Overview of Consent for Establishment (CFE) from SPCB

Consent for Establishment (CFE), also known as Consent to Establish (CTE), is a pollution NOC that regulates the industrial discharge of air emission, wastewater and noise levels. It must be obtained by all businesses, projects and units that have the potential to pollute the environment in their regular line of work. TheNOC, i.e. Consent for Establishment (CFE) from SPCB, is issued by the concerned State Pollution Control Board (SPCB) in a state or a Pollution Control Committee (PCC) in UTs into three categories, i.e. red category industries that are most polluting, orange category industries that cause moderate pollution and green category industries that are mildly polluting. Some states also maintain a list of white or exempted category that doesn't require NOC, but an application informing the board of necessary information about the business is sufficient. SPCB/PCC have been empowered under the Water and Air Act to regulate any such establishment or activity in their concerned jurisdiction. Therefore, before establishing their factory/unit, the project proponent or the entrepreneur must apply for Consent for Establishment (CFE) from SPCB with all relevant documents. Subsequently, after the construction and setup of the unit, the applicant will need the other final consent, i.e. Consent to Operate(CTO), to start the unit's operation.

Procedure for issue of Consent for Establishment

For New units under the Red and Orange Category, the industrial units and projects covered will first have to get registered with the board by filling out a form for registration online at the OCMMS portal of the concerned State Pollution Control Board. After registration, the applicant will be assigned a unique ID and Password.OCMMS is a web-based application software for automating Consent management and monitoring, one of the basic functions of any State Pollution Control Board/ Pollution Control Committee.

With the given credentials, the applicant can apply for Consent for Establishment (CFE) from SPCB in the prescribed form, along with the requisite fee applicable for respective industrial units/ projects mentioned by the board. The CTE so granted shall be valid for the period of 1-5 years, depending on the category of the industry or as mentioned in the project report, whichever is earlier. In case of projects requiring environmental clearance as per provisions of EIA notification, 2006. CTE can be valid for up to 07 years or the date of commissioning, whichever is earlier, subject to the validity of environmental clearance. The industrial units/projects covered under the white category are exempted from Consent Management for obtaining CTE and CTO under Water Act and Air Act.

Documents required for Consent for Establishment (CFE) from SPCB

• Site Plan or Location Plan of the Unit
• Details of the project that includes the raw material details, description of the product that will be manufactured, and capital cost of the unit such as land, plant machinery, building etc.)
• water balance in the region, source of water, and its required quantity
• Land Ownership documents such as Registration deeds/Lease deeds/ Rent deed
• Details of installed water/ air pollution control devices
• MOA /Partnership Deed
• CTE fee
• Signed Undertaking

Application Process for Consent to Establish (CTE) from SPCB

Step 1: Application for Consent for Establishment (CFE) is submitted online and sometimes to the regional office if the application is made offline, along with all required documents. In the case of online applications, the complete application can be submitted at the respective Board's OCMMS portal along with the requisite fee.

Step 2: Submitting Documents: All applications (online/ offline) are forwarded to the inspecting authority after scrutiny of the documents. In the case of a Green Category industry, the R.O. scrutinises the application.

Step 3 Issue of Pollution NOC: After the scrutiny and/or preparation of the initial Inspection Report in case of the site visit, the application is forwarded to the approving authority. A final decision usually takes 120 days from the receipt of a complete application to be processed entirely. In most cases, a Provisional CTE will be issued.

Note: A successful issuance of  Consent for Establishment (CFE) from SPCB or its renewal will not prevent the concerned board from taking action against the defaulting units, including revoking the issued certificate if they fail to comply with any of the provisions of CTE or any relevant provisions of the Air Act, 1981 or the of Water Act, 1974. The consent to establish is granted or refused on the case's merits after examination by the competent authority.

Extension/renewal of Consent for Establishment (CFE)from SPCB

In case the unit/ project is not completed before the expiry of the validity of CTE, the applicant can apply for an extension/renewal of CTE. In such cases, units must follow the procedure prescribed by the respective board based on the self-certification of the industry. The project proponent intending for auto-renewal of CTE must apply through the OCMMS portal of the Board 30 to 90 days (depending on the board) before the date of expiry of the period of previous Consent for Establishment, along with the NOC fees and prescribed documents.

Usually, the CTE will be easily renewed based on self-certification, but only in those cases where has been no change in the process and the manufacturing of the product, raw material or increase in overall capital investment cost on building, land, machinery, or production capacity. Also, the pollution load of the unit will be checked, and if it has remained the same as declared by the unit in the original application submitted earlier during the first CTE, the applicant can be issued renewed CTE. However, CTE can be renewed only for a limited period, subject to the validity of EC if applicable.

Validity of Consent for Establishment (CFE) from SPCB

Consent to Establish (CTE) is usually a one-time activity, and the State Pollution Control Board issues it for 3 to 5 years. Consent to Establish validity period can also depend on the type of industry, such as

Scope of fresh/ renewed Consent for Establishment (CFE)from SPCB

As consent to Establish is required before starting any construction activity for the unit, it must be applied well in advance and with proper documentation. CTE is only the first stage in obtaining pollution NOC after the completion of the construction and installation of all relevant pollution control measures. For issuance of the second part of the NOC, i.e. CTO, a successful site inspection will be done.