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Environmental Law Guide

Boiler and Furnace Emission Rules for Factories

Emission rules for factory boilers and furnaces: consent, standards, approved fuels, stack height, monitoring, and what happens when a stack test fails.

Written by the environmental law practice of Advocate BK Singh, which acts before the pollution boards, environment authorities and the National Green Tribunal.

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Last reviewed: October 2026

A factory boiler or furnace must be covered by the unit's consent under the Air Act, must burn only the fuel the consent allows, must have the air pollution control equipment and stack height the consent specifies, and must keep its emissions within the standards in the Environment (Protection) Rules 1986 and the consent order. The unit has to monitor its stack and keep records. If a board sample fails, expect a show-cause notice, directions to fix it, environmental compensation and, if nothing changes, closure.

Short answer: Boilers and furnaces are regulated through the unit's consent to establish and operate under the Air Act. The consent fixes the fuel, control equipment, stack height and monitoring, and emissions must stay within the EP Rules standards. In Delhi NCR, only fuels on CAQM's approved list may be used. Boiler safety registration is a separate requirement.

This guide is written mainly for factory owners, plant managers and compliance staff: what the pollution rules expect of a boiler or furnace, how to stay on the right side of the board, and what to do when a stack test goes wrong. Residents will find it useful too, because knowing what a unit should have makes a complaint sharper; for that side, see how to complain about factory smoke.

For the overall picture of industrial emissions and how complaints and notices are handled, see our page on factory air pollution and stack emissions.

ConsentCTE and CTO under Air Act s.21
StandardsEP Rules 1986 schedules and consent order
Fuel in NCRCAQM approved fuel list
Environmental statementEvery year by 30 September
Board's powerClosure or disconnection, Air Act s.31A
Appeal against directionNGT within 30 days

हिंदी में सारांश

फैक्ट्री का बॉयलर या भट्ठी (फर्नेस) वायु अधिनियम के तहत यूनिट की सहमति (CTE और CTO) में शामिल होना चाहिए। सहमति आदेश में ईंधन, प्रदूषण नियंत्रण उपकरण (साइक्लोन, बैग फ़िल्टर, स्क्रबर, ESP), चिमनी की ऊँचाई और मॉनिटरिंग की शर्तें लिखी होती हैं, और उत्सर्जन पर्यावरण (संरक्षण) नियम 1986 के मानकों के भीतर रहना चाहिए। दिल्ली NCR में केवल CAQM की स्वीकृत ईंधन सूची के ईंधन ही इस्तेमाल हो सकते हैं। नया बॉयलर लगाने या ईंधन बदलने से पहले सहमति में संशोधन लें। स्टैक जाँच फ़ेल होने पर नोटिस, पर्यावरण क्षतिपूर्ति और बंदी तक हो सकती है, इसलिए रिकॉर्ड और उपकरण दुरुस्त रखें।

In short

The essentials

Consent comes first

A new boiler, a bigger furnace or a change of fuel usually needs a consent amendment before it runs.

Equipment must run

A bag filter that is installed but switched off is a violation, and boards check the logbooks.

Fuel is regulated

Burn only the fuel your consent allows; in NCR, only fuels on the CAQM approved list.

Monitor and record

Periodic stack monitoring by a recognised laboratory, and online monitoring where required.

Failed tests have consequences

Show-cause notices, environmental compensation and closure directions follow a failed sample.

30 days to appeal

A closure or disconnection direction can be appealed to the NGT within 30 days of communication.

The rules in brief

What emission rules apply to a factory boiler?

Three layers apply. First, the Air (Prevention and Control of Pollution) Act 1981: a unit with a boiler or furnace needs consent to establish (CTE) before installation and consent to operate (CTO) before running, under section 21, and section 22 bars emissions beyond the standards. Second, the emission standards in the schedules to the Environment (Protection) Rules 1986, which include standards for boilers and furnaces and for specific industries that use them. Third, and in practice the most important, the unit's own consent order, which turns those general standards into specific conditions for your plant.

A consent order for a unit with a boiler typically states the boiler's capacity, the permitted fuel and its quantity, the air pollution control device to be installed, the stack height and diameter, the sampling port and platform, the frequency of stack monitoring, and the emission limit for particulate matter and, where relevant, gases such as sulphur dioxide. Inspectors check the plant against that document, line by line.

Boiler safety is a separate regime. Registration, inspection and certification of steam boilers are handled by the state's boiler inspectorate under the boiler law. A valid boiler certificate says the boiler is safe to operate; it says nothing about whether its emissions are lawful, and boards do not accept it as a substitute for consent.

Before you install

Do I need fresh consent for a new boiler or furnace?

Usually yes. Adding a boiler, replacing it with a larger one, adding a furnace, or switching fuel changes the unit's emissions, and boards treat that as a change requiring an amendment or expansion of consent. Installing first and applying later is one of the most common reasons units end up with closure notices, because the inspection that follows a complaint finds equipment that the consent does not mention.

Advocate B.K. Singh's practical advice to units planning a new boiler is to file the consent amendment with the boiler's specification sheet, the fuel analysis and the design of the control device, and to wait for the amended consent before commissioning. The delay is real, but it is far shorter than the time a closure direction can cost, and a unit operating without valid consent also faces penalties and environmental compensation. Our pages on consent for expansion and penalties for running without consent to operate explain both sides.

The same applies on renewal. When the consent to operate comes up for renewal, the board compares what is installed with what was approved. A boiler upgraded quietly three years ago becomes a problem at renewal, so regularise it before then.

Equipment

Common boilers and furnaces, their main pollutants and usual controls

The right control device depends on the fuel and the process. This table shows typical pairings; your consent order decides what your unit must have.

Equipment and fuelMain air concernTypical control
Boiler on rice husk, wood, briquettes or other biomassParticulate matter, fly ash, unburnt carbonMulti-cyclone followed by bag filter or wet scrubber, proper ash handling
Boiler on coal (where still permitted)Particulate matter, sulphur dioxide, fly ashBag filter or ESP, low-sulphur fuel or sulphur control, covered ash storage
Boiler or thermic fluid heater on gasMostly nitrogen oxides; low particulatesGood burner maintenance; stack as per consent
Induction furnace for steel meltingFumes and dust during charging and tappingFume extraction hood over the furnace, ducting to a bag filter
Cupola furnace in a foundryParticulate matter, carbon monoxideWet scrubber or bag filter, afterburner where required
Reheating furnace in a rolling millParticulates and gases depending on fuelClean fuel, recuperator, stack as per consent
Process kilns and dryersDust and combustion gasesCyclone, bag filter or scrubber depending on material
Fuel

Which fuels can a factory boiler or furnace use?

Only the fuel named in the consent. That sounds obvious, but fuel substitution is the most common cause of black smoke complaints. When prices move, some units start mixing tyres, plastic waste, used oil or industrial sludge into the boiler. Burning hazardous or other waste as fuel is lawful only with specific authorisation under the Hazardous Waste Rules for an approved process, and an ordinary boiler does not qualify; see hazardous waste authorisation.

In Delhi NCR the rules are tighter. The Commission for Air Quality Management has notified a list of approved fuels for industries in the region and has directed a shift away from coal towards cleaner fuels such as piped natural gas and biomass. Fuels such as pet coke and furnace oil have long been restricted for industrial use in NCR. Units on unapproved fuel risk closure, and GRAP adds further restrictions during bad air episodes; see CAQM directions for NCR units and the GRAP stages.

Keep fuel purchase bills, delivery challans and a stock register. Inspectors look at the fuel yard, and a pile of shredded tyres next to a boiler permitted to burn husk tells its own story. Biomass is not a free pass either: husk and wood boilers produce heavy particulate loads and need working dust control.

Chimney

What stack height and sampling arrangements are required?

The stack height for a boiler is set by the standards and written into the consent order. The EP Rules use formulas that relate minimum stack height to the boiler's capacity or its emission load, so that pollutants disperse before reaching ground level. Your consent will state a figure; build to that figure, not to what fits the shed roof. A stack lower than required is a straightforward violation, and it is also the cause of many residents' complaints, because a short stack drops smoke and ash straight onto neighbouring roofs.

The stack must also have a sampling port at the right height with a safe platform and ladder, so a laboratory can take an isokinetic sample. Units sometimes skip the platform, and the board then records that the stack could not be sampled, which is itself treated as non-compliance. Where online continuous emission monitoring is required, the analyser is fitted on the stack and connected to the board's server.

If you share a stack between a boiler and a thermic fluid heater, or between two furnaces, check that the consent permits it and that the stack is designed for the combined load.

Compliance calendar

Records and returns a unit with a boiler or furnace should keep

ItemWhenWhat to keep
Consent to operateValid at all times; apply for renewal well before expiryCurrent consent order with conditions, renewal application and fee receipt
Stack monitoringAt the frequency in the consent orderReports from a recognised environmental laboratory, with sampling details
Online monitoringContinuous, where the consent or board directions require itData connectivity records, calibration certificates, downtime log
Control equipment logDailyRunning hours, pressure drop across the bag filter, bag replacement, separate electricity meter readings where required
Fuel recordsEvery purchase and every day's useBills, challans, stock register, fuel analysis where needed
Environmental statementEvery year by 30 September, under rule 14 of the EP RulesCopy as filed and acknowledgement
Ash and waste disposalAs generatedDisposal records, and authorisation and returns under the waste rules where applicable
Step by step

How to bring a boiler or furnace into compliance

If you are installing new equipment or cleaning up an existing plant, this order of work avoids most problems.

1

Read your consent order closely

List every condition relating to the boiler or furnace: fuel, capacity, control device, stack height, sampling port, monitoring frequency and emission limits.

2

Compare it with what is installed

Walk the plant with the list. Note any boiler, heater or furnace not mentioned in the consent, any fuel change, and any shortfall in the stack or control device.

3

Apply for an amendment where needed

If equipment or fuel has changed, file for a consent amendment or expansion with technical details before the board finds it.

4

Fix the control equipment

Install, repair or upgrade the cyclone, bag filter, scrubber or ESP so it suits the fuel and load. Fit a separate energy meter if the consent asks for one.

5

Correct the stack

Raise the stack to the consented height and add a sampling port, platform and ladder if missing.

6

Get a stack test done

Engage a recognised environmental laboratory to sample the stack at normal load and keep the report. If it fails, find the cause before retesting.

7

Set up records

Start the daily equipment log, fuel register and monitoring file, and diarise consent renewal and the environmental statement.

8

Keep the neighbours in mind

If residents have complained, tell them through the RWA or panchayat what has been fixed. Many complaints end there.

When it goes wrong

What happens if a boiler fails a stack test?

A failed board sample usually leads to a show-cause notice asking why action should not be taken under section 31A of the Air Act. The notice will cite the result and the standard, and often other findings from the inspection, such as missing logbooks or a bypass duct. After considering the reply, the board can direct the unit to install or upgrade equipment within a time, to stop the boiler, to close the unit, or to have its electricity or water disconnected.

Boards also levy environmental compensation using the CPCB's formula-based method, which looks at the unit's category and size, the duration of the violation and the location; our guide on what environmental compensation means explains it. Since the Jan Vishwas Act 2023, many violations of the Air Act also attract monetary penalties fixed by an adjudicating officer rather than prosecution.

The reply matters. Ask for the sampling record and the laboratory report under RTI if they were not attached, and check the load at which the sample was taken and whether the method was followed. But do not stop there. A reply that shows the fault has been found and fixed, with a fresh report from a recognised laboratory, is what usually leads to a direction being withdrawn or a closure being revoked, often with a bank guarantee. For help with the notice itself, see our page on replying to pollution board notices.

Furnaces

Rules for induction, cupola and reheating furnaces

Furnaces raise different problems from boilers. An induction furnace melting scrap releases its heaviest fumes during charging and tapping, not through a fixed chimney, so the key control is a hood or canopy that captures the fumes at the furnace mouth and ducts them to a bag filter. Inspectors look at whether the hood is in place, whether the extraction fan is running during melting, and whether fumes are escaping through the roof vents of the shed.

Cupola furnaces in foundries emit dense particulate and carbon monoxide and need a scrubber or bag filter, with an afterburner where the consent requires it. Reheating furnaces in rolling mills depend heavily on fuel: on gas they are relatively clean, on coal or oil they are not. Secondary sources, such as scrap yards, slag handling and coal or coke storage, cause much of the dust that neighbours notice.

The scrap itself is a compliance issue. Painted, oily or plastic-coated scrap produces smoke and smell when melted, and boards increasingly check the charge mix. Our guide on steel and rolling mill pollution covers that sector in detail, and kilns in brick-making are covered in brick kiln pollution rules.

Compliance file

Documents to keep ready for a board inspection

Approvals

  • Consent to establish and consent to operate, with all amendments
  • Boiler registration certificate from the boiler inspectorate
  • Authorisation under the waste rules, where applicable
  • Any earlier show-cause notices, replies and compliance reports

Technical records

  • Specification sheets of the boiler, furnace and control equipment
  • Stack drawing showing height, diameter and sampling port
  • Stack monitoring reports from a recognised laboratory
  • Online monitoring data and calibration records, where required

Daily records

  • Control equipment running log and pressure readings
  • Separate electricity meter readings for the control equipment
  • Fuel purchase bills and stock register
  • Ash and dust disposal records
For neighbours

What residents can check about a factory boiler or furnace

You do not need to be an engineer to spot the signs. Thick black or brown smoke from a boiler chimney usually means poor combustion, the wrong fuel, or a dust collector that is not working. Flakes of black ash on terraces point to unburnt fuel escaping through a cyclone that is overloaded or a bag filter that is bypassed. A chimney that barely clears the shed roof is worth photographing, because stack height is written into the consent and is easy for an inspector to measure.

Watch the fuel too. Trucks unloading shredded tyres, plastic bales or drums of oil at a unit whose boiler is supposed to burn husk or gas are a strong lead. Note the dates and photograph from a public place. Smoke that appears mainly at night, or on Sundays, often means the control equipment is being switched off when the owner thinks nobody is checking.

Use this in your complaint. Ask the board under RTI for the unit's consent order, which states the permitted fuel, the control device and the stack height, and then ask for an inspection that checks each of them, with a stack sample. A complaint that says 'the consent requires a bag filter, but the smoke at night suggests it is not running' is far harder to brush aside than a general complaint about pollution.

Illustration

A husk-fired boiler at a food processing unit

Here's a made-up example. A food processing unit in Haryana runs a husk-fired boiler for steam. Its consent requires a multi-cyclone followed by a bag filter and a stack of a specified height. Over time, the bag filter becomes clogged, the plant manager bypasses it to keep steam pressure up, and the cyclone hopper is emptied irregularly. Neighbours in a nearby colony begin to find black flakes on their terraces.

After a residents' complaint, HSPCB inspects, finds the bypass damper open and the bag filter not running, and takes a stack sample that fails the particulate standard. The unit receives a show-cause notice under section 31A. The owner's first instinct is to argue that the sample was taken during start-up, but the inspection report records full load and the bypass is photographed.

On advice, the unit changes course. It replaces the filter bags, removes the bypass, fits a separate energy meter for the filter, starts a daily log, and gets a fresh stack report from a recognised laboratory. Its reply attaches all of this with photographs. The board accepts the compliance, assesses environmental compensation for the period of violation, and drops the threat of closure. The owner also meets the colony's RWA and shares the maintenance schedule, which ends the complaints.

Quick checks

Is your boiler or furnace compliant?

  • Is every boiler, heater and furnace on site mentioned in the current consent order?
  • Are you burning only the fuel the consent allows, and, in NCR, a fuel on the approved list?
  • Is the control device installed, suited to the fuel, and running whenever the equipment runs?
  • Is the stack at the consented height, with a sampling port and safe platform?
  • Do you have a recent stack monitoring report from a recognised laboratory?
  • Are daily equipment logs and fuel records kept and up to date?
  • Have you filed this year's environmental statement and diarised consent renewal?
Keep reading

Related guides

Diesel generator sets have their own emission and noise rules; see DG set rules in Delhi NCR. For the consent to operate itself, including renewals and documents, see our page on consent to operate.

FAQs

Frequently Asked Questions

Do I need pollution board consent to install a boiler?

Yes. A boiler is part of the unit's emissions and must be covered by consent to establish and consent to operate under the Air Act; a new or larger boiler usually needs a consent amendment.

Is boiler registration enough for pollution compliance?

No. Registration with the boiler inspectorate covers safety only. Emissions are regulated separately by the State Pollution Control Board through the consent order.

Which pollution control device is required for a husk-fired boiler?

Usually a multi-cyclone followed by a bag filter or wet scrubber, but the consent order decides. The device must suit the fuel and run whenever the boiler runs.

Can I burn coal in a factory boiler in Delhi NCR?

Industries in NCR must use fuels on CAQM's approved list, and CAQM has directed a shift away from coal. Check the current list before buying fuel.

How often should a boiler stack be tested?

At the frequency stated in your consent order, by a recognised environmental laboratory. Units in highly polluting categories may also need online continuous monitoring.

What is the stack height rule for boilers?

The EP Rules relate minimum stack height to the boiler's capacity or emission load, and the consent order states the height your stack must have.

What happens if my boiler fails the board's stack test?

Expect a show-cause notice, then directions to fix the problem, environmental compensation and possibly closure or disconnection under section 31A of the Air Act if you do not comply.

Can I appeal a closure direction over boiler emissions?

Yes. A direction under section 31A can be appealed to the NGT under section 31B within 30 days of communication, with up to 60 more days for sufficient cause.

Can tyres or plastic be used as boiler fuel?

Not in an ordinary boiler. Using waste as fuel requires specific authorisation for an approved process under the Hazardous Waste Rules, and unauthorised burning invites closure.

What is the environmental statement?

It is an annual statement that units requiring consent must file with the State Board by 30 September under rule 14 of the EP Rules, covering resource use, pollution and waste.

Do induction furnaces need a chimney?

They need fume extraction at the furnace with ducting to a bag filter and a stack as specified in the consent. Fumes escaping through the shed roof are a common violation.

BK

About the author

Advocate B.K. Singh, Founder & Principal Advocate, MCA, LL.B., LL.M.

Advocate B.K. Singh has practised for more than twenty years before the Supreme Court, the High Courts and the National Green Tribunal, and leads the environmental practice from offices in Dwarka (New Delhi) and Vaishali (Ghaziabad) with Advocate Sadhna Singh. Read his profile.

Received a notice about your boiler or furnace?

Send the board's notice, inspection report or consent order on WhatsApp, or call us. We will tell you what the board will expect in your reply.

This page gives general information about environmental law as it stood when it was last reviewed. It is not legal advice on your case and does not promise any result. Laws, rules, fees and time limits change, so check the current position for your matter before acting.

Have a question about your own case?

A guide can only go so far. Send us the notice, the order or a few photos, and we'll tell you where you stand, which authority or NGT bench deals with it and when the next step is due, in plain words.

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