Proposed reforms by India's Environment Ministry could exempt low-impact 'white category' industries from pollution permits, aiming to streamline regulations amid environmental and economic considerations
In a significant move by the Ministry of Environment, Forest and Climate Change, non-polluting ‘white category’ industries may soon be exempted from acquiring pollution control permits under proposed revisions to environmental regulations. This development stems from two draft notifications issued under the Air Act, 1981, and Water Act, 1974, respectively.
The notifications suggest that industries categorised as ‘white category’, which have a minimal environmental impact, could operate without the usual ‘consent to establish’ (CTE) and ‘consent to operate’ (CTO) permits from state pollution control boards. Typically, these permits regulate the discharge of effluents and emissions of pollutants into the environment.
Furthermore, the ministry has recommended eliminating the CTE permit requirement for projects necessitating prior environmental clearance. This revision would mandate obtaining environmental clearance from the appropriate authority, integrating CTE compliance conditions with those of the environmental clearance.
These proposals are now open for public review and feedback, with a 60-day window for stakeholders to submit comments and objections.
The legislative amendments driving these changes include the Water (Prevention and Control of Pollution) Amendment Act, 2024, and the Jan Vishwas (Amendment of Provisions) Act, 2023. These acts recently modified penalties for violations under environmental laws, replacing criminal sanctions with fines. They also empower the central government to exempt certain industrial sectors from permit requirements.
Under the proposed framework, ‘white category’ industries would inform state pollution control boards of their operations through self-declarations instead of undergoing the rigorous CTO and CTE permit process.
This initiative follows the Central Pollution Control Board’s 2016 re-categorisation of industries based on their pollution potential, where the ‘white category’ was introduced alongside recalibrated red, orange, and green categories. Projects such as wind and solar power installations, air cooler assembly, and bicycle manufacturing fall within the ‘white category’ and stand to benefit from these regulatory simplifications.
The ministry’s proposals aim to streamline regulatory processes for low-impact industries while aligning with broader legislative reforms aimed at balancing environmental protection with industrial growth.