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Shalin Verma
| Updated: 08 Jun, 2022 | Category: Pollution Control Board

Consent to Establish for Green Category Industries

Green Category Industries

Central Pollution Control Board or CPCB was constituted under section 3 of the Water (Prevention and Control of Pollution) Act, 1974[1]. Consent to Establish/Operate/ Renew is granted under sections 25 and 26 of the Water (Prevention and Control of Pollution) Act, 1974 and under section 21 of the Air (Prevention and Control of Pollution) Act, 1981 by the respective SPCBs. Their classification into Red, Orange or Green categories is done based on the Pollution Index (PI), which was developed for the categorisation of Industrial sectors based on their pollution emitting nature. PI is a function of different emissions (air pollutants), effluents (water pollutants), hazardous wastes generated and consumption of resources. CPCB has categorised the following 63 industries into Green Category Industry based on their PI. Any establishment falling in the below-mentioned categories will be classified under ‘Green Category’ and should follow the mentioned steps to acquire a ‘Consent to Establish’. 

Industries falling under Green Category.

  1. Aluminium utensils   
  2. Ayurvedic medicines   
  3. Small Bakery /confectionery   
  4. Polypropylene (PP) film   
  5. Biomass briquettes   
  6. Melamine resins  
  7.  Brass and bell metal utensils   
  8. Candy  
  9. Cardboard / corrugated box  
  10. Carpentry & wooden furniture  
  11. Cement products  
  12. Ceramic colour by mixing
  13. Chilling plant and ice-making  
  14. Coke briquetting  
  15. Small Cotton spinning and weaving  
  16. Dal Mills  
  17. Decoration of ceramic cups   
  18. Digital printing on PVC clothes  
  19. Handling, storage of food grains  
  20. Flour mills  
  21. Electrical Glass, ceramic, earthen potteries   
  22. Glue from starch  
  23. Gold and silver smithy   
  24. Non-polluting Heat treatment  
  25. Insulation /coated papers  
  26. Leather footwear /products  
  27. Blending of Lubricating oil, greases  
  28. Pasted veneers  
  29. Oil mill Ghani    
  30. Packing materials  
  31. Phenyl/toilet cleaner    
  32. Polythene and plastic products  
  33. Poultry, Hatchery and Piggery  
  34. Power looms (without dye and bleaching)   
  35. Puffed rice (muri) (gas or electrical heating system)  
  36. Ready mix cement concrete  
  37. Reprocessing of waste cotton  
  38. Rice mill (Rice hullers only)  
  39. Rolling mill ( gas-fired) and cold rolling mill   
  40. Rubber goods (gas-operated baby boiler)  
  41. Sawmills   
  42. Soap manufacturing  
  43. Spice Blending  
  44. Spice grinding  
  45. Steel furniture  
  46. Grains processing   
  47. Tyres /tube retreating  
  48. Chilling /ice plant   
  49. CO2 recovery   
  50. Distilled water   
  51. Small Hotels  
  52. Optical lenses   
  53. Mineralized water  
  54. Tamarind powder  
  55. Marble stone  
  56. Emery powder   
  57. Fly ash export   
  58. Mineral stack yard  
  59. Oil and gas transportation pipeline   
  60. Seasoning of wood   
  61. Synthetic detergent   
  62. Tea processing  
  63.  Pulverization of bamboo  

Obtaining a Consent to Establish

CPCB has tried to streamline the Consent Mechanism (Consent to Establish and Consent to Operate) in 2017 by directing the SPCBs/PCCs to adhere to the following guidelines.

  • Although CPCB is responsible for coordination between the State Pollution Control Boards (SPCBs) and Pollution Control Committees (PCCs), the Respective SPCBs and PCCs are responsible for prescribing the consent application form, collecting consent fees, site Inspections and Issuance of Consent to Establish (NOC)
  • An establishment will require the previous consent of State Boards to establish or Operate any Industrial Plant in an air pollution-controlled Area. A green category industry will not require any Environmental Clearance.
  • Following the GoI’s initiative of Ease of Doing Business, many states have worked upon simplifying the Consent Application process, like removing irrelevant sections related to details of hazardous chemicals and wastes from the application form. The application usually contains a General Section, a Waste Water Aspect Section, an Air Emission Aspect section and a Hazardous Waste Aspect section.
  • The application may vary as per different standards, which the concerned SPCB/PCC fixes.
  • While every state has its specific requirement, the following set of documents is a mandatory requirement to obtain a Consent to Establish under Green Category.    

Documents Required for Consent to Establish by a Green Category Industry

  • Duly filled Application Form
  • Undertaking in the prescribed format
  • Site Plan or layout plan along with a roadmap 
  • Detailed Project Report with details of emission, effluent, solid waste management plan, raw materials, finished products, manufacturing process including a list of machinery, the capital cost of the unit (land, building, and plant machinery), water-balance, source of water, and its required quantity 
  • Proof of Possession/rent Agreement for the Plot (i.e. rent receipt, land deed, porcha (record of rights), lease document (as applicable) 
  • Industry Registration Documents
  • Any other Document specified in the Application Form

Application Process for obtaining Consent to Establish NOC

  • Application for Consent to Establish is generally submitted at the Regional Office if the application is made offline along with all required documents.
  • In the case of online applications, the form can be submitted at the notified portal along with the requisite fee.
  • The application is forwarded to the inspecting authority. In the case of a Green Category industry, the R.O scrutinises the application and is followed by a site visit by engineers.
  • After preparation of an Inspection Report, the application is forwarded to the approving authority, and a final decision is usually taken within 30 days and up to a maximum of 120 days.
  • In some cases. In most cases, a Provisional CTE is issued. 

Fee for obtaining Consent to Establish NOC

  • The Consent fee that is required to be paid by the establishment depends on factors such as Capital Investment in land
  • Plant and machinery (without depreciation), excluding any capital investment on pollution control equipment.
  • Fee can be paid for a minimum period of one year and upwards.

Conclusion

The introduction of an online mechanism has relatively simplified the procedure for obtaining a Consent to Establish NOC from the government.  But this can still be a challenging task for new entrepreneurs and even existing businesses. A new application for consent and renewals or fixing up of objections raised by the authority after the inspection can be some of the challenges faced by the entity. Moreover, there are instances when a new establishment may find itself not falling under any of the specified industries and may need clarification from the authorities, like in the case of ‘gaushalas’ that were, after deliberation by the Central Pollution Control Board , placed in the Green category of Industries. So with new forms of businesses evolving with time, proper aid and guidance will become quintessential for their growth.

Read our Article:CPCB Producer Responsibility Organization

Shalin Verma

Shalin is a Postgraduate in Applied Sciences from the University of Delhi with a specialisation in Wildlife Forensics. He has an in-depth knowledge of the environment domain and keen interest in curating informative content. Some of his research work includes research on environmental science and transboundary wildlife offences.

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