Republic Act 8749

Philippine Clean Air Act of 1999

IRR: DAO 2000-81

Clean Air Act
“A comprehensive air quality
management policy and program
which aims to achieve and
maintain healthy air for all
Filipinos”
Coverage of the Act

“All potential sources of air

pollution (point, mobile and area
sources) must comply with the
provisions of the law. All
emissions must be within the air
quality standard.”
Air Quality Management
 Section 6. Air Quality Monitoring and
Information Network.
 Extent of pollution in the country, per type of
pollutant and per type of source
 Analysis and evaluation of the current state,
trends and projections of air pollution at the
various levels
 Identification of critical areas, activities, or
projects which will need closer monitoring or
regulation
Air Quality Management
 Section 7. Integrated Air Quality
Improvement Framework
 Emission reduction goals using permissible
standards
 Control strategies and control measures to be
undertaken within a specified time period
 Cost-effective use of economic incentives,
management strategies, collective action, and
 Environmental education and information
Air Quality Management
 Section 8. Air Quality Control Action Plan
 Enforceable emission limitations and other
control measures
 establishment and operation of appropriate
devices methods,systems and procedures
necessary to monitor, compile and analyze data
on ambient air quality
Air Quality Management
 Section 9. Designation of Airsheds
 Management of Airsheds
 Airshed - areas with similar climate,
meteorology and topology which affect the
interchange and diffusion of pollutants in
the atmosphere, or areas which share
common interest or face similar
development programs, prospects or
problems.
Air Quality Management
 Section 10. Management of Non-attainment
Areas
Areas where specific pollutants have already
exceeded ambient standards

 Implement a program that will prohibit new

sources of exceeded air pollutant without a
corresponding reduction in existing sources.
Air Quality Management
 Section 11. Air Quality Control Techniques
 Best available technology and alternative
methods of prevention, management and
control of air pollution
 Best available technology economically
achievable
 Alternative fuels, processes and operating
methods which will result in the elimination or
significant reduction of emissions.
 Air Quality Management
 Section 12. Ambient Air Quality Guideline
Values and Standards

 National Ambient Air Quality Guidelines

Values (NAAQGV)
 National Ambient Air Quality Standards
(NAAQS)
 National Emission Standards for Source
Specific Air Pollutants (NESSAP)
 Application of NESSAP and NAAQS
 Attainment Areas

 Existing Sources – in case of non-compliance,

submission of plan enforceable in 18 months;
may use emissions trading and averaging as
part of plan; and must pay mass emission fees
 Application of NESSAP and NAAQS
 Attainment Areas

 New/Modified Sources – must have AC

converted to PO upon completion of
construction; must apply BACT; emission
averaging not allowed but may generate
emission credits for sale; must install CEMS if
potential to emit 100 tons/year or more of
pollutants; must pay mass emission fees
Application of NESSAP and NAAQS
 Non-Attainment Areas

 Existing Sources – in case of non-compliance,

submission of plan enforceable in 18 months;
may use emissions trading and averaging as
part of plan; must pay higher fee for the mass
rate of emission (50% surcharge);and must pay
100% surcharge for any penalties and fines
relating to violation of non-attainment provision
Application of NESSAP and NAAQS
 Non-Attainment Areas

 New/Modified Sources – must install LAER

control technology; emission trading and
averaging not allowed; must install CEMS;
must pay 100% surcharge for any penalties and
fines relating to violation of non-attainment
provision.
Visible Emission Standards
 Visible emissions shall not appear darker
than shade # 1 of Ringelmann chart nor
exceed 20% opacity using EPA Method 9

 Exception – emission of dark smoke less

than five (5) minutes in a period of one (1)
hour and a total of fifteen (15) minutes in
any twenty-four (24) hours
Compliance Mandates – Point Sources

 All stationary sources must comply with

NESSAP and NAAQS

 Must secure permit prior to operation

Air Quality Management
 Section 13. Emission Charge System
 Impose on and collect regular emission fees
from said dischargers as part of the
emission permitting system or vehicle
registration renewal system

 Basis of the fees include, but is not limited

to, the volume and toxicity of any emitted
pollutant.
Air Quality Management
 Section 14. Air Quality Management Fund
 For mitigation of air pollution problems

 May be allocated per airshed

 Sourced from
Fines
Proceeds from licenses and permits
Emission fees
Donations, endowments and grants
Installation of CEMS
 Major Industries Required to install CEMS:

 Fossil-fuel fired power plants over

10MW rating
 Petroleum refineries, petrochemical
industries (include NOx)
 Primary copper smelters (include NOx)
 Steel plants, ferro-alloy production
facility (particulates only)
 Cement Plants (particulates only)
Authority to Construct Requirements
 Engineering Report
 Plans and Specifications of the installation and
its control facilities (size: 50cm x 90 cm)
 Air Quality Impact Analysis
 Vicinity Map

Conversion of AC to PO

 Once new source construction or

modification is completed, the owner
shall, within 60 days of start-up, request
for conversion
Permit to Operate (PO) Requirements

 All requirements in securing AC

 Statement of compliance and non-compliance with
stationary sources standards and ambient air
standards
 Compliance action plan for sources not meeting
regulatory requirements
 Certification signed by the applicant attesting to
the accuracy and completeness of the application
 Signed copy of the appointment or designation of
PCO
Grounds for Revocation of Permit Operate (PO)

 Non-compliance or violation of any

provisions
 False or inaccurate information in
the application of permit and
monitoring data
 Refusal to allow lawful inspection
by the DENR thru EMB
 Non-payment of appropriate fees
 Other valid grounds
Air Quality Management
 Section 20. Ban on Incineration
 Incineration – burning of municipal,
biomedical and hazardous wastes, which
process poisonous and toxic fumes.

 Does not applied to traditional small-scale

method of community/neighborhood
sanitation "siga", traditional, agricultural,
cultural, health, and food preparation and
crematoria:
Air Quality Management
 Section 20. Ban on Incineration
 The Bureau shall promote the use of
non-burn technologies
Destruction chamber is oxygen-free

Fire is not used within destruction chamber

The source of heat is not fire

A heat conducting medium is used to

destroy the waste
Air Quality Management
 Section 20. Ban on Incineration
 Decision of Supreme Court on 13
November 2001
“Section 20 of RA 8749 do not prohibit
incineration of waste (municipal and
hazardous) except those burning
processes and/or technologies that emit
poisonous and toxic fumes”
Air Quality Management
 Section 20. Ban on Incineration
 Memorandum Circular No. 5, Series of 2002:
Clarification on the Ban of Incineration in RA 8749

“Clarifies that any thermal treatment

technology whether burn or non-burn that
meets the emission standards and
complies with all relevant provisions of
RA 8749 and other applicable laws is
allowed to be operated in the country”
Air Quality Management
 Section 21. Pollution from Motor Vehicles
 Emission Standard for Motor Vehicles
 Regulation on all Motor Vehicles & Engines
 New and imported motor vehicles must
Second hand motor vehicles
Air Quality Management
 Section 22. Pollution from Other Sources
 Pollution from Smoking
“Smoking inside a public building or an
enclosed public place including public
vehicles and other means of transport or in
any enclosed area outside of one's private
residence, private place of work or any duly
designated smoking area is hereby
prohibited under this Act. This provision
shall be implemented by the LGUs”
Air Quality Management
 Section 26. Fuels and Additives
 Ban on unleaded gasoline with anti-knock index
lower than 87.5%
 Unleaded gasoline fuel should contain aromatics
not to exceed thirty-five percent (35%) by volume
and benzene not to exceed two percent (2%) by
volume

 Sulfur content – 0.05% by weight

Air Quality Management
OTHER POLLUTANTS
 Section 30. Ozone-depleting substances
 Section 31. Greenhouse gases
 Section 32. Persistent Organic Pollutants
 Section 33. Radioactive Emissions
Fines and Penalties
 Section 45. Violation of Standards for
Stationary Sources
One hundred thousand pesos Php100,000) for
every day of violation against the owner or
operator of a stationary source until such time
that the standards have been complied with.
Fines and Penalties
 Section 46. Violation of Standards for Motor
Vehicles
 First offense – fine of not more than Php
2,000
 Second Offense – fine of not less than
Php2,000 and not to exceed Php4,000.
 Third offense –
 1 year suspension of motor vehicle
registration
 Fine of not less than Php4,000 and not more
than Php6,000.
Fines and Penalties
 Section 47. Violation of other provisions
 Fine of not less than Ten thousand pesos
(Php10,000.00) but not more than One
hundred thousand pesos (Php100,000.00) or
six (6) months to six (6) years imprisonment