Introduction
With the objective of establishing a structured framework regulating the grant, refusal and cancellation of consents granted under the Air (Prevention and Control of Pollution) Act, 1981 ("Air Act"), and the Water (Prevention and Control of Pollution) Act, 1974 ("Water Act"), the Ministry of Environment, Forest and Climate Change notified the Control of Air Pollution (Grant, Refusal or Cancellation of Consent) Guidelines, 2025, and Control of Water Pollution (Grant, Refusal or Cancellation of Consent) Guidelines, 2025 (collectively hereinafter referred to as "Guidelines"), under the respective legislations.
Key Regulatory Changes
Prior to notification of the Guidelines:
- Separate applications were required to be made for grant of consent under Air Act, Water Act and Hazardous and Other Wastes (Management and Transboundary movement) Rules, 2016, as amended from time to time ("Hazardous Waste Management Rules");
- There was no uniform policy on the period for which the consent to establish/consent to operate shall be valid. Different states usually prescribed different validity periods;
- There was no statutory timeline for renewal of consent to operate;
- The legislation did not provide for restrictions on location of an industrial plant and therefore, each state had its own industrial sitting/locational policy governing the location of an industrial plant;
- There were no express grounds on which the grant of consent could be refused/cancelled by state pollution control board; and
- Functioning of state pollution control boards were not monitored. Further, no provision was made to monitor, on a real time basis, the continuous emission/effluent discharged by an industrial plant.
The Guidelines have introduced the following key regulatory changes in the consent obtaining process:
- Common consent and authorisation for hazardous waste
and other wastes: A single-step procedure has been adopted
for granting consent under section 21 of the Air Act along with
authorization under the Hazardous Waste Management Rules. A similar
procedure has also been adopted for grant of consent under section
25 of the Water Act together with an authorisation under the
Hazardous Waste Management Rules.
- Period for granting of consent: Every
application filed for obtaining consent shall be granted/refused,
as the case may be, within such period from the date of receipt of
application, as is specified hereinbelow:
Application Period (in days) Red Orange Green Grant or refusal of consent to establish 60 45 30 Grant or refusal of consent to operate, first time 90 60 30 Grant or refusal of renewal of consent or expansion or amendment 120 60 30
In case the application is not decided within the stipulated time, the same shall be referred to the state level monitoring committee which shall dispose of the application within 30 (Thirty) days from the date of its receipt.
- Period of validity of consent: The Guidelines
provide for a uniform period during which the consent shall be
valid. The consent to establish shall be valid for a period of 5
(Five) years, extendable by a maximum period of 2 (Two) years
whereas the consent to operate shall be valid for a period of: 5
(Five) years, in case of red category; 10 (Ten) years in case of
orange category; 15 (Fifteen) years in case of green category; and
additional 2 (Two) years on case of blue category.
- Grant and renewal of consent to operate: An
application for grant of consent to operate shall contain
particulars of compliance report of conditions stipulated in the:
(i) consent to operate; and (ii) environmental clearance, if
applicable
The Guidelines prescribe a specific procedure governing renewal of consents. In order to encourage early applications for renewal of consent to operate, the Guidelines provide for a rebate of 5% (Five Per Cent) on the fees in case the application for renewal of consent to operate is submitted 4 (Four) months prior to expiry of the validity period. Further, in case of delayed applications a late fee, ranging from 25% (Twenty Five Per Cent) till 100% (One Hundred Per Cent) of the fee, shall be imposed depending on the period within which an application for renewal of consent to operate is made. Furthermore, the Guidelines mandate clear timelines for processing and granting of renewal of consent to operate. Additionally, every application for renewal of said consent is required to contain particulars of:- compliance report of conditions stipulated in the consent to operate;
- compliance report of the conditions stipulated in the environment clearance, if applicable;
- submission of Environmental Statement as specified under the Environment (Protection) Rules, 1986;
- submisson of annual returns as specified under the Hazardous Wastes Management Rules; and
- declaration on no change in the manufacturing process, production capacity, pollution load, emissions.
- Uniform location criteria established: The Guidelines specifically provide for maintenance of a minimum distance, from water body, settlement, educational institutions, ecological zones, etc, while setting up an industrial plant.
- Strict grounds for refusal/cancellation of consent: The Guidelines detail the grounds upon which the grant of consent may be cancelled/refused. These include non-compliance with location norms, emission and effluent standards, and court orders, as well as failure to install prescribed pollution control equipment. Any variation in the approved manufacturing process or a submission of false or incomplete information could also lead to cancellation. Before revoking consent, state pollution control boards are required to provide a reasonable opportunity for a hearing, reinforcing procedural fairness.
- Oversight monitoring mechanism: The Guidelines prescribe for establishment of a state level and national level monitoring committee to ensure implementation thereof. Further, it provides for a continuous online monitoring system for monitoring the effluent/emission discharged by an industrial plant.
- Another noteworthy change is the introduction of a single-window digital platform, preferably within a year, which shall centralise all application processing, inspections, and approvals, thereby, ensuring transparency, and efficiency.
Conclusion
The Guidelines represent a substantial regulatory transformation, aiming to streamline approval processes while reinforcing compliance standards. With defined timelines and increased transparency, the framework brings greater predictability. State/national level monitoring committees have now been established to monitor the functioning of state pollution control boards. By enforcing stricter compliance and enhancing regulatory oversight, the introduction of Guidelines promote transparency and greater accountability.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
