New Guidelines Issued for Air Pollution Control Consents in Haryana

The Haryana State Pollution Control Board (HSPCB) has issued new “Control of Air Pollution (Grant, Refusal or Cancellation of Consent) Guidelines, 2025”, aligned with the directions of the Ministry of Environment, Forest and Climate Change (MoEF&CC). These guidelines define detailed procedures for granting, refusing, renewing, or cancelling consents under the Air (Prevention and Control of Pollution) Act, 1981, with a focus on transparency, compliance, and environmental safety.

📋 Key Provisions & Updates

📝 1. Application Process & Fees

  • Application in Form I (to establish) and Form II (to operate)
  • 5% rebate on early renewal (≥ 4 months before expiry)
  • Late fee slab:
    • 25% extra (120–45 days before expiry)
    • 50% extra (45 days to expiry)
    • 100% extra (post-expiry)

📆 2. Validity Period of Consents

  • Consent to Establish: 5 years (extendable by 2 years)
  • Consent to Operate:
    • Red category: 5 years
    • Orange category: 10 years
    • Green category: 15 years
    • Blue category: +2 years (additional)

💰 3. Consent Fees

  • To be fixed by the State Government, not exceeding MoEF&CC’s upper cap
  • Fee hike limited to 10% once every 2 years
  • No lower limit; can be reduced anytime

🧪 4. Inspection & Enquiry

  • State Board officers can inspect premises, verify information, demand reports
  • Prior notice mandatory before inspection
  • Applicants must cooperate fully and provide additional documents/info if required

♻️ 5. Common Consent for Hazardous Waste

  • One-step process for Consent to Operate + Authorization under Hazardous Waste Rules (2016)

⏱️ 6. Timeline for Grant/Refusal

Consent TypeRedOrangeGreen
To Establish60 days45 days30 days
First Operation90 days60 days30 days
Renewal / Expansion120 days60 days30 days

📌 If deadlines are missed, the application must be referred to a State Level Monitoring Committee, which must decide within 30 days.

🏗️ 7. Siting Criteria (Location Restrictions)

  • From surface water bodies (as per floodplain/HFL/Red Line):
    • Red: ≥ 500 m
    • Orange with effluent: ≥ 75 m
    • Orange without effluent & Green: ≥ 30 m
  • From sensitive areas (monuments, forests, schools, religious sites):
    • Red: ≥ 500 m
    • Orange: ≥ 200 m
    • Green: ≥ 100 m
  • No industry allowed in prohibited or non-conforming areas
  • Natural drains must not be disturbed

🛑 8. Refusal or Cancellation of Consent

Consent can be refused or cancelled for:

  • Violation of location criteria
  • Non-compliance with emission norms, EC conditions, or court directions
  • False information, effluent discharge accidents, or hazardous emissions
  • Failure to pay fees, guarantees, or environmental compensation

🗣️ Right to be heard must be given before cancellation, with written reasons and directions to the applicant.

9. Granting Conditions for Consent

Both consent types (to establish or operate) may include mandatory conditions like:

  • Installation and maintenance of control equipment
  • Erection of chimneys
  • No alteration of equipment without prior approval
  • Connection to Online Continuous Emission Monitoring System (CEMS), where applicable

These 2025 guidelines by HSPCB bring standardization, predictability, and stricter enforcement to air pollution consent processes. Industries must now pay closer attention to siting rules, fee timelines, and compliance with both physical infrastructure and documentation.

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