Primer on the

1
Primer on the Clean Air Act
Department of Environment and Natural
Resources ENVIRONMENTAL MANAGEMENT BUREAU Region
I, San Fernando City La Union
2
Implementation of the Philippine Clean Air Act of
1999 the phase-out of lead in gasoline by January
2001 has mostly eliminated the lead problem.
Sulfur dioxide emissions in Metro Manila have
fallen because of the closure of a few power
plants around the metropolis. Selected private
sector enterprises have taken steps to help
reduce vehicular emissions by allowing only
pollution free vehicles to enter their premises.
Similarly, civil society organizations have been
very active in promoting awareness and catalyzing
public opinion for improvements in air quality.
3
What is the Clean Air Act?

• Republic Act No. 8749, otherwise known as the
  Philippine Clean Air Act, is a comprehensive air
  quality management policy and program which aims
  to achieve and maintain healthy air for all
  Filipinos.

4
The Clean Air Act provides that 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
• Promote and protect the global environment while
  recognizing the primary responsibility of local
  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
• Recognize that a clean and healthy environment is
  for the good of all and should therefore be the
  concern of all.

5
Designation of Airsheds

• The Secretary of the DENR, upon recommendation
  of the Environmental Management Bureau (EMB),
  will divide the country into different airsheds.
• Airsheds are to be designated based on climate,
  weather, meteorology and topology, which affect
  the mixture and diffusion of pollutants in the
  air, share common interests or face similar
  development problems.

6
Management of Airshed

• Airsheds are to be managed by multi-sectoral
  Governing Boards chaired by the Secretary of the
  DENR with representatives from the local
  governments concerned (province/city/municipality)
  , the private sector, peoples organizations,
  NGOs and concerned government agencies.

7
Function of Governing Boards

• Formulate policies and standards subject to
  national laws
• Prepare a common action plan
• Coordinate its members
• Submit and publish an annual Air Quality Status
  Report for their airshed.

8
Support Groups

• To carry out the day-to-day work of the board, a
  nine-member Executive Committee is to be elected
  at large by the members of the Governing Board.
  Technical Working Groups are also to be formed to
  ensure broader participation of all stakeholders.
  The EMB will serve as the technical secretariat
  of each Governing Board.

9
Air Quality Management Fund

• An Air Quality Management Fund (AQMF), to be
  administered by the DENR, through the Bureau, as
  a special account in the National Treasury shall
  be established to finance containment, removal
  and clean up operations of the government in air
  pollution cases, guarantee restoration of
  ecosystems and rehabilitate areas affected by
  violations to the ACT, support research,
  enforcement and monitoring activities of the
  relevant agencies. Such fund may likewise be
  allocated per airshed for the undertakings herein
  stated.

10
Sources for the AQMF shall include

• Air emission charges from industries and motor
  vehicles
• Fines and penalties for non-compliance with air
  pollution standards
• Grants from both private sector and donor
  organization
• Limited percentage (5 to 10) of the proceeds of
  the Program Loan for the Metro Manila Air Quality
  Improvement Sector Development Program

11
Ensuring Good Air Quality

• The National Ambient Air Quality Guideline
  Values, in order to protect health, safety and
  the general welfare, have been set in the law.
  These are to be routinely reviewed by the DENR,
  through EMB, in coordination with other concerned
  agencies and sectors.

12
What are covered by the Clean Air Act

• 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 vehicle like cars,
  trucks, buses, jeepneys, tricycles, motorcycles
  and vans.
• Point sources refer to stationary sources such as
  industrial firms and smokestacks of power plants,
  hotels and other establishments.
• Area sources refer to sources of emission other
  than the above. These include smoking, burning of
  garbage, and dust from construction, unpaved
  grounds, etc.

13
What are the compliance mandates for mobile
sources of air pollution

• Exhaust emission standards for various mobile
  sources that are either in-use, new, rebuilt, and
  imported second hand have been set.
• All new motor vehicles classified under the
  Philippine National Standards 1891 of the Bureau
  of Product Standards of Department of Trade and
  Industry, whether locally assembled/ manufactures
  or imported are to be covered by a Certificate of
  Conformity (COC). The COC is to be issued by the
  DENR to the motor vehicle manufacturer, assembler
  or importer.
• In-use motor vehicles will only be allowed
  renewal of their registration upon proof of
  compliance with emission standards through actual
  testing by the Motor Vehicle Inspection System
  (MVIS) of the DOTC/LTO, and authorized private
  emission testing centers.
• On the other hand, rebuilt motor vehicles or
  imported second hand completely built-up or
  pre-regulated vehicles retrofitted with
  secondhand engines will only be allowed
  registration or renewal of registration upon
  submission of a valid Certificate of Compliance
  to Emission Standards (CCES) issued by the DOTC.
  The CCES will only be issued if the exhaust
  emission standard for that specific motor vehicle
  is met, as verified by actual testing through the
  Motor Vehicle Inspection System (MVIS).

14
What will be done to smoke belching vehicles on
the road?

• Smoke belching vehicles on the road shall be
  subjected to emission testing by properly
  equipped enforcement teams from the DOTC/LTO or
  its duly deputized agents. Violators will be
  subject to the following fines/ penalties
• 1st offense- ONE THOUSAND PESOS (P1,000.00)
• 2nd offense- THREE THOUSAND PESOS (P3,000.00)
• 3rd offense- FIVE THOUSAND PESOS (P5,000.00)
  plus seminar on pollution management

15
Fuels

• Clean fuels are needed to achieve clean air. The
  CAA thus provides for
• The complete phase out of leaded gasoline before
  the end of the year 2000
• The lowering of the sulfur content of industrial
  and automotive diesel, respectively, from 0.5 to
  0.3 and from 0.2 to 0.05.
• The lowering of aromatics in unleaded gasoline
  from 45 maximum to 35 maximum and the lowering
  of benzene in unleaded gasoline from 4 maximum
  to 2 maximum.
• Further improvements on the fuel quality,
  excluding cleaner alternative fuels, will be
  spearheaded by the Department of Energy.

16
What are the compliance mandates for industrial
sources of air pollution?

• All stationary sources must comply with the
  National Emission Standards for Source Specific
  Air Pollutants (NESSAP) and National Ambient Air
  Quality Standards (NAAQS) and must secure their
  permit to operate, prior to operation.
• For new or modified sources, the Permit to
  Operate shall be converted to Authority to
  Construct.
• The Act also provides for the maintenance of
  attainment and non-attainment areas, in
  respective specifications as would be described
  shortly. Attainment areas are such where the
  existing ambient air quality complies with the
  National Ambient Air Quality Guideline Values.

17
For existing sources or those established prior
to the effectivity date (November 25, 2000) of
the Implementing Rules and Regulations in
attainment areas, the following must be observed

• Must comply with the NESSAP and the NAAQS, or
  submission of compliance program in case of
  non-compliance
• May use emissions trading and/or averaging as
  part of compliance plan
• Must comply within 18 months if found
  non-compliant
• Must pay mass emission fees.

18
For existing sources or those established prior
to the effectivity date (November 25, 2000) of
the Implementing Rules and Regulations in
attainment areas, the following must be observed

• For new or modified sources of air pollution, in
  attainment areas the following must be observed
• Must comply with the NESSAP and NAAQS
• Must have an Authority to Construct, which is
  converted to Permit to Operate
• Must apply Best Available Control Technology or
  such approaches, techniques or equipment which
  when used, result in lower air emissions, but in
  a cost-effective manner
• Emission averaging is not allowed, but may
  generate emission credits for selling
• Must pay mass emission fees
• Must install continuous emission monitoring
  system (CEMS) for sources with potential to emit
  greater than or equal to 100 tons per year.

19
For existing sources or those established prior
to the effectivity date (November 25, 2000) of
the Implementing Rules and Regulations in
attainment areas, the following must be observed

• For existing stationary sources in non-attainment
  areas, the following must be observed
• Must comply with the NESSAP and NAAQS
• In case of non-compliance, compliance plan to
  meet the standards within 12 months is required
• Must pay a higher fee for the mass rate of
  emission (50 surcharge)
• Must pay a 100 surcharge (i.e., 200 of base)
  for any penalties and fines relating to a
  violation of the non-attainment provisions.

20
For existing sources or those established prior
to the effectivity date (November 25, 2000) of
the Implementing Rules and Regulations in
attainment areas, the following must be observed

• For new or modified sources in non-attainment
  areas, the following must be observed
• Must comply with the NESSAP and NAAQS
• Must install Lowest Achievable Emission Rate
  (LAER) control technology, or such technology or
  combination of technologies and process controls
  that result in the lowest possible emissions of a
  given air pollutant. The technical feasibility,
  rather than the cost, is the consideration, in
  determining the applicable LAER for a given
  source
• Must not use emissions averaging and trading for
  compliance
• Must install CEMS
• Must pay 50 surcharge on mass emission fees
• Must pay a 100 surcharge (i.e., 200 of base)
  for any penalties and fines relating to a
  violation of the non-attainment provisions.

21
What will be done to polluting industries

• A fine of not more than 100,000 for everyday of
  violation shall be charged against the owner of a
  stationary source, until such time that standards
  have been met.
• For gross violation, the penalty is imprisonment
  of not less than six years but not more than 10
  years upon the discretion of the court. At the
  same time, the Pollution Adjudication Board (PAB)
  could close the firm through the issuance of a
  Cease and Desist Order.

22
What will be done to polluting industries

• There is gross violation of the law or its rules
  when any of the following occurs
• Three or more specific offenses within a period
  of one year
• Three or more offenses within three consecutive
  years
• Blatant disregard of the orders of the PAB, such
  as, but not limited to the breaking of seals,
  padlocks and other similar devices, or operating
  despite the existence of an order for closure,
  discontinuance or cessation of operation.
• Irreparable or grave damage to the environment
  as a consequence of any violation or omission of
  the provisions of the Act or its IRR.

23
Smoking is banned beginning May 25, 2001, in any
of the following locations

• inside a public building
• enclosed public places including public vehicles
  and other means of transport
• in any enclosed area outside of ones private
  residence, private place of work or
• any duly designated area which will be enclosed

The local government units are mandated to
implement this provisions of the law Penalty to
violation of this provision is six months and one
day to one year imprisonment, or a fine of ten
thousand pesos
24
What can you do to help clean the air

• For vehicle owners/motorists
• Maintain your vehicle by changing oil regularly
  (every 5,000 kilometers)
• Keep the engine well tuned following the owners
  manual
• Keep tires properly inflated
• Plan trips and observe proper driving habits
• Remove unnecessary things from the trunk. Dont
  overload and travel only at speed required by
  traffic regulations and road conditions.

25
What can you do to help clean the air

• For commuters
• Try talking to the jeep/bus/tricycle driver about
  the high health risks of poor vehicle maintenance
  and improper driving practices.
• Patronize mass railway transit

26
What can you do to help clean the air

• For office workers
• Reduce use of air conditioning and ensure that
  rooms are sealed
• Make sure that lights are energy efficient
• Use company vehicles wisely and make sure that
  they are well maintained
• Use natural
  lighting by opening window
  curtains at daytime.

27
What can you do to help clean the air

• At home
• Use low watt bulbs or energy saving lights
• Limit the use of air conditioning units and keep
  the temperature a few degrees higher
• Dont burn garbage
• Avoid using aerosols
• Properly dispose of refrigerant, refrigeration
  equipment and used coolant

28
What can you do to help clean the air
FOR EVERYONE

• Report smoke belchers to LTO, MMDA and/or
  appropriate local government units.
• Walk or ride your bike to places
• Work with residential association to stop burning
  of garbage
• Spread the word about the ban of smoking in
  public places.
• Plant trees