The government has published the Control of Air Pollution (Grant, Refusal or Cancellation of Consent) Guidelines, 2025 and the Control of Water Pollution (Grant, Refusal or Cancellation of Consent) Guidelines, 2025. These guidelines were published on January 29 and 30, 2025.
These guidelines outline the procedures and criteria for obtaining, renewing, and potentially losing consent to establish or operate industrial plants that may cause air and water pollution. These guidelines aim to streamline the consent process while ensuring environmental protection.
Key Highlights of the Guidelines
Application Process
Applications for consent to establish or operate must be made using specified forms (Form I for establishment, Form II for operation) and include relevant plant details and the required fees. A 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 years, extendable by up to two years (total seven years). Consent to operate validity varies by industry category (red: 5 years, orange: 10 years, green: 15 years, blue: 17 years).
Fees
Fees for consent are determined by state governments/UT administrations but cannot exceed the limits specified in the guidelines’ Second Schedule. Fee increases are capped at 10% and can occur no more than once every two years. Fees can be reduced any number of times.
Enquiry Procedure
Upon receiving an application, the State Board may conduct site visits and inspections to verify information and collect necessary data. Officers conducting inspections must provide prior notice to the applicant.
Common Consent
A single application process is established for consent under Section 21 of the Air Act and Section 25 of Water Act and authorization under the Hazardous and other wastes (Management and Transboundary movement) Rules, 2016, for managing hazardous waste.
Timeline for Consent Decisions
The guidelines set specific timelines for granting or refusing consent, varying by industry category (red, orange, green) and type of consent (establish, operate, renew). 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 investigate delays and recommend disciplinary actions as needed.
Location Criteria
The guidelines specify minimum distances between industrial plants and sensitive areas like water bodies, settlements, educational institutions, and protected areas. These distances vary based on the industry category. Compliance with other relevant laws and regulations is also required.
Grant of Consent to Establish
Consent to establish requires compliance with location criteria and other conditions, including the installation and operation of approved pollution control equipment.
Grant of Consent to Operate
Consent to operate is granted after the plant is established, and the required pollution control systems are in place and ready to operate. Applications must include compliance reports. Continuous emission monitoring systems are required as applicable.
Renewal of Consent to Operate
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.
Refusal and Cancellation of Consent
Consent can be refused or cancelled for various reasons, including non-compliance with location criteria, consent conditions, environmental clearance conditions, emission standards, court orders, or for submitting false information. A reasonable opportunity for a hearing must be provided before any refusal or cancellation.
