Lok Sabha Question No. 50 (UNSTARRED), answered on 2025-02-03
Subject: Changes in Environmental Clearances Policy
Ministry: ENVIRONMENT, FOREST AND CLIMATE CHANGE
Asked by: Dr. Shivaji Bandappa Kalge, Shri Vishaldada Prakashbapu Patil

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

## LOK SABHA

## UNSTARRED QUESTION NO. 50 TO BE ANSWERED ON 03.02.2025

## Changes in Environmental Clearances Policy

## 50. SHRI VISHALDADA PRAKASHBAPU PATIL: DR. SHIVAJI BANDAPPA KALGE:

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

- (a) whether the Government has revised its policy for Environmental Clearance to projects, if  so,  the  details  thereof  including  any  guidelines  issued  in  this  regard  and  if  not,  the reasons therefor;
- (b) whether  the  Government  has  announced  any  changes  to  the  dual  compliance  of Environmental Clearanace (EC) and the Consent to Establish (CTE) for setting up of new industries, if so, the details thereof and if not, the reasons therefor;
- (c) the manner in which this removal will impact statutory mandate of State Pollution Control Boards (SPCBs) to issue CTEs for industries discharging effluents into the environment;
- (d) whether  the  Government  has  conducted  a  comprehensive  assessment  to  evaluate  the potential environmental implications of removing the dual compliance requirements; and
- (e) if so, the details thereof and if not, the reasons therefor?

## ANSWER

MINISTER  OF  STATE  IN  THE  MINISTRY  OF  ENVIRONMENT,  FOREST  AND CLIMATE CHANGE (SHRI KIRTI VARDHAN SINGH)

(a) to (c) The Central Government 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 under section 21(1) of the Air Act and G. S. R. 703 (E) dated 12-11-2024 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 the project or activity has obtained environmental clearance under the Environmental (Protection) Act, 1986. In view of the above, the project / activities requiring prior EC as per the Environmental Impact Assessment Notification, 2006 (as amended from time to time) under Environment (Protection) Act, 1986 are exempted from obtaining previous Consent  To  Establish  (CTE)  separately.  Subsequently,  the  Ministry  has  issued  a  Standard Operating Procedure (SOP) dated 14 th  November 2024, which has been partially modified vide OM dated 14 th  January 2025, for implementing the notifications mentioned above.  In the SOP, it  has  been,  inter-alia,  directed  that,  for  the  projects  /  activities  requiring  prior  EC,  the exemption  provided  from  obtaining  CTE  is  subject  to  obtaining  necessary  EC  and  the environmental safeguards related to the establishment of industries, as may be required, will be integrated in the conditions of EC itself. The above mentioned OMs provide for seeking the comments of the respective SPCBs on the project site, the feasibility of the project and the environmental safeguards for the concerned project, which will be integrated in the conditions of EC. Further provision for payment of requisite fees to the SPCBs has also been made.

(d) and (e) The Ministry has undertaken systemic and policy reforms to streamline and expedite the Environment Clearance process by taking into account the imperative need for development while  balancing  the  same  with  due  environmental  safeguards  in  line  with  the  concept  of sustainable development. This exemption will not only reduce compliance burden on industries but also promote Ease of Doing Business by reducing duplication of approvals since the criteria for environmental clearance and consent were overlapping.  Exempting certain categories of industries  will  not  have  any  adverse  impacts  on  environment,  since  the  above  notification effectively  integrates  the  two  procedures.    As  mentioned  above,  the  SPCBs  will  have opportunity to  put  forth their comments/conditions during environmental appraisal  process, which will be included in the EC conditions. Also, the existing mechanism of 'Consent to Operate'  will  continue  as  such  and  the  SPCBs  will  continue  to  regulate  and  monitor  the potential  environmental  implications  by  projects  through  the  mechanism  of  Consent  to Operate.

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