PHILIPPINE CLEAN AIR ACT
OF 1999
R.A. No. 8749
AIR POLLUTION
“Any alteration of the physical, chemical and
biological properties of the atmospheric air, or any
discharge thereto of any liquid, gaseous or solid
substances that will or is likely to create or to render
the air resources of the country harmful, detrimental,
or injurious to public health, safety or welfare or
which will adversely affect their utilization for
domestic, commercial, industrial, agricultural,
recreational, or other legitimate purposes.” (Article
II, Section 5 (b))
AIR POLLUTION
“Air Pollution refers to the
introduction of physico-
c h e m i c a l or b i o l o g i c a l
m a t e r i a l s i n t o t h e
atmosphere that may cause
harm or d i s c o m f o r t to
humans or other living
organisms, or deterioration of
the natural environment.”
AIR POLLUTANTS
Any matter found in the atmosphere other than
oxygen, nitrogen, water vapor, carbon dioxide, and
the inert gases all in their natural or normal
concentrations, that is detrimental to health or the
environment, which includes but not limited to
smoke, dust, soot, cinder, fly ash, solid particles of
any kind, gases, fumes, chemical mists, contaminated
steam and radioactive substances. (Article II, Section
5 (a))
DECLARED PRINCIPLES
The State shall protect and advance the right of the
people to a balanced and healthful ecology in accord
with the rhythm and harmony of nature.
The State shall promote and protect the global
environment to attain sustainable development
while recognizing the primary responsibility of local
government units to deal with environmental
problems.
SUSTAINABILITY
The practice of maintaining
processes of productivity
indefinitely—natural or human
made— by replacing resources
used with resources of equal or
greatervaluewithout
degrading or endangering
natural biotic systems.
DECLARED PRINCIPLES
The State recognizes that the responsibility of
cleaning the habitat and environment is primarily
area-based.
The State also the principle that recognizes
“polluters must pay”.
Finally, the State recognizes that a clean and healthy
environment is for the good of all and should
therefore be the concern of all.
POLLUTER PAYS
PRINCIPLE
The "polluter pays" principle aims at ensuring that the costs of
environmental control fall in the first place on the polluters,
thereby ensuring that market forces take these costs into account
and that resources would be allocated accordingly in production
and consumption.
Making use of pollution charges basically embraces the "polluter
pays" principle. The principle is embodied in the idea that
environmental externalities should be internalized by those who
cause them. By internalizing the cost of pollution, firms are
given an incentive to minimize the generation of pollutants
and/or provide treatment for the pollution generated.
DECLARED POLICIES
Formulate a holistic national program of air pollution
management that shall be implemented by the government
through proper delegation and effective coordination of
functions and activities;
Encourage cooperation and self-regulation among citizens and
industries though the application of market-based instruments;
Focus primarily on pollution prevention rather than on control
and provide for a comprehensive management program for air
pollution;
DECLARED POLICIES
Promote public information and education to
encourage the participation of an informed and
active public in air quality planning and monitoring;
and
Formulate and enforce a system of accountability for
short and long-term adverse environmental impact
of a project, program or activity. This shall include
the setting up of a funding or guarantee mechanism
for clean-up and environmental rehabilitation
and compensation for personal damages.
INTEGRATED AIR QUALITY
IMPROVEMENT FRAMEWORK
A comprehensive air pollution management and control
program.
The framework shall, among others, prescribe the emission
reduction goals using permissible standards, control strategies
and control measures to undertaken within a specified time
period, including cost-effective use of economic incentives,
management strategies, collective actions, and environmental
education and information.
It shall be adopted as the official blueprint with which all
government agencies must comply with to attain and maintain
ambient air quality standards.
GOVERNMENT AGENCIES
AND THEIR ROLES
DOTC - design, impose on and collect regular
emission fees from motor vehicle as part of the
vehicle registration / renewal system, as the case
may be; implement the emission standards for
motor vehicles
DOST - establish, in coordination with the DENR,
private sector , the academe, non-government
organizations and people’s organizations, a National
Research Development Program for the prevention
and control of air pollution
GOVERNMENT AGENCIES
AND THEIR ROLES
DTI - develop an action plan for the control and
management of air pollution from motor vehicles
with the Integrated Air Quality Management
Framework; stablish the procedures for the
inspection of motor vehicles and the testing of their
emissions for the purpose of determining the
concentration and/or rate of emission of pollutants
discharged by the said sources
GOVERNMENT AGENCIES
AND THEIR ROLES
DOE - shall set specifications for all types of fuel and
fuel-related products, to improve fuel composition
for increased efficiency and reduced emissions.
PAGASA - regularly monitor meteorological factors
affecting environmental conditions including ozone
depletion and greenhouse gases.
GOVERNMENT AGENCIES
AND THEIR ROLES
DEPED, CHED, DILG and PIA - encourage
participation of government agencies and the private
sector including NGOs, POs, academe,
environmental groups and other private entities in a
multi-sectoral campaign
Philippine Nuclear Research Institute (PNRI) -
regulate all projects which will involve the use of
atomic and/or nuclear energy, and will entail release
of radioactive substances into the environment.
ROLE OF LOCAL
GOVERNMENT UNITS
Share the responsibility in the management and
maintenance of air quality within their territorial
jurisdiction
Implement air quality standards set by the Board in
areas within their jurisdiction
DENR AS THE LEAD
AGENCY
The DENR, shall be the primary government agency
responsible for the implementation and enforcement
of this Act. To be more effective in this regard, the
Department's Environmental Management Bureau
(EMB) shall be converted from a staff bureau to a line
bureau for a period of no more than two (2) years,
unless a separate, comprehensive environmental
management agency is created.
POWERS AND FUNCTIONS OF
THE DENR
To prepare annual National Quality Status Report pursuant to Section 6
of the Act;
To design and develop, in cooperation with the National Statistical
Coordination
Board (NCSB), an information network for data storage, retrieval and
exchange;
To serve as the central depositary of all data and information related to
air quality;
To issue and, from time to time, revise information on air pollution
control techniques upon consultation with the appropriate committees,
government agencies and LGUs;
POWERS AND FUNCTIONS OF
THE DENR
In coordination with other concerned agencies, review and/or
revise and publish annually a list of hazardous air pollutants
with
corresponding ambient guideline values and/or standard
necessary to protect public health and safety, and general
welfare;
To design, impose on and collect regular emission fees from
industrial dischargers as part of the emissions permitting
system based on environmental techniques;
To issue permit as it may determine necessary for the
prevention and abatement of air pollution;
POWERS AND FUNCTIONS OF
THE DENR
• To require program and project proponents
to put up financial guarantee mechanisms to
finance the needs for emergency response,
clean-up or rehabilitation of areas that may
be damaged during the program or project's
actual implementation;
• To review, or as the need therefore arises,
revise and publish emission
• standards to further improve the emission sources of air
pollution as well standards for stationary as emission standards for motor
vehicles;
To have the right of entry or access to any premises including documents
and relevant materials; to inspect any pollution or waste source, control
devise, monitoring equipment or method required; and to test any
emission;
POWERS AND FUNCTIONS OF
THE DENR
To require any person who owns or operates any emission
source or who is subject to any requirement of the Act to (i)
establish and maintain relevant records; (ii) make relevant
reports; (iii) install, use and maintain monitoring equipment or
methods; (iv) sample emission, in accordance with the
methods, locations, intervals, and manner prescribed by the
Department; and (v) keep records;
To exercise such other powers and functions as provided by the
law, the Act and these Implementing Rules and Regulations.
DESIGNATION OF
AIRSHEDS
the designation of airsheds shall be on the basis of,
but not limited to, areas with similar climate,
meteorology and topology which affect the
interchange and diffusion of pollutants in the
atmosphere, or areas which share common
interest or face similar development programs,
prospects or problems.
a system of planning and coordination shall
established and a action b
common for each
formulated pla e shall
airshed. n
AIRSHEDS
Refers to areas with common weather or meteorological
conditions and sources of air pollution which affect the
interchange and diffusion of pollution in the surrounding
atmosphere.
Sub-areas within airsheds may therefore have similar air
quality, and face similar problems, development programs
and prospects
Emissions trading may be allowed among pollution sources
within an airshed.
MEMBERS OF THE
GOVERNING BOARD
Provincial Governors from areas belonging to the airshed;
City/Municipal Mayors from areas belonging to the airshed;
A representative from each concerned government agency;
Representatives from people’s organizations;
Representatives from non-government organizations; and
Representatives from the private sector.
FUNCTIONS OF THE
BOARD
Formulation of policies;
Preparation of a common action plan;
Coordination of functions among its members; and
Submission and publication of an annual Air Quality
Status Report for each airshed.
AIR POLLUTION
CLEARANCES AND PERMITS
Consistent with the provisions of this Act, the
Department shall have the authority to issue permits
as it may determine necessary for the prevention and
abatement of air pollution.
Said permits shall cover emission limitations for the
regulated air pollutants to help attain and maintain
the ambient air quality standards. These permits
shall serve as management tools for the LGUs in the
development of their action plan.
EMISSION QUOTAS
The DENR may allow each regional industrial center
that is designated as special airshed to allocate
emission quotas to pollution sources within its
jurisdiction that qualify under an environmental
impact assessment system programmatic compliance
program pursuant to the implementing rules and
regulations of Presidential Decree No. 1586
LEGAL ACTIONS UNDER THE
CLEAN AIR ACT
Administrative Action against any person who
violates the following:
Standards or limitation provided under this Act;
or
Any order, rule or regulation issued by the
Department with respect to such standard or
limitation.
LEGAL ACTIONS UNDER THE
CLEAN AIR ACT
Any citizen may file the appropriate civil, criminal or administrative action in
the proper courts against: (Citizen Suits)
Any person who violates or fails to comply with the provisions of this Act
or its implementing rules and regulations; or
The Department or other implementing agencies with respect to orders,
rules and regulations issued inconsistent with this Act; and/or
Any public officer who willfully or grossly neglects the performance of an
act specifically enjoined as a duty by this Act or its implementing rules
and regulations; or abuses his authority in the performance of his duty;
or, in any manner, improperly performs his duties under this Act or its
implementing rules and regulations
STRATEGIC LEGAL ACTIONS
AGAINST PUBLIC PARTICIPATION
Where a suit is brought against a person who filed an action as
provided in Sec. 41 of this Act, or against any person, institution
or government agency that implements this Act, it shall be the
duty of the investigating prosecutor or the court, as the case
may be, to immediately make a determination not exceeding
thirty (30) days whether said legal action has been filed to
harass, vex, exert undue pressure or stifle such legal recourses
of the person complaining of or enforcing the provisions of this
Act. Upon determination thereof, evidence warranting
the same, the court shall dismiss the case and award
attorney’s fees and double damages.
STRATEGIC LEGAL ACTIONS
AGAINST PUBLIC PARTICIPATION
This provision shall also apply and benefit public
officers who are sued for acts committed in their
official capacity, there being no grave abuse of
authority, and done in the course of enforcing this
Act.
FINES AND PENALTIES
Violation of Standards for Stationary Sources
fine not more than P100,000.00 for every day
of violation until standards have been
complied with
c l o s u r e , s u s p e n s i o n of dev e l o p m e n t ,
construction, or operations of the stationary s
ourcesuntilsuchtimethatproper
environmental safeguards are put in place
FINES AND PENALTIES
Violation of Standards for Motor
Vehicles
First - a fine not to Two Peso
Offens exceed Thousan s
e d
(P2,000.00);
Second Offense - a fine not less than Two Thousand Pesos
(P2,000.00) and not to exceed Four Thousand Pesos
(P4,000.00); and
Third offense - one (1) year suspension of the Motor Vehicle
Registration (MVR) and a fine of not less than Four Thousand
Pesos (P4,000.00) and not more than Six thousand pesos
(P6,000.00).
FINES AND PENALTIES
Violations of Other Provisions
Fine not less than P10,000 but not more than
P100,000; or
six (6) months to six (6) years imprisonment;
or
both fine and imprisonment.
FINES AND PENALTIES
Gross Violations
imprisonment of not less than six (6) years but not more than
ten(10) years at the discretion of the court.
Meaning:
3 or more specific offenses within a period of year;
3 or more specific offenses within 3 consecutive years;
blatant disregard of the orders of the PAB, such s but not limited to the
breaking of seal, padlocks and other similar devices, or operation despite
the existence of an order for closure, discontinuance or cessation of
operation; and
irreparable or grave damage to the environment as a consequence of any
violation of the Clean Air Act
