The Union government has amended the Uniform Consent Guidelines under the air pollution and water pollution laws to make it easier and faster for industries to get environmental approvals across states and Union territories. The changes are aimed at reducing procedural delays while ensuring strong environmental oversight and protection.
One of the major changes is the introduction of a single, combined approval system. Under this, State Pollution Control Boards (SPCBs) can grant permissions for air, water, and waste management laws through a single application, instead of requiring industries to apply separately under different rules.
The guidelines issued last year under the Air (Prevention and Control of Pollution) Act, 1981, and the Water (Prevention and Control of Pollution) Act, 1974, provide a uniform framework for granting, refusing, or cancelling Consent to Establish (CTE) and Consent to Operate (CTO).
“The amended consent guidelines do mark a decisive push for ‘Ease of Doing Business’ by cutting red tape, ending routine renewals, and streamlining environmental approvals. They promise faster decisions and greater regulatory certainty for industry. However, the reform may not eliminate litigation—only change its character,” said Gauhar Mirza, partner, Saraf and Partners.
A major amendment relates to the validity of the CTO, which will now remain valid until cancelled rather than requiring periodic renewals. Compliance will continue to be monitored through inspections, and consent can be withdrawn for violations.
The amendments aim to support the SPCBs and Pollution Control Committees (PCCs) in processing consent applications and conducting inspections. It also removes the uncertainty and operational disruption caused by delays in renewing the CTO.
Key Takeaways
- Consent to Operate is now valid until cancelled, ending the cycle of periodic renewals.
- A combined approval system for air, water, and waste management replaces separate applications.
- Approval time for high-impact Red Category industries slashed from 120 to 90 days.
- Micro and small units in notified industrial zones get automatic Consent to Establish upon filing.
- Private certified environmental auditors are now authorized to conduct site inspections.
Regulatory burden
According to Saraf and Partners’s Mirza, routine renewal disputes may decline, but sharper legal battles are likely over consent cancellations, deemed approvals, and the credibility of private environmental audits. “Ultimately, whether this reform reduces conflict or merely shifts it will depend on how fairly and consistently State Pollution Control Boards wield their expanded powers,” he added.
Also, the processing time for Red Category industries has been reduced from 120 days to 90 days. However, environmentalists feel that non-compliance will go unnoticed with this amendment. Red category industries have high pollution potential, including chemicals and cement, and large-scale, heavy industries.
“Making Consent to Operate valid until cancellation, instead of periodic renewal, may reduce regular scrutiny. If inspections are not frequent or robust, non-compliance could go unnoticed for a longer period. Also, faster timelines and continuous monitoring demand stronger technical and human resources. Many Boards already face staff shortages, which could affect effective enforcement,” said Akash Vashishtha, an environmentalist and a lawyer.
The amended guidelines allow certified registered environmental auditors to conduct site inspections, introduce deemed CTE for micro and small enterprises in notified industrial estates, and replace rigid siting norms with site-specific environmental assessments. The government said the changes balance ease of doing business with environmental safeguards.
The amendments also introduce special provisions for micro and small enterprises operating in notified industrial estates or areas. For such units, Consent to Establish will be deemed granted on submission of a self-certified application, as the land in these estates has already undergone environmental assessment.
The revised framework further allows states to levy a one-time CTO fee for five to 25 years, reducing repetitive fee collection and administrative processing. A uniform definition of ‘capital investment’ has also been introduced to remove ambiguity in fee assessment and ensure consistency across states.
Enforcement gaps
Despite the relaxations, safeguards for refusal or cancellation of consent have been retained in cases of non-compliance, environmental damage, or operations in prohibited areas.
“In the absence of notified State Environment Impact Assessment Authorities in Delhi and several other states and union territories the changes risk weak implementation unless pollution control boards are adequately staffed and strengthened,” said Paras Tyagi, president, Centre for Youth Culture Law and Environment, Delhi, a non-governmental organization.
He further added that, equally important, gaps remain in digital infrastructure for real-time monitoring and technology-based detection of violations, which adds pressure to already overstretched regulatory systems.
As of 17 March 2025, 199 cases were pending before the National Green Tribunal (NGT), 32 cases before the Supreme Court, and 70 cases before various high courts. These include matters related to non-compliance with the provisions of the EIA (Environmental Impact Assessment) Notification, 2006 (as amended), involving projects or activities that are otherwise eligible for prior Environmental Clearance (EC).