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Clean Air Act (Caa) : How Will Air Quality in The Country Be Managed?
Clean Air Act (Caa) : How Will Air Quality in The Country Be Managed?
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.
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 organizations; and a
limited percentage (5 to 10%) of the proceeds of the Program Loan for the
Metro Manila Air Quality Improvement Sector Development Program.
The National Ambient Air Quality Guideline Values, in order to protect health,
safety, and the general welfare, have been set in law. These are to be routinely
reviewed by the DENR, through the EMB, in coordination with other concerned
agencies and sectors.
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 improvement on the fuel quality, excluding cleaner alternative fuels, will
be spearheaded by the Department of Energy.
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 one’s private residence, private place of
work; or
Any duly designated area which will be enclosed.
The local government units are mandated to implement this provision 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 (P10,000).
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, jeepneys, tricycles,
motorcycles, and vans.
Point sources refer to stationary sources such as industrial firms and the
smokestacks of power plants, hotels, and other establishments.
Area sources refer to sources of emissions other than the above. These
include smoking, burning of garbage, and dust from construction, unpaved
grounds, etc.
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.
For existing sources or those established prior to the effectivity date (November
25, 2000) of the Implementing Rules and Regulations (IRR), 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 emission trading and/or averaging as part of compliance plan;
Must comply within 18 months if found non-compliant;
Must pay mass emission fees.
For new 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;
Emissions averaging is not allowed, but may generate emission credits for
selling;
Must pay mass emission fees;
Must install continuous monitoring system (CEMS) for sources with potential to
emit greater than or equal to 100 tons per year.
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 the Department of Trade and Industry,
whether locally assembled/manufactured 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.
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 (i.e., MRT, LRT)
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.
Don’t burn garbage.
Avoid using aerosols.
Properly dispose of refrigerant, refrigeration equipment, and used coolant.
For everyone:
Talk to people on what they can do about air pollution.
Report smoke-belchers to LTO, MMDA, and/or the appropriate local
government units.
Walk or ride your bike to places.
Take the bus or mass rail transit whenever you can.
Work with residential associations to stop burning of garbage.
Plant trees.
Spread the word about the ban on smoking in public places.
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.
A fine of not more than P100,000 for every day 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.
There is gross violation of the law or its rules when any of the following occurs:
1. Three or more specific offenses within a period of one year.
2. Three or more offenses within three consecutive years.
3. 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.
4. Irreparable or grave damage to the environment as a consequence of any
violation or omission of the provisions of the Act or its IRR.