Environmental Permit Exemption: Are You Out of Scope?
Who is this guide for?
This article is for business owners and facility managers who are unsure whether their operations require an environmental permit. The short answer: whether you are exempt, or out of scope, is determined by comparing your facility with the activity lists in the annexes of the Çevre İzin ve Lisans Yönetmeliği (Regulation on Environmental Permits and Licences) currently in force. Below we explain step by step how to make that comparison, what information to prepare and where businesses tend to get stuck in practice.
What does environmental permit exemption and out-of-scope status mean?
Being out of scope means that your activity does not appear in the lists of activities that require an environmental permit. The regulation classifies activities with a high environmental impact and activities with an environmental impact in separate annexes; facilities that are not on these lists do not need to apply for an environmental permit or licence.
There is an important distinction here: exemption is not a separate type of permit, but the result of falling outside the scope. However, parties such as banks, organised industrial zones, municipalities or major customers may sometimes ask for this to be shown in writing. When that need arises, it is possible to request a scope assessment from the İl Müdürlüğü (Provincial Directorate of Environment, Urbanisation and Climate Change).
The subject is particularly relevant to small and medium-sized production workshops, warehouses, service businesses, food processing facilities and facilities whose capacity is close to the list thresholds. The same activity may fall within scope at one business and outside it at another, depending on capacity or the process used. For this reason, the status of a neighbouring or similar business is not a result that applies directly to you.
How is out-of-scope status determined, step by step?
Determining out-of-scope status starts with defining the activity correctly and is completed by comparing it, item by item, with the regulation's lists. The steps below help you carry out this assessment in an orderly, document-based way.
1. Define the activity and all processes
List not only the main activity but also the auxiliary processes at the facility: paint booths, boiler rooms, generators, washing units, chemical storage areas and so on. Some headings in the lists relate not to the main activity but to these auxiliary units.
2. Determine capacity based on documents
Many activities in the lists depend on a threshold for capacity, thermal power or production volume. Determine capacity not by estimate but from the capacity report, the machinery and equipment list and the technical documents of the combustion systems.
3. Compare against each annex one by one
Compare your activity with the headings in both annexes separately. A facility may fall under more than one heading, and a single match is enough to bring it within scope. You can access the current text of the regulation via the Mevzuat Bilgi Sistemi (Legislation Information System).
4. Check emissions, wastewater and noise separately
Even if the facility is not on the lists, these topics may need to be assessed separately if it discharges wastewater to a receiving environment or has a significant emission source. The out-of-scope conclusion should be justified separately for each of these headings.
5. Obtain an official opinion if necessary
In borderline cases or those open to interpretation, applying to the İl Müdürlüğü for an opinion helps prevent disputes later on. Describing the activity, processes and capacity clearly in the application makes the assessment easier.
6. Record the assessment and keep it up to date
The out-of-scope conclusion should be filed together with the information and documents it is based on. When capacity increases, or a new machine or process is added, the assessment should be carried out again from the start.
Documents to prepare and checklist
A sound scope assessment requires documents showing what the facility does, how much it produces and with which equipment. The list below summarises what you should have to hand before starting the assessment:
Activity description and process flow chart (including main and auxiliary processes)
Capacity report or a document showing production capacity
Machinery and equipment list with technical specifications
Thermal power information for boilers, generators and other combustion systems
Types and approximate quantities of raw materials, chemicals and fuels used
Source of wastewater and connection type (sewer, receiving environment, septic tank)
Site plan and facility layout sketch
Business opening and operating licence and, if any, a previous ÇED (Environmental Impact Assessment) decision
Types of waste generated and waste management records
Basing each item on a document makes it easier to demonstrate the reasoning behind your assessment during any later inspection. If any information is missing, it is best to complete it before finalising the conclusion.
Common mistakes and points to watch
A common mistake is assuming that being out of scope means being exempt from all environmental obligations. In fact, a facility that does not need an environmental permit is still subject to general obligations on waste management, zero waste, packaging waste, wastewater and noise.
Other points to watch in practice:
Looking only at the main activity: auxiliary units such as boilers, generators or paint booths can be overlooked.
Declaring capacity incompletely or by estimate: capacity figures that do not match the documents cause problems during inspections.
Taking a similar business as an example: differences in process and capacity can change the result.
Not renewing the assessment after changes: new investments can bring a facility within scope without anyone noticing.
Confusing ÇED with the environmental permit: being out of scope for ÇED does not mean being out of scope for the environmental permit; the two processes are based on separate legislation.
For a facility that is out of scope, the obligation to employ an environmental officer or use an environmental consultancy service is also assessed separately.
Notes for businesses in Antalya
In Antalya, scope assessment is particularly important for tourism, agriculture and food, construction materials and small industrial businesses. Hotels may come under assessment less because of the accommodation activity itself and more because of auxiliary units such as boiler rooms, generators, wastewater treatment plants and laundries.
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On the agriculture and food side, packing facilities, cold storage warehouses and fruit and vegetable processing facilities are frequently encountered examples; the result depends on capacity and the process used. In workshops on small industrial estates, processes such as painting, sandblasting and metal surface treatment should be examined carefully. Construction-related facilities such as concrete batching plants and crushing and screening plants should also always be checked against the regulation's lists.
Frequently Asked Questions
How do I find out whether I need an environmental permit?
You can find out by comparing your activity and capacity with the lists in the annexes of the Çevre İzin ve Lisans Yönetmeliği. If you are not on the lists, you are out of scope. Where you are unsure, asking the İl Müdürlüğü for an opinion or getting support from an environmental consultancy firm is a sensible approach.
Can I obtain a letter showing that I am out of scope?
In practice, businesses can apply to the İl Müdürlüğü with their activity and capacity information to request a scope assessment. Such a letter is useful when parties such as a bank, municipality or organised industrial zone ask for it. It is important that the information in the application is accurate and complete.
If I am out of scope, do I have no environmental obligations at all?
You still have obligations. Even without an environmental permit, general obligations on waste management, zero waste, wastewater and noise continue to apply. Depending on your activity, there may also be registrations and notifications to be made through UÇBS (Ulusal Çevre Bilgi Sistemi, the National Environmental Information System).
What happens if I increase my capacity?
Increasing capacity, or adding a new machine or process, may bring your facility within scope. Renewing the scope assessment before each change therefore helps you avoid the risk of operating without a permit.
Not sure about your facility's status?
When carried out correctly, a scope assessment protects you both from unnecessary applications and from the risk of operating without a permit. To review your facility's environmental permit status together with its documents, you can explore our environmental consultancy services and get in touch with us.
Written by Uğraş Taylan Sevinç, Environmental Engineer, Asel Çevre Danışmanlık.
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