Lok Sabha Question No. 288 (STARRED), answered on 2024-12-16
Subject: Regulatory Exemptions for Industries
Ministry: ENVIRONMENT, FOREST AND CLIMATE CHANGE
Asked by: Smt. Jyotsna Charandas Mahant, Dr. Amar Singh

## GOVERNMENT OF INDIA MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE

## LOK SABHA STARRED QUESTION NO. 288

TO BE ANSWERED ON 16.12.2024

## Regulatory Exemptions for Industries

## *288 SMT. JYOTSANA CHARANDAS MAHANT:

DR. AMAR SINGH:

Will the Minister of ENVIRONMENT, FOREST AND CLIMATE CHANGE be pleased to state:

- (a) the rationale behind exempting certain industries from obtaining approvals, particularly in light of the rising air pollution levels in the country;
- (b) whether  the  Government  has  conducted  any  assessments  to  determine  the  potential Environmental Impact of exempting industries from pollution control regulations, if so, the details thereof;
- (c) the measures taken by the Government to balance the reduction of compliance burdens for industries with the need to safeguard air and water quality;
- (d) whether the Government has any plans to implement alternative monitoring or audit mechanisms  to  ensure  that  industries  classified under  this category  adhere  to environmental standards; and
- (e) if so, the details thereof and if not, the reasons therefor?

## ANSWER

MINISTER FOR ENVIRONMENT, FOREST AND CLIMATE CHANGE (SHRI BHUPENDER YADAV)

(a) to (e) : A Statement is laid on the Table of the House.

***

STATEMENT  REFERRED  TO  IN  REPLY  TO  PARAS  (a)  TO  (e)  OF  THE  LOK SABHA  STARRED  QUESTION  NO.  288  DUE  FOR  REPLY  ON  16.12.2024 REGARDING REGULATORY  EXEMPTIONS FOR INDUSTRIES BY SMT. JYOTSANA  CHARANDAS  MAHANT  AND  BY  DR.  AMAR  SINGH,  HON'BLE MEMBERS OF PARLIAMENT:

(a)  &  (b) :  The  Central  Govt.  has  amended  Section  21  of  Air  (Prevention  and  control  of Pollution) Act, 1981 and Section 25 of  Water (Prevention and control of Pollution) Act, 1974 and  exempted  certain  categories  of  industries  from  obtaining  consents.  Consequently, notifications [{G. S. R. 702 (E) dated 12-11-2024 (Annexure-I) under section 21(1) of the Air Act and {G. S. R. 703 (E) dated 12-11-2024 ( Annexure-II )) under section 25(1) of the Water Act]  have  been  issued  to  exempt  white  category  of  industries  completely  from  consent mechanism and other categories from consent to establish if they take environmental clearance under Environmental (Protection) Act, 1986. This exemption will not only reduce compliance burden  on  industries  but  also  promote  Ease  of  Doing  Business  by  reducing  duplication  of approvals.  Exempting certain categories of industries will not have any adverse impacts on environment, since the above notification effectively integrates the two procedures rather than doing away with the consent mechanism.  The State Pollution Control Boards (SPCBs) will have opportunity to put forth their conditions during environmental clearance process which will be included in the environmental clearance conditions.

The Central Pollution Control Board (CPCB) classifies industries and other sectors into red, orange, green and white categories, on the basis of Pollution Index (PI) which is a function of water pollution, air pollution, and hazardous waste generation. Based on the Pollution Index (PI) classification, the PI for industrial sectors are Red (PI ≥ 60), Orange (40 < PI <60), Green (21 < PI ≤40) and White (PI≤20). White categories of industries are considered practically nonpolluting industries and are exempted from obtaining consent to establish and operate.

(c) to (e) : The purpose of this amendment and notification was to prevent multiple approvals by  some  industries  under  environmental laws.  This  was  a  duplication  since  the  criteria for environmental  clearance  and  consent  were  overlapping.  However,  environmental  clearance conditions take into account the consent to establish conditions regarding which a Standard Operating Procedure has been issued ( Annexure-III ).

While exempting certain categories of industries for reducing compliance burden, due care has been taken that conditions for protecting environment are not compromised. For this, a detailed Standard Operating Procedure (SOP) has been issued. Under this SOP, completely exempted  units  intimate  to  State  Pollution  Control  Boards  (SPCBs)  in  the  form  of  a  selfdeclaration that they are complying with all prevalent rules and regulations so as to ensure that no activities other than those intimated, are carried out by such exempted units.

In the case of exemption from Consent to Establish, the conditions related to Consent to Establish as stipulated by the concerned SPCBs form part of the environmental clearance conditions, in each case, so as to ensure that industries comply with the concerned environment rules and regulations. SPCBs have a well-defined role during environmental clearance process and  can  carry  out  necessary  inspections/assessment,  as  may  be  required.      Barring,  White Category Industries, all other industries are mandated to obtain Consent to Operate separately from the respective SPCBs/PCCs.

$. 6431 No. 643]

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#..-51.-3.-13112024-258619 CG-DL-E-13112024-258619

## EXTRAORDINARY

PART II—Section 3—Sub-section (i)

## PUBLISHED BY AUTHORITY

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## MINISTRY OF ENVIRONMENT, FORESTS AND CLIMATE CHANGE

## NOTIFICATION

New Delhi,the 12" November, 2024

- G.S.R. 702(E).—In exercise of power conferred by the proviso to sub-section (1) of section 21 of the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981), the Central Government, in consultation with th Central Pollution Control Board, exempts the following categories of industrial plants from the application of th 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.

(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
- Bailing (hydraulic press) of waste papers
2. Assembly of bicycles, baby carriages and other small non motorizing vehicles
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. 8 Chalk making from plaster of Paris (only casting without boilers etc. (sun drying / electrical oven)
7. Block making of printing without foundry (excluding wooden block making)
9. Compressed oxygen gas from crude liquid oxygen (without use of any solvents and by maintaining pressure & temperature only for separation of other gases)
11. Diesel pump repairing and servicing (complete mechanical dry process)
10. Cotton and woolen hosiers making (Dry process only without any dying / washing operation)
12. Electric lamp (bulb) and CFL manufacturing by assembling only
14. Engineering and fabrication units (dry process without any heat treatment / metal surface finishing operations / painting)
13. Electrical and electronic item assembling (completely dry process)

15. Flavoured betel nuts production/ grinding (completely dry mechanical operations)
16. Fly ash bricks/ block manufacturing
17. Fountain pen manufacturing by assembling only
19. Glass putty and sealant (by mixing with machine only)
18. Glass ampules and vials making from glass tubes
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
32. Rope (plastic and cotton)
31. Repairing of electric motors and generators (dry mechanical process)
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. CPCB/IPC-V1/ROGW/6686-6730, dated 22.09.2021.

*Classified vide CPCB letter no. B-29016/ROGW/IPC-VI/2020-21, dated 30.04.2020.

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#..-3.T.-3.-13112024-258622 CG-DL-E-13112024-258622

----

## EXTRAORDINARY

PART II-Section 3—Sub-section (i)

## PUBLISHED BY AUTHORITY

T$ PaPi, HIMAIR, TatTE 12, 2024/91f87 21, 1946 NEW DELHI, TUESDAY, NOVEMBER 12, 2024/KARTIKA 21, 1946

7$ Parit, 12 matar, 2024

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...

## MINISTRY OF ENVIRONMENT, FORESTS AND CLIMATE CHANGE NOTIFICATION

New Delhi,the 12ü 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 notificatio ıbject to condition that such plant shall inform in writing to the State Pollution Control Boards or the Pollutic 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, MoEFC 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.
- 2.
3. Bailing (hydraulic press) of waste papers
5. Biscuits trays etc from rolled PVC sheet (using automatic vacuum forming machines)
4. Bio fertilizer and bio-pesticides without using inorganic chemicals
- Blending and packing of tea
8. Chalk making from plaster of Paris (only casting without boilers etc. (sun drying / electrical oven)
7. Block making of printing without foundry (excluding wooden block making)

9. Compressed oxygen gas from crude liquid oxygen (without use of any solvents and by maintaining pressure & temperature only for separation of other gases)
11. Diesel pump repairing and servicing (complete mechanical dry process)
10. Cotton and woolen hosiers making (Dry process only without any dying / washing operation)
12. Electric lamp (bulb) and CFL manufacturing by assembling only
14. Engineering and fabrication units (dry process without any heat treatment / metal surface finishing operations / painting)
13. Electrical and electronic item assembling (completely dry process)
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)
37. Used Cooking Oil Collection (UCO) Center*
36. Surgical and medical products assembling only (not involving effluent / emission generating processes)
38. Household Bio-digesters/gobar-gas (cow-dung) plants based on biodegradable waste etc.**

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. CPCB/IPC-V1/ROGW/6686-6730, dated 22.09.2021.

*Classified vide CPCB letter no. B-29016/ROGW/IPC-V1/2020-21, dated 30.04.2020.

...

...

To,

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## File. No. Q-15012/2/2022-CPW-Part (1)/e-240741 Government of India Ministry of Environment, Forest and Climate Change (CP Division) *******

2nd Floor, Jal Wing, Indira Paryavaran Bhawan Jor Bag Road, Aligani New Delhi-110003.

Date: November the 14", 2024

****************

Subject: Notification to exempt certain categories of industrial plants from the application of the proviso to sub-section (1) of section 25 of the Water (Prevention and Control of Pollution) Act, 1974 and proviso to sub-section (1) of section 21 of the Air (Prevention and Control of Pollution) Act, 1981 -issuance of Standard Operating Procedure (SOP) -reg.

The Central Government published the notifications vide G.S.R. 703 (E) dated 1211-2024 (copy enclosed) and G.S.R.702 (E) dated 12-11-2024 regarding exemption of certain categories of industrial plants from the application of the proviso to sub-section (1) of section 25 of the Water (Prevention and Control of Pollution) Act, 1974 and proviso to sub-section (1) of section 21 of the Air (Prevention and Control of Pollution) Act, 1981.

As provided in the above notification, a Standard Operating Procedure (SOP) for streamlining the implementation of the said notification is hereby appended with this letter for compliance.

2. SOP is hereby circulated to all concerned for compliance and necessary action.

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mise

(Ved Prakash Mishra) Joint Secretary to the Government of India Phone: 2081 9236 E-mail: mishra.vp@gov.in

The Divisional Head, IA Division, MoEF&CC, Chairman, Central Pollution Control Board, Chairman, State Pollution Control Boards,

Chairman, Pollution Control Committees

•

## Annexure to letter No. Q-15012/2/2022-CPW-Part (1) /e-2407411 dated 14-11-2024

Standard Operating Procedure (SOP) for implementation of the Notification to exempt certain categories of industrial plants under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981

**************

Consequent to the notification published vide G.S.R. 703 (E) dated 12-11-2024 and G.S.R.702 (E) dated 12-11-2024 regarding exemption of certain categories of industrial plants from the application of the proviso to sub-section (1) of section 25 of the Water (Prevention and Control of Pollution) Act, 1974 and proviso to sub-section (1) of section 21 of the Air (Prevention and Control of Pollution) Act, 1981, following SOP is issued for streamlining the implementation of these notifications:

1. All industries/activities, appended as schedule of the said notifications (categorized as White) exempted from the mandatory condition of obtaining CTE and CTO from SPCBs/PCCs as per the above referred notification will follow Procedure as given below:
- a. These units will have to intimate about their operation to SPCBs / PCCs in the form of a self-declaration, complying with all the prevalent rules and regulations. They are not required to pay any consent tee.
- c. SPCBs / PCCs shall ensure that no activities other than those intimated, are carried out by such exempted units.
- b. SPCBs /PCCs shall maintain list of such industries/ activities separately, which shall be updated from time to time.
2. The projects / activities requiring prior EC as per the Environmental Impact Assessment notification, 2006 (as amended from time to time) under Environment (Protection) Act, 1986 exempted from obtaining CTE separately, as per the above referred notification will follow Procedure as given below:
- a. They will obtain necessary EC from the competent authority under the notification referred above.
- b. The Conditions of CTE, as may be required, will be integrated in the conditions of EC itself in the following manner:
- i. The competent authority for issuance of EC under ElA Notification, 2006 shall communicate the application of the Project Proponent (PP) to the concerned SPCB/PCC, as the case may be.
- ii. The concerned SPCB/PCC will examine the case and communicate its comments to the above-referred competent authority within the time limit prescribed by it, which shall not be less than 30 days.

..

- ili. SPCB / PCC may undertake inspection of the site, if required, before sending their comments. Further, SPCB / PCC may also raise queries to the PPs for additional information, if required. Any time taken by the PPs in responding to the queries of SPCBs / PCCs shall be in addition to the time limit prescribed.
2. The EC will become operational only after the payment of CTE fee. Delay in payment of CTE fee beyond 30 days may attract late fee as may be decided by the concerned SPCB / PCC.
3. The EC granting authority shall consider the comments of the concerned SPCB/PCC for inclusion of additional conditions while issuing the EC, which will inter-alia, include that the PP shall pay the requisite CTE fee to SPCBs/PCCs within 30 days of issuance of EC.
4. Such industries / activities shall be required to obtain CTO separately from the SPCBs / PCCs and any other authorization /permission, wherever required as per the prevailing rules and regulations.
3. Industries/ activities not included in para 1 and 2 above shall be required to obtain CTE and CTO and other permissions, as per the prevailing rules and regulations.

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vanis

(Ved Prakash Mishra) Joint Secretary to the Govt. of India