Revised Uniform Consent Guidelines Introduced under Air and Water Laws to Accelerate Industrial Approvals

On 23-1-2026, the Ministry of Environment, Forest and Climate Change notified the following:

• Control of Air Pollution (Grant, Refusal or Cancellation of Consent) Amendment Guidelines, 2026.

• Control of Water Pollution (Grant, Refusal or Cancellation of Consent) Amendment Guidelines, 2026

These Amendments aim to amend the Uniform Consent Guidelines to make environmental approvals faster and simpler. The amended guidelines came into effect on 27-1-2026.

Key Points of Uniform Consent Guidelines under Air Act:

1. This Regulation amends the Control of Air Pollution (Grant, Refusal or Cancellation of Consent) Guidelines, 2025 under Section 21-A of Air (Prevention and Control of Pollution) Act, 1981.

2. The Regulation introduces the term ‘Registered Environment Auditor’, which refers to an Environment Auditor under the Environment Audit Rules, 2025.

3. Auditors can now conduct verification, inspections, and data assessment in place of or in addition to State Board officers.

4. The guidelines mandate the development of a single unified portal for all processes under Section 21, for submission, scrutiny, verification, inspection, and disposal of all applications.

5. The portal will be completed within 6—12 months from notification date and will later become the exclusive mode of processing across all States and UTs.

6. The earlier concept of periodic renewal has been removed to ease the regulatory burden.

7. The Consent to Operate (‘CTO’) will now remain valid indefinitely unless cancelled as per the guidelines.

8. States/UTs will be allowed to charge a one-time fee for CTO for any period between 5 and 25 years.

9. The regulation provides that Micro and Small units in duly notified industrial estates or industrial areas will receive deemed Consent to Establish (‘CTE’) immediately upon submission of a self-certified Form-I.

10. The regulation introduces a single-step consolidated process combining consent under the Air Act with authorizations under Hazardous and Other Waste Management Rules, under the Environment (Protection) Act, 1986.

11. Both State Pollution Control Board (‘SPCB’) officers and Registered Environment Auditors can conduct site visits to verify application details, check emissions sources, and demand plans or technical data.

12. The regulation clarifies that capital investment includes land, buildings (including staff quarters and guest houses), industrial premises, plant, machinery, and pollution-control equipment, excluding O&M and revenue expenses.

13. For leased properties, ten times the annual lease value or the guidance value of the property/land, whichever is higher, will be treated as land cost for fee calculations.

14. Time limits for disposal of specific applications have been reorganized.

15. The regulation specifies that:

    • For industries requiring Environmental Clearance (‘EC’), conditions will be imposed by the Expert Appraisal Committee (‘EAC’).

    • For all other cases, the State Pollution Control Board will determine location specific environmental safeguards.

Key Points of Uniform Consent Guidelines under Water Act:

1. These Guidelines are adopted by revising Control of Water Pollution (Grant, Refusal or Cancellation of Consent) Guidelines, 2025 under Water (Prevention and Control of Pollution) Act, 1974.

2. A new clause is which defines the Registered Environment Auditor is included, aligned with the Environment Audit Rules, 2025.

3. The regulation introduces the term online unified consent and authorization management portal, which will serve as the central digital system for processing consent applications.

4. Applications for CTE and CTO under Section 25 of the Water (Prevention and Control of Pollution) Act, 1974 will now follow the revised forms prescribed in the First Schedule and will include all mandated particulars and prescribed fees.

5. States/UTs can levy a one-time consent fee for operating periods ranging from 5 to 25 years, with payment required again only when extending the validity period after its expiry.

6. The regulation restructures inspection mechanisms:

   • SPCB officers can visit and verify premises and demand plans or technical data.

   • Alternatively, project proponents can engage Registered Environment Auditors for inspections.

   • Prior notice is mandatory before inspections by Board officers.

   • Applicants will have to cooperate fully and provide necessary access and documents.

7. For MSMEs located in government-notified industrial estates/areas, CTE will be deemed granted upon submission of a self-certified Form-I, easing the establishment process for smaller industries.

8. A single-step integrated process now applies for obtaining consent under the Water Act along with authorizations under various Waste Management Rules issued under the Environment (Protection) Act, 1986.

9. The schedule for processing applications is revised under Regulation 8.

10. A unified online portal must be developed within 6 to 12 months from notification. Once operational, all applications, inspections, verifications, approvals, refusals, and cancellations under Section 25 will occur exclusively through this portal.

11. The portal will also function as a single-point data repository.

12. Capital Investment now includes fixed assets such as land, buildings, staff quarters, guest houses, plant, machinery, and pollution-control equipment.

These amendments strengthen environmental governance by streamlining consent processes, reducing delays, and improving compliance efficiency without weakening regulatory safeguards.