Guidelines as on 2026 relating to Grant, Refusal or Cancellation of Consent under the Air (Prevention and Control of Pollution) Act, 1981 as Amended

Guidelines as on 2026 relating to Grant, Refusal or Cancellation of Consent under the Air (Prevention and Control of Pollution) Act, 1981 as Amended.

Section 21 of the Air Prevention and Control of Pollution Act restricts the use of certain Industrial plants and prescribes that no person shall, without the previous consent of the State Board, establish or operate any industrial plant in an air pollution control area.

An “industrial plant” is defined as any plant used for any industrial or trade purposes and emitting any air pollutant into the atmosphere”. (What if during an inspection a plant is not emitting any pollutants in the environment and what if the emissions being within standards are non polluting?)

The Jan Vishwas (Amendment of Provisions) Act, 2023  has amended the Air (Prevention and Control  of  Pollution) Act 1981 and inserted a fresh section 21 A which empowers the Central Government in consultation with the Central Board, to issue guidelines relating to the grant, refusal or cancellation of consent or   to establish or operate any industrial plant including the mechanism for time bound disposal of the application made for Consent or validity period of such consent. It has also been provided that every State Board shall act in accordance with the guidelines so issued.

The guidelines have been notified as the Control of Air Pollution (Grant, Refusal or Cancellation of Consent) Guidelines, 2025 on 29-01-2025 and have been amended on 23-01-26 through the Control of Air Pollution (Grant, Refusal or Cancellation of Consent) Amendment Guidelines, 2026.

Many difficult provisions of the 2025 notification have been done away with including location requirements for consent to establish and renewal of consents but there are still some issues which may have needed a little more attention. I have tried to flag them in parenthesis and in bold in this article.

Based on a comparative understanding of both the notifications (2025 and its amendment of 2026) a summary of guidelines as may apply now are being given below as per the paragraphing used in the notifications.

Paragraph Three

• Para 3 of the guidelines prescribe for the application for consent to establish and consent to operate an industrial plant to be made in the form prescribed in the first schedule and be accompanied by the fee prescribed in para 5 of the guidelines (Second Schedule link). The sub para (2) had made a provision of a rebate of 5% in the fee if the application for renewal is submitted four months prior to the expiry of the validity period. Sub para (3) had also prescribed a late fee ranging from 25% to 100% for applications made after the prescribed date of renewal/validity. These provisions of renewal, penalty and rebate have been removed in the amendment to these guidelines on 23-01-2026 which now only provide that the application for consent shall be made in the prescribed form and with the prescribed fee as above. There is no option with the Boards/Union Territories to entertain applications for renewal.

Paragraph Four

• Para 4 (1 and 2) of the guidelines define the period of validity of consent to establish as 05 years from the date of grant and extendable to 02 more years making it 07 years from the date of consent to establish.,
• Para 4(3) prescribes for validity period for consent to operate as five years for red category, 10 years for orange category, Fifteen years for green category and additional two years (17 years) in case of blue category. This validity provision in case of consent to operate as notified in 2025 as above, has been removed in the amendment of 2026 and in case of consent to operate, it is now provided that “Once granted the consent to operate shall continue to remain valid till it is cancelled in accordance to provisions of para 13 of the guidelines”.

Paragraph Five

• Para 5(i) of the guidelines make a provision for the consent fee to establish or operate to be as specified by the State Government and which shall not be more than that specified in the second schedule.
• Para 5 (2) says that this will be the upper limit, the State Boards/Committees may prescribe lower fee for which there is no limit.
• Para 5(3) prescribes that the Boards/Committees can increase the fee from the existing amount (as already fixed by such Board/Committee) by not more than 10% once every two years. The limitation of the fee to be not more than that prescribed in Schedule 2 would be the ceiling.

It has also been provided that the amount of fee may be reduced any number of times.

• The amendment of 2026 substitutes para 5(1) and removes the provision of fee for consent to establish. The fee for consent to operate has been prescribed as a one-time fee for consent as may be decided by the State Government/U.T. administration for any duration between 5 to 25 years as may be applied for by the project proponent. (In the amendment to para 5 in the 2026 notification, the fee structure for consent to establish is not clear form the guidelines; Further fee for extension in consent to operate after the expiry of the initial period for which the consent to operate has been granted is not clear. Will it be the same or can be revised may need to be addressed to.) The upper limit continues to be the fee specified in Schedule 2. The State Government in consultation with the State Board may reduce the fee, there shall be no lower limit of fee and the fee may not be increased more than once in two years by more than 10% of the existing amount, within the limits of the second schedule. (The para 5(3) may need to be revised to delete the reference to para 5(1) which is a substituted paragraph now and does not refer to the limits of Schedule 2.) As in the 2025 notification, the fee may be reduced any number of times.

Paragraph Six

• Para 6 of the notification of 2025 prescribes the procedures for making an enquiry on the application of consent. It authorises the State Board to nominate any of its officers accompanied by such other officers as may be necessary to make inspections and seek information for verifying the correctness of the particulars furnished. The said officer(s), before visiting the premises are required to give notice to the applicant of their intention to do so. (Notice is required to be given before visiting the premises and not after entering the premises). The officer is also empowered to summon the applicant or his authorised agent to the office of the Board for the purpose of investigation.

The amendment of 2026 as made to these provisions now provides that in addition to the Officers authorised by the State Boards/Committees, Registered Environmental Auditors as may be engaged by the Project Proponent, may also inspect the premises and seek information for verifying the correctness of the particulars of the consent seeking form. The officer as delegated by the Board will have to give a notice of intent before visiting the premises.

The Boards may also engage Registered Environmental Auditors to assist it in its functions under the Act or those consent guidelines. A scheme for registration of Environmental Auditors has been put in place by the MoEF&CC.

• Consent to establish for Micro and small units located in industrial estates/notified Industrial areas shall be deemed to be granted once the self-certified application is submitted.

Paragraph Seven

• Para 7 of the guidelines as notified in 2025 had recommended that a single step procedure shall be adopted for granting consent under the Air Act and authorisations under the Hazardous and Other Wastes Rules 2016. This has been revised in 2026 and notified to include a single step procedure for consent under Air Act and authorisations under all other Waste Management Rules under the E.P. (Act) 1986 as applicable.

Paragraph Eight

• Para 8 of the guidelines provide for the period within which an application for consent has to be disposed of. It has now been provided that the grant of consent to establish has to be ensured within 60 days for Red, 45 days for orange and 30 days for green categories industries. (The guidelines are silent on the white and blue categories and also do not provide time limits for rejecting an application of consent to establish. It is not clear if the option of Refusing a Consent to establish is available to the Boards.)

First time applications for consent to operate have to be granted or refused within 90 days for Red, 60 days for Orange and 30 days for the green categories. (Time limits for disposal of second time applications are not clear and need to be there since the matter needs a reference to a Committee also in case of delays.)

Grant or refusal of consents to operate for expansion or amendment have also to be ensured within 90 days for Red, 60 days for orange and 30 days for green category industries.

A provision has also been made that if an application is not disposed of within the prescribed time, the case shall be referred to a state level Monitoring committee which shall dispose the application within 30 days from date of receipt. The Member Secretary of the State Pollution Control Board shall present the case before the State Committee. The Committee would also examine the causes of delay, recommend appropriate disciplinary action where the results of delay are not justified and the State Board will have to comply with such decisions. The committee may also recommend presenting the case for contravention of the Act before the concerned adjudicating officer for penalty and compensation.

Paragraph Nine

• Para 9 of the guidelines as notified in 2025 prescribed procedures for selection of location. Minimum distance criteria from surface water, settlements, educational institutes, reserve forests, heritage sites etc. had been prescribed. The amendment of 2026 has removed the distance criteria for location of industrial plants and instead the procedures for selection of location now provide that the EAC/SPCB/State Committee will impose Specific and General conditions related to establishing new industrial units at a location along with conditions regarding appropriate safe guards and mitigation measures on application made for E.C. or consent to establish as the case may be.
• Significantly this para 9 of the guidelines in 2025 had also prescribed that the State Board shall ensure that other laws, rules and regulations and notifications are complied with by the Industrial plant. This has been retained in the 2026 amendment and needs more attention. (The Boards may not be competent to ensure the enforcement of laws, rules and regulations not within their mandate.)

Paragraph Ten  

• Para 10 provides for procedures for grant of consent to establish and for the application to be made in the format as specified (In Schedule 1 -Form 1 Link) and to be accompanied the fee for the new plant and for any expansion, modernisation, change of products before commissioning of the industrial plant. (The fee structure for Consent to establish is not clear due to the amendment in para 5(1) in 2026 and may need to be addressed to.) The notification of 2025 had specified that the location criteria shall be complied with. This has been removed in the 2026 amendment but a provision exists that ‘No industrial plant shall be allowed to set up in non-conforming areas or restricted or prohibited areas.
• On receipt of the application, the Board may authorise any of its officers accompanied by any other officers as it deems fit to inspect any location for verifying the correctness of the particulars. The amendment of 2026 now also provides that apart from the said officers, the inspection could also be made by Registered Environment Auditor which could be appointed by the Project Proponent for the purpose of visit and verification. The consent shall be granted on the basis of the report made by the officer deputed by the Board or by the Registered Environmental Auditor engaged by the Project Proponent. (It is not clear as to what would happen in case there is a variation in the two reports).
• Conditions to be accompanied in the consent to establish are inclusive and appear restricted to control equipment, running condition of control equipment, chimney specification and such other conditions as the Board may specify with a deadline date for ensuring compliance.
• For MSMES located in duly notified industrial areas, consent to establish shall be deemed to be granted once the self-certified application is submitted in Form-1 by the project proponent.

Paragraph Eleven

• Para 11 relates to grant to consent to operate and the application to be made in Form II (Schedule 1 Form -2) accompanied by Fee (Schedule-2). The application has also to be accompanied by a compliance report with respect to the consent to establish and the Environmental clearance as applicable. (Although not explicit, it would mean that any subsequent application for consent to operate made after the first application would include a compliance report on the previous consent.) Here also the inspection for verification of particulars can be made either by Officers authorised by the Board or by Authorised Environmental Auditors as may be appointed by the Project Proponent. Grant or refusal of consent shall be based on the reports furnished by the officers authorised by the Board and/or the Registered Auditors. (It is not clear as to what would happen if the reports are at variance.)

Here also the consent to be granted, has to be accompanied by the conditions of consent which will have to be complied in the provided time frame. Here also the conditions mentioned in the guidelines are inclusive and include only the conditions relating to the specification of the control equipment, provision of the control equipment not to be altered without the consent of the Board and the control equipment to be kept in good working conditions. Conditions relating to specifications for chimney could also be imposed. (Surprisingly the provision of the Boards being authorised to impose “such other conditions as the Board may specify”, as present in the conditions of Consent to establish as given in the guidelines for consent to establish does not exist for consent to operate. This may need to be added in the consent conditions for consent to operate as provided in the guidelines).

• The 2025 notification provides that the Boards/Committees will specify a validity period for consent to operate. This has been removed in the 2026 amendment as notified and the Consent to operate is valid unless cancelled. (A case scenario of the consent to operate being not cancelled but overshooting the period for which it was granted i.e. 5 to 25 years may also be examined and necessary provisions made specially when there is no provision of renewal in the guidelines).

Paragraph Twelve

• Para 12 of the guidelines as notified in 2025 provided for the renewal of consent to operate. This has been removed in the amendment to the guidelines in 2026. There is no provision for renewal of consent to operate in the guidelines. (Since there is always a possibility of extension of validity period the procedures could be examined)

Paragraph Thirteen

• Para 13 provides that Consent can be cancelled or refused if there is a non-compliance of conditions of consent; non-compliance of conditions under prior environmental clearance; variation in the process or operation; non-compliance of emission standards or failure to upgrade air pollution control devices, fugitive emission control systems and other prescribed equipment; non-compliance of court directions; guidelines, notifications and standard operating procedures (I think it is too sweeping a provision and only non-compliance to court directives and consent conditions could suffice); accidental discharges of effluents or emission, accidents leading to damage in existing system and environment and non-payment of fee, compensation or bank guarantees or if the industrial plant is proposed or set up in a prohibited area or violates the provisions of any other applicable rules and regulations (This is again not desirable. The Boards have no authority to enforce acts over which they have no mandate or jurisdiction).

It has been provided that before refusing or cancelling a consent, a reasonable opportunity for hearing shall be provided and the reasons for cancellation or refusal duly recorded and communicated to the person along with such directions as deemed fit.

Paragraph Fourteen and Fifteen

• Paragraphs 14 and 15 provide for the constitution of National and State Level committees to oversee the implementation of the guidelines. The State level committee shall also take final decision on cases for consent which are not disposed of by the Board within the prescribed time limits. The State Level Committee is also empowered to fix responsibilities, take disciplinary action and make recommendations to the adjudicating officer on issues related to compensation and penalty.

Paragraph Eighteen

• In case of failure to comply with any of the provisions of these guidelines, the person in violation shall be liable to action under provisions of the Air Act.

Also See:

1. Amendments to the Air (Prevention and Control of Pollution) Act 1981 made through the Jan Vishwas (Amendment of Provisions) Act, 2023
2. The Water (Prevention and Control of Pollution) Amendment Bill, 2024
3. Guidelines as on 2026 relating to Grant, Refusal or Cancellation of Consent under the Water (Prevention and Control of Pollution) Act, 1974 as Amended