The Ministry of Environment, Forest and Climate Change has proposed a significant change in the regulatory framework for industries in India. The draft notification suggests exempting ‘white category’ industries from obtaining pollution control permits, also known as ‘consent to establish’ (CTE) and ‘consent to operate’ (CTO), under the Air (Prevention and Control of Pollution) Act, 1981, and the Water (Prevention and Control of Pollution) Act, 1974. This move aims to simplify regulations, reduce administrative burden, and promote economic growth. However, it also raises concerns about environmental protection.

What are White Category Industries?

The Central Pollution Control Board (CPCB) introduced the ‘white category’ in 2016, which includes 36 industrial sectors with a Pollution Index score of 20 or less. These industries are considered practically non-polluting and include:

  • Wind power projects
  • Solar power projects
  • Assembly of air coolers
  • Bicycle assembly
  • Biscuit trays (made from rolled PVC sheet using automatic vacuum forming machines)
  • Cotton and woolen hosiers making (dry process only, without any dyeing or washing operations)
  • Electric lamp (bulb) and CFL manufacturing (assembling only)
  • Scientific and mathematical instrument manufacturing
  • Mini hydel power (less than 25 MW)

Parameters for White Category:

Pollution Index (PI): The categorization is based on the Pollution Index, which considers:

  • Emissions (air pollutants)
  • Effluents (water pollutants)
  • Hazardous waste generation
  • Resource consumption

PI Ranges:

  • Red category: PI score ≥ 60
  • Orange category: 41 ≤ PI score < 60
  • Green category: 21 ≤ PI score < 41
  • White category: PI score ≤ 20

Legislative Context:

The proposed exemptions align with recent legislative amendments, notably the Water (Prevention and Control of Pollution) Amendment Act, 2024, and the Jan Vishwas (Amendment of Provisions) Act, 2023. These amendments have decriminalized several violations under the Air Act and Water Act, replacing imprisonment with fines and penalties. Furthermore, they grant the Central Government the authority to exempt certain industrial categories from permit requirements.

Implications of Exemption:

The exemption from pollution permits for white category industries can have both positive and negative impacts on environmental protection. On the one hand, it can:

  • Encourage economic growth by reducing administrative burden
  • Industries can more easily secure financing, promoting investment and growth in these sectors.
  • Promote innovation and cleaner technologies
  • Streamline regulations and reduce paperwork

On the other hand, it can:

  • Lead to unintended environmental harm if the criteria for the white category are too lenient
  • Make monitoring and compliance challenging
  • Overlook the cumulative impact of multiple small-scale operations

Balancing Economic Growth and Environmental Protection:

To ensure that the exemption does not compromise environmental protection, it is essential to:

  • Conduct rigorous risk assessments to categorize industries accurately
  • Implement adequate monitoring and compliance mechanisms
  • Consider the cumulative impact of multiple industries
  • Encourage innovation and cleaner technologies
  • Ensure transparency and public participation in the decision-making process

Conclusion

The exemption of white category industries from pollution permits can be a step towards streamlining regulations and promoting economic growth. However, it is crucial to maintain a robust framework that safeguards the environment. By striking a balance between economic growth and environmental protection, India can achieve sustainable development and minimize the negative impacts of industrial activities.