INTRODUCTION
The Ministry of Environment, Forest and Climate Change (MoEFCC) has issued the Control of Air Pollution (Grant, Refusal, or Cancellation of Consent) Guidelines, 2025 under the Air (Prevention and Control of Pollution) Act, 1981 and the Control of Water Pollution (Grant, Refusal, or Cancellation of Consent) Guidelines, 2025 under the Water (Prevention and Control of Pollution) Act, 1974.
These guidelines outline the procedures and criteria for obtaining, renewing, and potentially revoking consent to establish or operate industrial plants that may cause air and water pollution. The aim is to streamline the consent process while ensuring environmental protection.
Key Highlights of Consent Process:
- Application Procedure: Industries must apply for consent in prescribed forms (Form I for establishment, Form II for operation), accompanied by the required fees. 5% rebate is offered for operation renewal applications submitted four months before expiry. Late fees apply for delayed renewals, increasing with the delay period (25%, 50%, and 100% of the fee).
- Consent Validity: Consent to establish is valid for five (5) years, extendable by up to two (2) years. Consent to operate validity varies by following industry categories:
| Projects | Validity Period (Earlier) | Projects | Validity Period (Now) |
|---|---|---|---|
| Red Category (Large, Medium, Small & Micro scale) | 5 years | Red Category | Valid for 5 years |
| Orange Category (Large, Medium, & Small scale) | 10 years | Orange Category | Valid for 10 years |
| Orange Category (Micro scale) | 10 years | ||
| Green Category (Large scale) | 15 years | Green Category | Valid for 15 years |
| Green Category (Medium scale) | 15 years | ||
| Blue Category | Valid for 17 years |
- Fees: Fees for consent will be determined by respective state governments or Union Territory administrations but cannot exceed the limits specified in the guidelines. Fee increases are capped at 10% and can occur no more than once every two years.
- Common Consent: A single application process is established for consent under Section 21 of the Control of Air Pollution (Grant, Refusal, or Cancellation of Consent) Guidelines, 2025 and Section 25 of Control of Water Pollution (Grant, Refusal, or Cancellation of Consent) Guidelines, 2025 and authorization under the Hazardous and other wastes (Management and Transboundary movement) Rules, 2016, for managing hazardous waste.
- Timelines for Consent: The guidelines set specific timelines for granting or refusing consent, varying by industry category and type of consent applied for. Failure to decide within the stipulated time results in the application being referred to the State Level Monitoring Committee, which must then decide within 30 days. The Committee will review any delays and, if necessary, recommend appropriate disciplinary actions.
- Renewal of Consent: Renewal applications must include compliance reports, environmental statements, annual returns (for hazardous waste), and a declaration of no changes in the manufacturing process, capacity, or emissions.
Grant of Consent to Establish and Consent to Operate:
- Consent to Establish (CTE):
- Application: Submit an application using the prescribed forms, providing detailed plant information and the required fees.
- Compliance: Ensure adherence to location criteria and other conditions, including the installation and operation of approved pollution control equipment.
- Approval: Consent is granted upon verification of compliance with the specified conditions.
- Consent to Operate (CTO):
- Application: After establishing the plant, apply for CTO using the designated forms, including compliance reports and the necessary fees.
- Verification: Authorities assess whether the required pollution control systems are in place and operational.
- Approval: Consent is granted once the plant meets all operational and environmental standards.
Location Criteria: Industrial plants must adhere to specified distance requirements from sensitive areas such as water bodies, national parks, sanctuaries, archaeological sites, and residential zones. These measures aim to minimize environmental impact and safeguard public health.
Grant or Refusal of Consent: Obtaining Consent to Establish (CTE) and Consent to Operate (CTO) necessitates compliance with established pollution control standards. Authorities may conduct inspections to ensure adherence. Renewal applications must include compliance reports, environmental statements, and declarations confirming no significant changes in operations.
Cancellation or Refusal: Consent may be revoked for non-compliance with conditions, location criteria, or emission standards. This provision ensures that industrial operations maintain environmental integrity throughout their operational lifespan.
Monitoring Committees: National and State Level Monitoring Committees are tasked with overseeing the implementation of these guidelines. The National Committee conducts quarterly meetings, while the State Committee meets monthly, to review compliance and address emerging environmental concerns.
Miscellaneous Provisions: A centralized portal for managing consent applications is scheduled for development within one year, serving as a comprehensive data repository. While states can impose additional conditions, they cannot relax the standards outlined in the guidelines. Non-compliance with these guidelines will result in actions under the respective Acts, ensuring strict enforcement of environmental regulations.
These guidelines aim to enhance environmental protection by ensuring that industrial operations adhere to stringent air and water quality standards. Industries are encouraged to familiarize themselves with these guidelines to ensure compliance and contribute to sustainable environmental practices.
Disclaimer
The information provided in this article is intended for general informational purposes only and should not be construed as legal advice. The content of this article is not intended to create and receipt of it does not constitute any relationship. Readers should not act upon this information without seeking professional legal counsel.
