The Control of Air Pollution (Grant, Refusal or Cancellation of Consent) Guidelines, 2025 lays out the process by which industries can obtain, renew, or have their consent for operation revoked under the Air (Prevention and Control of Pollution) Act, 1981. The guidelines focus on creating a systematic approach for managing air pollution by regulating industrial emissions.
- Application Process
- Consent to Establish/Operate: Industries must submit an application for consent to establish or operate, which includes a detailed project report and an environmental management plan. The guidelines specify the information required, such as pollution control measures, monitoring systems, and pollution load calculations. Fees must also be paid at the time of application, and there are additional penalties for late submissions.
- Fee Structure and Rebates: The fees for consent applications vary based on the industrial sector (e.g., high-polluting sectors like chemical plants vs. low-polluting sectors). Rebates may apply if applications are made in advance of the deadline.
- Validity and Renewals
- Validity Period: Consents are issued with a specific validity period, depending on the classification of the industrial plant (red, orange, green, blue).
The consent to operate shall be valid for a period of-
(a) five years, in case of industrial plant of red category;
(b) ten years, in case of industrial plant of orange category;
(c) fifteen years, in case of industrial plant of green category.
(d) Additional two years, in case of blue category
- Renewal Process: Renewal applications must be submitted before four months of the current consent expires. If the industrial plant is in good standing with no major violations, the renewal process is straightforward. However, non-compliance or repeated violations could delay or result in a refusal of consent.
- Location Criteria
- Distance Requirements: The guidelines specify minimum distances between industrial plants and sensitive areas such as water bodies, residential zones, or areas designated for wildlife conservation. This is to minimize health risks from air pollution and safeguard the environment.
- Industrial Zones: Industrial plants must be located in designated industrial zones. They are encouraged to adopt green technologies and processes that minimise emissions.
- Pollution Control Equipment and Monitoring
- Equipment Maintenance: Industries are required to install and maintain pollution control devices such as scrubbers, chimneys, and emission monitoring systems to reduce air pollutants. The guidelines set clear performance standards for these systems, which must be regularly tested and certified by recognised bodies.
- Continuous Monitoring: Real-time data on emissions must be sent to the relevant pollution control board, and industries are expected to implement online monitoring systems to track air quality. Any significant deviations must be reported immediately.
- Refusal or Cancellation of Consent
- Violation of Conditions: If an industrial plant violates the stipulated emission limits or fails to maintain its pollution control equipment, the consent can be revoked. The guidelines clearly outline the conditions under which consent may be cancelled, including repeated violations of environmental norms or failure to adhere to court orders or environmental laws.
- Non-Compliance with the Act: Industries that consistently fail to comply with the Air (Prevention and Control of Pollution) Act, 1981, or misrepresent their operations during the consent process could face penalties, including the suspension or permanent cancellation of their consent.
- Monitoring Committees
- National and State Committees: To ensure compliance, both national and state monitoring committees are established under the guidelines. These committees are tasked with overseeing the performance of industrial plants, ensuring adherence to air quality standards, and taking corrective action when necessary.
- Inspection and Reporting: These committees will carry out periodic inspections and audits of industrial facilities to confirm their compliance with consent conditions. Non-compliance may lead to enforcement actions or public notifications of violations.
- Penalties and Actions for Non-Compliance
- Monetary Penalties: In cases where industries violate consent conditions, they may be fined. Penalties increase if the violation is deemed severe or if it is a repeat offence.
- Suspension of Operations: For serious or ongoing violations, operations may be temporarily suspended until corrective measures are implemented, and the plant comes into compliance.
- Environmental and Public Health Impact
- Air Quality Improvement: The overall aim of these guidelines is to reduce the industrial sector’s contribution to air pollution, improving public health and environmental quality. By enforcing stricter consent procedures and continuous monitoring, the government hopes to encourage cleaner technologies and more responsible industrial practices.
- Public Awareness: With clearer standards and more stringent enforcement, these guidelines aim to raise awareness about air pollution and its impacts, leading to better overall compliance across industries.
These guidelines introduce a structured framework to balance industrial development with environmental protection, ensuring that industries adhere to pollution control norms and contribute to cleaner air quality.