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Decree-Law No. 124/2026, that changes the regulations governing air emissions, now in effect

Decree-Law No. 124/2026, that changes the regulations governing air emissions, now in effect

Decree-Law No. 124/2026, dated June 26, has been published, amending the regulations on air emissions and strengthening companies’ obligations.

-Scope:

Inclusion of activities related to the collection, treatment, and disposal of waste and the recovery of materials (except for combustion <1 MW)

-Frequency of MIC Monitoring:

Every 3 years: for nominal thermal capacities of 1–20 MW

Annually: > 20 MW

- Reporting/Records:

Immediately notify the competent authority, without undue delay, in the event of planned changes to the MICs that may affect the applicable emission limit values.

Retain for at least 6 years: data and information on the STEG for emission reduction to comply with emission limit values (ELVs), monitoring results, annual reports, potential corrective measures, and a surveillance program in the event of noncompliance.

- Non-compliance with ELVs:

IMMEDIATELY report any non-compliance with ELVs to the competent authority.

Report the corrective measures taken in response to the non-compliance within a maximum of 48 hours and maintain a record of these measures until compliance with the permitted ELVs is achieved.

- Laboratory fume hoods:

In the case of laboratory fume hoods, which are not subject to ELVs, the maximum height of their exhaust stacks must always be at least one meter higher than the maximum height of the building in which they are installed.

Given the absence of official guidelines from the APA/CCDR regarding the procedure for MICs with an active five-year monitoring regime at the time Decree-Law 124/2026 took effect, the recommendation is to request a case-by-case evaluation of the monitoring regime.

 CTIC can assist in formalizing this request. Please contact us.

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