The Ministry of Environment, Forest, and Climate Change (MoEFCC) has issued new guidelines under the Air (Prevention and Control of Pollution) Act, 1981, titled the Control of Air Pollution (Grant, Refusal, or Cancellation of Consent) Guidelines, 2025. The new guidelines published on 29 January 2025 provide updated rules for the establishment, operation, and renewal of consents for industrial plants, and include new compliance and monitoring procedures.

Key Highlights:

Application for Consent & Fees:

• Industries must apply for consent in prescribed forms as per the First Schedule and shall be accompanied by the fee specified by state/UT authorities.
• Applications submitted for renewal of consent to operate at least four months before the expiry date will receive a 5% fee rebate under Section 21 of the Act.
• Late renewal fees increase progressively 25% after 120-45 days, 50% within 45 days, 100% after expiry.
• CTE validity varies by category (Red: 5 years, Orange: 10 years, Green: 15 years, Blue category: 2 additional years
• States may set their own fees within the maximum limits, with fee hikes capped at 10% every two years.

Inspection Process: State Boards may assign officers for site inspections to verify application details and request additional information.

Period for granting consent: Applications must be processed within specific timelines:

• For CTE, the decision must be made within 60 days for Red, 45 days for Orange and 30 days for Green category.
• For CTO (first time), 90 days for Red, 60 days for Orange, and 30 days for Green.
• For Renewal, Expansion, or Amendment of Consent, the decision must be made within 120 days for Red, 60 days for Orange, and 30 days for Green
• Failure to grant consent within specific time period will be referred to the State Level Monitoring Committee.

Location Criteria: Industrial plants must comply with distance requirements from sensitive areas (e.g., water bodies, national parks, sanctuaries, and archaeological sites, residential zones).

Grant/Refusal of Consent: Consent to Establish and Operate requires compliance with pollution control standards, and inspections may be conducted. Renewal applications must include compliance reports, environmental statements, and declarations confirming no changes.

Cancellation or Refusal: Consent may be cancelled for non-compliance with conditions, location criteria, or emission standards.

Monitoring Committees: National and State Level Monitoring Committees oversee the implementation of these guidelines, with quarterly and monthly meetings, respectively.

Miscellaneous Provisions: A portal for managing consent applications will be developed within one year, serving as a centralized data repository. States can add conditions but cannot relax the standards outlined in the guidelines.

Non-compliance with these guidelines will result in action under the Act.