29^th January 2025: MoEF&CC Gazette of India Notification : G.S.R. 84 (E).

 

 

 

The Control of Air Pollution (Grant, Refusal or Cancellation of Consent) Guidelines, 2025.

 

This Uniform Code for Consent to Establish (CTE) and Consent to Operate (CTO) introduces standardized regulations under the Air (Prevention and Control of Pollution) Act, 1981 to ensure industries meet pollution control norms.

 

Key Highlights:

• Industry classification based on pollution potential (Red, Orange, Green, Blue).
• Defined validity periods & structured fee framework.
• Mandatory pollution control systems & real-time monitoring for high-impact industries.
• Minimum distance norms from sensitive areas (water bodies, national parks, residential zones).
• Online portal for applications, renewals & monitoring.

This initiative aims to balance industrial expansion with environmental sustainability, ensuring streamlined approvals while holding industries accountable for compliance.

 

Few important points of Notification:

 

1. Application for Consent & Fees:

 

• Applications for consent to establish/operate industrial plants must use the form specified in the First Schedule and include a fee set by the state government.
• Renewal applications submitted four months (>120 days) before expiry receive a 5% rebate on fees.
• Delays in renewal applications incur late fees / penalty:
  • 25% for 120–45 days before expiry.
  • 50% within 45 days of expiry.
  • 100% after expiry.

Note: All renewal to be applied 120 days prior to expiry to avoid penalty and also to get 5% rebate on fees.

 

2. Validity Period:

 

• Consent to Establish: 5 years (extendable by 2 more years based on application for request of extension).
• Consent to Operate:
  • Red category: 5 years.
  • Orange category: 10 years.
  • Green category: 15 years.
  • Blue category: 15 + 2 years.

 

3. Location Criteria for Industrial Plants:

 

• Minimum distances must be maintained from water bodies, settlements, heritage sites, and protected areas. Examples:
  • Red category industries: 500 meters from water bodies and settlements.
  • Green category industries: 30 meters from water bodies.
• Natural drains must remain undisturbed.

 

4. Grant or Refusal Periods for Consent:

• Consent to Establish: 60 days (Red), 45 days (Orange), 30 days (Green)
• First-time Consent to Operate: 90 days (Red), 60 days (Orange), 30 days (Green)
• Renewal/Expansion: 120 days (Red), 60 days (Orange), 30 days (Green)

 

5. Consent Conditions:

 

• Pollution control equipment must be approved and maintained.
• Chimneys should be connected to online emission monitoring systems as applicable.

 

6. Grounds for Cancellation or Refusal:

 

Consent may be cancelled for reasons such as:

• Location criteria violations.
• Non-compliance with consent conditions, emission standards, or court directives.
• Changes in operations or emissions.
• Providing false information or concealing facts.