THE CLEAN AIR ACT

Republic Act No. 8749

Atty. Rodolfo Ferdinand N. Quicho, Jr.

Principles
Right to balanced and healthful ecology
Promote and protect global environment to attain
sustainable development, while recognizing
primary responsibility of LGUs to deal with
environmental problems
Responsibility of cleaning habitat and envi
primarily area-based
Polluters must pay
Clean and healthy envi for good of all, thus,
everybodys concern

Policies
Formulate holistic national program of air pollution
management
Cooperation and self-regulations among citizens
and industries through market-based instruments
Prevention rather than control
IEC for informed and active public participation
Accountability for short- & long-term
environmental impacts

Recognition of Rights
Breathe clean air
Utilize and enjoy all natural resources, based on
sustainable development
Participation in planning, formulation and
implementation
Participation in decision-making processes
Information
Access to public records
Bring action against violations of envi laws
Bring action against personal damages

DENR
Info network for data storage, retrieval & exchange
Prepare annual National Air Quality Status Report
Integrated Air Quality Improvement Framework
Air Quality Control Action Plan
Info on Air Quality Control Techniques
Ambient Air Quality Guideline Values/Standards
Administer Air Quality Management Fund
Establish National Research and Development Program
for the prevention and control of pollution

DENR
Closely monitor incineration of pathological and infectious
wastes
Formulate standards for other mobile sources of pollution
Design, impose & collect regular emission fees from
industrial dischargers
Phase-out ozone-depleting substances
Prepare and implement national plan consistent with UN
Framework Convention on Climate Change and other
international instruments on the reduction of greenhouse
gas emissions
Establish inventory list of sources of Persistent Organic
Pollutants (POPs), eg, dioxins and furans

DENR
Require emission sources to keep records, make
reports, install & maintain monitoring equipment
or methods, sample emission, provide other info
Provide technical assistance to LGUs, training
and continuing capa-build for administration of air
quality and regulations
Design training for law enforcers and agents
accredited to conduct vehicle emissions testing

DOTC
Implement emission standards for motor vehicles
Inspect & monitor emissions of MVs
Establish procedures for inspection

Prohibit use of MVs or classes thereof in streets at

specified times
Authorize private emission testing centers
Deputize law enforcement agencies & LGUs
Design, impose & collect regular emission charges from
MVs
Impose fines & penalties for violation of emission
standards from MVs and other mobile sources

DOE
Set specifications for all types of fuel and
fuel-related products, to improve fuel
composition for increased efficiency and
reduced emission
Specify allowable content of additives in
all types of fuel and fuel-related products
Limit content and phase-out additives as
may be needed

DTI
Formulate and implement national motor vehicle
inspection and maintenance program to promote
efficient and safe operation of MVs
Standards & procedures for certification of training
institutions, instructors, facilities
Licensing of qualified private service centers,
technicians
Prescribe regulations to disclose odometer readings
and use of tamper-resistant odometers for MVs

PAG-ASA
Regularly monitor meteorological factors
affecting environmental conditions
including ozone depletion and
greenhouse gasses
Coordinate with DENR to effectively guide
air pollution monitoring and standardsetting

Phil. Nuclear Research Institute (PNRI)

Regulate projects which will involve use
of atomic and/or nuclear energy, and will
entail release and emission of radioactive
substances to environment

DOLE
Establish program for compensation,
retraining and relocation to assist workers
laid off due to companys compliance with
law

LGUs
Share responsibility in management & maintenance of air quality within
their territorial jurisdiction
Implement air quality standards
Implement smoking ban/regulation

May establish ENR Office

Prepare air quality mgt programs, plans, strategies
Provide technical assistance to Gov. or Mayor
Lead efforts re air quality protection and rehab
Recommend to Governing Board air quality standards
Coordinate with GAs and NGOs
Other functions
Where there is no ENRO, local chief executive may designate any official to perform
the function
When employee designated, must have sufficient experience in ENR management,
conservation and utilization

Management Strategy
Airshed
Areas with common weather or meteorological conditions and
sources of air pollution which affect the interchange and
diffusion of pollution in the surrounding atmosphere

Governing Board
DENR Secretary, Chair
Members
Provincial Governors in airshed
Mayors
Rep from each concerned GA
PO Reps
NGO Reps
Private Sector Reps

EXECOM

Ambient Air Quality Values & Standards

Ambient Air Quality
National Ambient Air Quality Guideline for Criteria Pollutants
Maximum limits for specific pollutants

National Ambient Air Quality Standards for Specific Air

Pollutants from Industrial Sources/Operations

Pollution from Stationary Sources

Pollution from Motor Vehicles (compliance with emission
standards a pre-requisite for registration and importation)
Light duty vehicles
Light commercial vehicles
Heavy-duty vehicles

Pollution from Other Sources

Smoking
Prohibited in
Public building or enclosed public place
Public vehicles and other means of transport
Any enclosed area outside private residence or place of
work or duly designated smoking area

To be implemented by LGUs

Other Mobile Sources

DENR to formulate and establish standards for other
mobile sources
Enforcement with DOTC

Incineration
Section 20 bans incineration
Incineration
Burning of municipal, bio-medical and hazardous wastes,
which process emits poisonous and toxic fumes
Jancom case

Ban does not apply to siga, traditional, agricultural,

cultural, health and food preparation and crematoria
Siga in ESWM Act

Phase out of existing incinerators in 3 years, and in the

interim, limited to burning pathological and infectious
wastes, and subject to close monitoring by DENR

Market Based Instruments

Economic incentives, which shall form part of the Integrated Air Quality
Improvement Framework
Tax credits
Accelerated depreciation deductions

Emission Charge System

Surcharges in Non-attainment areas

Air Quality Management Fund

Permits
Emission Quotas
Emission averaging
Compliance Plan
Emissions trading

Financial Liability for Environmental Rehabilitation and Personal Damages

Financial Guarantee mechanisms (EGF)
Financial Liability Instruments (trust fund, envi insurance, etc.)

Compensation, retraining and relocation program for displaced workers by

DOLE

Prohibited Acts, Fines and Penalties

Violation of Standards for Stationary Sources
(Sec. 45)
Actual exceedance of any pollution or air quality
standards
Penalties
Administrative fine to be imposed by PAB
P100T/day of violation
10% increase every 3 years
Negligence 50%

Closure
Closure, suspension of development, construction, or
operations until safeguards put in place
But permanent closure on third offense
Ex-parte closure during pendency of case upon prima facie
evidence

Prohibited Acts, Fines and Penalties

Violation of Standards for MVs (Sec. 46)
Exceedance of emission standards for MVs
Penalties
Impoundment by DOTC until repaired, unless
Penalties fully paid
License plate surrendered
7-day pass

Driver and operator, seminar

Fines
First offense Not to exceed P2T
Second offense P2T-P4T
Third offense P4T-P6T and 1 year suspension of Motor
Vehicle Registration

Prohibited Acts, Fines and Penalties

Violation of Sec. 21 (Sec. 46, par. 4)
Violation of Sec. 21(d)[?] on national
inspection and maintenance program,
including technicians and facility compliance
Penalty, to be imposed by DTI
Not less than P30T, or
Cancellation of license of both technicians and
center, or
Both

Prohibited Acts, Fines and Penalties

Violations of other provisions in the Act (Sec. 47)
Violations of other provisions of Clean Air Act and
rules and regulations
Penalties
Fine P10T-P100T, or
Imprisonment 6 mos-6 years, or
Both

Liable
If juridical person: president, manager, directors, trustees,
pollution control officer or officials directly in charge of
operations

Prohibited Acts, Fines and Penalties

Gross Violations (Sec. 48)
Kinds
3 or more specific offenses within 1 year
3 or more specific offenses w/in 3 consecutive yrs
Blatant disregard of PAB orders
Irreparable3 or grave damage to environment as a
consequence of violation or omission

Penalty
Imprisonment 6 years-10 years, at discretion of court

Liable
If juridical person: president, manager, directors, trustees,
pollution control officer or officials directly in charge of
operations

Actions
Administrative actions
May be initiated by affected party
DENR, motu proprio

Citizen Suits
Any person who violates or fails to comply
DENR or other agencies with respect to issuances
inconsistent with law
Public officer who willfully or grossly neglects
performance; abuses authority; improperly performs
duties
30-day notice

Actions
SLAPP
In case of citizen suits
Determination within 30 days
If SLAPP
dismiss case
award attorneys fees
double damages

Actions
Lien Upon Properties of Violators
Fines and penalties are liens upon personal
and immovable properties of violator
In case of insolvency, preference subsequent
to laborers wages