The Philippine

Clean Air Act of

1999
  a comprehensive air quality
management policy and
R.A. 8749 program which aims to
achieve and maintain healthy
air for all Filipinos.
  Recognize that a clean and healthy environment is for
the good of all and should therefore be the concern of
all.
 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
Principles 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”;
 the State recognizes that a clean and healthy
environment is for the good of all and should,
therefore, be the concern of all.
  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.
Coverage of  Point sources refer to stationary sources such as
Clean Air Act 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…
  Linis/Ligtas Hangin Program with the Bantay
Tambutso, Bantay Tsimnea and Bantay Sunog;
 Industrial enforcement program for stationary
sources;
Some of the  Designation of attainment and non-
programs or attainment area sources;
activities  Promotion of clean fuel; and
 Strong collaboration between government and
stakeholders on measures to address
pollution.
 The DENR, through its Environmental Management
Bureau (EMB), is the lead agency in the overall
implementation of the law’s provisions, but mandates the
following government agencies to support the Act:
 Department of Transportation and Communication (DOTC)
 Department of Science and Technology (DOST)
 Department of Trade and Industry (DTI)
Agencies in the  Department of Energy (DOE)
implementation  Department of Education (DepEd), Commission on Higher
Education (CHED)
 Department of Interior and Local Government (DILG) and the
Local Government Units (LGUs)
 Philippine Information Agency (PIA)
 Philippine Atmospheric, Geophysical and Astronomical Services
Administration (PAG-ASA)
 Philippine Nuclear Research Institute (PNRI)
 Air pollutant
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;

Definition of
Air pollution
Terms 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;
 Ambient air quality guideline values
The concentration of air over specified periods classified as short-
term 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
Definition of taking positive action in preventing, controlling, or abating air
pollution;
Terms
Ambient air quality
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;
Sources of Air
Pollution
  Stationary Sources - any building or immobile structure, facility or
installation which emits any air pollutant.
Examples:
 Power generation
 Steel factory
 Food Manucturing
 Refineries
 Cement Factory
Sources of Air  Chemical Plants
Pollution  Mobile sources - any vehicle/machine propelled by or through
oxidation or reduction reactions, including combustion of carbon-
based or other fuel, constructed and operated principally for the
conveyance of persons or the transportation of property or goods that
emit air pollutants as a reaction product.

Examples:
Diesel and gasoline – fed from vehicles like cars, utility vehicles, buses, trucks and
motorcycles.
  Area sources - relatively large areas of specific activities that
generate significant amounts of air pollutants.
Examples:
 Gasoline Refiling Stations
 Open burning
 Residential Fuel Burning
Sources of Air  Livestocks
Pollution  Structural Fires
 Dry Cleaning
 Kaingin

 Natural sources – such as wind-blown dust, wildfires, and

volcanoes
 Common Pollutants:
 Sulfur dioxide (SO2) is a colorless gas from fossil fuel combustion,
power plants and other industrial facilities are the main sources of
SO2 in the atmosphere.
 Nitrogen dioxide (NO2) is a reddish-brown gas with an odorless,
pungent smell. The main sources of NO2 are vehicular emissions,
power plants and off-road equipment.
 Ozone (O3) is a colorless, odorless gas that can be found at the upper
layers of the atmosphere and serves as our protection from the sun’s
Sources of Air harmful rays.
 Carbon monoxide (CO), is a colorless, odorless gas that is very toxic
Pollution when inhaled as it reduces oxygen transport in the body. The main
source of this pollutant is vehicular emissions.
 Lead (Pb) is an elemental heavy metal found naturally in the
environment as well as in manufactured products. Major sources of
lead air emissions were motor vehicles and industrial sources.
 Particulates or tiny particles of solid material or liquid aerosols in the
air that comes from smoke, volcanic eruptions, vehicle exhaust
emissions, industrial emissions, soil and road dust.
  All stationary sources of air pollution are
required to submit to DENR-EMB, on a
quarterly period, a self-monitoring report to
monitor compliance with emission standards.
Periodic auditing, monitoring, and source stack
Mananagement sampling are being conducted by the regional
of Stationary offices. The major industrial facilities such as
Sources power plants, petroleum/petrochemical plants,
and cement plants are required to install
continuous emissions monitoring systems.
Incinerators that emit toxic and hazardous
fumes are banned in the Philippines.
 Section 20. Ban on Incineration
Incineration, hereby defined as the burning of municipal,
Pollution from biomedical and hazardous waste, which process emits
poisonous and toxic fumes is hereby prohibited; Provided,
Stationary however, That the prohibition shall not apply to traditional
small-scale method of community/neighborhood sanitation
Sources "siga", traditional, agricultural, cultural, health, and food
preparation and crematoria; Provided, Further, That existing
incinerators dealing with a biomedical wastes shall be out
within three (3) years after the effectivity of this Act; Provided,
Finally, that in the interim, such units shall be limited to the
burning of pathological and infectious wastes, and subject to
close monitoring by the Department.
The ban on incineration was premised on the need to reduce
the release of greenhouse gases like carbon dioxide (CO2),
methane, sulfur dioxide (SO2) and nitrous oxide (NO2) which
bring about global warming and induce climate change. It was
also meant to reduce the release of carcinogenic organic air
pollutants, principally the highly toxic dioxins and furans.
 Local government units are hereby mandated to
promote, encourage and implement in their
respective jurisdiction a comprehensive
ecological waste management that includes
waste segregation, recycling and composting.
Section 20.
Ban on With due concern on the effects of climate
Incineration. change, the Department shall promote the use
of state-of-the-art, environmentally-sound and
safe non-burn technologies for the handling,
treatment, thermal destruction, utilization, and
disposal of sorted, unrecycled, uncomposted,
biomedical and hazardous wastes.
  The continuing increase in motor vehicles and
population, inadequate mass transit system, and
worsening traffic conditions further contribute to
increasing air pollution. ADB (2002) cites that in the
past, mobile sources occupied a lesser place in
Philippine environment regulation. This is being
Management addressed by CAA which specifies emission standards
of Motor for different classes of vehicles. Compliance with
emission standards is a condition for the registration of
Sources all new vehicles. The requirement of passing an
emission test before registration was implemented
starting 1 January 2003. Emission tests of private
vehicles were conducted in Private Emissions Testing
Centers (PETC) authorized by DOTC and duly
accredited by the Department of Trade and Industry
 Emission Standards. EMB set the maximum HC emissions from
motorcycles and tricycles at 7,800 ppm for those operating in urban
centers and 10,000 ppm for those operating in rural areas or outside
urban centers. The bureau also issued revised emissions standards
for in-use gasoline-fed and diesel vehicles.
a. All motor vehicles (MV) must comply with exhaust emission
standards;
Management b. Prior to registration and operation in public highways; and
c. Types of MV regulated: new, in-use, rebuilt and imported,
of Motor used/secondhand completely built units (CBUs) including
motorcycles/tricycles.
Sources
Anti-Smoke Belching Campaigns. In 2004 and 2003, a total of 16,250
and 21,141 diesel vehicles, respectively, were apprehended for smoke
emissions (Box 5.2). From 2000 to September 2003, the teams tested
more than 67,000 vehicles. As of 2006, more than 56 million pesos of fi
nes were collected from emission violators and contributed to the Air
Quality Management Fund. Th e government has also actively
rehabilitated the main thoroughfares of Metro Manila to reduce traffi c
congestion and thus improve traffic flow and reduce vehicular
emissions.
 Section 21. Pollution from Motor Vehicles.
a) The DOTC shall implement the emission standards for motor vehicles
set pursuant to and as provided in this Act. To further improve the
emission standards, the Department shall review, revise and publish
the standards every two (2) years, or as the need arises. It shall
consider the maximum limits for all major pollutants to ensure
substantial improvement in air quality for the health, safety and
welfare of the general public.
Will Mandamus prosper to compel Public Utility Vehicles (PUVs) to use
Pollution from natural gas as an alternative fuel?

Motor Vehicles NO. A mandamus will not prosper compelling PUVs to use natural gas as
alternative fuel in the absence of a specific law on the matter.

In Henares vs LTFRB, G.R. No. 158290, Oct. 23, 2006, the Supreme Court
ruled that there is no law that imposes an indubitable legal duty on
respondents LTFRB and DOTC that will justify a grant of the writ of
mandamus compelling the use of compressed natural gas for PUVs. The
legislature should provide first the specific statutory remedy to the complex
environmental problems bared by the petitioners before any judicial
recourse by mandamus is taken.
  The Court stated that the function of the Department of
Trade and Commerce is limited to implementing the
emission standards set forth in RA 8749 and the said law
only goes far as setting the maximum limit for the
emission of vehicles, but it does not recognize
compressed natural gas as alternative engine fuel.
Undeniably, the right to clean air is not only an issue of
paramount importance to petitioners for it concerns the
Pollution from air they breath, but it is also impressed with public
Motor Vehicles interest. The consequences of the counter-productive
and retrogressive effects of a neglected environment
due to emissions of motor vehicles immeasurably affect
the well-being of the petitioners. On these, the legal
standing of the petitioners deserves recognition. .
However, the Court held that a writ of mandamus
commanding respondents to require PUVs to use CNG is
unavailing since there is no law that mandates the
respondents LTFRB and DOTC to order owners of motor
vehicles to use CNG.
 The following shall not be
registered unless compliant
with emission standards set as
evidenced by Certificate of
Conformity issued by the
Regulation of Department.
all motor
1. Any imported new or locally- conducted by the DOTC or its authorized
vehicles and assembled new motor vehicle.
engines 2. Any imported new motor
vehicle engine.
(Sec. 22) 3. Any imported used motor
vehicle or rebuilt motor vehicle and engines including devices in order to ensure
using new or used engines,
major parts or components
shall not be registered.
In case of non-compliance, the importer or
consignee may be allowed to modify or rebuild
the vehicular engine so it will be in compliance
with applicable emission standards.
No motor vehicle registration (MVR) shall be
issued unless such motor vehicle passes the
emission testing requirement promulgated in
accordance with this Act. Such testing shall be
inspection centers within sixty (60) days prior to
date of registration.
The DTI shall promulgate the necessary
regulations prescribing the useful life of vehicles
that such vehicles will conform to the emissions
which they were certified to meet. These
regulations shall include provisions for ensuring
the durability of emission devices.
 Any imported second-hand
motor vehicle engine shall not be
Second-hand
Motor Vehicle introduced into commerce, sold
Engines or used unless it complies with
(Sec. 23) emission standards set pursuant
to this Act.
 The Ecological Solid Waste
Management Act of 2000 (Republic
Act No. 9003) prohibits the open
Management burning of wastes. Enforcement of
of Area Sources this provision ensures the
elimination of emissions from waste
burning, including the release of
dioxins and furans.
 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
RR, RULE XXIX, Section 1. Ban on Smoking.- The Local
Government Units (LGU's) shall within six (6) months from the
effectivity of these Implementing Rules and Regulations,
Pollution from implement or enforce a ban on smoking inside a public building
or in any enclosed area outside of one's private residence,
smoking private place of work or any duly designated smoking area which
shall be enclosed.
(Sec. 24)
Penalty: IRR RULE LVI Section 5. Smoking in Public Places. -
Any person who smokes inside a public building or an enclosed
public place, including public utility vehicles or other means of
public transport or in any enclosed area outside of his private
residence, private place of work or any duly designated smoking
area shall be punished with six (6) months and one (1) day to one
(1) year imprisonment or a fine of ten thousand pesos (P
10,000.00)
 Ozone depleting substances
Other Pollutants Greenhouse gases
Radioactive emissions
  Means those substances that significantly
deplete or otherwise modify the ozone layer in a
manner that is likely to result in adverse effects
Ozone Depleting on human health and environment.
Substances
 DENR shall phase out ozone-depleting
substances.
  Means those gases that can potentially or can
reasonably be expected to induce global
warming.
 PAGASA shall regularly monitor meteorological
Greenhouse factors affecting environmental conditions.
Gases  DENR, together with concerned agencies and
LGUs shall prepare and fully implement a
national plan on the reduction of greenhouse gas
emissions.
 Philippine Nuclear Research Institute
(PNRI) shall regulate all projects which
Radioactive will involve the use of atomic and/or
nuclear energy, and will entail release and
Emissions emission of radioactive substances into
the environment.
 DENR – the primary agency responsible
for the implementation and enforcement
of Clean Air Act.
Institutional It shall consult, participate, cooperate and
Mechanism enter into agreement with other agencies
or organizations in the furtherance of this
Act.
  LGUs – responsible in the management and
maintenance of air quality within their territorial
jurisdiction.
 Technology Developers, Inc. vs Court of
Appeals
Institutional  The mayor of a town has a much responsibility to
protect its inhabitants from pollution, and by virtue
Mechanism of his police power, he may deny the application for
a permit to operate a business or otherwise close the
same unless appropriate measures are taken to
control and/or avoid injury to the health of the
residents of the community from the emissions in
the operations of the business.
  There may be established an Environment and Natural
Resources Office in every province, city, or
municipality.
 Its powers and duties:
 Prepare comprehensive air quality management programs,
plans and strategies
Institutional  Provide technical assistance and support to the governor or
mayor
Mechanism  Lead in all efforts concerning air quality protection and
rehabilitation
 Recommend air quality standards
 Coordinate with other agencies in the implementation of
measures to prevent and control air pollution
 Exercise other powers prescribed by law or ordinance
 Administrative action involving
stationary sources
Actions Actions before LTO
Citizen suits
  The DENR shall institute administrative
proceedings against any person who violates:
 Standard or limitation provided under Clean Air
Act; or
Administrative  Any order, rule or regulation issued by the DENR
action with respect to such standard or limitation.
involving
stationary  Pollution and Adjudication Board (PAB) have
sources the sole and exclusive jurisdiction over all
cases of air pollution and all matter related
thereto, including imposition of administrative
sanctions, except:
 Action for the abate of a private nuisance
 Actions for any violation of the
motor vehicle pollution control laws
may be commenced by any person or
Actions before by the DOTC on its own initiative.
LTO
The proceedings shall be summary in
nature.
  Any Filipino citizens in representation of others,
including minors or generations yet unborn, may
file an action to enforce rights or obligations
under environmental laws.

Citizen suits  Oposa vs. Factoran

 The Court allowed the suit to be brought in th ename
of generations yet unborn “based on the concept of
intergenerational responsibility insofar as the right
to a balanced and healthful ecology is concerned.”