NATIONAL UNIVERSITY – MANILA CAMPUS

College of Tourism and Hospitality Management

Legal Aspect of Tourism and Hospitality Management

PRIMER ON CLEAN AIR ACT (CAA)

How will air quality in the country be
managed?
Designation of air sheds

The Secretary of the Department of Environment and Natural Resources (DENR),

upon recommendation of the Environmental Management Bureau (EMB), will divide
the country into different air sheds. Air sheds are to be designated based on climate,
weather, meteorology and topology, which affect the mixture and diffusion of
pollutants in the air, share common interests or face similar 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.

Management of air sheds

Air sheds are to be managed by multi-sectoral Governing Boards chaired by the

Secretary of the DENR with representatives from the local government’s concerned
(province/city/municipality), the private sector, people’s organizations, NGOs and
concerned government agencies.

Functions of Governing Boards

Each Governing Board shall:

 Formulate policies and standards subject to national laws;

 Prepare a common action plan;
 Coordinate its members;
 Submit and publish an annual Air Quality Status Report for their airshed.

Support Groups

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 broader participation of all stakeholders. The
EMB will serve as the technical secretariat of each Governing Board.

Air Quality Management Fund

An Air Quality Management Fund (AQMF), to be administered by the DENR,

through the Bureau, as a special account in the National Treasury, shall be established
to finance containment, removal and cleanup operations of the 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 air shed for the
undertakings herein stated.

Sources for the AQMF shall include: 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; and a limited percentage (5 to 10%)
of the proceeds of the Program Loan for the Metro Manila Air Quality Improvement
Sector Development Program.

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How will good air quality be ensured?

The National Ambient Air Quality Guideline Values, in order to protect health, safety,
and the general welfare, have been set in law. These are to be routinely reviewed by
the DENR, through the EMB, in coordination with other concerned agencies and
sectors.

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What about fuels?

Clean fuels are needed to achieve clean air. The CAA thus provides for:

 The complete phase out 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 in unleaded gasoline from 45% maximum to 35%
maximum; and the lowering of benzene in unleaded gasoline from 4%
maximum to 2% maximum.

Further improvement on the fuel quality, excluding cleaner alternative fuels, will be
spearheaded by the Department of Energy.

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What about other sources of air pollution?

Smoking is banned beginning May 25, 2001, in any of the following 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 six months and one day to one year
imprisonment, or a fine of ten thousand pesos (P10,000).
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What are covered by the Clean Air Act?

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, jeepneys, tricycles,
motorcycles, and vans.

Point sources refer to stationary sources such as industrial firms and the
smokestacks of power plants, hotels, and other establishments.

Area sources refer to sources of emissions other than the above. These include
smoking, burning of garbage, and dust from construction, unpaved grounds, etc.

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What are the compliance mandates for

industrial sources of air pollution?
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 as would be described shortly. Attainment areas are such
where the existing ambient air quality complies with the National Ambient Air
Quality Guideline Values.

For existing sources or those established prior to the effectivity date (November 25,
2000) of the Implementing Rules and Regulations (IRR), in attainment areas, the
following must be observed:

 Must comply with the NESSAP and the NAAQS, or submission of compliance
program in case of non-compliance;
 May use emission trading and/or averaging as part of compliance plan;
 Must comply within 18 months if found non-compliant;
 Must pay mass emission fees.

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

 Must comply with the NESSAP and NAAQS;

 Must have an “Authority to Construct,” which is converted to Permit to
Operate;
  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 emission fees;
 Must install continuous monitoring system (CEMS) for sources with potential
to emit greater than or equal to 100 tons per year.

For existing stationary sources in non-attainment 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 fees;
 Must pay a 100% surcharge (i.e., 200% of base) for any penalties and fines
relating to a violation of the non-attainment provisions.

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What are the compliance mandates for

mobile sources of air pollution?
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, rebuild 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.

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What are the guiding principles of the Clean

Air Act?
The CAA provides that 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;
 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.

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What can you do to help clean the air?

For vehicle owners/motorist:

 Maintain your vehicle by changing oil regularly (every 5,000 kilometers).

 Keep the engine well-tuned following the owner’s manual.
 Keep tires properly inflated.
 Plan trips and observe proper driving habits.
 Remove unnecessary things from 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 the high health risks of 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 air conditioning units and keep the temperature a few degrees
higher.
 Don’t burn garbage.
 Avoid using aerosols.
 Properly dispose of refrigerant, refrigeration equipment, and used coolant.

For everyone:

 Talk to people on what they can do about air pollution.

 Report smoke-belchers to LTO, MMDA, and/or the appropriate local
government units.
 Walk or ride your bike to places.
 Take the bus or mass rail transit whenever you can.
 Work with residential associations to stop burning of garbage.
 Plant trees.
 Spread the word about the ban on smoking in public places.

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What is the 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.

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What will be done to polluting industries?

A fine of not more than P100,000 for every day of violation shall be charged against
the owner of a stationary source, until such time that standards have been met.

For gross violation, the penalty is imprisonment of not less than six years but not
more than 10 years upon the discretion of the court. At the same time, the Pollution
Adjudication Board (PAB) could close the firm through the issuance of a Cease and
Desist Order.

There is gross violation of the law or its rules when any of the following occurs:

1. Three or more specific offenses within a period of one year.

2. Three or more offenses within three consecutive years.

3. 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.
4. Irreparable or grave damage to the environment as a consequence of any
violation or omission of the provisions of the Act or its IRR.

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What will be done to smoke belching vehicles

on the road?
Smoke belching vehicles on the road shall be subjected to emission testing by
properly equipped enforcement teams from the DOTC/LTO or its duly deputized
agents. Violators will be subject to the following fines/penalties:

1st offense P1,000

2nd offense P3,000

3rd offense P5,000 plus a seminar on pollution management

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Who should implement the Clean Air Act?

The implementation of the Act is a multi-sectoral undertaking to be spearheaded by
the Department of Environment and Natural Resources (DENR). The institutions
involved in the implementation of the various components of the Act are as follows:

A. Mitigation of air pollution from mobile sources

Motor Vehicle Inspection System:

 Land Transportation Office (LTO)

 Department of Transportation and Communications (DOTC)
 private sector groups

Private Emission Testing Centers:

 DOTC-LTO
 Department of Trade and Industry (DTI)
 DENR
 private sector groups

B. Reduction of emissions from vehicular use

Introduction of emission control technologies:

 DENR
 DOTC
 DTI
 Department of Science and Technology (DOST)
 Automotive industry
 Regulation in the importation of second-hand vehicles:

 Bureau of Customs-DOF
 Bureau of Import Services-DTI
 DOTC-LTFRB-LTO

C. Mitigation of air pollution from stationary sources

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

D. Strengthening of ambient air monitoring, reporting ad management

 EMB in cooperation with concerned government agencies

 EMB Regional Offices

E. Improvement of fuel quality

Change in composition of fuel quality:

 Department of energy (DOE)

 DENR
 DTI-Bureau of Product Standards
 DOST
 Chamber of automotive Manufacturers of the Philippines, Inc.
 Oil companies
 NGOs

Examination of potential for alternative fuels:

 DOE
 DOST
 private sector groups

F. Reduction in traffic congestion and improvement in traffic flow

Road rehabilitation Program:

 Department of Public Works and Highways

Traffic engineering and Management:

 DOTC
  MMDA
 LGUs
 concerned government agencies

Transport Policy Studies:

 MMDA
 DOTC-Light Railway Transport Authority
 Philippine National Railway
 LGUs

G. Increasing public awareness

 DENR Public Affairs Office and the Environmental Education and Information
Division-EMB, with Partnership for Clean Air
 relevant government agencies
 Private sector
 Civil society

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Source: Department of Environment and Natural Resources. (2003, August). Primer

on the Clean Air Act. Diliman: DENR-Public Affairs Office.