Module 5

Environment Protection Act

The Environment Protection Act, 1986

The Environment Protection Act, 1986, was enacted to safeguard and enhance the
environment by granting the Central Government authority to implement
measures aimed at preventing pollution in its various forms and addressing
region-specific environmental challenges. The Act was last amended in 1991.

This legislation, which was promulgated in May 1986 and came into effect on 19
November 1986, consists of 26 sections across 4 chapters. It is widely regarded as
a direct response to the Bhopal Gas Tragedy, one of India’s worst industrial
disasters. The Act was enacted under Article 253 of the Indian Constitution,
allowing the Union Government to implement international agreements and take
necessary measures to protect the environment.

What is the Environment Protection Act, 1986?

The Environment Protection Act, 1986 is a pivotal piece of legislation enacted

by the Government of India to protect and improve the environment. It provides
a comprehensive legal framework to regulate human activities that have the
potential to impact the environment adversely. This Act was introduced following
the Bhopal Gas Tragedy, with the aim of unifying various fragmented
regulations on chemical and hazardous waste management under a stronger, more
centralized law.

Aims and Objectives of the Environment Protection Act, 1986

The primary aims and objectives of the EPA are:

 Implementation of Stockholm Conference Decisions : The Act was

enacted to implement the decisions made at the United Nations Conference
on Human Environment in Stockholm.
 Establishment of a Regulatory Authority: The EPA allows for creating a
government authority empowered to issue orders, including closure orders,
to regulate industries and protect the environment.
 Coordination Among Agencies: The Act aims to coordinate the activities
of different agencies working under various environmental laws to ensure
consistency in enforcement.
 Enactment of Environmental Laws: It provides a framework for passing
regular laws to safeguard the environment.
 Penalties for Environmental Offenders: The Act imposes strict
punishments, including imprisonment for up to five years and fines up to
Rs. 1 lakh (which can be extended to seven years in severe cases), for those
violating its provisions.
 Sustainable Development: The EPA emphasizes the sustainable
development of natural resources.
  Protection of the Right to Life (Article 21): It upholds the right to life
and ensures the protection of public health and safety by safeguarding the
environment.

Important Provisions of the Environment Protection Act

1. Government Empowerment: The Act empowers the Central Government to take all
necessary measures to protect the environment, including creating programmes,
regulating industries, and monitoring pollution.
2. Environmental Standards: It allows the government to set and enforce
environmental quality standards, specifically regarding emissions and discharge of
pollutants.
3. Industrial Regulations: The Act restricts the location of industries, ensuring that
environmentally sensitive areas are protected from industrial harm.
4. Inspection and Enforcement Powers: Government officials have the authority to
enter premises for inspection, testing equipment, and taking samples of air, water,
soil, or other substances for environmental analysis.
5. Pollution Control: The EPA strictly prohibits the release of pollutants beyond the
prescribed limits, ensuring that industries and individuals comply with pollution
control standards.
6. Handling of Hazardous Substances: The Act has provisions for properly handling
and regulating hazardous substances, prohibiting their use unless it meets safety and
environmental standards.
7. Public Access to Justice: The Act empowers any individual, in addition to
government officers, to file a complaint in court against anyone violating the EPA’s
provisions, thereby promoting environmental justice and public involvement.
Salient Features of the Environment Protection Act, 1986
The Environment Protection Act, 1986 serves as a cornerstone of environmental legislation
in India with several key features:
1. Comprehensive Scope: The Act covers all environmental aspects across India,
addressing pollution control of air, water, and land.
2. Centralized Authority: It empowers the Central Government to take necessary
actions to prevent, control, and abate environmental pollution, including setting
ecological standards and ensuring compliance.
3. Strict Enforcement: The Act includes stringent penalties for non-compliance,
including imprisonment and hefty fines, reinforcing robust enforcement mechanisms.
4. Norm-Setting Powers: It authorizes the government to set standards for emissions,
effluents, and the management of hazardous substances, ensuring environmental
safety.
 5. Protection of Ecologically Sensitive Areas: The Act provides for the identification
and preservation of ecologically sensitive zones, regulating activities that may harm
these regions.
Amendments to the Environment Protection Act
Several amendments have been introduced to strengthen the Environment Protection Act,
1986 in response to emerging environmental challenges:
 Environment (Protection) Rules, 1986: Established emission and effluent standards,
waste management procedures, and environmental monitoring practices.
 Biomedical Waste (Management and Handling) Rules, 1998: Focused on the safe
management and disposal of biomedical waste.
 Hazardous Wastes (Management and Handling) Rules, 1989, and amendments:
Emphasize the safe management of hazardous waste to minimize its environmental
and health impacts.
 E-Waste (Management and Handling) Rules, 2011: Enforce proper disposal and
recycling of electronic waste, with a focus on manufacturer responsibility.
Significance of the Environment Protection Act
The Environment Protection Act, 1986 plays a critical role in India's environmental
governance, with its importance highlighted through the following:
1. Comprehensive Framework: It integrates various environmental laws, providing a
unified approach to environmental protection and pollution control.
2. Government Empowerment: The Act grants substantial powers to the Central
Government to take necessary actions for environmental preservation and pollution
mitigation.
3. Public Participation: By promoting awareness and encouraging public involvement,
the Act facilitates broader engagement in environmental conservation.
4. Alignment with International Standards: It aligns India's environmental policies
with global conventions and agreements, ensuring compliance with international
norms.
5. Judicial Activism: The Act has been instrumental in supporting judicial activism,
resulting in landmark court rulings that have shaped India's environmental policies.
Drawbacks of the Environment Protection Act, 1986
Despite its strengths, the Act faces several challenges:
1. Enforcement Issues: Limited resources and administrative hurdles often undermine
the Act's effective enforcement.
2. Public Participation: Insufficient transparency and involvement of the public in
decision-making processes weaken the Act's overall impact.
 3. Ambiguous Provisions: Certain provisions are vague, leading to varied
interpretations and inconsistent implementation.
4. Inadequate Penalties: The penalties for non-compliance are sometimes considered
insufficient to act as strong deterrents.
5. Coordination Challenges: Coordination gaps between central and state authorities
often result in fragmented enforcement and regulation of environmental laws.
Indian Government Initiatives to Protect the Environment
In addition to the Environment Protection Act, 1986, the Indian government has launched
several initiatives to address environmental concerns:
 National Green Tribunal (NGT): A specialized judicial body for the expeditious
resolution of environmental disputes.
 Swachh Bharat Abhiyan (Clean India Mission): A national campaign aimed at
promoting cleanliness, sanitation, and waste management.
 Ganga Action Plan & Namami Gange Programme: Focused initiatives for cleaning
and rejuvenating the Ganges River.
 National Action Plan on Climate Change (NAPCC): A strategic plan targeting
climate resilience and sustainable development through eight national missions.
 Plastic Waste Management Rules: Introduced to manage and reduce the
environmental impact of plastic waste.

What is Environmental Pollution?

 Environmental Pollution refers to the introduction of harmful materials into the
environment.
 In other words, environmental pollution is the contamination of the physical and
biological components of the environment to such an extent that normal
environmental processes are adversely affected.
Pollutants
 Any harmful material that, by getting introduced into the environment, causes
environmental pollution is called a pollutant.
 In other words, a pollutant is any substance that contaminates air, water, soil, etc, and
damages their quality.
 Pollutants can be natural, such as volcanic ash, or created by human activity, such as
trash or factory runoff.
Types of Pollutants
Pollutants can be categorised into various types based on different parameters, as
shown below.
 Based on Nature of Disposal
Based on the nature of disposal, pollutants are of the following two types:
1. Non-Biodegradable Pollutants
 Pollutants that cannot be broken down into simpler, harmless substances in nature are
called non-biodegradable pollutants.
 For example, DDT, plastics, polythene, insecticides, pesticides, mercury, lead,
arsenic, aluminium cans, synthetic fibres, glass objects, iron products, silver foils, etc.
 Through bioaccumulation and biomagnification, these pollutants may appear in
greater concentration as we move along the higher tropics of the food chain.
2. Biodegradable Pollutants
 Biodegradable Pollutants can be broken down into simpler, harmless substances in
nature over time.
 For example, Domestic wastes, urine, faecal matter, sewage, agriculture residues,
paper, wood, cloth, cattle dung, animal bones, leather, wool, vegetable stuff or plants
etc.

Based on Form of Persistence

Depending upon the form in which they persist after being released into the
environment, the pollutants are categorised into the following two types:
Primary Pollutants
 Primary Pollutants are those emitted directly from the source and persist in the
environment in the form in which they were added.
 Examples: ash, smoke, fumes, dust, nitric oxide, sulphur dioxide, hydrocarbons, etc.
Secondary Pollutants
 Secondary Pollutants are formed from primary pollutants by chemical interaction
with some constituents present in the atmosphere.
 Examples are Sulphur trioxide, nitrogen dioxide, aldehydes, ketones, ozone, etc.
Based on Nature of Pollutants
Depending upon their existence in nature, pollutants are of the following two types:
Quantitative Pollutants
 These substances normally occur in the environment but acquire the status of
pollutant when their concentration increases due to human unmindfulness.
 For example, Carbon Dioxide (CO2).
 Qualitative Pollutants
 These substances do not usually occur in nature but are added by man.
 For example, insecticides.

Causes of Environmental Pollution

The causes of environmental pollution are based on the following factors:
 Rapid Industrialisation
o The concentration of industries in urban areas releases pollutants into the air,
water, and soil, causing environmental pollution.
o The rapid pace of urbanisation also increases waste generation and resource
consumption, exacerbating pollution and causing severe environmental
pollution.
o Industries also generate hazardous wastes in many forms, including liquids,
solids, gases, and sludge.
 Rapid Urbanization
o The increased pace of urbanisation in recent times has led to worsening
environmental pollution.
o It creates issues such as deforestation and habitat loss, increased emissions and
waste generation, etc.
 Forest Fires
o The frequency of forest fires or wildfires has increased because of human
actions, such as land clearing, encroachment, etc.
o These wildfires are a huge source of environmental pollution, adding large
amounts of gaseous and other pollutants to the environment.
 Improper Agricultural Practices
o According to the IPCC report, the agriculture sector produces at least 23 per
cent of global greenhouse gas emissions (second only to the energy sector).
o Using chemical fertilisers, pesticides, and herbicides in agriculture contributes
to soil and water pollution and environmental pollution.
o Intensive farming practices also lead to deforestation, soil erosion, habitat
destruction and environmental pollution.
 Deforestation
o Deforestation refers to the decrease in forest areas worldwide that are lost for
other uses, such as agricultural croplands, urbanisation, or mining activities.
 o This causes an imbalance in the local ecology and reduces nature’s capability
to absorb pollutants, leading to environmental pollution.
 Other Causes
o Other prominent causes of environmental pollution include continued reliance
on fossil fuels, vehicular emissions, and improper waste management.
Effects of Environmental Pollution
 Environmental pollution has severe consequences on human health, ecosystems, and
the planet. Below are five key effects:
1. Impact on Human Health
Pollution leads to respiratory diseases, cardiovascular problems, and infections. Air
pollution causes asthma, lung cancer, and heart disease, while contaminated water
results in cholera and gastrointestinal disorders. Exposure to toxic chemicals in soil
and food can lead to long-term health risks, including organ damage and
developmental issues.
2. Damage to Ecosystems and Biodiversity
Pollutants harm wildlife and disrupt natural habitats. Water pollution affects aquatic
life, leading to fish deaths and loss of marine biodiversity. Airborne toxins damage
forests, while soil contamination reduces fertility, affecting plant and animal life.
Many species face extinction due to habitat destruction caused by pollution.
3. Climate Change Acceleration
Air pollution, particularly from greenhouse gases like CO₂ and methane, contributes
to global warming. Rising temperatures lead to extreme weather events, glacier
melting, rising sea levels, and desertification, affecting both natural and human
environments worldwide.
4. Economic Consequences
Pollution affects industries such as agriculture, fishing, and tourism. Crop yields
decline due to soil and air contamination, while polluted water bodies harm fisheries.
Increased healthcare costs and loss of productivity due to pollution-related illnesses
also burden economies.
5. Degradation of Quality of Life
Excessive noise, light, and air pollution lower life expectancy and mental well-being.
Polluted cities experience reduced visibility, foul odors, and poor living conditions,
making daily life uncomfortable and unhealthy for residents.
 Types of Environmental Pollution
 Environmental pollution can be categorised into several types based on the nature of
the pollutants and the media they affect.
 Some of the major types of environmental pollution are described below.

Air Pollution
 Air Pollution is the contamination of the atmosphere with harmful substances that
can adversely affect human health, ecosystems, and climate.
 Air pollution is caused by releasing harmful gases and particulate matter into the
atmosphere.
 Significant sources of air pollution include industrial emissions, vehicular exhaust,
and burning fossil fuels, which causes environmental pollution.
 Air Pollution is linked to respiratory diseases, cardiovascular problems, and global
phenomena like acid rain and climate change.

Water Pollution
 Water Pollution refers to the contamination of water bodies such as rivers, lakes, and
oceans with pollutants such as industrial effluents, sewage, agricultural runoff, and oil
spills.
 Water Pollution occurs when pollutants are discharged into water bodies, leading to
water quality degradation.
 Industrial effluents, agricultural run-off, and domestic sewage contribute to Water
Pollution.
 Contaminated water affects aquatic life, disrupts ecosystems, and poses serious health
risks to humans.

Soil Pollution
 Soil Pollution refers to soil contamination with harmful substances, including heavy
metals, pesticides, and industrial waste.
 Major sources of soil pollution include – the deposition of hazardous chemicals,
heavy metals, and waste on land.
 Key factors are agricultural practices involving excessive use of pesticides and
fertilisers, industrial waste dumping, and improper disposal of solid waste, which also
causes environmental pollution.
 Soil pollution reduces soil fertility, contaminates crops, and affects food security.

Noise Pollution
 Noise Pollution refers to excessive noise that can adversely affect human health and
wildlife.
 Significant contributors to noise pollution include noise from industrial activities,
traffic, construction, and urbanisation.
 Chronic exposure to high noise levels can lead to hearing loss, stress, and other health
issues, which in turn can lead to environmental pollution.

Thermal Pollution
 Thermal Pollution is defined as the sudden increase or decrease in the temperature of
a natural body of water, such as an ocean, lake, river, or pond.
 This sudden change in water temperature is mainly due to anthropogenic activities.
 For example, a power plant takes water from a source, such as a river, as a coolant
and then discharges the warm water back into the water body.
 Thermal Pollution leads to several issues in the aquatic ecosystem, such as decreased
Dissolved Oxygen (DO) levels, algae growth, and a surge in toxins.

Nuclear Pollution or Radiation Pollution

 Nuclear Pollution or Radiation Pollution can be defined as the release of high-energy
particles into the air, water or surface.
 It is caused by radioactive materials contaminating the environment by decaying
natural or anthropogenic activities.
 Breaches at nuclear power plants, scientific laboratories, chemical spills, etc, are some
of the prominent causes of Nuclear Pollution or Radiation Pollution.
 Radiation modifies and destroys cells and genetic materials in living organisms,
resulting in ill impacts on health.

Marine Pollution
 Marine Pollution can be defined as the introduction of substances to the marine
environment directly or indirectly by humans, resulting in adverse effects such as
hazards to human health, obstruction of marine activities and lowering the quality of
seawater.
 Waste and sewage from different sources, such as industries, residences, etc, are
directly discharged into the sea and are the primary sources of marine and
environmental pollution.
 It affects the flora and fauna of the marine environment.

Plastic Pollution
 Plastic pollution is the contamination of the environment with plastic waste, such as
discarded plastic items and debris.
 Plastic pollution is a major environmental problem because it takes hundreds of years
for plastic to decompose.
 Plastic wastes can accumulate in landfills, waterways, and oceans, causing harm to
wildlife and ecosystems.
 Plastic pollution severely impacts the health of humans, wildlife and the overall
ecosystem.
 Light Pollution
 Light Pollution refers to excessive artificial light that can disrupt ecosystems and
nocturnal activities.
 Over-illumination in urban areas disrupts natural light cycles, affecting wildlife and
human health.
 It contributes to energy waste and interferes with astronomical observations.
Consequences of Environmental Pollution
The consequences of environmental pollution are as follows:
 Public Health
o Pollution is a significant cause of diseases and premature deaths globally.
o Different types of pollution have different impacts on human health.
o Air pollution alone is responsible for millions of deaths annually, with
children and the elderly being particularly vulnerable.
 Environmental Degradation
o Pollution disrupts ecosystems, leading to the loss of biodiversity, degradation
of natural habitats, and alteration of ecological processes.
o All these, in turn, lead to issues such as disruption of food chains and
environmental pollution.
 Climate Change
o Pollution, particularly from greenhouse gas emissions, is a significant driver of
climate change.
o This, in turn, leads to issues such as global warming, more frequent and severe
weather events, rising sea levels, and shifts in ecosystems.
 Economic Costs
o The economic burden of pollution is immense, including loss of productivity
and ecosystem damage.
 The expenses on environmental pollution control measures and
increased healthcare costs also add to the economic costs of pollution.
 Social Impacts
o Pollution can reduce overall quality of life by affecting people’s health, well-
being, and enjoyment of their environment.
o Environmental degradation and its associated consequences, such as droughts,
water crises, etc, can cause social unrest and conflicts, forced displacement of
communities, etc
 Powers of the Central Government under EPA 1986
Power of Central Government to take measures to protect and
improve environment
As per the act, the Central Government shall have the power to take all
such measures as it deems necessary or expedient for the purpose of
protecting and improving the quality of the environment and preventing,
controlling and abating environmental pollution. It includes:
 Coordination of actions by the State Governments, officers and other
authorities
 Planning and execution of a nation-wide programme for the prevention,
control and abatement of environmental pollution
 Laying down standards for the quality of environment in its various
aspects
 Laying down standards for emission or discharge of environmental
pollutants from various sources whatsoever
 Restriction of areas in which any industries, operations or processes or
class of industries, operations or processes shall not be carried out or shall
be carried out subject to certain safeguards
 Laying down procedures and safeguards for the prevention of accidents
which may cause environmental pollution and remedial measures for such
accidents
 Laying down procedures and safeguards for the handling of hazardous
substances
 Examination of such manufacturing processes, materials and substances
as are likely to cause environmental pollution
 Carrying out and sponsoring investigations and research relating to
problems of environmental pollution
 Inspection of any premises, plant, equipment, machinery, manufacturing
or other processes, materials or substances and giving, by order, of such
directions to such authorities, officers or persons as it may consider
necessary to take steps for the prevention, control and abatement of
environmental pollution
 Establishment or recognition of environmental laboratories and institutes
to carry out the functions entrusted to such environmental laboratories
and institutes under this Act
 Collection and dissemination of information in respect of matters relating
to environmental pollution
 Preparation of manuals, codes or guides relating to the prevention, control
and abatement of environmental pollution

Appointment of officers and their powers and functions

As per section 3 of the act, the Central Government may, if it considers it
necessary or expedient so to do for the purposes of this Act, by order,
published in the Official Gazette, constitute an authority or authorities by
such name or names as may be specified in the order for the purpose of
exercising and performing such of the powers and functions
 The Central Government may appoint officers with such designations as it
thinks fit for the purposes of this Act and may entrust to them such
powers and functions under this Act as it may deem fit.
Power to give directions
The Central Government may, in the exercise of its powers and
performance of its functions under this Act, issue directions in writing to
any person, officer or any authority and such person, officer or authority
shall be bound to comply with such directions.
Rules to regulate environmental pollution
The Central Government may, by notification in the Official Gazette, make
rules in respect of all or any of the matters referred to in section 3.
In particular, and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the following matters,
namely:
 The standards of quality of air, water or soil for various areas and
purposes
 The maximum allowable limits of concentration of various environmental
pollutants (including noise) for different areas
 The procedures and safeguards for the handling of hazardous substances
 The prohibition and restrictions on the handling of hazardous substances
in different areas
 The prohibition and restrictions on the location of industries and the
carrying on of processes and operations in different areas
 The procedures and safeguards for the prevention of accidents which may
cause environmental pollution and for providing for remedial measures for
such accidents.

Hazardous substance
A Hazardous substance can be any substance, whether solid, liquid or gas, that may cause
harm to health and the environment. Any substance or agent, whether biological, chemical,
radioactive, or physical in origin, that endangers humans, animals, or the environment
qualifies as a hazardous substance. Any substance combined with hazardous substances is
also harmful. A hazardous substance refers to any material that can potentially cause harm,
whether directly or indirectly. You might come into contact with hazardous substances while
conducting sampling activities, whether during the sampling process or within the working
environment. Any substance with one or more of the following inherently risky
characteristics is considered a hazardous substance:

o Toxicity
o Explosiveness
o Ability of Oxidation
o Flammability
o Ability to acquire any of the aforementioned qualities when exposed to air or water.

Dangerous goods are hazardous substances transported under ADR Regulations. They require
documentation and labelling during transportation. Treat hazardous substances and dangerous
goods similarly in practice, taking necessary precautions. Avoid entering hazardous
environments, or sampling declared cargo if untrained. Qualified personnel or contractors
should sample certain goods. However, some goods should never be sampled.

Examples of Hazardous Substances

Some of the examples of hazardous materials listed are given in the table below:

Examples of Hazardous Substances

Liquid Degreasing solvent or cleaning chemical agents
Vapour The Solvent vapour released from adhesives, paints or inks
Gas Chlorine or carbon monoxide
Dust, Powder or Paste Wood, cement, metal, flour, grain, rubber or stone dust.
Spray or Mist Paint and epoxy sprays and acid mists
Fumes Welding, hot rubber, soldering, galvanising fumes
Biological Agents Bacteria, Fungi, Virus