Uniform Consent Guidelines under Air and Water Acts Explained

Context

The Government has amended the Uniform Consent Guidelines notified under the Air (Prevention and Control of Pollution) Act, 1981 and the Water (Prevention and Control of Pollution) Act, 1974 to further streamline the consent mechanism for industries across all States and Union territories.

Key highlights of the Amendment

• Uniform national consent framework:  The amended guidelines reinforce a common, transparent and accountable framework for granting, refusing or cancelling Consent to Establish (CTE) and Consent to Operate (CTO) across the country.
• Consolidated Consent and Authorisation: State Pollution Control Boards (SPCBs) can issue a single integrated approval covering consents under the Air and Water Acts along with authorisations under Waste Management Rules, reducing multiple applications and approval timelines.
• Validity of Consent to Operate (CTO):  Once granted, CTO will remain valid until cancelled, eliminating the need for periodic renewals while ensuring continued enforcement through inspections and cancellation in case of violations.
• Reduced approval timelines:  The processing time for granting consent to Red Category industries has been reduced from 120 days to 90 days.
• Role of Registered Environmental Auditors: Certified Registered Environmental Auditors under the Environment Audit Rules, 2025 are authorised to conduct site inspections and compliance verification, supplementing SPCB inspections.
• Special provisions for Micro and Small Enterprises:  For MSMEs located in notified industrial estates, Consent to Establish is deemed granted upon submission of a self-certified application, as the land is already environmentally assessed.
• Shift to site-specific siting criteria:  Rigid minimum-distance norms are replaced with site-specific environmental assessment, allowing authorities to prescribe safeguards based on local ecological and social conditions.
• Flexible CTO fee structure: States and UTs may levy a one-time Consent to Operate fee for a period ranging from 5 to 25 years, reducing repetitive administrative and financial burdens.
• Clarity in capital investment definition:  A uniform definition of ‘capital investment’ has been introduced to remove ambiguity in consent fee assessment and ensure consistency across States.
• Retention of environmental safeguards:  Provisions for refusal or cancellation of consent remain intact in cases of non-compliance, environmental damage, violation of conditions or location in prohibited areas.

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