The Central Government after the consultation with the Central Pollution Control Board, has issued guidelines on the Control of Air Pollution (Grant, Refusal or Cancellation of Consent), 2025. 

Criteria For Establishment Of Industrial Plant

To protect sensitive areas such as national parks, sanctuaries, wetlands and archaeological monuments, restrictions may be imposed on setting up industrial plants at a location, taking into account technological and scientific developments in industrial planning and manufacturing process.

The industrial plant should comply with respective criteria fixed by the Central Government or the State Government or the Union territory Administration.

While establishing an industrial plant, the following minimum distance shall be maintained, namely:- 

• From the nearest boundary of surface water body (flood plain/ HFL/Red line) as per the revenue records in case of industrial plant of- 

1. Red category: beyond five hundred meters, 
2. Orange category: with effluent generation, beyond seventy-five meters, (B) without effluent generation, beyond thirty meters, 
3. Green category: beyond thirty meters,

• From the settlement, educational institute, worship place, archaeological monuments, national park, reserve forest, heritage site, in case of industrial plant of- 

1. Red category, beyond five hundred meters, 
2. Orange category, beyond two hundred meters, 
3. Green category, beyond one hundred meters. 

• The State Board must ensure that other laws, rules, and regulations, and notifications are complied with by the industrial plant. 
• The natural or storm drain passing through the location of industrial plant should not be disturbed.

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Application Process for Consent and Fees

• The application for Consent to establish or consent to operate an Industrial plant shall be prepared in the form set out under the First Schedule and shall contain the details of the industrial plant and also shall be accompanied by the fee as specified by state government or Union Territory Administration, in accordance with provisions of these guidelines. 
• Every application under section 21 of the Act shall be provided five per cent rebate on fees for submitting application for renewal of consent to operate four months prior to the expiry of the validity period. 
• Every consent renewal application under section 21 of the Act shall be liable to pay late fee, at the rate specified below:

Period of applying

• Between 120- 45 days of the Validity- 25 % of the fee. 
• Between 45 days to till the validity 50 % of the fee.
• After expiry of validity 100 % the fee.

Validity period of consent.

The consent to establish shall be valid for a period of five years from the date it is granted. The validity period of five years may be extended by a maximum period of two years, if an application is made in this regard, thereby making the total period of validity seven years from the date of grant of consent to establish. 

• The consent to operate shall be valid for a period of 5 years, in case of industrial plant of red category.
• The consent to operate shall be valid for a period of 10 years, in case of industrial plant of orange category.
• The consent to operate shall be valid for a period of 15 years, in case of industrial plant of green category. 
• Further two years, in case of blue category. 

Fee for Consent

The fee for consent to establish or operate shall be specified by the state government or union territory administration which should not be more than that specified in the second schedule.

The amount of fee must not be increased by more than ten per cent from the existing amount of fee within the limit prescribed and shall not be increased more than once in two years. Provided that the amount of fee may be reduced any number of times. 

Procedure for making enquiry on application for consent

• Initial Inspection: On receipt of an application for consent, the State Board may assign any of its officers, accompanied by other officers if necessary, to visit and inspect any place or premises under the control of the applicant or the occupier, for verifying the correctness of the particulars provided in the application or for obtaining such further particulars or information, which are essential. 
• Inspection of the Industry Location: The officer may inspect any place or premises where solid, liquid or gaseous emission from the chimney or fugitive emissions from any location within the premises are discharged, and the officer may require the applicant or the occupier to provide him any plans, specifications or other data relating to control equipment or systems or any part thereof that he considers necessary.
• Notice to the Applicant: The officer shall, before visiting any of the premises of the applicant, give notice to the applicant of his intention to do so. 
• To Provide Necessary Information: The applicant shall give all the necessary information to the officer and provide all facilities for inspection which may be necessary.
• To Provide Necessary Documents: The officer may, before or after carrying out the inspection, require the applicant to provide him all the additional information orally or in writing and clarification to produce before him such document which are considered necessary for the purpose of investigation of the application and then the officer may for that purpose request the presence of the applicant or his authorised agent to the office of the State Board. 

Grant of Consent to Establish

Every application for consent to set up an industrial plant shall be made in Form I and must include a description of the industrial plant and should also include the charges for the new plant and the charges in case of expansion, modernization and change in products or process. Before the industrial plant is commissioned.

No industrial plant should be allowed to set up in non-conforming areas or restricted or prohibited Areas.

On receipt of an application for consent, the State Board may delegate any of its officers, Accompanied by such other officers as may be necessary, to visit and inspect any location, place or premises under the control of the applicant or the occupier, for verifying the correctness of the particulars furnished in the application or for obtaining such further particulars or information, which in the opinion of such officer are essential.

Consent shall be granted with following conditions:-

• The control equipment of such specifications as the State Board may approve shall be installed and operated in the premises where the industry is planned to be carried on.
• The control equipment shall be kept at all times in good running condition.
• As per the specifications of the State Board the chimney shall be established in such premises.

Grant Consent to Operate

Once the industrial plant established with the necessary pollution control system and ready to operate, the occupier is required to obtain consent to operate. 

Fill the Form II: Every application of consent to operate an industrial plant under section 21 of the Act shall be made in Form II and shall contain the details of the following and accompanied by fees for grant of consent to operate, with the following reports,: 

• Compliance report of conditions specified in the consent to establish, 
• Compliance report of the conditions specified in the environment clearance, if applicable. 

Inspection by the Officer: On receipt of an application for consent to operate, the State Board may allot any of its officers, to visit and inspect any place or premises under the control of the applicant or the occupier, for verifying the correctness of the particulars specified in the application.  

Granting of Consent to Operate: Consent to operate shall be granted with following conditions-

• The control equipment of such specifications as approved by the State Board shall be operated in the premises where the industry is carried on.
• The existing control equipment, shall not be altered or replaced without the approval of the State Board.
• The control equipment shall be kept in good running condition.
• Chimney, wherever necessary, of such specifications as approved by the State Board should be operated and maintained in the premises, and connected to online continuous emission monitoring system.

Renewal of consent to operate

Every application for renewal of the consent to operate should be made in Form II and contain the particulars of the following:

• Compliance report of conditions specified in the consent to operate and,
• Compliance report of the conditions specified in the environment clearance.
• Submission of Environmental Statement as specified under the Environment (Protection) Rules, 1986.
• Submission of annual returns as specified under the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016.
• Testimony on no change in the manufacturing process, production capacity, pollution load, emissions. 

Refusal and cancellation of consent 

The State Board may cancel consent before expiry of the period for which it is granted or refuse the renewal of the consent if:

• The industrial plant does not satisfy the criteria relating to location of such industrial plant.
• Non-compliance of conditions of such consent.
• Non-compliance of the conditions under the prior environment clearance.
• Variation in their process and its operations.
• Non-compliance of the emission standards and failure to upgrade the air pollution control devices, fugitive emission control systems or any other prescribed equipment, etc.
• Non-compliance of court directions, guidelines, notifications and standard operating procedures.
• Accidental discharges of effluent or emission causing grave injury to the environment or human health.
• Occurrence of accident resulting in damage to the existing systems and environment.
• Non-payment of any fee, environmental compensation or bank guarantee as may be required.
• If the industrial plant is proposed or set up in a prohibited area.
• Submission of incomplete information or false information or concealment of any material facts pertaining to the industrial plant.

Before the refusal or cancellation of the consent applicant should be given an opportunity to be heard and the reasons for refusal or cancellation of the consent must be recorded in writing and duly communicated to the person to whom the consent is refused.

Conclusion

The Central Board, in consultation with the State Boards, develops an online portal for the purposes of implementation of these guideline. Once the portal is operational, all applications for grant of consent, its renewal, verification, site inspection, refusal or cancellation under Section 21 of the Act in all States and Union Territories will be processed and disposed of through such portal only, preferably within six months or one year from the date of notification of these guidelines. Under Section 21 of the Act, a rebate of five per cent will be provided in the fees for every application submitted for renewal of consent to operate four months before the expiry of the validity period. Every application for renewal of consent to operate must be made in Form II. If the industrial plant does not satisfy the criteria relating to the location of such industrial plant the State Board may cancel the consent before the expiry of the period for which it is granted or refuse renewal of the consent. In case of failure to comply with any provision of these guidelines, the person committing the violation shall be liable for action under the provisions of the Act.