in which the introduction of gases or dust into the air from installations does not require a permit. Most installations whose operation does not require a permit must be notified. Report an installation that emits gases or dust into the air with the help of Interzero's experts!

A list of installations whose operation only requires a notification can be found in the Regulation of the Minister of the Environment of 2 July 2010 on cases in which the introduction of gases or dust into the air from an installation does not require a permit. If your installation is not mentioned there, it is likely that its operation will require a permit. Remember, however, that some installations are exempt from the need to both notify and obtain a permit.

Wondering which of these categories your installation falls into? Interzero's experts will help you identify all your responsibilitiesand then prepare all the necessary documentation. Go to contact form and describe your problem to us and we will send you the most favourable offer for the development of a complete application or submission.

An emission permit should be applied for any operator of an installation emitting gases or dust into the air. In contrast, a permit is not necessary for installations that require a notification or do not require a notification or permit.

A permit to introduce gases or dust into the air shall be issued for a fixed term not exceeding 10 years. It is valid until there are technological changes or an increase in the scale of production that affect emissions. A modernisation or reconstruction of an installation therefore usually requires a new application and a new permit.

An application for a permit to introduce gases or dust into the air shall include:

1. identification of the operator, his residence or registered office address,
2. the address of the plant on whose premises the installation is operated,
3. information on the title to the installation,
4. information on the type of installation, the equipment and technology used, and the technical characteristics of the sources and emission sources,
5. assessment of the technical condition of the installation,
6. information on the type of activity conducted,
7. description of the assumed operational alternatives of the installation,
8. a (general) process block diagram with a mass balance and the types of materials, raw materials and fuels used, relevant to the requirements of environmental protection,
9. information on the energy used or produced by the installation,
10. the amounts and sources of, or places of, emissions - actual and proposed - during normal operation of the installation and under abnormal conditions, in particular start-up and shut-down operations. The information shall contain an indication of the emissions of gases or dust into the air, expressed in kg/h and Mg/year, and, in the case of installations for which emission standards are set, also in the units in which these standards are expressed,
11. information on planned periods of operation of the installation under abnormal conditions,
12. information on existing or predicted environmental impacts of emissions,
13. the results of measurements of the emissions of the installation where such measurements were required,
14. changes in emissions if these have occurred after the installation's last permit,
15. the proposed measures, including a specification of the technical measures to prevent or reduce the emissions, and, if the measures are to be carried out during the period for which the permit is to be granted, the proposed date for their completion,
16. the proposed procedures for the monitoring of the relevant technological processes with regard to the environmental protection requirements and in particular for the measurement or recording of emissions. The information should indicate the location of the sites for emission measurements of gases or dusts discharged into the air and the proposed scope, methodology and method for such measurements,
17. the declared date and method of cessation of operation of the installation or of the designated part thereof which does not pose a risk to the environment, where cessation of operation is anticipated within the period for which the permit is to be granted:
    (a) the declared total duration of continued operation of the installation, where this has an impact on the determination of the environmental protection requirements, and the declared means for documenting that duration, (b) the declared commissioning date of the installation, in the case of implementation of a new installation,
18. the length of time for which the permit is to be issued,
19. the annual operating time of sources and sites introducing gases or dust into the air,
20. determination of the types and amounts of gases or dust introduced into the air per unit of raw material, material, fuel or product used,
21. a description of the area within a range of 50 times the height of the highest point of gas or dust introduction into the air, taking into account the areas subject to protection under the provisions of the Nature Conservation Act and the Act of 17 June 1966 on health resorts and spa treatment,
22. determination of aerodynamic roughness of the terrain,
23. the current state of air quality,
24. determination of meteorological conditions,
25. the results of calculations of the state of air quality, including modelling methodologies, together with a graphical representation of those results,
26. the list of emission sources, installations, technical measures to prevent or limit emissions and the list of substances subject to the obligation to draw up a report referred to in Article 7(1) of the Act of 17 July 2009 on the management system for greenhouse gas emissions and other substances.

Precise guidelines as to the content of the application for a permit to emit gases and dust into the air can be found in Articles 221 and 184 of the Environmental Protection Act of 27 April 2002.

The permit application must be accompanied by:

• a document showing that the applicant is legally entitled to act if the operator is not a natural person,
• a summary of the proposal drafted in a non-specialist language,
• confirmation of payment of stamp duty for the issue of the permit,
• a statement of the size of the company in order to determine the amount of the stamp duty.

If you are acting through an attorney, your application will also be accompanied by a power of attorney and proof of payment of stamp duty on the power of attorney.

Compensation proceedings are a series of measures aimed at reducing the amount of harmful substances in an area where air quality standards are exceeded. This reduction allows new or upgraded installations emitting gases or dust into the air to obtain a permit.

Compensation procedure shall be initiated upon request from the operator of an installationwhich applies for an emissions permit. If air quality standards are exceeded in an area, a compensation procedure is necessary to obtain a new permit.

Interzero experts will prepare the application for compensation proceedings for you. Thanks to many years of experience in proceedings before administrative authorities, we will guide you through the entire permit process, also when compensation proceedings are part of it.

You must obtain a permit to emit gases and dust into the air before putting the installation into operation. Assuming maximum time for the administrative procedure and the decision to become final, we recommend submitting the application a minimum of 3 months before planned commissioning. Remember that obtaining complete environmental documentation and all the appendices for an application can sometimes be time-consuming, so when preparing to launch an installation, it is worth contacting Interzero's experts in advance to start completing the information and appendices well in advance.

An application for a permit to introduce gases and dust into the air shall be submitted:

• to the provincial marshal (i.e. at the marshal's office competent for the location of the installation) in cases:
  • projects and incidents on sites where an installation is operated, which is qualified as a project that may always have a significant impact on the environment within the meaning of the Act of 3 October 2008 on providing information on the environment and its protection, public participation in environmental protection and environmental impact assessments,
  • a project which may always have a significant impact on the environment, within the meaning of the Act of 3 October 2008 on providing information on the environment and its protection, public participation in environmental protection and environmental impact assessments, carried out in areas other than those listed in point 1,
  • waste production permit and integrated permit for municipal installations referred to in Article 38b(1)(1) of the Waste Act of 14 December 2012;
• to the regional director for environmental protection (RDOŚ) in cases involving projects and incidents in closed areas established by the Minister of Defence,
• to the mayor (or the county mayor) in cases of other projects and events.

Yes. The Authority may refuse to issue you with a permit to introduce gases and dust into the air if:

• the installation may cause: deterioration of the environment to a significant extent, danger to human life or health,
• you have not used the appropriate technology in a newly commissioned or substantially modified installation,
• the application relates to the entitlements covered by the decision to revoke or restrict your permit and it has not been 2 years since your permit was finally revoked or restricted,
• the operation of the installation would result in emissions or environmental quality standards being exceeded,
• the installation is a municipal waste treatment facility and does not meet the environmental protection requirements or the requirements laid down for such a facility,
• issuing a permit would be incompatible with the air protection programme in force for the zone in which the installation is located,
• the installation is located within the boundaries of an industrial zone and would result in a breach of the arrangements contained in the decree creating the zone.

The administrative decision to grant or refuse an emission permit shall be issued within 1 month of the submission of the application to the office together with all required attachments. In certain situations, this deadline may be extended up to 2 months, of which the office will always inform the applicant.

The decision rendered will become final 14 days after its notification (unless appealed).

The issue of a new emission permit involves the payment of stamp duty. Its amount depends on the type of activity and the size of the company:

• 506 PLN will be paid by natural persons, micro, small and medium entrepreneurs, as well as those engaged in agricultural manufacturing activities,
• 2011 PLN will be paid by large entrepreneurs.

If the issuance of an emission permit requires a compensation procedure, the fee will be 150% of the rate stated above.

Stamp duty is also included:

• extension of validity or extension of the scope of activities. The rate is 50% of the permit fee,
• an amendment to the conditions of the permit if it concerns a subsequent activity. In this case, the rate is 100% of the permit fee.

Entities that apply for an emission permit by proxy (e.g. Interzero) must also pay stamp duty on the power of attorney in the amount of PLN 17.