Why in News?
- The Ministry of Environment, Forest and Climate Change amended rules allowing industries to seek integrated environmental consent under Air, Water, and waste laws through a single application.
- The reform aims to reduce approval delays, simplify compliance, and improve ease of doing business, while retaining inspection, monitoring, and cancellation powers with regulators.
Relevance
GS Paper III – Environment & Economy
- Environmental regulation reforms: shift from permission-based to compliance-based governance.
- Trade-off between ease of doing business and environmental safeguards.
- Role of SPCBs, PCCs, third-party auditors, and regulatory capacity.
- Industrial pollution control under Air Act, Water Act, Waste Rules.
Background — What is Green Consent?
Consent to Establish and Operate
- Industrial units require consent under the Air (Prevention and Control of Pollution) Act, 1981 and Water (Prevention and Control of Pollution) Act, 1974, granted by State Pollution Control Boards.
Fragmented Approval Structure
- Earlier, industries had to submit multiple applications for air, water, and waste authorisations, causing regulatory duplication, delays, and operational uncertainty, especially during renewal of Consent to Operate.
Key Features of the Amended Green Consent Regime
1.Integrated Consent Mechanism
Single Application System
- Industries can now file one consolidated application covering Air Act, Water Act, and waste management authorisations, reducing procedural overlap and administrative burden.
Reduced Processing Timelines
- The processing time for Red Category industries has been reduced from 120 days to 90 days, signalling faster decision-making for high-pollution sectors.
Changes in Consent Validity
Open-Ended Consent to Operate
- The Consent to Operate will now remain valid until cancelled, replacing periodic renewals that often caused compliance uncertainty and disruption of industrial operations.
Safeguards Retained
- Regulatory authorities retain powers to inspect, enforce compliance, and cancel consent in case of violations, ensuring continuity does not dilute environmental accountability.
Role of Regulators and Auditors
Role of SPCBs and PCCs
- The reforms aim to support State Pollution Control Boards and Pollution Control Committees by reducing paperwork, enabling focus on inspections, enforcement, and outcome-based regulation.
Use of Registered Environmental Auditors
- Registered Environmental Auditors, certified under the Environment Audit Rules, 2025, are now permitted to conduct site visits and verify compliance to speed up approvals.
Key Concerns and Governance Implications
Risk of Regulatory Dilution
- Critics caution that indefinite consent validity and reliance on third-party auditors could weaken deterrence if inspection quality, independence, or frequency is compromised.
Federal and Institutional Balance
- Effective implementation depends on capacity of SPCBs, auditor accountability frameworks, and robust digital monitoring to prevent regulatory capture or conflict of interest.
Why This Reform Matters ?
Economic and Environmental Significance
- The reform aligns with India’s push for ease of doing business, predictable regulation, and industrial growth, while attempting to retain the core principles of environmental protection.
- The success of green consent reforms will test India’s ability to shift from permission-based regulation to compliance-and-monitoring-based environmental governance.
Water (Prevention and Control of Pollution) Act, 1974
- Enacted in 1974 to prevent and control water pollution and to restore the wholesomeness of surface water and groundwater across India.
- Established the Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs) as statutory pollution control authorities.
- Mandates Consent to Establish (CTE) and Consent to Operate (CTO) for industries discharging sewage or trade effluents.
- Prohibits discharge of pollutants into water bodies beyond prescribed standards notified by regulatory authorities.
- Empowers SPCBs to inspect premises, collect samples, and monitor effluent discharge for compliance verification.
- Section 25/26 requires prior consent for new outlets or altered discharge points into water bodies.
- Section 33A authorises SPCBs to issue binding directions, including closure of industries or stoppage of water and electricity supply.
- Provides for criminal penalties, including imprisonment and fines, for violations and repeated non-compliance.
- Applies to industrial, municipal, and local body pollution, covering rivers, streams, wells, and groundwater.
- Forms the backbone of India’s command-and-control environmental regulatory framework, later supplemented by EPA, 1986.
Air (Prevention and Control of Pollution) Act, 1981
- Enacted in 1981, following India’s commitment at the Stockholm Conference, 1972, to address rising air pollution.
- Aims to prevent, control, and abate air pollution and maintain ambient air quality standards nationwide.
- Expands the mandate of CPCB and SPCBs to include air quality monitoring and enforcement.
- Allows States to declare Air Pollution Control Areas, where stricter emission norms apply.
- Requires Consent to Establish and Operate for industries emitting air pollutants.
- Regulates emissions from industrial plants, fuels, and appliances, especially point sources.
- Section 21 makes prior consent mandatory for operating any industrial emission source.
- Section 31A empowers boards to issue directions, including closure or regulation of polluting units.
- Supports national air monitoring mechanisms like the National Air Quality Monitoring Programme (NAMP).
- Works alongside the Environment (Protection) Act, 1986, which prescribes ambient air quality standards.
