How to get pollution board license for manufacturing of paints?

 Introduction

The word "enamel paint" refers to a paint that has a hard, glossy and opaque finish. In reality, there is no universally acknowledged or standardised meaning for the phrase "enamel paint," but it has historically been used to refer to any sort of enamel paint that is oil-based and has a high gloss finish.

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People's preferences are gradually shifting away from conventional whitewash and towards high-quality paints such as emulsions and enamel paints, which is providing the foundation for the Indian paint industry's expansion. Furthermore, it is generating a fiercely competitive market, with competitors employing a variety of techniques to capitalize on the industry's growing demand for a larger share. Furthermore, rising disposable income of the average middle class, coupled with increased investment in education, urbanization, rural market development and various launches of many innovative products, such as friendly, odor-free and dust & water-resistant paints, are major drivers propelling the growth of the Indian paints market.

India Paint Industry Outlook, 2022 studies the Indian paints industry in terms of value and volume, with a CAGR of roughly 12% predicted in value terms from 2018-2019 to 2021-2022. The studies give in-depth analysis of the decorative and industrial paints market in India.

Uses of enamel Paints

Enamels are employed on a variety of surfaces, including wood, metal furniture, train carriages, and the automotive industry. Enamel paints are widely utilised in areas such as trims, doors, bathrooms, kitchens, various types of flooring, staircases, basements, porches, and patios because these rooms and surfaces are subjected to a lot of abuse and temperature changes. Enamel paints can be used on a variety of materials, including wood, metal, wicker, concrete, masonry, wrought iron, glass, plaster, and ceramic.

Enamel paints are a popular and practical choice for a variety of chores around the house. Enamel paint application is quick and straightforward, and all that is necessary is a high-quality brush, roller, or sprayer.

How lead in paints impacts human health

Lead is a cumulative toxicant that poses major health and environmental risks. Lead poisoning is one of the top 10 environmental health hazards worldwide, according to the World Health Organization.

Lead poisoning has been linked to a variety of health problems (acute and chronic) in people of all ages. It builds up in the body and affects nearly every organ in the system. Because the neural system of a kid is still developing, young children and pregnant women are the most sensitive to lead poisoning, even at low quantities. Children who are exposed to lead in their early years are more likely to develop cognitive impairments, dyslexia, attention deficit disorder and antisocial conduct. Hypertension, renal impairment, immunotoxicity, and toxicity to the reproductive organs are all possible side effects of lead exposure. Large doses of lead can result in stupor, convulsions and even death. Children who survive severe lead poisoning may suffer from long-term neurological effects like deafness and mental impairment.

According to the World Health Organization (WHO), persons who come into regular contact with, or work with paint have a 20% -40% increased risk of some types of cancer (particularly lung cancer), while Danish researchers say there's also a risk of neurological damage.

Responsibilities of Manufacturer, Trader and importer

Metallic lead in household and decorative paint above 90 parts per million (ppm) is restricted, according to a Ministry of Environment announcement. On April 8, 2016, India's Ministry of Environment, Forest, and Climate Change published the Gazette Notification including rules to govern the manufacture, trading, use, import, and export of lead-based paints in household and decorative paints.

The Bureau of India Standards (BIS) will serve as the nodal agency for these rules and will be responsible for enforcing its requirements. The 2016 Regulation on Lead Contents in Household and Decorative Paints may be referred to as the Regulation on Lead Contents in Household and Decorative Paints Rules 2016

The following conditions must be followed by above stakeholders

• The paint’s manufacturer or importer must label it to state that the lead content is less than 90 parts per million, and the labelling must be durable and readable.
• The manufacturer's and importer's names must be included on the labelling, and the labelling must be durable and readable
• The lead content requirements will apply to paints manufactured on and after the effective date of the Household and Decorative Paints Rules, 2016.
• Every manufacturer or importer of paint must have a valid certificate of approval from the nodal agency for the product to be manufactured in India or imported into India.
• By the 31st of March of each year, every producer or importer must submit a schedule to the nodal agency for drawing samples in order to subject their product to verification for conformity with rule 2.

The following license and registration are required for manufacturing of enamel paints

1. Determine the status of legal entity-  the following option available for  an entrepreneur 

• Proprietorship - it is a kind of legal entity, operated by individual. And There is no difference between a firm and its owner.
• Partnership - it is an arrangement in which two or more persons come with conviction to share profit and loss. The firm's assets and liabilities all belonging to the same people who control the company.  
• Private limited company - When 2 or more persons desire to share their profits and liabilities and have registered their business under the Companies Act 2013, they form a Private Limited Company.
• Public limited company - When seven or more persons want to share their profit and liabilities, they form a company under the Companies Act of 2013, which is not a private company. A ‘Public Company,' as defined by section 2(71) of the Companies Act 2013, is a company that has a minimum paid-up share capital and is not a private company.
• One person Company - A "OPC" is defined as a company with only one member, according to section 2(62) of the Companies Act 2013. It's essentially a private company with a few special features.
• Limited Liability Partnership - Limited Liability Partnership (LLP) is a corporate business structure that allows people with managerial and entrepreneurial skills to join and operate in a functional, innovative, and systematic manner, while providing limited liability benefits and allowing partners to organise their internal structure as a partnership.

1. DIC/SSI/MSME/Udyog Aadhar Registration

Small scale industries and ancillary units (i.e., businesses with a plant and machinery investment of less than Rs. 10 million) shall register with the Director of Industries of the concerned state government.

The registration mechanism has no legal foundation. Units are usually registered to receive benefits, incentives, or assistance from the federal or state governments. The following items are commonly included in the Centre's incentive program :

- Credit prescription (priority sector lending), interest rate differentials, and so on.

- Excise Exemption Scheme - Direct Tax Laws Exemption.

- Statutory support, such as the Interest on Delayed Payments Act and reservation.

1. Environment Impact Assessment (EIA) Certification/ Environment Clearnce (EC)

Integrated Paint industry comes under schedule B of EIA notification 2006 issued by Ministry of Environment and Forest and climate change. The business entity requires prior environmental clearance from the State/Union territory Environment Impact Assessment Authority (SEIAA), however manufacturing of enamel paint, paint mixing and blending do not require EC certificate.

1. Pollution certification/NOC/Authorization-

Before establishing a facility, every business firm must obtain prior authorization from the Concerned State Pollution Control Board/Pollution Control Committee (PCC). Every state has a pollution control department tasked with monitoring any pollution that occurs within its borders. The Central Pollution Control Board, which is overseen by the Ministry of Environment, Forest and Climate Change, divides industries into four categories. Manufacturing of Enamel paint is classified as Orange in most states. A business entity must obtain the following permissions.

• Consent to establish (CTE) - Occupier has to apply for consent to establish before construction of plant, or before installation of machine in already constructed premises.
• Consent to Operate (CTO) – The occupier must seek for authorisation to operate the facility before doing so. The concerned officer must visit the plant before giving authorization to operate to confirm that the machine installation is complete and the plant is ready to function.

Hazardous Waste Authorization - If the unit generates any hazardous chemical, the occupant must apply for a Hazardous Waste Authorization before operating it. H1 Flammable liquids are a dangerous chemicasl that can occur throughout the manufacturing process. 

What are the documents are required to obtain Pollution Board Certificate

1. Consent to Establish/Consent to Operate

1. Pan card and UID of Authorized Person
2. Pan card of unit (Except Proprietorship)
3. Property Paper/Rent Agreement with Rent permission
4. Layout Plan
5. Project Report
6. Environment Clearence ( only for integrated paint industry)
7. Capacity Certificate
8. CLU (in case of Agriculture land)
9. Authorization Latter (Except Proprietorship)
10. Electricity bill/ water bill (If any)
11. CGWA Permission (using ground water)
12. ETP/STP details
13. MOA and AOA/Partnership deed

What is the procedure to obtain Pollution certificate/NOC /Authorization              

• Create user id and password
• File an application through user id and password
• Payment of govt fee
• Inspection will conduct by concerned officer
• ATR preparation by department
• File sent for meeting or Regional officer or Head office as the case may be
• Approved in meeting or by Regional officer or Head office as the case may be
• Download certificate from Pollution control’s website

1. No-Objection Certificate from Central Ground Water Authority (CGWA) or State Ground Water Regulatory Authority

Before extracting ground water, every business enterprise must obtain approval from the Central Ground Water Authority (CGWA) or the respective State Ground Water Regulatory Authority. The Indian Parliament passed the Environment (Protection) Act, 1986, to control, monitor, and manage pollution, as well as to protect the environment in the Union Territory of India. Under Section 3 (3) of the Environment (Protection) Act, 1986, the Central Ground Water Authority was founded with the purpose of developing and maintaining all of India's water resources for future generations. For more information on Central Ground water Authority click on metacorp

1. Trademark-   A trademark is a recognisable badge, phrase, word, or symbol that denotes a certain product and legally distinguishes it from all others of its kind. A trademark is a marking that identifies a product as belonging to a specific company and confirms that company's ownership of the brand. Trademarks are intellectual property that can be registered or unregistered. Brand has very important role in any business but its play pivotal role in paint industry.

1. Bureau of Indian Standards (BIS)- The Bureau of India Standards (BIS) will serve as the nodal body for the Household and Decorative Paints Rules, 2016, as well as for its implementation. The manufacturer must adhere to the BIS standard (IS 2932:2003) and specifications.

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