Background
Gujarat Pollution Control Board (GPCB) has issued Circular No. GPCB/0039/07/2026 dated 7th July 2026 (Letter No. GPCB/PUR/e-file/128/2026/0390/Legal/3/2026) to operationalise the requirements of CAQM Direction No. 76 dated 29th September 2023 (as amended on 22nd February 2024) and the CPCB Letter F.No. EQ-11099/8/2021-AQM-HO-CPCB-HO-Part(5) dated 22nd March 2024, with specific application to establishments in Gujarat’s non-attainment cities. The Circular establishes a capacity-based tiered framework for the control of ambient air pollution from Diesel Generator (DG) set emissions, applicable to all establishments operating DG sets in non-attainment cities. Non-attainment cities are those urban areas that have not met the National Ambient Air Quality Standards (NAAQS) and are subject to additional regulatory measures to reduce air pollution. CAQM Direction No. 76 introduced a comprehensive schedule of emission control requirements differentiated by DG set capacity, ranging from mandatory stack emission limits and emission control mechanisms for DG sets of 800 kW and above, through dual fuel mode and retro-fitted ECD requirements for mid-range sets, to GRAP-based operational restrictions for smaller portable sets. The GPCB Circular gives these requirements legal effect within Gujarat under the Environment (Protection) Act, 1986.
Applicability
GPCB Circular No. GPCB/0039/07/2026 and the underlying CAQM Direction No. 76 (as amended) apply to all establishments in Gujarat’s notified non-attainment cities that operate Diesel Generator sets of any capacity. The compliance requirements are capacity-tiered: establishments with DG sets of 800 kW and above must install emission control mechanisms, comply with stack emission limits (PM, NOx, CO), and maintain prescribed stack height; those with DG sets of more than 800 kW must additionally adopt a suitable Air Pollution Control Device; establishments with DG sets of 61 kW to less than 800 kW must adopt dual fuel mode or retro-fitted ECDs from certified agencies; those with DG sets of 19 kW to less than 61 kW must adopt dual fuel mode, with a limited diesel-only emergency exception where gas infrastructure is unavailable; and those operating portable DG sets of less than 19 kW must suspend operation during GRAP restriction periods except for designated emergency services. DG sets that comply with the applicable emission control requirements may operate without restrictions, including during GRAP periods.
Compliance Requirement Under the act in Accordance with the Rules & Regulations:
Every establishment in Gujarat’s non-attainment cities operating a Diesel Generator (DG) set of 800 kW and above must install an emission control mechanism and ensure that stack emissions comply with the following limits, measured at 15% O2: Particulate Matter (PM) not exceeding 50 mg/Nm3; Oxides of Nitrogen (NOx) not exceeding 650 mg/Nm3; and Carbon Monoxide (CO) not exceeding 100 mg/Nm3. The DG set must maintain a minimum stack height of 30 metres, or 6 metres above the building height, whichever is higher. DG sets of 800 kW and above that comply with these emission limits and stack height requirements may operate without restrictions, including during periods of restriction under the Graded Response Action Plan (GRAP), in accordance with GPCB Circular No. GPCB/0039/07/2026 issued pursuant to CAQM Direction No. 76 and the CPCB Letter dated 22nd March 2024.
Establishments in non-attainment cities in Gujarat operating DG sets of more than 800 kW must adopt a suitable Air Pollution Control Device (APCD) to control ambient air pollution from DG set emissions. The adoption of the APCD is subject to strict compliance with the emission standards notified vide GSR 489(E) dated 9th July 2002 for DG sets of more than 800 kW. The APCD must be installed and operated in a manner that ensures compliance with the prescribed stack emission limits — PM not exceeding 50 mg/Nm3, NOx not exceeding 650 mg/Nm3, and CO not exceeding 100 mg/Nm3 at 15% O2 — at all times.
Establishments in non-attainment cities in Gujarat operating in-use DG sets of 61 kW to less than 800 kW must adopt one of the following emission control systems: (a) dual fuel mode, operating the DG set on a combination of diesel and an approved gaseous fuel (such as natural gas or bio-gas) to reduce emissions; or (b) retro-fitted Emission Control Devices (ECDs) procured and installed through certified vendors or agencies approved for this purpose. DG sets in this capacity range that comply with the prescribed emission control requirements may operate without restrictions, including during periods of restriction under GRAP. Separately, for in-use DG sets in this range that are older than five years from the date of manufacturing and are within their useful life (defined as fifteen years from the date of manufacturing or 50,000 hours of operation, whichever is earlier), the use of certified Retro-fitted Emission Control Devices (RECDs) from approved manufacturers is also an option, as specified in the CPCB Letter dated 22nd March 2024.
Establishments in non-attainment cities in Gujarat operating DG sets of 19 kW to less than 61 kW must adopt dual fuel mode for operation, using a combination of diesel and an approved gaseous fuel to reduce emissions. DG sets in this range operating in dual fuel mode may operate without restrictions, including during periods of restriction under GRAP. Where a DG set in this capacity range cannot operate in dual fuel mode solely because gas infrastructure and supply are unavailable at the location, the DG set may continue to operate on diesel but only for emergency services as stipulated in CAQM Direction No. 76. This exemption is limited to genuine non-availability of gas infrastructure; establishments must take steps to secure gas supply and convert to dual fuel mode as soon as gas infrastructure becomes available.
Establishments in non-attainment cities in Gujarat operating portable DG sets of less than 19 kW are not subject to operational restrictions during normal periods (i.e., outside GRAP restriction periods). However, during periods of restriction under the Graded Response Action Plan (GRAP), portable DG sets of less than 19 kW shall not generally be permitted to operate, as no specific emission control mechanism is currently available for this capacity range. The only exception is for emergency services as stipulated in CAQM Direction No. 76 — such services may operate portable DG sets below 19 kW even during GRAP restriction periods. All establishments must ensure that they are aware of prevailing GRAP restriction periods and immediately suspend operation of portable DG sets below 19 kW upon the imposition of GRAP restrictions, unless the operation is for a designated emergency service.
Penalty & Consequences
Section 15 of the Environment (Protection) Act, 1986 — Penalty for Failure to Comply with DG Set Emission Norms and GPCB Directions
Whoever fails to comply with or contravenes any provision of the Environment (Protection) Act, 1986, or any rule made or order or direction issued thereunder — including GPCB Circular No. GPCB/0039/07/2026 dated 7th July 2026, CAQM Direction No. 76 as amended, and the CPCB Letter dated 22nd March 2024 — shall, in respect of each such failure or contravention, be punishable with: (a) imprisonment for a term which may extend to five years, with a fine which may extend to ₹1,00,000, or with both; and (b) in the case of a continuing failure or contravention, an additional fine which may extend to ₹5,000 for every day during which such failure or contravention continues after conviction for the first failure or contravention. Where the failure or contravention continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which may extend to seven years.
Section 15A of the Environment (Protection) Act, 1986 — Penalty for Failure to Comply by Companies
Where a company commits any failure or contravention of the provisions of the Act or the rules, orders, or directions made thereunder — including DG set emission standards and GPCB circulars — every person who, at the time of the failure or contravention, was in charge of and responsible for the conduct of the business of the company shall be deemed guilty and liable to be proceeded against and punished accordingly. A company shall not, however, be liable if it proves that the failure or contravention was committed without its knowledge or that it exercised all due diligence to prevent the failure or contravention.
GRAP-Based Operational Restrictions — Non-Compliance Consequences
Establishments in Gujarat’s non-attainment cities that fail to comply with the GRAP-based operational restrictions for DG sets — including operating DG sets of 19 kW to less than 61 kW on diesel only without gas infrastructure unavailability justification, or operating portable DG sets below 19 kW during GRAP restriction periods outside emergency services — are liable to enforcement action by GPCB, including show-cause notices, directions to stop or restrict operation, and prosecution under the Environment (Protection) Act, 1986. Non-compliance during GRAP restriction periods may also attract action by the Commission for Air Quality Management in NCR and Adjoining Areas (CAQM) for establishments within CAQM’s jurisdiction.
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