Obtaining Consent to Establish (CTE) and Consent to Operate (CTO).ENVIRONMENTAL LAWS - CHEMICAL SECTOR - CTE & CTO

[YAGAY andSUN]

To start the manufacturing of chemicals in India, obtaining Consent to Establish (CTE) and Consent to Operate (CTO) is a legal requirement to ensure that the industry complies with environmental and pollution control standards set by the Central Pollution Control Board (CPCB) and the respective State Pollution Control Board (SPCB). These consents are part of India's efforts to regulate pollution and ensure industries operate in an environmentally responsible manner.

Here’s a step-by-step guide on how to obtain Consent to Establish (CTE) and Consent to Operate (CTO):

1. Consent to Establish (CTE)

The Consent to Establish is granted by the State Pollution Control Board (SPCB) before the construction or establishment of a chemical manufacturing facility. The process involves obtaining permission for setting up the industry in accordance with environmental laws.

Steps to Obtain CTE:

1. Preparation of Documents:
   • Application Form: The application for CTE can usually be filled online or offline on the respective State Pollution Control Board's website. The form will require details about the applicant, the proposed industry, and its location.
   • Project Details: A detailed project report, which includes the description of the chemical products, the manufacturing process, raw materials, etc.
   • Environmental Impact Assessment (EIA): Depending on the size and scale of the project, an EIA may be required, especially for projects listed under Schedule I of the Environmental Impact Assessment Notification. The EIA needs to be prepared by an accredited consultant and submitted along with the application.
   • Consent Fee: Payment of a prescribed fee (which varies by state and industry type) for processing the application.
   • Site Plan: A detailed layout and plan of the proposed manufacturing site, including the areas for effluent treatment, waste disposal, etc.
   • Air & Water Pollution Control Systems: Detailed information about the proposed systems to control air and water pollution, including details of scrubbers, effluent treatment plants (ETP), etc.
   • Risk Assessment Report: A report detailing the risk factors involved in manufacturing chemicals, including hazardous chemicals, safety procedures, and emergency plans.
2. Submission of Application:
   • Submit the application to the relevant State Pollution Control Board (SPCB) or the Union Territory Pollution Control Board (UTPCB). The form can be submitted online or in hard copy depending on the specific state’s procedure.
3. Site Inspection:
   • The SPCB or UTPCB will conduct a site inspection to verify the environmental compliance of the proposed site. This may include checking the proximity of the site to residential areas, rivers, forests, and other sensitive zones.
4. Assessment of Compliance:
   • The Board will assess the application, including the environmental risks and the mitigation measures proposed in the EIA and Risk Assessment. They will evaluate if the site and the industry’s plans comply with the Environmental Protection Act, 1986, and relevant Environmental Laws.
5. Grant of Consent to Establish (CTE):
   • If everything is in order, the SPCB will issue the Consent to Establish (CTE) with specific conditions related to pollution control, emissions, and waste management.
   • These conditions are usually in line with the guidelines provided by the CPCB and may include operational limits, pollution control equipment requirements, periodic inspections, etc.

2. Consent to Operate (CTO)

After obtaining the Consent to Establish (CTE) and setting up the manufacturing facility, the next step is to obtain the Consent to Operate (CTO). This consent is required to start and continue operations, ensuring the industry complies with environmental regulations.

Steps to Obtain CTO:

1. Preparation of Documents:
   • Application Form: The application for CTO can also be filed online or offline, depending on the state-specific procedure.
   • Inspection Reports: Reports from environmental engineers or consultants regarding the installation and functioning of pollution control systems, effluent treatment plants (ETP), and other pollution control measures.
   • Compliance Report: A detailed report showing that the proposed industry has met the conditions set out in the Consent to Establish. This may include verifying air, water, and noise pollution control measures, waste management systems, etc.
   • Environmental Clearance Certificate: If applicable, submit an Environmental Clearance from the Ministry of Environment, Forest and Climate Change (MoEFCC) based on the scale of the project.
   • Production and Waste Management Plan: A detailed plan of how hazardous chemicals and wastes will be handled, stored, treated, and disposed of safely, in compliance with the Hazardous Waste Management Rules.
2. Site Inspection:
   • The SPCB or UTPCB will conduct an inspection to verify that the plant has been constructed in compliance with the conditions mentioned in the Consent to Establish and that all pollution control measures are in place.
   • The inspection will also check that the wastewater treatment plants (ETPs), air pollution control systems, and safety measures are fully functional.
3. Compliance of Standards:
   • The authorities will verify that the operations comply with the pollution control standards for air, water, hazardous waste, etc., as stipulated by the CPCB and relevant laws.
4. Issue of Consent to Operate (CTO):
   • Once the plant complies with the regulatory requirements and the SPCB or UTPCB is satisfied with the operational setup, they will grant the Consent to Operate (CTO).
   • The CTO will be granted for a fixed period, usually 5 years, and will include operational conditions related to emissions, effluent treatment, waste disposal, and pollution monitoring.
5. Periodic Monitoring and Renewal:
   • After obtaining the CTO, periodic inspections will be conducted by the SPCB or UTPCB to ensure continued compliance with environmental standards. The CTO may need to be renewed after the expiry of the specified period, based on performance and adherence to compliance conditions.

Key Laws and Regulations to Keep in Mind:

• The Air (Prevention and Control of Pollution) Act, 1981
• The Water (Prevention and Control of Pollution) Act, 1974
• The Environment Protection Act, 1986
• The Hazardous Waste (Management, Handling, and Transboundary Movement) Rules, 2008
• The Chemical Accidents (Emergency Planning, Preparedness and Response) Rules, 1996

Additional Considerations:

• Environmental Impact Assessment (EIA): For large-scale chemical industries or projects with a significant environmental impact, an EIA must be prepared and submitted to the Ministry of Environment, Forest and Climate Change (MoEFCC) for clearance.
• ISO Certifications: Obtaining certifications like ISO 14001 (Environmental Management) can be helpful for compliance and good industry practices.
• Occupational Health and Safety: Ensure that workplace safety, including handling hazardous chemicals, is in place as per the guidelines of Factory Act and Occupational Health and Safety regulations.

Conclusion:

Obtaining Consent to Establish (CTE) and Consent to Operate (CTO) for a chemical manufacturing industry in India involves a series of steps to ensure environmental and safety compliance. The industry must follow prescribed processes, including submitting detailed reports, undergoing inspections, and setting up appropriate pollution control measures. By adhering to these steps, the industry can legally operate while minimizing its environmental impact and ensuring the safety of the public and workforce.