Clearing the Air: Consent Guidelines for Air Pollution, 2025 

The Ministry of Environment, Forest, and Climate Change has issued new guidelines on 29 January 2025, that have been called The Control of Air Pollution (Grant, Refusal or Cancellation of Consent) Guidelines, 2025 (“Guidelines”) in exercise of powers conferred under the Air (Prevention and Control of Pollution) Act, 1981 (“Air Act”).  

These Guidelines provide the procedures and criteria for obtaining, renewing, and potentially losing consent to establish or operate industrial plants that may cause air pollution. In this update, we discuss the key reforms introduced by the Guidelines:  

1. Application Process for Consent and Fees: The Guidelines outline the procedure for obtaining consent to establish or operate an industrial plant (i.e. plant used for any industrial or trade purpose and emitting any air pollution into the atmosphere), as required under Section 21 of the Act. For establishing an industrial plant, applicants should submit Form I. However, Form II is required for operational consent (i.e., consent to operate an industrial plant). Along with these forms, the prescribed fees and relevant industrial plant details must be provided. Previously, a single form was used for both establishment and operation, which often led to procedural inefficiencies. The introduction of separate forms for distinct stages should simplify and streamline the application process, making it more structured. 

2. Rebate on Renewal Fees: To encourage timely renewal, the Guidelines provide for a financial incentive in the form of a 5% rebate on fees. If an applicant submits a renewal request at least 4 (four) months before the expiry of the current consent’s validity period, they are eligible for this rebate.  

3. Late Fees for Non-Renewal: In cases where the consent is not renewed within the stipulated timeframe, the Guidelines impose a one-time additional late fee. The late fee is calculated based on the duration of the delay and ranges from 25% to 100% of the prescribed fee. This graded penalty structure incentivizes timely renewal and discourages non-compliance. 

4. Introduction of Validity Period for Consent: The Guidelines establish a structured validity period for consent in two distinct phases—consent to establish is to be obtained prior to establishing any industrial plant or undertake any process in it and consent to operate is to be obtained once the consent to establish has been granted and is provided to an industrial plant to commence with its operations. For consent to establish, the validity period is 5 (five) years from the date of grant, with a provision for extension up to 2 (two) additional years. This is a significant improvement over the Air Act, which lacked a standardized validity period and left the determination to the respective – state pollution control boards (“SPCB”) or union territory authorities, leading to inconsistencies. 

5. Validity Period for Consent to Operate: The Guidelines specify different validity periods based on the category of industrial activity i.e., for red category: 5 years, orange category: 10 years, green category: 15 years and blue category: 17 years allowing industries to comply with requirements of the Guidelines efficiently and planning the consent renewal accordingly.  

6. Fee Structure for Consent: The Guidelines provide a detailed fee structure under its Schedule II, covering various categories, including fees based on capital investment slabs, annual fees for industrial plants, local bodies, and infrastructure projects (both residential and others). It also includes annual fees for sector-specific activities such as mining, coffee pulping, aquaculture, and establishments relying solely on diesel generators, along with separate fees for consent to establish and consent to operate. 

The prescribed fees in the Guidelines represent the upper limit, allowing state governments to set lower fees at their discretion. Additionally, the Guidelines introduce a cap on fee increases. The fee cannot be increased by more than 10% from the existing amount within the limits prescribed in Schedule II and cannot be revised more than once in 2 (two) years, although it may be reduced any number of times.  

Previously, under the Act, no such upper limit existed, and fee determination was solely at the discretion of the respective SPCB.  

7. Procedure for Enquiry on Consent Applications: The Guidelines empower the SPCB to depute its officers to inspect any premises under the control of the applicant or occupier. These inspections are conducted to verify the accuracy of the information furnished in the consent application and ensure compliance with regulatory requirements. 

8. Common consent, authorization, and other wastes: The Guidelines mandate that the consent process under Section 21 of the Act (i.e., restriction on certain use of industrial plants) must be harmonized with authorizations under the Hazardous and other Wastes (Management and Transboundary Movement) Rules, 2016.  

9. Timeframe for Granting Consent: The Guidelines establish a defined timeline within which the SPCB must process consent applications. If the SPCB fails to respond within the stipulated period, the application will be referred to the State-Level Monitoring Committee, which will oversee and ensure the proper implementation of the Guidelines. This State-Level Monitoring Committee is required to meet at least once every calendar month to address pending matters. Under the Act, the maximum period for granting or refusing consent was 4 (four) months, beyond which the consent was deemed to have been granted. The new framework introduces greater accountability and structured oversight in decision-making. 

10. Location criteria for establishing industrial plant: The Guidelines place restrictions on establishing an industrial plant in sensitive locations such as national parks, sanctuaries, wetlands, and archaeological monuments. It is now mandated that, while establishing an industrial plant, certain minimum distance criteria must be maintained, along with compliance with rules, regulations, and notifications issued by the SPCBs. Furthermore, any natural or stormwater drain passing through the industrial plant’s location must not be disturbed. Previously, there was no uniform minimum distance criterion, and it was up to the SPCBs to issue them. The minimum distance criteria as per the Guidelines are detailed below: 

11. Grant of consent to establish and operate: The grant and renewal of consent to establish and operate are subject to compliance with pollution control standards. Authorities may conduct inspections to assess adherence to environmental norms. Additionally, renewal applications must include compliance reports, environmental statements, and declarations confirming that no significant changes have been made since the previous consent.  

12. Refusal and Cancellation of Consent: The Guidelines empower SPCB to refuse or cancel consent if an applicant fails to comply with regulatory requirements. Such grounds for refusal or cancellation include non-compliance with the Guidelines, failure to obtain prior environmental clearance, variations in operational processes, violation of emission standards, disregard for court orders and notifications, and submission of incomplete or misleading information. However, the Guidelines uphold the principle of natural justice, ensuring that the concerned party is given a reasonable opportunity to be heard before any adverse action is taken. 

13. Monitoring Committees: The National and State-Level Monitoring Committees are responsible for overseeing the implementation and enforcement of the Guidelines. The National Committee convenes quarterly, while the State Committees hold monthly meetings to ensure timely intervention and regulatory compliance. 

14. Online Portal for Implementation: To streamline the consent application, renewal, verification, and inspection processes, the central pollution control board will develop a dedicated online portal within 6 (six) month to 1 (one) year from the notification of the Guidelines. This platform is envisioned as a single-point data repository, enhancing transparency, efficiency, and accessibility in managing and implementing the Guidelines. 

15. Penalties for Non-Compliance: Failure to comply with these Guidelines will attract penalties as prescribed under Chapter VI of the Act. The Act stipulates a minimum penalty of INR 10,000, which may extend up to INR 15,00,000, depending on the severity of the violation. Additionally, offenders may face imprisonment ranging from a minimum of 1.5 years to a maximum of 7 years. 

Our thoughts  

At its heart, these changes reflect a simple yet powerful idea: progress and environmental responsibility must go hand in hand. Economic growth and sustainability are not opposing forces but partners in building a future that lasts. 

Through defined timelines for granting consent and the introduction of an online portal for application and monitoring, the Guidelines make the regulatory process more efficient while reinforcing strict compliance with pollution control norms. The Guidelines also empower SPCBs to incorporate additional conditions based on local requirements, ensuring adaptability without compromising on environmental standards. This balanced approach would enable in creating a framework where businesses can thrive responsibly within a protected environment for generations to come. 

The information contained in this document is not legal advice or legal opinion. The contents recorded in the said document are for informational purposes only and should not be used for commercial purposes. Acuity Law LLP disclaims all liability to any person for any loss or damage caused by errors or omissions, whether arising from negligence, accident, or any other cause.