Philippine Clean Air Act

 Republic Act No. 8749, otherwise known as

the Philippine Clean Air Act, is a
comprehensive air quality management policy
and program which aims to achieve and
maintain healthy air for all Filipinos.
 protect and advance the right of the people to a
balanced and healthful ecology in accord with the
rhythm and harmony of nature;
 promote and protect the global environment
while recognizing the primary responsibility of
local government units to deal with
environmental problems;
 recognize that the responsibility of cleaning the
habitat and environment is primarily area-based;
 recognize that “polluters must pay”
 recognize that a clean and healthy environment
is for the good of all and should therefore be the
concern of all.
 Air Quality Monitoring and Information
Network
 Integrated Air Quality Improvement
Framework
 Air Quality Control Action Plan
 Airshed
Designation of airsheds managed
 The Secretary of the DENR, upon recommendation of
the Environmental Management Bureau (EMB), will
divide the country into different airsheds.
 Airsheds are to be designated based on climate,
weather, meteorology, and topology, which affects
the mixture and diffusion of pollutants in the air,
share common interests or face familiar development
problems. DENR Administrative Order No. 2002-05
and Memorandum Circular No. 2002-1 dated January
23, 2002 provided initial designation of the Metro
Manila air shed (NCR, Region III and Region IV-A) and
the creation of its interim governing board.
 Airsheds are to be managed by multi-
sectoral governing boards chaired by the
Secretary of the DENR with representatives
from the local governments concerned
(province/city/municipality), the private
sector, people’s organizations, NGO’s and
concerned government agencies
 Metro Manila Airshed (NCR, Region III & Region 4-A)
 Northeastern Pagasinan (Region I)
 Metro Tugegarao (Region II)
 Baco, Naujan, Calapan ( Region IV-B)
 Naga City ( Region V)
 Metro Iloilo ( Region VI)
 Metro Cebu ( Region VII)
 Zamboanga City ( Region IX)
 Cagayan De Oro ( Region X)
 Agusan Del Norte – Butuan City ( Region XII)
 South Cotabato (Region XIII)
 BLIST ( Baguio, La Trinidad, Itogon, Sablan, Tuba (
CAR)
Each governing board shall:
 formulate policies and standards subject to
national laws;
 prepare a common action plan;
 prepare a common action plan;
 Submit and publish an annual Air Quality
Status Report for their airshed.
 To carry out the day-to-day work of the
board, a nine - member Executive Committee
is to be elected at large by the members of
the Governing Board. Technical Working
Groups are also to be formed to ensure
boarder participation of all stakeholders. The
EMB will serve as the technical secretariat of
each Governing Board.
 Administered by the DENR, through the Bureau,
as a special account in the National Treasury
 Established to finance containment, removal and
clean up operations of government in air
pollution cases.
 Guarantee restoration of ecosystems and
rehabilitate areas affected by violations to the Act
 Support research, enforcement and monitoring
activities of the relevant agencies.
 Such fund may likewise be allocated per airshed
for the undertakings herein stated.
 Air emission charges from industries and
motor vehicles;
 Fines and penalties for non-compliance with
air pollution standards;
 Grants from both private sector and donor
organizations
 Limited percentage (5 to 10%) of the proceeds
of the Program Loan for the Metro Manila Air
Quality Improvement Sector Development
Program.
 The National Ambient Air Quality Guideline
Values, in order to protect health, safety and
general welfare, have been set in the law.
These are to be routinely reviewed by the
DENR, through the EMB, in the coordination
with other concerned agencies and sectors.
 All potential sources of air pollution (mobile,
point, and area sources) must comply with the
provisions of the law. All emissions must be
within the air quality standards
 Mobile sources refer to vehicles like cars, trucks,
buses, motorcycles, and vans.
 Point sources refer to stationary sources such as
industrial firms and smokestacks of power
plants, hotels and other establishments.
 Area sources refer to sources of emissions such
as smoking, burning of garbage, dust from
construction, unpaved grounds, etc…
Exhaust emission standards for various mobile sources that are either in
use, new, rebuilt and imported second-hand have been set.
 All new motor vehicles classified under the Philippine National Standards
1891 of the Bureau of Product Standards of the Department of Trade
and Industry, whether locally assembled/manufactured or imported are
to be covered by a Certificate of Conformity (COC). The COC is to be
issued by the DENR to the motor vehicle manufacturer, assembler or
importer.
 In-use motor vehicles will only be allowed renewal of their registration
upon proof of compliance with emission standards through actual
testing by the Motor Vehicle Inspection System (MVIS) of the DOTC/LTO
and authorized private emission testing centers.
 On the other hand, rebuilt motor vehicles or imported second hand
completely built-up or pre-regulated vehicles retrofitted with
secondhand engines will only be allowed registration or renewal of
registration upon submission of a valid Certificate of Compliance to
Emission Standards (CCES) issued by the DOTC. The CCES will only be
issued if the exhaust emission standard for that specific motor vehicle is
met, as verified by actual testing through the MVIS.
 Smoke belching vehicles on the road shall be
subjected to emission testing by properly
equipped enforcement teams from
DOTC/LTO or its duly deputized agents.
Violators will be subjected to the following
fines/penalties:
1st offense 1000
2nd offense P 3000
3rd offense P 5000 plus a seminar on
pollution management
Clean fuels are needed to achieve clean air. The CAA
thus provides for:
 The complete phaseout of leaded gasoline before the
end of the year 2000.
 The lowering of the sulfur content of industrial and
automotive diesel respectively, from 0.5% to 0.3% and
from 0.2% to 0.05%.
 The lowering of aromatics is unleaded gasoline from
45% maximum to 35 % maximum; and the lowering of
benzene in unleaded gasoline from 4% maximum to
2% maximum.
 Further improvements on the fuel quality, excluding
cleaner alternative fuels will be spearheaded by the
Department of Energy.
 All stationary sources must comply with the National Emission
Standards for Source Specific Air Pollutants (NESSAP) and
National Ambient Air Quality Standards (NAAQS) and must
secure their permit to operate prior to operation.

 For new or modified sources, the permit to operate shall be

converted to Authority to Construct.

 The Act also provides for the maintenance of attainment and

non-attainment areas, in respective specifications.

Attainment areas are such where the existing ambient air

quality complies with the National Ambient Air Quality Guideline
Values.
 must comply with the NESSAP and the NAAQS, or submission
of compliance program in case of noncompliance.

 may use emissions trading and/or averaging as part of

compliance plan;

 must comply within 18 months if found non- complainant;

 must pay mass emission fees.

For new or modified sources of air pollution in attainment
areas, the following must be observed:

 must have an “Authority to Construct” which is converted to

permit to operate.

 must comply with the NESSAP and NAAQS.

 must apply “Best Available Control Technology” or such

approaches, techniques or equipment which when used, result in
lower air emissions, but in a cost-effective manner;

 emissions averaging is not allowed, but may generate emission

credits for selling;

 must pay mass emissions fees.

 must install Continuous Emission Monitoring System (CEMS) for

sources with potential to emit greater than or equal to 100 tons
per year.
For existing stationary sources in nonattainment
areas, the following must be observed:

 must comply with the NESSAP and NAAQS.

 in case of non-compliance, compliance plan to meet

the standards within 12 months is required.

 must pay a higher fee for the mass rate of emissions

(50% surcharge);

 must pay a 100% surcharge (i.e. 200% of base) for any

penalties and fines relating to a violation of the non-
attainment provisions.
For new or modified sources in non-attainment
areas, the following must be observed:

 must comply with the NESSAP and NAAQS;

 must install Lowest Achievable Emission Rate (LAER) control technology,

or such technology or combination of technologies and process controls
that result in the lowest possible emissions of a given air pollutant. The
technical feasibility, rather than the cost, is the consideration in
determining the applicable LAER for a given source;

 must not use emissions averaging and trading for compliance

 must install CEMS

 must pay 50% surcharge on mass emission fee;

 must pay a 100% surcharge (i.e., 200% of base) for any penalties and
fines relating to a violation of the nonattainment provisions.
 - not more than P 100,000 for
everyday of violation shall be charged
until such time that standards have been met.
For gross violation
imprisonment of not less than six years
but not more than 10 years
upon the discretion of the court.

At the same time,

the firm
through the issuance of a
 3 or more specific offenses within a period of 1 year.

 3 or more offenses within 3 consecutive years.

Blatant disregard of the orders of the PAB,

- such as, but not limited to the breaking
of seals, padlocks and other similar devices, or
operating despite the existence of an order for closure,
discontinuance or cessation of operation.

 Irreparable or grave damage to the environment as a

consequence of any violation of omission of the
provisions of the Act or its IRR.
 Smoking is banned
beginning May 25, 2001
in any of the following pollution locations:

 inside a public building;

 enclosed public places including
public vehicles and other means of transport;
 in any enclosed area outside of one’s private residence,
private place of work; or
 any duly designated area which will be enclosed.

The local government units are mandated to implement this provision of the law.
Penalty to violation of this provision is 6 months and 1 day to 1 year of
imprisonment or a fine of ten thousand pesos (P10,000).
 The implementation of the Act is a multi- sectoral undertaking to be spearheaded
by the DENR. The institutions involved in the implementation of the various
components of the Act are as follows:
 Mitigation of air pollution from mobile sources
 Reduction of emissions from vehicular use
 Mitigation of air pollution from stationary sources
 Strengthening of ambient air quality monitoring, reporting and management
 Improvement of fuel quality
 Reduction in traffic congestion and improvement in traffic flow
 Increasing Public Awareness
Motor vehicle inspection system:
 LTO
 DOTC
 Private sector groups
Private emission testing centers:
 DOTC-LTO
 DTI
 DENR
 Private sector groups
Introduction of emission control technologies
 DENR
 DOTC
 DTI
 DOST
 Automotive industry
Regulation in the importation of second-hand
vehicles:
 Bureau of Customs - DOF
 Bureau of Import Services-DTI
 DOTC-LTFRB-LTO
Stack monitoring and related permitting:
 EMB and its regional offices
 Authorized/recognized private sector groups

Adjudication of air pollution cases:

 Pollution Adjudication Board (PAB)

Funds for the installation of air pollution control

facility:
 Land Bank of the Philippines
 Development Bank of the Philippines
 EMB in cooperation with concerned
government agencies
 EMB Regional Offices
Change in composition of fuel quality:
 Department of Energy (DOE)
 DENR
 DTI-Bureau of Product Standards
 Department of Science and Technology (DOST)
 Chamber of Automotive Manufacturers of the Philippines,
Inc.
 Oil Companies
 NGO’s

Examination of potential for alternative fuels:

 DOE
 DOST
 Private sector groups
Road Rehabilitation Program:
 Department of Public Works and Highways

Traffic Engineering and Management

 - DOTC
 - MMDA
 - LGU’s
 - Concerned government agencies

Transport Policy Studies:

 - MMDA
 - DOTC-Light Railway Transport Authority - Philippine
National Railway
 - LGU’s
 DENR Public Affairs Office and the
Environmental Education and Information
Division-EMB, with the Partnership for Clean
Air
 relevant government agencies
 private sector
 civil society
 For vehicle owners/motorists:
 Maintain your vehicle by changing oil regularly (every 5,000
kilometers);
 Keep the engine well-tuned following the owners manual;
Keep tires properly inflated;
 Plan trips and observe proper driving habits;
 Remove unnecessary things form the trunk. Don’t overload
and travel only at speed required by traffic regulations and
road conditions.
For commuters:
 try talking to the jeep/ bus/tricycle driver
about high health risks for poor vehicle
maintenance and improper driving practices;
 patronize mass railway transit (i.e. MRT, LRT)
For Office workers:
 Reduce use of air conditioning and ensure
that rooms are sealed;
 Make sure that lights are energy- efficient;
 Use company vehicles wisely and make sure
that they are well-maintained;
 Use natural lighting by opening window
curtains at daytime.
At home:
 Use low watt bulbs or energy-saving lights;
 Limit the use of airconditioning units and
keep the temperature a few degrees higher;
 Don’t burn garbage;
 Avoid using aerosols;
 Properly dispose off refrigerant, refrigeration
equipment, and used coolant.
THANK YOU