Regulation on Management of Industrial Emissions will be in force in 2025

Overview

The Financing Opportunities for Green Transformation Report, updated quarterly by the Ministry of Trade, has emphatically put green transformation in industry on the agenda. The Draft Regulation on the Management of Industrial Emissions (“Draft EEY”), planned to be effective by 2025, has been submitted for public comment by the Ministry of Environment, Urbanization and Climate Change (“Ministry of Environment”). It aims to minimize air, water and soil pollution by reducing industrial emissions and waste at source and envisages greater integration of companies into national sustainability and green transformation processes.

The Reduction of Industrial Emissions Project in Türkiye, announced on the World Bank’s website, allows for USD 416.70 million in outsourced loans to the most environmentally friendly industrial facilities. The financing body will be the Development and Investment Bank of Türkiye which is the Permanent Coordination Board Member of the Ministry of Environment. The project will support applications that reduce NOx, PM and greenhouse gas emissions by considering the Industrial Emissions Management Regulation and Sectoral Communiqués.

Objective and Scope of the Draft EEY

The Draft EEY’s primary objective is ensuring holistic protection of the environment through an integrated pollution prevention and control approach in line with zero pollution targets. Emissions and waste which cause air, water and soil pollution will be reduced at source and the administrative and technical procedures necessary for green transformation in the industrial sector will be established.

The Draft EEY covers the industrial subsectors listed in its annexes including energy production, metal production and processing, minerals, chemicals, and waste management. Research and development activities and nuclear power plants are excluded.

New Regulations and Requirements

1. Green Transformation Certificates: Industrial enterprises will be obliged to obtain a “Green Transformation Certificate in Industry” to certify their activities comply with environmental sustainability principles which will serve as a reference point for assessment and improvements of environmental performance.

2. Emission Limit Values: Industrial enterprises will be obliged to comply with the emission limit values (“ELV”) set out in the Draft EEY. If these limits are exceeded, they must take measures to reduce them and make necessary improvements. In facilities with Green Transformation certification operators will be obliged to comply with the internationally recognized Best Available Techniques (“BAT”) published by the Ministry of Environment.

3. Environmental Sustainability Experts: Industrial enterprises will be regularly audited by environmental sustainability experts who will prepare current status reports and ensure coordination of processes.

Duties, Authorities and Responsibilities

The Draft EEY sets out the duties, authorities and responsibilities of various institutions and organizations. Relevant institutions, particularly the Ministry of Environment, are responsible for supporting and guiding green transformation processes.

Duties of the Ministry of Environment:

»  Establishment of BATs, emission levels associated with BATs (“BAT-EL”), ELVs and related provisions to be applied in the Green Transformation Certificate.

»  Preparation and publication of sectoral BAT and guidance documents.

»  Training, examination, certification, authorization and auditing of environmental sustainability experts.

»  Establishment of national policies on best environmental practices for industry, zero pollution, sustainable consumption and production (and coordination with relevant institutions).

Duties of Provincial Directorates:

»  Dissemination of best environmental practices in industry and coordination with relevant institutions.

»  Participation in compliance reviews and preparation of compliance reports for enterprises.

»  Monitoring and reviewing certified facilities.

Third Party Verification Bodies:

» Conducting conformity review processes and ensuring international recognition.

Certification Process

Applications, evaluation reports and compliance reviews play an important role in certification.

1. Application and Evaluation:

»  Applications will be made electronically according to the activity categories specified in the Draft EEY’s list.

»  The Ministry of Environment will review the application files and request elimination of any deficiencies.

»  Complete applications will be evaluated by the lead experts on environmental sustainability.

2. Conformity Review:

»  Following approval of the assessment report a compliance review, in coordination with the third-party verification body and the provincial directorates of the Ministry of Environment, will be undertaken.

»  Green transformation certificates will be awarded to enterprises deemed appropriate.

3. Review and Renewal:

»  Certified enterprises will be subject to review of their certification every 5 years.

»  Enterprises will be obliged to correct areas of non-compliance identified by the review.

Document Categories and Incentives

Green transformation certificates are issued for existing and new facilities according to the implementation status of BATs. Documents are issued in categories A (100% compliance), B (90% and above compliance), C (80% and above compliance), D (70% and above compliance), E (60% and above compliance) and F (50% and above compliance) according to the level of compliance with BATs.

If more than one of an enterprise’s activities falls within the scope of Annex-1, only those that meet the regulation’s requirements will be certified and indicated on the certificate. Facilities with emissions less than BAT-ELs will be classified in appropriate categories.

Enterprises must not fall below the minimum level D after a review and doing so will result in revocation of certified status.

Certified enterprises can apply for finance including incentives, grants and loans. Incentive programs consider document categories.

Transition Period

New facilities are obliged to obtain at least level D certification as of the effective date of the regulation (01.01.2025). Existing facilities are obliged to obtain at least F level certification by 31.12.2028 and at least D level industrial certification by 31.12.2030.

Sanctions and Legal Liabilities

Under the Environmental Law non-complying enterprises may be subject to significant financial penalties, legal liabilities, and temporary or indefinite suspension of business activities. In this context, significant financial penalties, legal liabilities and administrative sanctions such as partial or total, temporary or indefinite suspension of activities may be imposed on enterprises.

Conclusion

The “Regulation on the Management of Industrial Emissions” represents an important step in Türkiye achieving its environmental sustainability goals. Compliance will both contribute to the reduction of pollution and improve long-term sustainability and competitiveness – all applicable companies should therefore ensure they understand and implement its requirements.