Under the system, regional officers inspect operational units in advance and categorise them as complied or non-complied, streamlining CTO approvals
The Green Channel strengthens the regulatory role of RSPCB, creates a conducive environment for entrepreneurs and generates a database of industries on the basis of compliance rating, among other merits. Photo: iStock Rajasthan is a desert state but endowed with abundant physical resources, rich mineral wealth, world-renowned handicrafts, handloom and outstanding skills. These provide ample opportunities for manufacturing, mining, beneficiation, processing activities and services in the micro, small and medium enterprises sector, which has been the strength of the state.
The industry sector witnessed a growth of 6.32 per cent at constant (2011-12) prices for the year 2022-23. The industry sector comprises mining and quarrying, manufacturing, electricity, gas, water supply and other utility services and construction projects.
Industrial growth and environmental protection are the two indispensable sides of the coin and human growth becomes unthinkable considering the population trajectory witnessed over the centuries. Needless to allude to the risk of one’s dominance subjugating the other side; hence, a balanced yet systematic approach is the need of the hour in maintaining equilibrium.
State Pollution Control Boards are regulators and environmental monitoring watchdogs aiming to keep a continuous watch on the performance of industries, which includes compliance with environmental laws and emission/effluent standards prescribed in consent conditions. The huge growth of industries in recent years has taken the counts beyond controllable figures, making monitoring and tracking ineffective and defeating the very purpose of the overall mandate of the pollution control boards.
Consent to establish (CTE) and consent to operate (CTO) are the two statutory requirements for industries, mines and projects to establish and operate under the legal framework of Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981. The project proponent must obtain a CTE before the establishment of the unit and a CTO is mandatory before starting operations.
The statutory timeline under the Water and Air Acts for disposal of consent applications is 120 days. Depending on the significant pollution potential and monitoring frequencies, five to 10 years is the crucial timeline or interval for the industries to sustain operations by renewing the CTOs.
The validity of CTO is 5 years in the case of ‘red’ category units and 10 years for ‘orange’ category units. Thus, compliance with various environmental standards and norms plays a vital role in sustaining the CTOs issued from time to time.
To ensure effective monitoring of compliance with consent conditions and standards / norms, mandatory inspections are carried out as per the predetermined frequencies. The inspection frequency is directly proportional to pollution potential, meaning highly polluting industries need to be inspected every quarter.
Rajasthan State Pollution Control Board (RSPCB) receives around 2,000 consent / authorisation applications every month. The procedure for submitting consent / authorisation applications is completely online and transparent. After initial pre-screening of applications on the basis of a checklist of documents prescribed by the Board, these applications are dealt with at the regional office / head office as per delegation of power.
With the aim of promoting ease of doing business, RSPCB has taken many initiatives over the last few months and the Green Channel system is one of them.
Green Channel system is a novel and fast-track clearance mechanism for expediting CTO renewal, a mandated process for continuing the operation of the industrial unit, by offering the privilege of granting consent within seven days if the industrial units are fully complying with all environmental norms and standards. RSPCB adopted the system to simplify the process of CTO renewal cases on September 4, 2023.
The mechanism will help not only in actuating the industries in achieving and sustaining the standards and norms but also as a measure for ease of doing business, which no doubt promotes industrial growth in the long run. The unnecessary time consumption for the renewal process due to red tape can be dealt with by this mechanism; otherwise, it poses a major stumbling block.
Around 2,300 cases have been identified under the Green Channel so far. Of these, 1,394 cases were marked as “compliant” on the basis of field inspections carried out by the regional officers. CTO renewal applications for these units are being considered by the RSPCB as per Green Channel guidelines.
On the occasion of World Environment Health Day 2023 (September 26, 2023) four entrepreneurs were felicitated, to whom CTOs were issued under the Green Channel system by the regional offices in Jaipur (North) and Jaipur (South).
RSPCB mandates inspections with varying frequencies for different categories of industries, depending upon the level of pollution emanating. The categories are: Red, orange, green and white, in descending order. These inspections are the stepping stones for realising better environmental standards, the basic mandate of pollution control boards.
Any legal mechanism for regulation of industries also emanates from these inspections. In this mechanism, regional officers inspect the operational units in advance whose CTO renewal is likely to expire in the coming months to ascertain whether these units are complying with the provisions of previous consent conditions or not. On the basis of site observations, regional officers mark the units as “complied” or “not-complied” online on RSPCB’s management information system (RSPCBMIS).
Whenever a complied unit applies for renewal of the CTO, the case will automatically be considered under Green Channel and CTO shall be accorded to the unit by the group in-charge / regional officer concerned within seven days. The Green Channel system is effective for all CTO applications, with effect from September 15, 2023.
The overall mechanism is based on the marking of regional officers at district headquarters or the regions of RSPCB which categorises each unit or entity into compliant or non-compliant categories in RSPCBMIS software on the basis of site observations and monitoring / sampling results. Non-complying units are not eligible for the Green Channel system.
Hence, the significance of these inspections and their reporting is part of the decision-making process for this Green Channel system. The appraisal or the results of detailed inspections pave the way for defining or categorising the industries in the system solely based on their performance in complying with environmental standards.
The environmental compliances or performances of recent times are crucial in determining whether any industry is in the green channel system.
After the categorisation, depending on the authority, the CTO renewal shall be decided within seven days. The unique feature of the Green Channel system is fast-track clearance within a week, as CTO applications are approved by the group in-charge or regional officers concerned at their own level without seeking any further approval from Member Secretary and Chairperson of the Board.
On the other hand, coercive action is being initiated against the non-compliant units / entities, which includes refusal of CTO and closure directions.
The system thus strengthens the regulatory role of RSPCB, creates a conducive environment for entrepreneurs and generates a database of industries on the basis of compliance ratings, among other merits.
Understanding the current challenges and devising suitable solutions is vital for addressing the current gaps in regulatory monitoring and enforcement. Currently, the statutory timeline for disposal of consent / authorisation applications is within 120 days, as per the provisions of various environmental laws.
It is implicit that an entrepreneur has to obtain a series of clearances from various departments from time to time. The Green Channel system would be a radical step for encouraging voluntary compliance with consent conditions and environmental standards to get the fast-track CTO within seven days on the basis of compliance marking.
The most common perspective of the regulatory authorities in executing their duties is that of fault-finding and penalising. The Green Channel system will be helpful to create a conducive environment among entrepreneurs and pave the way to encourage voluntary compliances.
And most importantly, it also increases trust and elevates their amity towards RSPCB.
Vijai N is Member Secretary, Rajasthan State Pollution Control Board
Views expressed are the author’s own and don’t necessarily reflect those of Down To Earth
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