The 2025 Air Consent Guidelines

Two, the conditions are about equipment and stacks rather than outlets. Paragraph 13(2)(v) makes it a ground of refusal or cancellation that there has been non-compliance with the emission standards and a failure to upgrade the air pollution control devices, fugitive emission control systems or other prescribed equipment. The water guidelines speak of effluent discharge standards and control equipment. Fugitive emission control has no water counterpart at all: it is about dust and vapour escaping from a process rather than from a stack, and it is the largest single practical problem in Indian air regulation.

The rest, in outline

Paragraph 3, application and fees. In the prescribed Form with the fee. Five per cent rebate for applying to renew four months before expiry, and a late fee of twenty-five per cent between 120 and 45 days before expiry, fifty per cent between 45 days and expiry, and one hundred per cent after expiry.

Paragraph 5, the fee. Specified by the State Government subject to the ceiling in the Second Schedule, with no floor; increases capped at ten per cent and at once in two years; reductions unlimited.

Paragraph 6, the inquiry. Officers deputed to visit and inspect, after notice to the applicant, with power to require plans and specifications of control equipment and to summon the applicant to the Board's office.

Paragraph 7, one window. A single-step procedure for consent under section 21 together with authorisation under the Hazardous and Other Wastes Rules 2016.

Paragraph 9, location. Restrictions taking account of technological and scientific developments, to protect sensitive areas such as national parks, sanctuaries, wetlands and archaeological monuments, and minimum distances.

Paragraphs 10, 11 and 12, the three consents. Consent to establish, first consent to operate, and renewal, each with its Form, its fee, its inspection and its conditions: approved control equipment installed and operated, existing equipment not altered or replaced without approval, equipment kept at all times in good running condition, an approved chimney or outlet, and connection to online continuous emission monitoring where applicable. Renewal requires compliance reports on the consent and on the environmental clearance, the Environmental Statement under the Environment (Protection) Rules 1986, the annual returns under the hazardous waste rules, and a no-change declaration.

Paragraph 13, refusal and cancellation. Twelve grounds, with a reasonable opportunity of being heard before refusing or cancelling and reasons recorded in writing and communicated.

Paragraphs 14 and 15, the committees. A National Level Monitoring Committee chaired by an Additional or Joint Secretary in the Ministry, meeting quarterly; and a State Level Monitoring Committee chaired by the State's Environment Secretary, with the Board's Member Secretary and the Central Board's Regional Director, meeting monthly and disposing of the delayed cases.

Paragraphs 16 to 18. The online portal, to be developed preferably within six months and not later than one year, after which all applications are processed only through it, with the Central Board permitted a five per cent service fee; the power of a State Board to add conditions in accordance with local conditions and policies; and the consequences of violation.

A worked example

A green category unit applies for a first consent to operate on 1 May. The Board does nothing.

By when should it have decided? Thirty days, so by 31 May.

What happens on 1 June? The case goes to the State Level Monitoring Committee, which must dispose of it within thirty days. The Board's Member Secretary must present it and explain the delay.

Does the unit get deemed consent? No. That is the Water Act's provision and the Air Act has no equivalent, which is why the Committee route is the applicant's only remedy short of a writ petition.

How long will the consent last once granted? Fifteen years, green category.

Two years later the unit installs a new bag house without telling the Board. Two consequences. It is a breach of the second proviso to section 21(5), which forbids alteration or replacement of control equipment without the Board's previous approval. And it is a ground of cancellation under paragraph 13(2)(iv), variation in the process and its operations, and arguably under (ii) as well.

The unit has unpaid environmental compensation from an e-waste proceeding. Ground (ix): non-payment of any fee, environmental compensation or bank guarantee required by law. The Board may refuse renewal, after hearing it and recording reasons.

What it does NOT mean

It does not mean the guidelines create the consent requirement. That is section 21 of the Act. The guidelines govern how the Board deals with an application under it.

It does not mean the air and water guidelines are interchangeable. They are made under different sections, refer to different adjudicating officers, and the air instrument deals with fugitive emissions and emission standards where the water one deals with effluent.

It does not mean a State Board has no discretion left. Paragraph 17 preserves its power to add conditions in accordance with local conditions and policies.

It does not mean delay gives consent. There is no deeming provision in the Air Act.

Quick revision

• G.S.R. 84(E) of 29 January 2025, under section 21A, binding on every State Board.
• Validity: establish 5 plus 2; operate red 5, orange 10, green 15, blue plus 2.
• Days to decide: establish 60, 45, 30; first operate 90, 60, 30; renewal 120, 60, 30. On default, the State Level Monitoring Committee, thirty days, disciplinary action, and a possible reference to the adjudicating officer under section 39A.
• No deemed consent under the Air Act, so the timetable is the only protection.
• Para 13(2)(v) adds fugitive emission control systems, which has no water counterpart.
• Renewal needs the Environmental Statement, the hazardous waste annual returns and a no-change declaration; online continuous emission monitoring where applicable.
• Portal within a year, then the only route; five per cent service fee to the Central Board.

Test yourself

1. Why does the timetable in the air guidelines matter more than the one in the water guidelines? Because the Air Act has no deemed consent provision. Section 25(7) of the Water Act deems consent to have been given unconditionally on the expiry of four months from a complete application, so a water applicant has a statutory fallback if the Board does nothing. An air applicant has none, so the periods in paragraph 8 and the reference of an undecided case to the State Level Monitoring Committee are his only remedy short of a writ petition.

2. What does paragraph 13(2)(v) add that the water guidelines do not have? Fugitive emission control systems. The ground is non-compliance with the emission standards together with a failure to upgrade the air pollution control devices, fugitive emission control systems or other prescribed equipment. Fugitive emissions are those that escape from a process rather than through a stack, such as dust from handling and vapour from a leaking seal, and they have no counterpart in a water regime where everything leaves through an outlet.

3. How long does a consent to operate last, and what fixes it? Five years for a red category plant, ten for orange and fifteen for green, with an additional two years for the blue category, under paragraph 4. What fixes it is the Central Pollution Control Board's categorisation of industrial sectors, which is administrative in origin and has been given this legal consequence by guidelines made under section 21A.

4. What must accompany an application to renew a consent to operate? Compliance reports on the conditions of the consent to operate and, where applicable, of the environmental clearance; the Environmental Statement required by the Environment (Protection) Rules 1986; the annual returns required by the Hazardous and Other Wastes Rules 2016; and a declaration that there has been no change in the manufacturing process, production capacity, pollution load or emissions.