Consent for Establishment (CFE) from SPCBs
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Consent for Establishment (CFE) from SPCB - Overview
Consent for Establishment (CFE), also known as Consent to Establish (CTE), is a crucial approval required by industries, projects, or units that have the potential to generate pollution. Issued by the State Pollution Control Board (SPCB) or Pollution Control Committee (PCC), CFE regulates and monitors the discharge of air emissions, wastewater, and noise levels from industrial activities. It is a prerequisite for ensuring environmental compliance before the commencement of any industrial operation.
Categories of Industries:
SPCB categorises industries into three main groups based on their pollution potential:
Red Category: Highly polluting industries.
Orange Category: Moderately polluting industries.
Green Category: Industries with minimal pollution potential.
Application Procedure:
Registration: New units falling under the Red and Orange categories must register with the SPCB through the OCMMS portal. This involves filling out a registration form online.
Unique ID and Password: Upon registration, the applicant receives a unique ID and password to access the OCMMS portal.
Application for CFE: Using the provided credentials, the applicant applies for Consent for Establishment (CFE) on the OCMMS portal. The application is submitted in the prescribed form along with the applicable fee.
Validity Period: CFE is granted for a specific period, typically ranging from 1 to 5 years, depending on the industry category. For projects requiring environmental clearance, the validity can extend up to 7 years or the date of commissioning, whichever is earlier.
Application Process:
Submission:
Submit the CFE application along with the required documents either online through the OCMMS portal or offline to the regional office.
Document Scrutiny: The documents are scrutinised by the inspecting authority. Green Category industries are scrutinised by the regional office.
Inspection: An initial inspection report is prepared, and a site visit may be conducted.
Approval: The application is forwarded to the approving authority. The final decision is usually made within 120 days. A Provisional CFE may be issued.
Important Notes:
A successful issuance of CFE does not exempt industries from compliance with environmental regulations.
The CFE can be revoked if the unit fails to comply with relevant provisions of the Air Act, 1981, or the Water Act, 1974.
Extension/Renewal of Consent for Establishment (CFE) from SPCB - Overview
In situations where a unit or project is unable to complete construction before the expiry of the Consent for Establishment (CFE) from the State Pollution Control Board (SPCB), the project proponent can apply for an extension or renewal of the CFE. The process for extension/renewal is typically based on self-certification by the industry, and the applicant must follow the prescribed procedure of the respective board.
Procedure for Extension/Renewal:
Application Submission: The project proponent must apply for extension/renewal of CFE through the OCMMS portal of the State Pollution Control Board. The application should be submitted 30 to 90 days before the expiry date of the previous CFE.
Documentation: Along with the application, the applicant is required to submit the necessary documents and pay the applicable fees.
Self-Certification: The renewal process is usually based on self-certification. However, certain conditions must be met for successful renewal:
No change in the manufacturing process or the product.
No change in raw materials.
No increase in overall capital investment cost (building, land, machinery, or production capacity).
Pollution load remains the same as declared in the original application.
Pollution Load Check: The pollution load of the unit is checked during the renewal process. If it aligns with the information provided in the original application, renewed CFE may be issued.
Validity Period: The renewed CFE is issued for a limited period, typically subject to the validity of the Environmental Clearance (EC) if applicable.
Validity of Consent for Establishment (CFE):
The validity period of Consent to Establish (CTE) varies based on the category of the industry or project:
Micro and Small-scale Green category projects: 3-5 years (depending on the board).
Medium and Large-scale Green category projects: Maximum of 5 years.
Orange and Red category projects: Maximum of 5 years.
Scope of Fresh/Renewed CFE:
Construction Stage: CFE is essential before commencing any construction activity for the unit. It ensures that the necessary pollution control measures are in place during the construction phase.
Two-Stage Process: CFE is the initial stage in obtaining the pollution No Objection Certificate (NOC). The second part, Consent to Operate (CTO), is granted after the completion of construction and successful site inspection.
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Required Document List
- Site Plan or Location Plan of the unit.
- Project details, including raw materials, product description, and capital cost.
- Water balance and source details.
- Land ownership documents.
- Details of installed pollution control devices.
- MOA/Partnership Deed.
- CFE fee.
- Signed undertaking.
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