Philippine Clean Air Act of 1999

• Republic Act No. 8749, also known as the "Philippine Clean Air Act of 1999," was enacted in Metro Manila on Monday, July 27, 1998.
• It provides a comprehensive air pollution control policy and addresses related purposes.

Declaration of Principles

• The State aims to protect the people's right to a balanced and healthful ecology, harmonizing with nature.
• The State prioritizes promoting and protecting the global environment for sustainable development, recognizing local government units' role in addressing environmental issues.
• Cleaning the habitat and environment is primarily area-based.
• "Polluters must pay" is a guiding principle.
• A clean and healthy environment is a universal concern.

Policies

• The State will balance development with environmental protection via sustainable development.
• The State policy includes:
• Formulating a national air pollution management program implemented by the government through delegated authority and coordination
• Encouraging cooperation and self-regulation among citizens and industries via market-based tools
• Focusing primarily on pollution prevention over control with a comprehensive management program
• Promoting public awareness and education to engage the public in air quality planning and monitoring.
• Creating an accountability system for environmental impacts that includes funding and guarantees for cleanup, rehabilitation, and compensation for damages.

Citizen Rights

• Citizens have the right to:
• Breathe clean air.
• Utilize and enjoy natural resources sustainably.
• Participate in creating, planning, and monitoring environmental policies and programs.
• Participate in decision-making regarding development policies, plans, and projects affecting the environment and public health.
• Be informed about potential hazards of activities and receive timely notice of pollution increases or releases of harmful substances.
• Access public records needed to exercise their rights under the Act.
• Initiate legal action against activities violating environmental laws, compel rehabilitation, and seek penalties against violators.
• Seek compensation for damages resulting from adverse environmental and public health impacts.

Definitions

• "Air pollutant" includes detrimental matter in the atmosphere beyond natural concentrations, such as smoke, dust, gases, and radioactive substances.
• "Air pollution" refers to altered physical, chemical, or biological properties of the air, harming public health, safety, welfare, or resource utilization.
• "Ambient air quality guideline values" are air concentration limits for specified periods, serving as targets for health and public welfare protection and guiding air quality management.
• "Ambient air quality" denotes the general pollution level in an area, reflecting the atmosphere's average purity.
• "Certificate of Conformity" is issued by the DENR to certify that a new vehicle or vehicle type meets the Act's requirements.
• "Department" refers to the Department of Environment and Natural Resources.
• "Eco-profile" is a planning tool evaluating environmental quality and carrying capacity using integrated data and risk assessment.
• "Emission" is any air contaminant released into the atmosphere from a source.
• "Greenhouse gases" induce global warming, including carbon dioxide, methane, and certain other gases.
• "Hazardous substances" pose short-term (acute toxicity, corrosivity, fire/explosion risk) or long-term (carcinogenicity, pollution potential) hazards.
• "Infectious waste" is medical waste capable of transmitting infectious diseases.
• "Medical waste" is generated from patient diagnosis, treatment, or immunization.
• "Mobile source" is any fuel-propelled vehicle used to convey people, property, or goods.
• "Motor vehicle" is any vehicle propelled by an engine or other power source, mainly used for transportation on public roads.
• "Municipal waste" is waste from communities within a specific area.
• "New vehicle" is a vehicle constructed entirely from new parts that has never been sold or registered domestically or internationally.
• "Octane Rating or the Anti-Knock Index (AKI)" measures the anti-knock quality of gasoline, based on the Research Octane Number (RON) and Motor Octane Number (MON).
• "Ozone Depleting Substances (ODS)" significantly harm the ozone layer, like chlorofluorocarbons and halons.
• "Persistent Organic Pollutants (POPs)" are organic compounds that persist in the environment, accumulate in the food web, and harm health, including dioxins, furans, and certain pesticides.
• "Poisonous and toxic fumes" exceed international standards, including WHO guideline values.
• "Pollution control device" prevents, controls, or reduces air pollution from identified sources to meet standards set by the DENR.
• "Pollution control technology" includes devices, production processes, and fuel combustion methods that prevent or reduce emissions.
• "Standard of performance" is an emission limit achievable with the best reduction system, considering cost, health, environmental impact, and energy needs as determined by the DENR.
• "Stationary source" includes any building, structure, facility, or installation emitting air pollutants.

Air Quality Management System & Information Network

• The DENR will produce an annual National Air Quality Status Report, informing the Integrated Air Quality Improvement Framework.
• The report shall include:
• Pollution levels by pollutant and source, based on monitoring stations of the Department
• Analyses of air pollution trends and projections
• Critical areas needing monitoring/regulation
• Recommendations for executive and legislative actions
• Qualitative/quantitative data on pollution & industry air quality performance.
• The DENR, with the NSCB, will develop a data network for storing, retrieving, and exchanging information.
• The DENR will serve as the central repository for all air quality data.

Integrated Air Quality Improvement Framework

• Within six months of the Act's effectivity, the DENR, with LGUs, NGOs, POs, academe, & private sector, will develop and implement the Integrated Air Quality Improvement Framework for comprehensive air pollution management.
• The framework is to:
• Set emission reduction goals using permissible standards.
• Define control strategies and measures within a specified time, including economic incentives, management techniques, action, education, and information.
• The Framework will serve as the official blueprint that all government agencies must follow to achieve and maintain air quality.

Air Quality Control Action Plan

• Within six months after forming the framework, the DENR will develop and implement an air quality control action plan with public input, in line with Section 7 of the Act. The action plan is to:
• Set enforceable emission limits and other control measures, with compliance schedules.
• Provide for devices, methods, and systems to monitor and analyze air quality data.
• Detail a program for enforcing measures (a), and regulating stationary sources' modification/construction per land use policy to achieve air quality standards.
• Prohibit sources from emitting pollutants that significantly hinder attainment or maintenance of air quality standards, or degrade visibility.
• Include control strategies over a set time that would leverage incentives, management, collection, and educational initiatives.
• Designate airsheds.
• Incorporate all other measures to control and abate air pollution.
• The plan adoption will delineate financial, staffing, and budgetary effects on government agencies, and how programs align.
• The plan will be participatory and consider private entity involvement in emission monitoring.
• LGUs, assisted by the DENR, will align action plans with the Integrated Air Quality Improvement Framework to meet air quality standards in their areas.
• LGUs will define procedures for their action plans. The DENR retains authority to independently verify enforcement.
• The DENR can closely oversee or manage air quality action until a local government unit can enforce standards.
• A multi-sector monitoring team with public representation will be convened by the DENR for each LGU to assess air pollution source compliance.

Airsheds

• Airsheds are designated based on similar climate, meteorology, and topology affecting pollution diffusion, or shared interests or development issues.
• To enhance air quality management, systems of planning and coordination will be established, and a uniform action plan implemented for each airshed.
• A Governing Board, headed by the DENR Secretary, will direct these plans, with members including:
  • Provincial Governors from the airshed area
  • City/Municipal Mayors from the airshed area
  • Representatives from relevant government agencies
  • Representatives from people's organizations
  • Representatives from non-government organizations
  • Representatives from the private sector
• The Board functions include:
  • Policy formulation
  • Common action plan preparation
  • Coordination among members
  • Submission and publishing of annual Air Quality Status Reports for each airshed
• The DENR will revise airshed designations using eco-profiling techniques, consulting with local authorities.
• Emissions trading is allowed among pollution sources within an airshed.

Management of Nonattainment Areas

• The DENR will designate areas where specific pollutants exceed ambient standards as nonattainment areas.
• The DENR will prepare and implement a program that will prohibit new sources of exceeded air pollutant without a corresponding reduction in existing sources.
• The LGUs, in coordination with other government agencies, will prepare and implement relocation programs to protect residents' health.
• For nonattainment areas, the DENR, after consulting with local authorities, NGOs, POs, and sectors, may revise and expand the area's designation based on conditions.

Air Quality Control Techniques

• The DENR shall simultaneously issue guideline values and standards, and through research and development and relevant consultations, periodically provide information on air pollution control techniques, including:
• Top available technology and alternate methods in pollution prevention, management, and control.
• Top technology that is economically achievable, which are standards for existing industrial emitters of toxic pollutants.
• Alternate fuels, processes, and operating methods that eliminate or significantly cut emissions.
• The information provided includes data on installation/operation costs, energy needs, benefits, and environmental impact of control technology.
• Air quality guideline values, standards, and control information will be available to the public, where information is not to require purchasing specific devices.

Ambient Air Quality Guideline Values and Standards

• The Department will annually review, revise, and publish a list of hazardous air pollutants with corresponding guidelines and/or standards for public health, safety, and welfare.
• The initial list and values would be:
  • National Ambient Air Quality Guidelines for Criteria Pollutants, covering substances like Suspended Particulate Matter, Sulfur Dioxide, Nitrogen Dioxide, Photochemical Oxidants, and Carbon Monoxide.
    • These pollutants will each have short-term and long-term exposure limits outlined
  • National Ambient Air Quality Standards for Source-Specific Air Pollutants from Industrial Sources/Operations, covering substances like Ammonia, Carbon Disulfide, Chlorine, Formaldehyde, Hydrogen Chloride, Hydrogen Sulfide, Lead, Nitrogen Dioxide, Phenol, Sulfur Dioxide, and Suspended Particulate.
    • These pollutants will each have concentration limits as well as methods of analysis and measurement outlined.
• Ambient air quality values must reflect the factors, including atmospheric conditions and interaction with other pollutants.
• The DENR will base air quality standards on WHO standards, but these may not be less stringent.

Emission Charge System.

• The DENR for industrial dischargers, and DOTC for motor vehicle dischargers, are to design, impose, and collect regular fees based on environmental methods as part of emission permitting/vehicle registration.
• The system should encourage pollution reduction with fees based on volume/toxicity.
• Industries that install pollution control devices or retrofit existing facilities get tax incentives, such as tax credits and/or accelerated depreciation.

Air Quality Management Fund

• An Air Quality Management Fund, managed by the DENR in the National Treasury, will finance pollution containment, cleanup, ecosystem restoration, research, enforcement, and technical assistance.
• The Fund can be allocated per airshed.
• The Fund is sourced from Pollution Adjudication Board (PAB) fines and damages, license/permit proceeds, emission fees, donations, endowments, and grants, which are tax-exempt.

Air Pollution Research and Development Program

• The DENR, together with DOST, other agencies, sector, the academe, NGOs and POs, will establish a National Research and Development Program for air pollution prevention and control.
• The DENR will emphasize research on improved methods applicable industry-wide.
• The program will develop air quality guidelines and consider socio-cultural, political, and economic factors.

Air Pollution Clearances & Permits

• Consistent with this Act's provisions, the DENR can issue permits as needed to prevent and abate air pollution.
• Permits will cover emission limits to help meet air quality standards and serve LGUs in their action plan. The DENR may allow regional industrial centers in special airsheds to allocate emission quotas to pollution.

Financial Liability for Environmental Rehabilitation

• As part of the environmental management plan tied to the Environmental Compliance Certificate (per Presidential Decree No. 1586), the DENR requires financial guarantee mechanisms for project proponents.
• This covers emergency response, cleanup, or rehabilitation.
• Liability for damages continues post-project if damages are attributable and specified in the Environmental Compliance Certifcate.
• Liability instruments can take form of a Trust fund, insurance, surety bonds, letters of credit, or self-insurance, selected based upon risk assessment.

Pollution from Stationary Souces

• The DENR will review, revise, and publish emission standards every two years to improve air pollution limits for stationary sources, based on mass rate and internationally accepted benchmarks that the DENR implements.
• Concentration cannot exceed:
  • The Act provides pollutants, standards, and methods of analysis for any trade, industry, process and fuel-burning equipment
  • The Act specifies concentration limits and analysis methods for Antimony, Arsenic, Cadmium, Carbon Monoxide, Copper, Hydrofluoric acid, Hydrogen Sulfide, Lead, Mercury, Nickel, and Carbonyl.
  • Maximum permissible limits for each element based upon the source.
• The maximum limits in mg/NCM particulates in said sources shall be:
• Fuel Burning Equipment - Urban or Industrial Area: 150 mg/NCM - Other Area: 200 mg/NCM
• Cement Plants (Kilns, etc.): 150 mg/NCM
  • Smelting Furnaces: 150 mg/NCM
  • Other Stationary Sources: 200 mg/NCM
• limits for sulfur oxides in said sources shall be:
• Existing Sources - Manufacture of Sulfuric Acid and Sulf(on)ation Process: 2.0 gm/NCM as SO3 -Fuel Burning Equipment 1.5 gm/NCM as SO2 - Other Stationary Sources 1.0 gm/NCM as SO3
• New Sources - Manufacture of Sulfuric Acid and Sulf(on)ation Process: 1.5 gm/NCM as SO3 - Fuel Burning Equipment: 0.7 gm/NCM as SO2 - Other Stationary Sources: 0.2 gm/NCM as SO3
• For pollution not specifically mentioned, the listed exhaust gas limits apply - Daily Average Values of Sulphur dioxide (SO2): 50 mg/m³ -Haft Hourly Average Value of Sulphur dioxide (SO2): 200 mg/m³ - Daily Average Values of Nitrogen monoxide (NO) and nitrogen dioxide (NO2), expressed as nitrogen dioxide for incineration plants with a capacity exceeding 3 tonnes per hour: 200 mg/m³ -Haft Hourly Average Values of Nitrogen monoxide (NO) and nitrogen dioxide (NO2), expressed as nitrogen dioxide for incineration plants with a capacity exceeding 3 tonnes per hour: 400 mg/m³ - Daily Average Values of Nitrogen monoxide (NO) and nitrogen dioxide (NO2), expressed as nitrogen dioxide for incineration plants with a capacity of 3 tonnes per hour or less: 300 mg/m³
• Daily values shall apply to Total dust, Gases and vaporous organic substances, Hydrogen chloride (HCI), Hydrogen fluoride (HF), Sulphur dioxide (SO2), and Ammonia
• Halft Hourly Values shall apply to Total dust, Gases and vaporous organic substances, Hydrogen chloride (HCI), and Ammonia
• All average values are required samples over the sample period of a minimum of 4 and a maximum of 8 hours
  • Cadmium, and it's compounds shall be less that 0.05 mg/m³
  • Mercury and it's compounds shall be less that 0.05 mg/m³
  • Chromium, manganese and copper shall be less that 0.5 mg/m³
• The Department shall prepare a detailed plan within the code

Incineration

• Incineration, or the burning of municipal, bio-medical, and hazardous wastes emitting poisonous fumes, is prohibited, apart from: - Traditional small-scale community sanitation - Traditional agricultural, cultural, health, and food preparations - Crematoria
• Existing bio-medical waste incinerators will phase out in three years and are limited to specific wastes subject to monitoring by the DENR.
• Local units should promote comprehensive waste management with segregation, recycling and composting.
• The DENR will support state-of-the-art, environmentally-sound and safe non-burn technologies.

Pollution From Motor Vehicles

• The DOTC will implement vehicle emission standards as directed and improve standards every two years, considering limits for major pollutants to protect the public.
• By 2003, emission standards are:
  • Light-duty: set levels of CO, HC + NOx & PM.
  • Light commercial must meet designated emissions for CO, HC + NOx & PM
  • Heavy duty Vehicles must meet designated emissions for CO, HC, NOx & PM.
• The DOTC, DTI, and LGUs will develop an action plan for motor vehicle pollution consistent with the Integrated Air Quality Framework. The DOTC shall impose the Department emission standards. The DOTC may deputize other law enforcers.
  • DOTC has authorization to inspect, monitor and prohibit designated motor vehicles and may authorize private testing centers licensed by the DTI
• The DOTC, DTI and the Department are to establish inspection procedures for motor vehicles and the testing

Vehicle Regulations and Engines.

• Imported new or locally-assembled motor vehicles must meet emission standards with a Certificate of Conformity (COC).
• Second-hand engines cannot be introduced into marketplace unless they meet the Department requirements.

Pollution From Other Sources

• Smoking is banned inside public buildings and transport, or enclosed areas outside private residence. The LGUs are to enforce this provision.

Other Mobile Sources and Penalties

• The DENR, along with other agencies, will set standards from all mobile sources. The DOTC will control the associated fines and penalties.

Fuels and Additives

• The Department of Energy, in conjunction with Department of Environment and Natural resources and other stakeholders, will be responsible for setting specifications for all types of fuel and fuel related products. All standards are to be adopted by the Philippine National Standards (PNS).
• The DOE will also specify the allowable content and may begin to phase out the addatives in types of fuel and fuel-related products.
• No person shall manufacture, import, sell, supply, offer for sale, dispense, transport, or introduce into commerce unleaded premium gasoline fuel which has an anti-knock index of not less than 87.5 and Reid vapor pressure of not more than 9 psi.
• No person shall manufacture, import, sell, supply, offer for sale, dispense, transport, or introduce into commerce automotive diesel fuel which contains a concentration of sulfur in excess of 0.20% by weight.
• No person shall manufacture, import, sell, supply, offer for sale, dispense, transport, or introduce into commerce industrial diesel fuel which contains a concentration of sulfur in excess of 0.30% by weight.
• Every two (2) years thereafter or as the need arises, the specifications of unleaded gasoline and of automotive and industrial diesel fuels shall be reviewed and revised for further improvement in formulation and in accordance with the provisions of this Act.
• All proposed additive shall not result in any increase with any regulation, and is to be approved by the Department.
• The Department of Energy will regulate, use and coordinate with other departments.
• All manufacturers and traders must import and register all additives and fuels to The Department of Energy.
• No person should introduce lead to any motor vehicle quipped with a gasoline tank designed for unleaded gasoline.
• The department formulates standards for non-conforming engines to allow compliance with unleaded fuel within 5 years

Other Pollutants

• consistent with the Montreal Protocol, the department will phase out ozone-depleting subtances
• The Philippine Atmospheric Administration shall regularly monitor factors that affect environmental conditions, including Ozone Depletion, and is responsible for coordinating with the department.
• Within two years, list all potential Persistent Organic Pollutants, and develop reduction and elimination programs.
• Projects using atomic and nuclear energy must be regulated.

Lead Agency

• The Department will be the primary agency for enforcement and implementation.
• The Environmental Management Bureau will be an effective bureau after two years

Local Government

• Local govenrment units share responsibility in management and maintenance of the air quality within its jurisdiction, implementing the guidelines the Department will provide

Record-keeping and Inspections

• The Department is respoinsble for maintainging and requiring specific information of the person who is subject to all requirement and will establish records, reports, and proper methods
• Shall have right of entry to all sectors

Campaigns and Administrative Actions

• Information shall encourage private sectors, govermennt agencies, environmental groups and other entitites
• The Department shall be responsible for instigating administrative proceedigns against the violator

Penalties and Fines

• The Filing of an administrative suit against an entity does not preclude the right for another person to engage in a civil or criminal action

Fines and Violations

• The Department, through the Pollution Adjudication Board (PAB), is required to charge a fine per day (up to ₱100,000.00) that standards are violated

Loss and Shift of Employment

• The Department of Labor is authorized to assist workers that may be laid off due to companies adherence to the code

Appropriations and Regulations

• The Department and Committees have implemented rules and regulations in accordance with the act
• 750,000,000 shall be used for the initial implementation
• Each year, not later than March 30th, the Department must submit the program to congress