RA 8749

Philippine
Clean Air Act

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.

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.

How will air quality in

the country be
managed?

Designation of airsheds

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.

Management of airsheds

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, peoples
organizations, NGOs and
concerned government agencies

Function 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 boarder
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 treasury finance containment, removal and clean up
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 airshed
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 limited percentage (5 to 10%) of the proceeds of
the Program Loan for the Metro Manila Air Quality Improvement Sector
Development Program.

How will good air

quality be ensured?

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.

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, 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

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, 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.

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 DOTC/LTO or its duly deputized
agents. Violators will be subjected to the
following fines/penalties:
1st offense
P 1000
2nd offense
P 3000
3rd offense
P 5000 plus a seminar
on pollution
management

What about fuels?

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.

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. 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 effective 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 noncompliance.
may use emissions trading and/or averaging as part of
compliance plan;
must comply within 18 months if found noncomplainant;
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.

What will be done to polluting industries?

A fine of not more than P 100,000 for

everyday 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 could close the firm through
the issuance of a Cease and Desist Order.

There is a gross violation of the law or its rules

when any of the following occurs:

Three or more specific offenses within a period of one

year.
Three 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.

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 ones 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 of imprisonment or a fine of ten thousand pesos (P10,000).

Who should implement

the Clean Air Act?

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:

A. Mitigation of air pollution from mobile

sources
Motor vehicle inspection system:

LTO

DOTC

Private sector groups

Private emission testing centers:

DOTC-LTO

DTI

DENR

Private sector groups

B. Reduction of emissions from vehicular

use
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

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 quality

monitoring, reporting and
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
Department of Science and Technology (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 the
Partnership for Clean Air
relevant government agencies
private sector
civil society

What can you do to

help clean the air?
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.
Dont 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;
Dont burn garbage;
Avoid using aerosols;
Properly dispose off refrigerant,
refrigeration equipment, and used coolant.

THANK YOU