Overview of CPCB Approvals- CTE & CTO

Central Pollution Control Board(CPCB) is a statutory organisation under the Water Prevention Act of 1974. Accredited with the responsibility of environment conservation in India, the State Pollution Control Boards (SPCBs) and Pollution Control Committees (PCCs) were subsequently established in the states and UTs, respectively. The CPCBpromotes the cleanliness of streams and wells in different areas of the states by preventing, controlling and abetting water and air pollution.Whereas the SPCBs/PCCs are delegated the role of issuing CTE (Consent to Establish) and CTO (Consent to Operate) in their respective state or UTs.

Due to the importance of the approval of CPCB in these certificates for environment preservation, the Board tasked the SPCBwith the power to grant this No Objection Certificatetonew and existing industrial setups. These NOCs are, in a way, permission given by the respectiveSPCBsto the industry. This allows discharging of only treated industrial waste like wastewater, effluent and air emission into the environment. Most SPCBs have made provisions for the auto-renewal of CTE and CTO subject to compliance with the policy of the concerned SPCB/PCC. But many boards still require applicants to apply for renewal for CTOif they wish to renew the licence.

Importance of CPCB Approvals - CTE & CTO

It is pretty evident that the Central Pollution Control Board is the nodal authority for environment preservation and conservation. Thus, CPCB Approvals – CTE & CTO are indeed important. The additional functions of CPCB have been mentioned in the Water Act 1974 and the Air Act 1981. The Central Pollution Control Board withdrew its earlier directions issued in 2012 in the context of the categorisation of industries. Later, the Board issued a revised classification of industrial units under the Red, Orange, Green & White categories based on the level of a pollution index.

TheCPCB Approvals - CTE & CTO is granted or refused on the case's merits after examination by the suitable authority as per powers delegated by the Board. The approval certificates bearing the digital signatures of the authorised officer are issued through an online system. The applicants can download it from the online portal of the respective SPCBs.

Procedure for obtaining CPCB Approvals - Consent to Establish (CTE)

Consent to Establish for new units: The new industrial units falling under the Red, Orange and Green Categories per the list issued by CPCB can apply for CTE through the online portal (OCMMS). The respective states manage the portal. The application should be submitted along with all documents for individual industrial units/projects. No inspection is required to deal with the cases of CTE unless any violation comes to the notice of the Board and self-certification is submitted by the unit.

Consent to Establish for expansion of the industries: For expanding the existing industrial units/projects falling under Red, Orange and Green Categories, the application shall be submitted for Consent to Establish under Water and Air Acts. The application is submitted through the online portal along with documents related to CTE for expansion projects as per the following checklist -

Common documents required for CTE in both of the above cases are -

• Properly filled application form of the concerned SPCB
• Signed undertaking
• Site or layout plan with a roadmap 
• Detailed project report
• Details of the unit’s manufacturing processes and sources of effluent discharge/air emission/solid waste/hazardous waste that may be generated
• Details of finished products
• List of machinery and the capital cost of the unit (land, building, and plant machinery)
• Water balance, source of water and its required quantity 
• Land documents such as rent/lease agreement
• Industry registration documents
• Consent fee (as applicable)

Procedure for obtaining Consent to Operate

Consent to Operate will be issued for new industries after submitting the documents mentioned in the application form. In some instances, environmental clearance will also be required. However, proof of any periodic returns and records will not be needed for consent to operate for the first time.The documents required for CTO, as a part of the overall CPCB Approvals - CTE & CTO, include -

• Correctly filled application form of the concerned SPCB
• Balanced sheet certified by a CA
• Copy of CTE issued
• Proof and details of air and water pollution control devices along with solid waste/hazardous waste management facilities provided (their location on the premises, capacity and exit points of the discharge)
• Lab report of the trade emissions and effluents
• Site plan
• Copy of any permission required from the state government, such as environmental clearance
• Any other document specified in the CTO application form

In case of renewal of the CTO, the concerned SPCB also asks for the records of post-compliance formalities like quarterly and annual returns, waste management, etc. Therefore, in case of Consent to Operate renewal, the documents required are -

• Details of the layout plan
• The manufacturing process of each product, along with the flow diagram, material balance with water budget and chemical reactions involved (if applicable)
• A detailed list of raw materials and inputs with the amount or quantity to be utilised, details of water/air pollution control devices along with solid waste/biomedical waste/hazardous waste management (if required)
• Details of land available for disposal of effluents
• Information on green belt development with area details
• NOC from the Directorate of Industries
• NOC from the Rural/ Urban Authority of the concerned site/location

Site Inspection Policy for IndustrialUnits

For CPCB Approvals – CTE & CTO, site Inspection is carried out by the authorised officer/officers of the Board before allowing the production in the unit. It is done after approval from the competent authority. It also serves as a means to check the status regarding the installation of pollution control measures or devices undertaken. Furthermore, it also helps in assessing the structural adequacy before deciding the cases of the CTO.

After granting the CTO certificate, the unit inspection will be carried out again by the authorised inspection officer from the Board. This will be done with prior approval of competent authority as per inspection policy within 03 months after the grant of 1st CTO. This is for collecting samples of air emissions, sewage effluent or noise, as applicable and to get the samples analysed from the concerned Board’s recognised laboratories.

Fee for CPCB Approvals - CTE & CTO

At the time of obtaining CTO, the specific industries must deposit the testing fees prescribed for analysing the effluent/air emission/noise samples from their units. Generally, manufacturing units are at liberty to deposit the full applicable consent fee for the prescribed period depending upon their category. However, the SPCB/PCCcan allow them to apply for consent to operate for a lesser period subject to certain conditions. In such a case, justification can also be asked. Some boards also allow applicants to pay fees for CTOin instalments.

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