Salient Features
Salient Features
Salient Features
8749
SCOPE
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.
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. Section 2 of Clean Air Act provides that the State
shall:
1. Protect and advance the right of the people to a balanced and healthful ecology in
accord with the rhythm and harmony of nature;
2. Promote and protect the global environment while recognizing the primary
responsibility of local government units to deal with environmental problems;
3. Recognize that the responsibility of cleaning the habitat and environment is
primarily area-based;
4. Recognize that “polluters must pay”
5. Recognize that a clean and healthy environment is for the good of all and should
therefore be the concern of all.
SECTION 9, ARTICLE 1
Designation of airsheds
Management of airsheds
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2. Prepare a common action plan;
3. Coordinate its members;
4. Submit and publish an annual air quality status report for their airshed.
Support groups:
1. 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.
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.
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.
1. Exhaust emission standards for various mobile sources that are either in use, new,
rebuilt and imported second-hand have been set.
2. 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.
3. 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.
4. 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
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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.
Clean fuels are needed to achieve clean air. The CAA thus provides for:
1. The complete phaseout of leaded gasoline before the end of the year 2000.
2. 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%.
3. 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.
4. 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:
1. Must comply with the NESSAP and the NAAQS, or submission of compliance
program in case of non-compliance.
2. May use emissions trading and/or averaging as part of compliance plan;
3. Must comply within 18 months if found non-complainant;
4. Must pay mass emission fees.
For new or modified sources of air pollution in attainment areas, the following must
be observed:
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1. Must have an “Authority to Construct” which is converted to permit to operate.
2. Must comply with the NESSAP and NAAQS.
3. 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;
4. Emissions averaging is not allowed, but may generate emission credits for selling;
5. Must pay mass emissions fees.
6. 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 non-attainment areas, the following must be observed:
For new or modified sources in non-attainment areas, the following must be observed:
1. A fine of not more than P 100,000 for every day of violation shall be charged
against the owner of a stationary source, until such time that standards have been
met.
2. 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:
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What about other sources of air pollution?
Smoking is banned beginning May 25, 2001 in any of the following locations:
1. Inside a public building;
2. Enclosed public places including public vehicles and other means of transport;
3. In any enclosed area outside of one’s private residence, private place of work; or
4. 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).
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D. Strengthening of ambient air quality monitoring, reporting and
management:
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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)
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