Exemption from compliance with Section 21 of Air(PCP)Act, 1981

Notification no:  G.S.R. 702(E)

Notification date: November 12, 2024

Relevant Act/Rule: Air (Prevention and Control of Pollution) Act, 1981
 
Relevant Section/Rule: Section 21
 

On November 12, 2024,  the Central Government, in consultation with the Central Pollution Control Board, exempted the following categories of industrial plants from the application of the provisions Section 21(1) of Air (Prevention and Control of Pollution) Act, 1981:

(a) all industrial plants having pollution index score upto 20 as listed in the Schedule to the notification, subject to condition that such plant shall inform in writing to the State Pollution Control Boards or the Pollution Control Committees; 

(b) all industrial plants which have obtained prior environmental clearance as per the notification of the Government of India in the erstwhile Ministry of Environment and Forests number S.O. 1533(E), dated the 14th September, 2006 issued under the Environment (Protection) Act, 1986 (29 of 1986), in respect of previous consent to establish such plant  

Section 21(1) of the Air (Prevention and Control of Pollution) Act, 1981 deals with the provisions pertaining to ‘Restrictions on use of certain industrial plants’. It provides that  no person shall, without the previous consent of the State Board, establish or operate any industrial plant in an air pollution control area.  Provided that a person operating any industrial plant in any air pollution control area immediately before the commencement of section 9 of the Air (Prevention and Control of Pollution) Amendment Act, 1987, for which no consent was necessary prior to such commencement, may continue to do so for a period of three months from such commencement or, if he has made an application for such consent within the said period of three months, till the disposal of such application.

Subject to the provisions of the Act and this notification, MoEFCC may further issue necessary standard operating procedures for streamlining implementation of this notification, as deemed appropriate.   

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