Pollution Control Consents: Consent to Establish, Consent to Operate and Industry Categories

Many manufacturing and some service businesses affect the environment through wastewater, emissions or waste. Before they're set up and before they start operating, they need consent from the State Pollution Control Board, or the Pollution Control Committee in a union territory. This guide explains the two stages of consent, how industries are categorised, and what's expected afterwards.

The Laws Behind It

Consents are issued under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981. Waste is handled under rules made under the Environment (Protection) Act, 1986, such as the rules on hazardous waste. The State Pollution Control Board administers these for units in the state.

Industry Categories

The Central Pollution Control Board classifies industries into four categories based on their pollution potential:

• Red: highly polluting industries, such as many chemical, pharmaceutical and metal processing units.
• Orange: moderately polluting industries.
• Green: lower polluting industries.
• White: practically non-polluting industries.

White category industries generally don't need consent, though some states ask for an intimation. The category affects the scrutiny of the application, the fee, and how long the consent lasts. Check your industry's category on the board's list before planning.

Consent to Establish

Consent to establish (CTE) is needed before you start building the unit or installing machinery. The application usually includes:

• Details of the site, process, raw materials, products and capacity.
• The expected wastewater, emissions and waste, and how you'll treat and dispose of them.
• Site plans and the location of pollution control equipment.
• Land and other approvals, such as industrial area allotment or land use permission.
• The fee, which usually depends on the project's capital investment.

Some projects also need environmental clearance under the environmental impact assessment rules before CTE, depending on the industry and scale.

Consent to Operate

Consent to operate (CTO) is needed before you start production. The board checks that the unit has been built as approved, and that the pollution control equipment, such as effluent treatment plants and emission controls, is installed and working. The CTO sets conditions on discharges, emissions and waste, which the unit must keep meeting.

Renewal and Validity

Consents to operate are granted for a set period, which depends on the category and the state's rules, with longer validity for less polluting industries. Apply for renewal before the consent expires, with up-to-date compliance information. Operating on an expired consent is the same as operating without one.

Ongoing Obligations

• Comply with the discharge and emission limits in the consent.
• Run and maintain pollution control equipment.
• File the returns and reports the board asks for, such as environmental statements and hazardous waste returns.
• Obtain authorisation for handling hazardous waste, where it applies.
• Meet extended producer responsibility obligations for plastic packaging and other products, where they apply.
• Apply for an amended consent before increasing capacity or changing the process.

Common Mistakes

• Starting construction before CTE, or production before CTO.
• Misjudging the industry category.
• Expanding capacity without amending the consent.
• Letting the consent lapse, or not running treatment equipment.

Getting Help

Think Filing prepares and files consent to establish and consent to operate applications, handles renewals, and keeps environmental returns on track.

Sources

• Water (Prevention and Control of Pollution) Act, 1974.
• Air (Prevention and Control of Pollution) Act, 1981.
• Environment (Protection) Act, 1986, and rules under it.
• Central Pollution Control Board guidance on industry categorisation.