Air pollution is one of the most pressing environmental challenges of our times. With growing industrialization, urbanization, and development, the burden in terms of pollutants in the environment has significantly increased.
In an endeavour to tackle this growing issue, the Central Government, in consultation with the Central Pollution Control Board (CPCB), has introduced the Control of Air Pollution (Grant, Refusal, or Cancellation of Consent) Guidelines, 2025.
According to the Control of Air Pollution (Grant, Refusal, or Cancellation of Consent) Guidelines, 2025, a structured framework for grant, renewal, and rejection of consent for industries to operate while ensuring compliance with environmental regulations is envisaged.
The new guidelines promote sustainable development in the industries by setting certain requirements for the establishment of industrial factories, streamlining the process of application, and imposition of stringent compliance provisions. Apart from that, a transparent and digitalized system for regulatory approvals and tracking mechanisms is incorporated by them.
In this blog, we will understand the essential aspects of these guidelines, their impact on industries and the environment, and the penalty for non-compliance.
Criteria for Establishment of Industrial Plants
To safeguard ecologically sensitive areas and settlements, the guidelines outline specific location-based restrictions on the industries. The placement of the industrial unit is determined by its categorization and distance from residential areas, national parks, wildlife habitats, and water bodies.
Minimum Distance Requirements:
Industries are categorized based on their pollution potential:
Red Category (High Pollution Industries):
- These industries must be at least 500 meters away from water bodies such as rivers, lakes, and reservoirs.
- They must be at least 500 meters away from the settlements, schools/ educational institutions, religious places, archaeological sites, and national parks.
Talk To Expert
New Air and Water Pollution Consent Guidelines Released 2025
(4.8)
Orange Category (Moderate Pollution Industries):
- With effluent discharge, they must maintain 75 75-meter distance from the water bodies.
- Without effluent discharge, they are required to maintain 30 30-meter distance from the water bodies.
- They must be at least 200 meters away from residential and protected areas
Green Category (Low Pollution Industries):
- These industries must maintain a 30-meter distance from surface water bodies.
- They must be at least 100 meters away from residential areas, heritage sites, and forests.
These restrictions ensure that the industries do not cause any harm to surrounding communities and ecosystems. In addition to these rules, industries must also comply with all the other environmental laws, regulations, and notifications in relation to the environment in order to gain approval for establishment.
Application Process for Consent and Fees
Before an industry can commence its operations, it will have to obtain the necessary approvals from the State Pollution Control Board (SPCB) or Union Territory Administration, wherever applicable. Application processes have been structured in order to promote efficiency and transparency.
Types of Consent:
- CTE – Consent to Establishment is required before installation of an industrial unit.
- CTO – Consent to Operate is required before operations can commence after installation of pollution control systems.
Applications must be submitted in the prescribed format and must provide detailed information about the industrial unit, a mechanism for controlling pollution, and compliance measures. The fee for obtaining consent is determined by the State or Union Territory governments, and such a fee cannot exceed the prescribed limits.
Fee Rebate and Charge for Delayed Payments:
A 5% rebate for the application submitted four months before the expiry of the current consent.
Late fee charges will apply according to the following:
- 120-45 days before the expiry → 25% of the standard fee.
- 45 days before expiry → 50% of the fee.
- After expiry → 100% of the fee.
This incentivizes industries to seek renewals in advance, ensuring that they maintain ongoing compliance with environmental legislation.
Inspection and Grant of Consent
Once an application for consent is received, the SPCB assigns its officers to conduct inspections. These inspections verify the accuracy of the details provided in the application and assess compliance with environmental regulations.
Inspection Process:
- Initial Inspection:
Officers visit the proposed location of the industry to confirm whether it is in compliance with the pollution control requirements and whether it is set at the location they propose.
- Verification of Pollution Controls Measures:
Industries must demonstrate the installation of the approved anti-pollution devices such as chimneys, scrubbers, and effluent treatment plants. Continuous Emission Monitoring Systems (CEMS) must be installed wherever applicable
- Notice and Documentation:
The applicants are notified before an inspection. They are required to submit all necessary documents and information related to the pollution control measures.
If the industry complies with all the requirements, consent is granted with certain terms and conditions, with a view to maintaining pollution control measures and operating efficiently.
Validity Period of Consent
The consent granted to industries varies in terms of categories:
- Red Category → The consent is granted for 5 years
- Orange Category → The consent is granted for 10 years
- Green Category → The consent is granted for 15 years
- Blue Category (Least Polluting Units) → Additional 2 years of validity
Industries must renew their consent before the expiry of the validity period in order to continue their operations legally.
Renewal of Consent to Operate
Renewal applications must be submitted in the prescribed format and must include:
- Compliance reports for previously granted conditions.
- Environmental clearance compliance, when applicable.
- Submission of Environmental Statement under Environment (Protection) Rules, 1986.
- Submission of annual reports for hazardous waste management.
- Confirmation that there is no change in manufacturing process, production capacity, and pollutant load.
Failure to timely make a consent renewal will attract penalties, additional fees, and even shutting down operations.
Refusal and Cancellation of Consent
The SPCB can reject or cancel the consent in case industries don’t comply with environmental standards. Some general rejection and revocation reasons include:
- Non-Compliance with Location Criteria: If the industry is installed in restricted or non-conforming locations, consent will be revoked.
- Violation of Consent Requirements: Failure to operate pollution control devices properly and exceeding the permissible emission standards can lead to revocation of consent.
- Failure to Comply with Environmental Clearances: Non-compliance with the environmental clearance conditions can lead to cancellation of consent.
- Change in Process or Operations: Unauthorized modification that increases the pollutant level can lead to revocation of consent.
- Accidental Discharges and Environmental Damage: Accidental discharges such as Spills, leakages, and emissions causing significant deterioration in the quality of air and human health can lead to revocation of the consent.
- Legal and Financial Non-Compliance: Non-payment for bank guarantees, environment compensation, and fees can lead to revocation of consent.
- Submission of False Information: Concealing information regarding the materials during the application process can lead to revocation of consent.
Before rejecting or revoking consent, industries will be given an opportunity to present their case. A written justification is presented in case consent is not granted.
Implementation and Digitalization
To streamline the implementation of these guidelines, the Central Board introduced an online platform for processing applications, renewal, inspections, and compliance verification. This system aims to:
- Enhance Transparency – All approvals and applications will be digitally recorded.
- Improve Efficiency – Faster processing times for approval and for renewal will be ensured.
- Ensure Accountability – Online tracking of inspections and compliance reports will be ensured.
All applications under Section 21 of the Air (Prevention and Control of Pollution) Act will be processed through this portal, ensuring that industries comply with the environmental regulations without bureaucratic delays.
To Wrap Up
The Control of Air Pollution (Grant, Refusal, or Cancellation of Consent) Rules, 2025 mark a significant step towards stricter controls for controlling air pollution in India. By mandating specific location requirements, imposing stringent compliance checks, and employing digital technology, these rules promote sustainable growth for industries while protecting public health and the environment.
Industries must actively adopt cleaner technology, ensure timely renewals, and maintain transparency in operations to avoid penalties and shutdowns.
With the proper implementation and enforcement, these guidelines will help in striking a balance between environmental preservation and fostering a cleaner and healthier future.
To get expert assistance in CTO/CTE, visit https://corpbiz.io/.
Frequently Asked Questions
What is the purpose of the Control of Air Pollution (Grant, Refusal, or Cancellation of Consent) Guidelines, 2025?
The guidelines aim to regulate the establishment and operation of industries by setting criteria for granting, refusing, or revoking consent. They ensure industries comply with environmental regulations, minimize pollution, and promote sustainable industrial growth while protecting public health and ecosystems.
What are the different types of consent required for industrial operations?
Industries must obtain:
– Consent to Establish (CTE): Required before setting up an industrial unit.
– Consent to Operate (CTO): Required before beginning operations after installing pollution control measures.
Both consents must be obtained from the respective State Pollution Control Board (SPCB) or Union Territory Administration.How are industries categorized based on pollution potential, and what are the minimum distance requirements?
Industries are classified into four categories:
– Red (High Pollution): Must be at least 500 meters away from water bodies and settlements.
– Orange (Moderate Pollution): With effluent discharge: 75 meters from water bodies; without effluent discharge: 30 meters. They must be 200 meters from residential areas.
– Green (Low Pollution): Must maintain a 30-meter distance from water bodies and be 100 meters from residential areas.
– Blue (Least Polluting): Subject to the least restrictive regulations.What are the penalties for failing to renew consent on time?
Late renewal attracts additional charges:
– 120-45 days before expiry: 25% of the standard fee.
– 45 days before expiry: 50% of the fee.
– After expiry: 100% of the fee.
Failure to renew consent can also lead to penalties, operational shutdowns, and legal consequences.What are the key reasons for refusal or cancellation of consent?
Consent may be refused or revoked due to:
– Non-compliance with location-based restrictions.
– Violation of pollution control measures or exceeding emission limits.
– Failure to comply with environmental clearance requirements.
– Unauthorized changes in production leading to increased pollution.
– Accidental spills or emissions harming air quality.
– Financial and legal non-compliance, including non-payment of fees.
Industries are allowed to justify their case before consent is denied or revoked.
Read our blog: How to Renew Consent to Operate (CTO) Air/Water in Punjab?
