Republic Act No.

8749

June 23, 1999

AN ACT PROVIDING FOR A COMPREHENSIVE AIR POLLUTION CONTROL POLICY AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
Chapter 1
General Provisions
Article One
Basic Air Quality Policies
Section 1. Short Title. - This Act shall be known as the "Philippine Clean Air Act of 1999."
Section 2. Declaration of Principles. - 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.
The State shall promote and protect the global environment to attain sustainable development while recognizing the
primary responsibility of local government units to deal with environmental problems.
The State recognizes that the responsibility of cleaning the habitat and environment is primarily area-based.
The State also recognizes the principle that "polluters must pay".
Finally, the State recognizes that a clean and healthy environment is for the good of all and should, therefore, be the
concern of all.
Section 3. Declaration of Policies. - The State shall pursue a policy of balancing development and environmental
protection. To achieve this end, the frame work for sustainable development shall be pursued. It shall be the policy of the
State to:
(a) Formulate a holistic national program of air pollution management that shall be implemented by the
government through proper delegation and effective coordination of functions and activities;
(b) Encourage cooperation and self-regulation among citizens and industries through the application of marketbased instruments;
(c) Focus primarily on pollution prevention rather than on control and provide for a comprehensive management
program for air pollution;
(d) Promote public information and education and to encourage the participation of an informed and active public
in air quality planning and monitoring; and
(e) Formulate and enforce a system of accountability for short and long-term adverse environmental impact of a
project, program or activity. This shall include the setting up of a funding or guarantee mechanism for clean-up
and environmental rehabilitation and compensation for personal damages.
Section 4. Recognition of Rights. - Pursuant to the above-declared principles, the following rights of citizens are hereby
sought to be recognized and the State shall seek to guarantee their enjoyment:
(a) The right to breathe clean air;
(b) The right to utilize and enjoy all natural resources according to the principles of sustainable development;

(c) The right to participate in the formulation, planning, implementation and monitoring of environmental policies
and programs and in the decision-making process;
(d) The right to participate in the decision-making process concerning development policies, plans and programs
projects or activities that may have adverse impact on the environment and public health;
(e) The right to be informed of the nature and extent of the potential hazard of any activity, undertaking or project
and to be served timely notice of any significant rise in the level of pollution and the accidental or deliberate
release into the atmosphere of harmful or hazardous substances;
(f) The right of access to public records which a citizen may need to exercise his or her rights effectively under this
Act;
(g) The right to bring action in court or quasi-judicial bodies to enjoin all activities in violation of environmental laws
and regulations, to compel the rehabilitation and cleanup of affected area, and to seek the imposition of penal
sanctions against violators of environmental laws; and
(h) The right to bring action in court for compensation of personal damages resulting from the adverse
environmental and public health impact of a project or activity.
Article Two
Definition of Terms
Section 5. Definitions. - As used in this Act:
a) "Air pollutant" means any matter found in the atmosphere other than oxygen, nitrogen, water vapor, carbon
dioxide, and the inert gases in their natural or normal concentrations, that is detrimental to health or the
environment, which includes but not limited to smoke, dust, soot, cinders, fly ash, solid particles of any kind,
gases, fumes, chemical mists, steam and radio-active substances;
b) "Air pollution" means any alteration of the physical, chemical and biological properties of the atmospheric air, or
any discharge thereto of any liquid, gaseous or solid substances that will or is likely to create or to render the air
resources of the country harmful, detrimental, or injurious to public health, safety or welfare or which will adversely
affect their utilization for domestic, commercial, industrial, agricultural, recreational, or other legitimate purposes;
c) "Ambient air quality guideline values" mean the concentration of air over specified periods classified as shortterm and long-term which are intended to serve as goals or objectives for the protection of health and/or public
welfare. These values shall be used for air quality management purposes such as determining time trends,
evaluating stages of deterioration or enhancement of the air quality, and in general, used as basis for taking
positive action in preventing, controlling, or abating air pollution;
d) "Ambient air quality" means the general amount of pollution present in a broad area; and refers to the
atmosphere's average purity as distinguished from discharge measurements taken at the source of pollution;
e) "Certificate of Conformity" means a certificate issued by the Department of Environment and Natural
Resources to a vehicle manufacturer/assembler or importer certifying that a particular new vehicle or vehicle type
meets the requirements provided under this Act and its rules and regulations;
f) "Department" means the Department of Environment and Natural Resources;
g) "Eco-profile" means the geographic-based instrument for planners and decision-makers which present an
evaluation of the environmental quality and carrying capacity of an area. It is the result of the integration of
primary and secondary data and information on natural resources and anthropogenic activities on the land which

are evaluated by various environmental risk assessment and forecasting methodologies that enable the
Department to anticipate the type of development control necessary in the planning area;
h) "Emission" means any air contaminant, pollutant, gas stream or unwanted sound from a known source which is
passed into the atmosphere;
i) "Greenhouse gases" mean those gases that can potentially or can reasonably be expected to induce global
warming, which include carbon dioxide, methane, oxides of nitrogen, chlorofluorocarbons, and the like;
j) "Hazardous substances" mean those substances which present either: (1) short-term acute hazards such as
acute toxicity by ingestion, inhalation, or skin absorption, corrosivity or other skin or eye contact hazard or the risk
of fire explosion; or (2) longterm toxicity upon repeated exposure, carcinogenicity (which in some cases result in
acute exposure but with a long latent period), resistance to detoxification process such as biodegradation, the
potential to pollute underground or surface waters;
k) "Infectious waste" means that portion of medical waste that could transmit an infectious disease;
l) "Medical waste" means the materials generated as a result of patient diagnosis, treatment, or immunization of
human beings or animals;
m) "Mobile source" means any vehicle propelled by or through combustion of carbon-based or other fuel,
constructed and operated principally for the conveyance of persons or the transportation of property goods;
n) "Motor vehicle" means any vehicle propelled by a gasoline or diesel engine or by any means other than human
or animal power, constructed and operated principally for the conveyance of persons or the transportation of
property or goods in a public highway or street open to public use;
o) "Municipal waste" means the waste materials generated from communities within a specific locality;
p) "New vehicle" means a vehicle constructed entirely from new parts that has never been sold or registered with
the DOTC or with the appropriate agency or authority, and operated on the highways of the Philippines, any
foreign state or country;
q) "Octane Rating or the Anti-Knock Index(AKI)" means the rating of the anti-knock characteristics of a grade or
type of automotive gasoline as determined by dividing by two (2) the sum of the Research Octane Number (RON),
plus the Motor Octane Number (MON); the octane requirement, with respect to automotive gasoline for use in a
motor vehicle or a class thereof, whether imported, manufactured, or assembled by a manufacturer, shall refer to
the minimum octane rating of such automotive gasoline which such manufacturer recommends for the efficient
operation of such motor vehicle, or a substantial portion of such class, without knocking;
r) "Ozone Depleting Substances (ODS)" means those substances that significantly deplete or otherwise modify
the ozone layer in a manner that is likely to result in adverse effects of human health and the environment such
as, but not limited to, chloroflourocarbons, halons and the like;
s) "Persistent Organic Pollutants (POPs)" means the organic compounds that persist in the environment,
bioaccumulate through the food web, and pose a risk of causing adverse effects to human health and the
environment. These compounds resist photolytic, chemical and biological degradation, which shall include but not
be limited to dioxin, furan, Polychlorinated Biphenyls (PCBs), organochlorine pesticides, such as aldrin, dieldrin,
DDT, hexachlorobenzene, lindane, toxaphere and chlordane;
t) "Poisonous and toxic fumes" means any emissions and fumes which are beyond internationally - accepted
standards, including but not limited to the World Health Organization (WHO) guideline values;

u) "Pollution control device" means any device or apparatus used to prevent, control or abate the pollution of air
caused by emissions from identified pollution sources at levels within the air pollution control standards
established by the Department;
v) "Pollution control technology" means the pollution control devices, production process, fuel combustion
processes or other means that effectively prevent or reduce emissions or effluent;
w) "Standard of performance" means a standard for emissions of air pollutant which reflects the degree of
emission limitation achievable through the application of the best system of emission reduction, taking into
account the cost of achieving such reduction and any non-air quality health and environmental impact and energy
requirement which the Department determines, and adequately demonstrates; and
x) "Stationary source" means any building or immobile structure, facility or installation which emits or may emit
any air pollutant.
Philippine Clean Air Act of 1999 (RA 8749)
Excerpt:
SEC. 3. Declaration of Policies. The State shall pursue a policy of balancing development and
environmental protection.
To achieve this end, the framework for sustainable development shall be pursued. It shall be the policy of
the State to:
(a) Formulate a holistic national program of air pollution management that shall be implemented by the
government through proper delegation and effective coordination of functions and activities;
(b) Encourage cooperation and self-regulation among citizens and industries through the application of
market-based instruments;
(c) Focus primarily on pollution prevention rather than on control and provide for a comprehensive
management program for air pollution;
(d) Promote public information and education and to encourage the participation of an informed and active
public in air quality planning and monitoring; and
(e) Formulate and enforce a system of accountability for short and long-term adverse environmental
impact of a project, program or activity. This shall include the setting up of a funding or guarantee
mechanism for clean-up and environmental rehabilitation and compensation for personal damages.
What is Air pollution?
Pollution is now a common place term, that our ears are attuned to. We hear about the various forms of
pollution and read about it through the mass media. Air pollution is one such form that refers to the
contamination of the air, irrespective of indoors or outside. A physical, biological or chemical alteration to
the air in the atmosphere can be termed as pollution. It occurs when any harmful gases, dust, smoke
enters into the atmosphere and makes it difficult for plants, animals and humans to survive as the air
becomes dirty.
Air pollution can further be classified into two sections- Visible air pollution and invisible air pollution.
Another way of looking at Air pollution could be any substance that holds the potential to hinder the
atmosphere or the well being of the living beings surviving in it. The sustainment of all things living is due
to a combination of gases that collectively form the atmosphere; the imbalance caused by the increase or
decrease of the percentage of these gases can be harmful for survival.
The Ozone layer considered crucial for the existence of the ecosystems on the planet is depleting due to
increased pollution. Global warming, a direct result of the increased imbalance of gases in the atmosphere
has come to be known as the biggest threat and challenge that the contemporary world has to overcome
in a bid for survival.
Types of Pollutants
In order to understand the causes of Air pollution, several divisions can be made. Primarily air pollutants
can be caused by primary sources or secondary sources. The pollutants that are a direct result of the
process can be called primary pollutants. A classic example of a primary pollutant would be the sulfurdioxide emitted from factories

Secondary pollutants are the ones that are caused by the inter mingling and reactions of primary
pollutants. Smog created by the interactions of several primary pollutants is known to be as secondary
pollutant.
Causes of Air pollution
1. Burning of Fossil Fuels: Sulfur dioxide emitted from the combustion of fossil fuels like coal, petroleum
and other factory combustibles is one the major cause of air pollution. Pollution emitting from vehicles
including trucks, jeeps, cars, trains, airplanes cause immense amount of pollution. We rely on them to fulfill
our daily basic needs of transportation. But, there overuse is killing our environment as dangerous gases
are polluting the environment. Carbon Monooxide caused by improper or incomplete combustion and
generally emitted from vehicles is another major pollutant along with Nitrogen Oxides, that is produced
from both natural and man made processes.
2. Agricultural activities: Ammonia is a very common by product from agriculture related activities and is
one of the most hazardous gases in the atmosphere. Use of insecticides, pesticides and fertilizers in
agricultural activities has grown quite a lot. They emit harmful chemicals into the air and can also cause
water pollution.
3. Exhaust from factories and industries: Manufacturing industries release large amount of carbon
monoxide, hydrocarbons, organic compounds, and chemicals into the air thereby depleting the quality of
air. Manufacturing industries can be found at every corner of the earth and there is no area that has not
been affected by it. Petroleum refineries also release hydrocarbons and various other chemicals that
pollute the air and also cause land pollution.
4. Mining operations: Mining is a process wherein minerals below the earth are extracted using large
equipments. During the process dust and chemicals are released in the air causing massive air pollution.
This is one of the reason which is responsible for the deteriorating health conditions of workers and nearby
residents.
5. Indoor air pollution: Household cleaning products, painting supplies emit toxic chemicals in the air and
cause air pollution. Have you ever noticed that once you paint walls of your house, it creates some sort of
smell which makes it literally impossible for you to breathe.
Effects of Air pollution
1. Respiratory and heart problems: The effects of Air pollution are alarming. They are known to create
several respiratory and heart conditions along with Cancer, among other threats to the body. Several
millions are known to have died due to direct or indirect effects of Air pollution. Children in areas exposed
to air pollutants are said to commonly suffer from pneumonia and asthma.
2. Global warming: Another direct effect is the immediate alterations that the world is witnessing due to
Global warming. With increased temperatures world wide, increase in sea levels and melting of ice from
colder regions and icebergs, displacement and loss of habitat have already signaled an impending disaster
if actions for preservation and normalization arent undertaken soon.
3. Acid Rain: Harmful gases like nitrogen oxides and sulfur oxides are released into the atmosphere during
the burning of fossil fuels. When it rains, the water droplets combines with these air pollutants, becomes
acidic and then falls on the ground in the form of acid rain. Acid rain can cause great damage to human,
animals and crops.
4. Eutrophication: Eutrophication is a condition where high amount of nitrogen present in some pollutants
gets developed on seas surface and turns itself into algae and and adversely affect fish, plants and animal
species. The green colored algae that is present on lakes and ponds is due to presence of this chemical
only.
5. Effect on Wildlife: Just like humans, animals also face some devastating affects of air pollution. Toxic
chemicals present in the air can force wildlife species to move to new place and change their habitat. The
toxic pollutants deposit over the surface of the water and can also affect sea animals.

6. Depletion of Ozone layer: Ozone exists in earths stratosphere and is responsible for protecting humans
from harmful ultraviolet (UV) rays. Earths ozone layer is depleting due to the presence of
chlorofluorocarbons, hydro chlorofluorocarbons in the atmosphere. As ozone layer will go thin, it will emit
harmful rays back on earth and can cause skin and eye related problems. UV rays also have the capability
to affect crops.
Air Pollution
When you try to study the sources of Air pollution, you enlist a series of activities and interactions that
create these pollutants. There are two types of sources that we will take a look at: Natural sources and
Man-made sources.
Natural sources of pollution include dust carried by the wind from locations with very little or no green
cover, gases released from the body processes of living beings (Carbon dioxide from humans during
respiration, Methane from cattle during digestion, Oxygen from plants during Photosynthesis). Smoke from
the combustion of various inflammable objects, volcanic eruptions etc along with the emission of polluted
gases also make it to the list of Natural sources of Pollution.
While looking at the man-made contributions towards air pollution, smoke again features as a prominent
component. The smoke emitted from various forms of combustion like in bio mass, factories, vehicles,
furnaces etc. Waste used to create landfills generate methane, that is harmful in several ways. The
reactions of certain gases and chemicals also form harmful fumes that can be dangerous to the well being
of living creatures.
Solutions for Air Pollution
1. Use public mode of transportation: Encourage people to use more and more public modes of
transportation to reduce pollution. Also, try to make use of car pooling. If you and your colleagues come
from the same locality and have same timings you can explore this option to save energy and money.
2. Conserve energy: Switch off fans and lights when you are going out. Large amount of fossil fuels are
burnt to produce electricity. You can save the environment from degradation by reducing the amount of
fossil fuels to be burned.