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Core Purpose

The Central Government amends the Environment Impact Assessment Notification, 2006, to exempt Common Effluent Treatment Plants from the requirement of prior Environmental Clearance by omitting item 7(h) from its Schedule.

Detailed Summary

The Ministry of Environment, Forest and Climate Change, vide Notification S.O. 389(E) dated 28th January, 2026, has exercised powers under sub-section (1) and clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986), read with sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986, to amend the Environment Impact Assessment Notification, 2006 (S.O.1533(E), dated 14th September, 2006). This amendment omits item 7(h) and its related entries under the heading “Physical Infrastructure including Environmental Services” from the Schedule of the 2006 Notification. This action exempts Common Effluent Treatment Plants (CETPs), previously requiring prior Environmental Clearance under item 7(h), from this mandate. The decision follows recommendations from the sectoral Expert Appraisal Committee and the Expert Advisory Committee, acknowledging technological advancements in effluent management, the adoption of Zero Liquid Discharge systems, and robust regulatory oversight under the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) and the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981), enforced by State Pollution Control Boards and Pollution Control Committees. The exemption is contingent on the implementation of environmental safeguards during construction and operation, which will be enforced through consent mechanisms. A draft notification, S.O. 4506 (E), dated 1st October, 2025, was previously published for public consultation, and objections/suggestions received were duly considered. The principal notification S.O. 1533(E) was last amended by S.O. 1223(E), dated 17th March, 2025.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-28012026-269611 EXTRAORDINARY PART II-Section 3-Sub-section (ii) PUBLISHED BY AUTHORITY No. 361] NEW DELHI, WEDNESDAY, JANUARY 28, 2026/MAGHA 8, 1947 551 GI/2026 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 28th January, 2026 S.O. 389(E). - WHEREAS the Central Government in the erstwhile Ministry of Environment and Forests, in exercise of the powers conferred by sub-section (1) and clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986 has published the Environment Impact Assessment Notification, 2006 (hereinafter referred to as the said notification), vide number S.O.1533 (E), dated the 14th September, 2006 for mandating prior Environmental Clearance for certain category of projects; AND WHEREAS Common Effluent Treatment Plants are covered under item 7(h) of the EIA Notification, 2006 and require prior Environmental Clearance. The Central Government has received representations for exemption of Common Effluent Treatment Plants from the requirement of prior Environmental Clearance; AND WHEREAS in recent years a substantial transformation has taken place across various industrial clusters, particularly in sectors such as pharmaceuticals, paints, chemical fertilizers, electroplating, textiles and allied industries. These sectors, which were earlier heavily dependent on Common Effluent Treatment Plants, have progressively upgraded their infrastructure in order to comply with increasingly stringent environmental requirements. Such technological improvements have enabled industries to manage their effluents with far greater precision, operational efficiency and accountability. This paradigm shift in effluent management practices and advent of modern technology has opened avenues for better treatment of industrial wastes. Common Effluent Treatment Plants have emerged as a solution to ensuring better self compliance on the principles of collective responsibility. Moreover, the Common Effluent Treatment Plants also serve as a cost-effective facility for treatment of industrial waste on one hand and infuse a sense of self discipline on the other, offering better checks and balances in pollution abatement. Thus, establishment of Common Effluent Treatment Plants need to be encouraged for ensuring better compliance by enforcing collective accountability and ensuring effective monitoring at one place instead of diffused monitoring at multiple locations; AND WHEREAS a growing trend towards the adoption of Zero Liquid Discharge systems has been observed across several sectors. Further, Zero Liquid Discharge systems ensure that no untreated or partially treated wastewater is released into the environment. Instead, the entire effluent stream undergoes comprehensive treatment, and the treated water is recycled and reused within industrial operations. This practice not only conserves valuable freshwater resources but also minimizes the risk of environmental pollution; AND WHEREAS these advancements are complemented by an already robust regulatory oversight framework. Industrial units and their treatment facilities are governed by the provisions of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), and the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981). The regulatory regime under these statutes is both stringent and comprehensive with regular monitoring, periodic inspections and mandatory reporting requirements imposed by the State Pollution Control Boards and the Central Pollution Control Board. These mechanisms ensure that industries are consistently held accountable for their emissions and discharges, thereby maintaining high levels of compliance with prescribed environmental norms; AND WHEREAS the matter was examined by the sectoral Expert Appraisal Committee which has recommended that, in light of the technological advancements achieved, the robust compliance mechanisms in place and the demonstrable shift towards sustainable water management practices, Common Effluent Treatment Plants may be considered for exemption from the requirement of prior Environmental Clearance under the said notification, subject to certain environmental safeguards to be followed during construction and operation and to be enforced by State Pollution Control Boards or Pollution Control Committees through consent to establish or consent to operate under the provisions of the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981; AND WHEREAS the recommendations of Expert Appraisal Committee were referred to the Expert Advisory Committee for examination. After due deliberation the Expert Advisory Committee agreed with the recommendation of the concerned Expert Appraisal Committee and also noted that the Central Government vide notification number S. O. 6250 (E), dated the 19th December, 2018 had already amended the said notification to exempt Environmental Clearance for Common Effluent Treatment Plants setup for or within projects or activities which do not require environmental clearance, and currently the Common Effluent Treatment Plants for activities which are already governed by the Environmental Clearance process only require Environmental Clearance. After due deliberation the Expert Advisory Committee was of the considered view that all Common Effluent Treatment Plants may be exempted subject to environmental safeguards to be implemented as recommended by the sectoral Expert Appraisal Committee; AND WHEREAS based on the recommendations of the Expert Appraisal Committee and the Expert Advisory Committee, the Central Government is of the view that Common Effluent Treatment Plants may be exempted from the requirement of prior Environmental Clearance under the said notification, subject to implementation of environmental safeguards, to be enforced by State Pollution Control Boards or Pollution Control Committee through the consent mechanism; AND WHEREAS a draft notification for making amendments in the said notification was published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide number S.O. 4506 (E), dated the1st October, 2025, inviting objections and suggestions from all the persons likely to be affected thereby, within a period of sixty days from the date on which copies of the Gazette containing the said draft notification were made available to the Public and the objections and suggestions received in response to the said draft notification within the period of sixty days have been duly considered by the Central Government. NOW, THEREFORE, in exercise of powers conferred by sub-section (1) and clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986), read with sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986, the Central Government hereby makes the following further amendment in the notification of the Government of India in the erstwhile Ministry of Environment and Forests, number S.O.1533(E), dated the 14th September, 2006, namely:- In the said notification, in the Schedule, under heading, “Physical Infrastructure including Environmental Services", item 7(h) and the entries relating thereto shall be omitted. [F. No. IA3-22/17/2025-IA.III] Dr. AMANDEEP GARG, Addl. Secy. Note: The principal notification was published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii) vide, number S.O. 1533(E), dated the 14th September, 2006 and last amended vide the notification number S.O. 1223(E), dated the 17th March, 2025. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054. GORAKHA NATH YADAVA Digitally signed by GORAKHA NATH YADAVA Date: 2026.01.28 15:21:57 +05'30'

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