Philippine Clean Air Act Overview

Philippine Clean Air Act

• Aims to protect and advance the right of people to a balanced and healthful environment.
• Principle of "polluters must pay" is emphasized.
• Clean and healthy environment is the concern of all.

Recognition of Rights

• Right to breathe clean air.
• Right to utilize and enjoy natural resources sustainably.
• Right to participate in the formulation, planning, implementation, and monitoring of environmental policies and programs, and in the decision-making process.
• Right to be informed about potential hazards of any activity.
• Right of access to public records.
• Right to bring action in court for violation of environmental laws/regulations or for compensation.

Definitions

• Air Pollutant: Any matter in the atmosphere harmful to health or the environment, including but not limited to smoke, dust, soot, cinders, fly ash, solid particles, gases, fumes, chemical mists, steam, and radioactive substances.
• Ambient Air Quality: The general amount of pollution in a broad area, representing the atmosphere's average purity, distinguishing it from discharge measurements taken at the source of pollution.
• Emission: Air contaminant, pollutant, gas stream, or unwanted sound from a known source released into the atmosphere.
• Persistent Organic Pollutants (POPs): Organic compounds that persist in the environment, bioaccumulate through the food web, posing risks to human health and the environment.

Air Pollution Clearances and Permits

• DENR (Department of Environment and Natural Resources) is authorized to issue permits for preventing and abating air pollution.
• Regulated polluters are subject to limitations to ensure and maintain ambient air quality standards.

Pollution from Stationary Sources

• Incineration of municipal, biomedical, and hazardous wastes is prohibited.
• Local government units are mandated to implement comprehensive ecological waste management.
• This includes measures such as waste segregation, recycling, and composting.

Pollution from Motor Vehicles

• DOTR (Department of Transportation) is responsible for implementing emission standards for motor vehicles.
• Standards are set to ensure substantial improvement in air quality.
• Imported new or locally-assembled motor vehicles must meet stated emission standards to be registered.
• Existing second-hand vehicles must meet the same requirements to be in commerce.
• Vehicles that are registered must undergo emission testing.

Pollution from Other Sources

• Pollution from smoking is prohibited in public buildings and enclosed public places, or any enclosed areas outside of one's private residence or place of work.
• The Act will establish standards for mobile pollution sources from other sources not mentioned in other sections.

Other Pollutants

• The Montreal Protocol on Substances that Deplete the Ozone Layer guides actions related to ozone-depleting substances.
• The Department will phase-out ozone-depleting substances.

Greenhouse Gases

• PAGASA (Philippine Atmospheric, Geophysical and Astronomical Services Administration) is to monitor meteorological factors affecting environmental conditions.
• This includes but is not limited to ozone depletion and greenhouse gases.

Persistent Organic Pollutants (POPs)

• Inventory of POPs sources must be established within two years.
• This will be an inventory of Persistent Organic Pollutants (POPs) sources in the country.

Radioactive Emissions

• The establishment, possession, handling, transport, production, storage, and use of radioactive materials will be regulated by the Philippine Nuclear Research Institute (PNRI).

Institutional Mechanism

• Department of Environment and Natural Resources (DENR) serves as the lead agency.
• The Environmental Management Bureau (EMB) will transition to a line bureau.
• This is for a period of no more than two years, unless a separate, comprehensive environmental agency is established.

Linkage Mechanism

• The Department will consult, cooperate and enter agreements with other government agencies, NGOs or groups, or private entities.
• This is to further the objectives of the Act.

Role of Local Governments

• LGUs (Local Government Units) will share responsibility in maintaining air quality within their territories.
• DENR will provide technical assistance, trainings, and a continuing capability-building program.

Role of Environment and Natural Resources Office

• Comprehensive plans and strategies to manage air quality will be prepared.
• Technical assistance and support is given to the governor or mayor to implement measures concerning air quality.
• The office takes a lead role in protecting and rehabilitating air quality.

Administrative Action

• Upon verified complaint, cases of violation are addressed via administrative proceedings.
• This can include situations related to violations outlined in the Act.
• This can include standard violations and departmental rules/regulations.

Pollution and Adjudication Board (PAB)

• PAB has sole jurisdiction over all cases concerning air pollution, including any sanctions.

Actions before the Land Transportation Office (LTO)

• Actions concerning violations of motor vehicle pollution control laws may be filed via written complaints to LTO, or by LTO initiative.

Order of Decisions

• In cases where a respondent admits to charges, a hearing officer will impose appropriate fines and determine the disposition of apprehended motor vehicles.

Violation of Standards for Stationary Sources

• Fines of up to ₱100,000 may be imposed for daily violations.
• Fines will be adjusted to account for inflation.
• Violations can lead to closure, suspension of development, construction, or operation until appropriate environmental safeguards are in place.
• Third offenses result in permanent closure.

Violation of Standards for Motor Vehicles

• No motor vehicle will be registered without compliance with the emission standards, provided by the department.
• Testing is required for suspected violations via visual signs, such as smoke-belching.
• Consequent violation testing will result in continuing custody of the impounded vehicle.
• A pass will be issued to authorize a specified period for use, seven days max.
• Offences are penalized with escalating fines for first, second, and third occurrences, as well as vehicle suspension/revocation.

Gross Violations

• Penalties are outlined for violations, particularly violations exceeding the permissible amount in a set period, disregard for existing orders and closure orders, or for irreparable environmental damage.
• These offenses result in imprisonment for a minimum of 6 years.

Reducing Air Pollution

• Options for reducing air pollution are highlighted, including renewable energy use, reducing motor vehicle usage, and planting trees.