Updated:17.07.2024
What are the regulations concerning air pollution in Poland?
The emission law included in the Environmental Protection Law aims to establish general requirements regarding emissions into the environment in the context of fundamental assumptions about environmental quality.
According to these regulations, emissions must be conducted in such a way that they do not constitute pollution, which requires precise regulation of the obligations related to environmental protection.
Emission sources
The law distinguishes several groups of emission major sources, such as:
- installations,
- equipment,
- roads,
- substances,
- products.
Specific regulations mainly concern the first group, while requirements for the remaining groups are more general.
Standards and quality requirements
Environmental protection to reduce pollution is closely related to the established quality requirements that must be adhered to. The mentioned emission regulations aim to prevent emissions harmful to the environment and human health and to limit them in such a way that they do not violate environmental quality standards.
The Supreme Administrative Court confirmed that preventing odors also falls within these regulations. Determining when an emission is harmful for clean air is crucial for shaping legal measures regarding emissions. This criterion is based on environmental quality standards and the definition of pollution.
At the EU level, the basic requirements for environmental protection against pollution are regulated by the IED directive, which replaces the previous laws – IPPC directive.
What is the scope of Polish emission permit?
Emission permits concern all installations that emit gases or dust into the atmosphere, excluding certain installations exempted by the regulation of the Minister responsible for the environment.
The main element of the emission permit is the determination of the permissible emission level under normal operating conditions of the installation and under conditions deviating from the normal.
This level should be set so as not to violate environmental quality standards. In practice, however, it often involves referencing general emission standards, which formalizes decisions and deprives them of flexibility.
Application for emission permit and dispersion model
Operators of installations must ensure that their emissions comply with environmental quality standards. The application for an emission permit must include an emission dispersion model, which shows how emissions will meet these standards. This model is a tool for assessing the impact of air emissions on air quality and is necessary to obtain the permit.
Furthermore, regulations give the authority the power to impose certain actions or technical measures on the installation operator. However, their implementation over a period longer than the validity of the permit is not entirely clear, suggesting the need for clarification of regulations.
How long is the emission permit in force?
The emission permit is a decision issued for a specified period, a maximum of 10 years.
Exceptions are water law permits for discharging industrial wastewater, for which the term has been shortened to 4 years.
How are emission standards determined in Poland?
Emission standards include a set of regulations defining permissible emission limits of harmful substances into the atmosphere or waters. In Poland, regulations governing these issues are included in Articles 137, 141, and 144 of the Environmental Protection Law.
According to the provisions of this laws, the obligation contribute to emission standards is clearly defined. Although the phrase ‘the impact of the installation or equipment should not’ seems mild, in the legal context, it has the character of a prohibition.
Emission standards are a key measure for achieving environmental protection goals, defined as permissible emission levels of substances. The principles of their establishment and the entities obliged to comply with them are precisely defined.
It is worth noting that these regulations impose obligations on all entities operating installations and equipment, regardless of their nature or type of activity. In the case of violation of emission standards, the authorities responsible for issuing permits for the emission of harmful substances are obliged to refuse to issue the permit.
However, the lack of clear emission standards can be problematic, which in practice can lead to different interpretations and varied decisions by authorities.
What is the emission trading system? What does the European ETS cover?
The EU Emissions Trading System (EU ETS) based on Directive 2003/87/EC is a key tool of the EU’s climate change strategy. By forcing polluters to pay for greenhouse gas emissions, this system not only helps to reduce emissions but also generates significant revenue to finance the EU’s green transformation.
Operating in all EU member states as well as in Iceland, Liechtenstein, and Norway, the EU ETS covers about 10,000 installations in the energy and manufacturing sectors, as well as aircraft operators flying in the EU and to Switzerland and the UK. This covers about 40% of air emissions in the EU and will be expanded to include maritime transport in 2024.
Cap and trade principle
The EU ETS operates on a ‘cap and trade’ principle, setting a limit on the total amount of greenhouse gases that can be emitted by installations and aircraft operators covered by the system.
This limit is reduced annually to align with the EU’s climate goals, ensuring a constant decrease in emissions. Since its inception in 2005, the EU ETS has effectively reduced emissions from power plants and industrial plants by 37%.
The limit is divided into emission allowances, with each allowance permitting the emission of one ton of CO2 equivalent. Companies must surrender enough allowances each year to cover their emissions, or they face hefty fines.
Allowances can be bought and sold on the EU carbon market, providing flexibility and economic efficiency. Companies that reduce their air emissions can sell surplus allowances or save them for future use.
Gradually limit tightening
The gradually tightening limit creates a predictable shortage of allowances, maintaining their market value and encouraging companies to invest in emission reductions. Since 2013, the EU ETS has generated over €152 billion, most of which has gone to national budgets to support investments in renewable energy, energy efficiency, and low-emission technologies.
Additionally, revenues from the sale of allowances support the Innovation Fund and the Modernization Fund, which drive further low-emission innovation and energy transition efforts.
Fourth phase of EU ETS
Launched in 2005, the EU ETS is now in its fourth trading phase (2021-2030). The legal framework of the system, set out in the ETS Directive, has been periodically amended to meet the EU’s evolving climate goals.
The 2018 revision adjusted the system to the EU’s 2030 climate and energy framework, while the 2021 revision further aligned it with the more ambitious goals of the European Green Deal.
Climate neutrality by 2050
Under the European Climate Law,
with an interim target of reducing net emissions by at least 55% by 2030 compared to 1990 levels. The EU ETS is crucial for achieving these targets cost-effectively.
Fit for 55
Reforms introduced under the ‘Fit for 55’ package include:
- Increasing the overall ambition of the EU ETS,
- Strengthening the Market Stability Reserve,
- Reforming the EU ETS for aviation,
- Implementing rules for monitoring, reporting, and verifying emissions from maritime transport,
- Establishing a Social Climate Fund to support vulnerable groups,
- Introducing a carbon border adjustment mechanism.
These reforms tighten the emissions cap to achieve a 62% reduction in emissions covered by the EU ETS by 2030 compared to 2005 levels. Key changes include:
- extending the EU ETS to maritime transport,
- creating a new emissions trading system (ETS 2) for buildings, road transport, and additional sectors, and
- increasing funding for the Innovation Fund and the Modernization Fund.
FAQ on Air Pollution Regulations in Poland
What are the main objectives of the Environmental Protection Law in Poland?
The Environmental Protection Law in Poland aims to establish general requirements for emissions into the environment. It focuses on reducing air pollution and protecting public health by ensuring that emissions do not violate environmental quality standards. The law covers various emission sources, including installations, equipment, roads, substances, and products.
How does Poland regulate sulfur dioxide and other air pollutants?
Poland regulates sulfur dioxide and other air pollutants through stringent emission standards as defined in the Environmental Protection Law. These standards are based on national ambient air quality standards and criteria pollutants like nitrogen dioxide, particulate matter, and volatile organic compounds.
Operators must apply for emission permits that include dispersion models to show compliance with these standards.
What role does the EU Emissions Trading System (EU ETS) play in Poland’s air pollution control?
The EU ETS is a key tool for reducing greenhouse gas emissions in country. It operates on a cap and trade principle, setting limits on the total amount of greenhouse gases that can be emitted by installations and aircraft operators.
The system covers about 40% of emissions in the many countries in EU, including Poland, and aims to align with the EU’s climate goals by reducing the emissions cap annually.
How are emission permits issued and managed in Poland?
Emission permits in Poland are issued for a specified period, typically up to 10 years. These permits determine the permissible emission levels under normal and exceptional conditions to ensure compliance with environmental quality standards.
Operators must include an emission dispersion model in their application to demonstrate how their emissions will meet these standards.
What measures are in place to control toxic air pollutants from industrial sources in Poland?
Poland controls toxic air pollutants from industrial sources through comprehensive federal law and specific regulations that require installations to meet stringent emission standards. The Environmental Protection Law mandates that emissions must not exceed the permissible levels set to protect public health and environmental quality. Authorities have the power to impose technical measures or actions on operators to ensure compliance.
