Environment Law Monthly Updates – July 2025

Partner: Rajat Jariwal, Senior Associates: Gaurav Sharma and Prerna Singh, Associate: Dev Chand

The month of July 2025 witnessed a series of significant legislative and regulatory developments in the environmental law landscape, with a focus on operationalising extended producer responsibility (EPR), promoting ease of doing business, and strengthening the framework on remediation of contaminated sites. The Ministry of Environment, Forest and Climate Change (MoEFCC) notified the Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules, 2025, extending EPR obligations to non-ferrous metal products and establishing a centralised portal for registration, certification, and compliance tracking. Two successive amendments to the Environment (Protection) Rules, 1986, introduced relaxations for thermal power plants from emission compliance mandates.

The MoEFCC also notified the Environment Protection (Management of Contaminated Sites) Rules, 2025, outlining a detailed framework for site identification, responsibility attribution, remediation mechanisms, and oversight by a Central Remediation Committee. In further efforts to streamline environmental compliance, the Central Pollution Control Board (CPCB) revised its criteria for ‘White category’ industries, raising the pollution index (PI) threshold from 20 to 25 and expanding the list of exempt industries. At the state level, the Goa State Pollution Control Board rolled out a self-certification regime for low-capital industries, alongside third-party certification and auto-renewal mechanisms for larger units, aimed at facilitating regulatory ease.

These key developments are discussed in detail below.

Extended producer responsibility rules for non-ferrous metal products notified

On 1 July 2025, the MoEFCC notified the Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules, 2025.¹ These include a new Chapter VII, introducing EPR framework obligations for non-ferrous metal scrap, as detailed in Schedule X.

Under the amended rules, manufacturers and sellers of products, components or spare parts made of non-ferrous metals are required to register on an online centralised EPR portal established by the CPCB. The portal will serve as a single point data repository for the management and implementation of EPR and facilitate the filing and fulfilment of returns and the exchange and transfer of EPR certificates.

In line with EPR regimes for plastic waste and e-waste, obligated entities must:

• set and fulfil annual EPR recycling targets for non-ferrous products and materials,
• file half-yearly and annual returns reporting compliance with targets, and
• offset shortfalls by purchasing EPR certificates.

The amended rules prescribe minimum quantities (by weight) of domestically recycled materials to be used for the manufacture of new products.

Sufficient time has been provided to ensure compliance with the amended rules as the amendments will come into effect from 1 April 2026. Non-compliance with the amended rules and any losses, damage or injury to the environment or public health will attract environmental compensation, as determined and imposed by the relevant pollution control authority.

Relaxation of timelines and compliance requirements for thermal power plants

The MoEFCC has notified two key amendments to the Environment (Protection) Rules, 1986 (EP Rules), aimed at easing compliance obligations for thermal power plants.

1. Environment (Protection) Third Amendment Rules, 2025, notified on 3 July 2025

   This amendment introduces a proviso under item II, column 4, against serial number 5A of Schedule I to the EP Rules, which provides compliance requirements for water consumption units at thermal power plants. Earlier, thermal power plants with Once-Through-Cooling were required to install cooling towers. The amendment now empowers the MoEFCC to, in consultation with the Central Electricity Authority and the CPCB, exempt such plants from the cooling tower installation requirement through written orders.

2. Environment (Protection) Fourth Amendment Rules, 2025, notified on 11 July 2025

   This amendment addresses the long-standing industry demand for relaxation in timelines for compliance with sulphur dioxide (SO₂) emission standards for coal and lignite-based thermal power plants.

   The amendment categorises thermal plants into three categories—A, B, and C—based on location and pollution impact, with separate timelines for each category as below:

   • ‘Category A’ includes plants located within 10 km of the National Capital Region, or cities with population exceeding one million. The compliance timeline for this category, including plants that are under commission, is 31 December 2027. New plants commissioned after this date must ensure compliance before commencing operations.
   • ‘Category B’ includes plants located within 10 km of Critically Polluted Areas, or Non-attainment cities. Compliance with SO₂ emission norms for this category will be determined based on recommendations from the Expert Appraisal Committee under the MoEFCC’s Environmental Impact Assessment Notification, 2006. Plants with existing environmental clearance must apply for review on the PARIVESH portal within six months of the amendment’s publication. Plants either failing to apply or to which SO₂ standards apply must ensure compliance by 31 December 2028.
   • ‘Category C’ includes all other plants that do not fall within Category A or B. These plants are exempt from the compliance requirements, provided they meet the criteria for stack height notified by the MoEFCC on 30 August 1990. The timeline for ensuring compliance by existing Category C plants is 31 December 2029.

Rules for the remediation of contaminated sites notified

MoEFCC notified the Environment Protection (Management of Contaminated Sites) Rules, 2025 on 24 July 2025, establishing a structured process for, among others, identifying, assessing, and remediating contaminated sites.²

Under these rules, the state pollution control boards (SPCB) must conduct preliminary assessments of suspected contaminated sites, identified by the local body or district administration, and submit a list of the ones exceeding prescribed hazardous screening levels to the CPCB. They can also identify suspected contaminated sites within industrial premises through the consent monitoring mechanism available under the Water (Prevention and Control of Pollution) Act, 1981 (Water Act), and the Air (Prevention and Control of Pollution) Act, 1974 (Air Act).

If, upon detailed site inspection, the SPCB finds that the contaminants on the suspected site exceed the prescribed response levels, it may list the site as contaminated for further action. After a detailed public consultation procedure, the SPCB will publish a final list of contaminated sites on the centralised online portal. SPCBs are also required to undertake enquiries to identify the persons responsible for the contamination. Responsible parties must submit and execute approved remediation plans at their cost. If no such party is found, the SPCB will undertake remediation. Any remediation action must first be verified by the CPCB.

Central Remediation Committee (Committee) will periodically review the status of suspected, probable and confirmed contaminated sites, and oversee implementation of the rules, while periodically reporting to the central government. With an aim to promote accountability towards environmental and public health, the rules also provide for voluntary remediation, whereby any person can apply to the Committee proposing to undertake voluntary remediation of any site. The SPCB is empowered to levy environmental compensation if any responsible party fails to comply with the rules. Notably, the payment of this environmental compensation does not absolve the responsible party from paying any remediation costs that have been levied.

Revised criteria for classification of industries within the ‘White’ category

On 28 July 2025, the MoEFCC issued amendments to its earlier notification dated 12 November 2024. Under the 2024 notification, industrial units with minimal environmental impact—specifically those having a PI score of up to 20—were exempted from the requirement to obtain consent to establish and operate under Section 25 of the Water Act and Section 21 of the Air Act. These industries were classified as ‘White’ category by the CPCB. The recent amendments expand this exemption to include all industries with a PI score of up to 25. However, this exemption is subject to such industrial units notifying their respective SPCB or Pollution Control Committees. The amendments also provide a revised list of industrial sectors that now fall within the scope of the White category.

Goa pollution control board introduces self-certification for compliance with consent requirements

On 11 July 2025, the Goa SPCB issued a circular aimed at enhancing the ease of doing business in the state and expediting the processing of applications for the grant of Consent to Establish (CTE) and Consent to Operate (CTO).³

The circular introduces a self-certification mechanism for industries with a capital investment of up to INR 50 lakhs, irrespective of their categorisation. Under this mechanism, such industries may obtain CTE and CTO by submitting an online application form, an undertaking to comply with the Water Act and the Air Act, and other supporting documents. For industries with a capital investment exceeding INR 50 lakh, the circular establishes a third-party inspection and certification regime for the grant of CTE and CTO. Detailed guidelines for the empanelment of third-party agencies, institutions, and auditors are set out in Annexure-B of the circular. The guidelines prohibit third-party agencies from inspecting industries where an active public complaint or legal case is pending, or where, in the opinion of the Goa SPCB, the inspection must be carried out directly by the SPCB.

The circular also permits auto-renewal of CTE and CTO for all industries, subject to the following conditions:

• CTE auto-renewal: All industries, irrespective of capital investment, may apply by submitting a requisition letter in the prescribed format provided in Annexure-C, along with a copy of the previously issued CTE.
• CTO auto-renewal:
  1. For industries with capital investment up to INR 50 lakh: Submission of an online application form along with a duly filled self-certification form.
  2. For industries with capital investment above INR 50 lakh: Submission of an application form along with a third-party inspection report from an agency empanelled with the Goa SPCB.

[1] https://moef.gov.in/storage/tender/1751520898.pdf

[2] https://moef.gov.in/Environment%Protection%20(Management%of%Contaminated%20Sites)%20Rules,%202025.pdf

[3] https://goaspcb.gov.in/wp-content/uploads/2025/07/7452-CIRCULAR_0001.pdf

If you require any further information about the material contained in this newsletter, please get in touch with your Trilegal relationship partner or send an email to alerts@trilegal.com. The contents of this newsletter are intended for informational purposes only and are not in the nature of a legal opinion. Readers are encouraged to seek legal counsel prior to acting upon any of the information provided herein.