MoEFCC Exempts Non-Polluting Industries from Dual Approvals

14 NOV 2024

Ministry of Environment, Forest and Climate Change Issues Gazette Notification: Exempts Industries from Dual Approvals

Non-Polluting Industries: In a major relief to the industrial sector, the Government of India has responded to a long-standing demand by removing the dual compliance requirement for Environmental Clearance (EC) and Consent to Establish (CTE) for setting up new industries. This significant policy change, announced via a Gazette Notification by the Ministry of Environment, Forest and Climate Change (MoEFCC), aims to simplify the approval process and ease the compliance burden on industries, especially those with a lower environmental impact.

Key Highlights of the Notification

1. Exemption for Non-Polluting Industries:
   • Industries classified under the white category, which are considered non-polluting, will no longer need to obtain either a Consent to Establish (CTE) or Consent to Operate (CTO) from State Pollution Control Boards (SPCBs).
   • This exemption is expected to benefit numerous industries, speeding up their setup process and encouraging economic growth.
2. Integration of Approvals:
   • Industries that have already obtained Environmental Clearance (EC) will now be exempted from the requirement of a separate Consent to Establish (CTE).
   • The integration of these two approvals will prevent duplication of compliance efforts, thereby streamlining regulatory processes.
3. New Standard Operating Procedure (SOP):
   • To address the concerns that were previously evaluated during the CTE process, the MoEFCC has issued a Standard Operating Procedure (SOP) that will be incorporated within the Environmental Clearance process itself.
   • This SOP ensures that State Pollution Control Boards are consulted during the EC process, maintaining environmental safeguards while reducing bureaucratic delays.
4. Revenue Protection for States:
   • Despite the exemption from the CTE, industries will still be required to pay the CTE fee. This measure ensures that there will be no loss of revenue for the States, balancing industry benefits with state interests.
5. Legal Provisions and Scope:
   • The notification, identified as G.S.R. 702(E), leverages the provisions of the Air (Prevention and Control of Pollution) Act, 1981 and the Water (Prevention and Control of Pollution) Act, 1974.
   • It specifically exempts industrial plants with a pollution index score of up to 20, as well as those that have secured prior EC as per the Environmental Protection Act, 1986.
   • These plants must inform their respective State Pollution Control Boards or Pollution Control Committees in writing to comply with the new notification.

Implications for the Industrial Sector

The new policy change is expected to significantly reduce compliance costs and time for industries, particularly for low-impact, non-polluting sectors. By removing redundant approvals, it will foster a more business-friendly environment, potentially boosting investments in the industrial sector.

Moreover, this initiative aligns with the government’s Ease of Doing Business and Make in India objectives, promoting sustainable industrial growth while ensuring environmental protection.

Keywords :

• Ministry of Environment, Forest and Climate Change (MoEFCC)
• Environmental Clearance (EC)
• Consent to Establish (CTE)
• Consent to Operate (CTO)
• White category industries exemption
• Pollution Control Boards (SPCBs)
• Air Act, Water Act, Environmental Protection Act
• Gazette Notification G.S.R. 702(E)
• Streamlining industry compliance
• Ease of Doing Business India

This notification marks a pivotal step towards regulatory simplification, offering industries a much-needed respite from overlapping environmental compliances while upholding environmental standards.

Original Notification

MINISTRY OF ENVIRONMENT, FORESTS AND CLIMATE CHANGE
NOTIFICATION
New Delhi,the 12th November ,2024
G.S.R. 703(E).––In exercise of power conferred by the proviso to sub-section (1) of section 25 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), the Central Government, in consultation with the Central Pollution Control Board, exempts the following categories of industrial plants from the application of the provisions of the said sub-section, namely:-
(a) all industrial plants having pollution index score upto 20 as listed in the Schedule to this notification, subject to condition that such plant shall inform in writing to the State Pollution Control Boards or the Pollution Control Committees;
(b) all industrial plants which have obtained prior environmental clearance as per the notification of the Government of India in the erstwhile Ministry of Environment and Forests number S.O. 1533(E), dated the 14th September, 2006 issued under the Environment (Protection) Act, 1986 (29 of 1986), in respect of previous consent to establish such plant.
Subject to the provisions of the Act and this notification, MoEFCC may issue necessary standard operating procedure for streamlining implementation of this notification, as deemed appropriate.
[F.No. Q-15012/2/2022-CPW-Part(1) /e-240741]
VED PRAKASH MISHRA,Jt. Secy.

SCHEDULE

LIST OF WHITE CATEGORY OF SECTORS CLASSIFIED BY CPCB FROM TIME TO TIME, AS PER THE 2016 CLASSIFICATION METHODOLOGY

1. Assembly of air coolers /conditioners, repairing and servicing
2. Assembly of bicycles, baby carriages and other small non motorizing vehicles
3. Bailing (hydraulic press) of waste papers
4. Bio fertilizer and bio-pesticides without using inorganic chemicals
5. Biscuits trays etc from rolled PVC sheet (using automatic vacuum forming machines)
6. Blending and packing of tea
7. Block making of printing without foundry (excluding wooden block making)
8. Chalk making from plaster of Paris (only casting without boilers etc. (sun drying / electrical oven)
9. Compressed oxygen gas from crude liquid oxygen (without use of any solvents and by maintaining pressure
   & temperature only for separation of other gases)
10. Cotton and woolen hosiers making (Dry process only without any dying / washing operation)
11. Diesel pump repairing and servicing (complete mechanical dry process)
12. Electric lamp (bulb) and CFL manufacturing by assembling only
13. Electrical and electronic item assembling (completely dry process)
14. Engineering and fabrication units (dry process without any heat treatment / metal surface finishing operations / painting)
15. Flavoured betel nuts production/ grinding (completely dry mechanical operations)
16. Fly ash bricks/ block manufacturing
17. Fountain pen manufacturing by assembling only
18. Glass ampules and vials making from glass tubes
19. Glass putty and sealant (by mixing with machine only)
20. Ground nut decorticating
21. Handloom/ carpet weaving (without dying and bleaching operation)
22. Leather cutting and stitching (more than 10 machine and using motor)
23. Manufacturing of coir items from coconut husks
24. Manufacturing of metal caps containers etc
25. Manufacturing of shoe brush and wire brush
26. Medical oxygen
27. Organic and inorganic nutrients (by physical mixing)
28. Organic manure (manual mixing)
29. Packing of powdered milk
30. Paper pins and u clips
31. Repairing of electric motors and generators (dry mechanical process)
32. Rope (plastic and cotton)
33. Scientific and mathematical instrument manufacturing
34. Solar module non-conventional energy apparatus manufacturing unit
35. Solar power generation through solar photovoltaic cell, wind power and mini hydel power (less than 25 MW)
36. Surgical and medical products assembling only (not involving effluent / emission generating processes)
37. Used Cooking Oil Collection (UCO) Center*
38. Household Bio-digesters/gobar-gas (cow-dung) plants based on biodegradable waste etc.**
39. CBG plants producing FOM & LFOM as by products in conformity with requirements of Gazette Notification No. 2051 dated 14.07.2020 & No. 1972 dated 01.06.2021, respectively, and utilizing entire FOM
    & LFOM as a fertilizer or manure on land and also not discharging any wastewater**
    Entries from S. No. 1 to 36 were classified vide CPCB letter no. B-29012/ESS(CPA)/2015-16 dated 07.03.2016.
    *Classified vide CPCB letter no. B-29016/ROGW/IPC-VI/2020-21, dated 30.04.2020.
    **Classified vide CPCB letter no. CPCB/IPC-VI/ROGW/6686-6730, dated 22.09.2021.