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Republic Act No.

8749
What is R.A. 8749?

•Known as "Philippine Clean Air Act of 1999."


•An act providing for a comprehensive air pollution
control policy and for other purposes.
•Contains 7 chapters and 56 sections
•Approved on June 23, 1999
State Principles:
• 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.
• The State shall promote and protect the global environment to attain
sustainable development while recognizing the primary responsibility of local
government units to deal with environmental problems.

• The State recognizes that the responsibility of cleaning the habitat


and environment is primarily area-based.
• The State also recognizes the principle 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.
Recognition of Rights of Citizens
a. The right to breathe clean air;
b. The right to utilize and enjoy all natural resources according to the principles
of sustainable development;
c. The right to participate in the formulation, planning, implementation and
monitoring of environmental policies and programs and in the decision-
making process;
d. The right to participate in the decision-making process concerning
development policies, plans and programs projects or activities
that may have adverse impact on the environment and public
health;
Recognition of Rights of Citizens

e. The right to be informed of the nature and extent of the potential


hazard of any activity, undertaking or project and to be served
timely notice of any significant rise in the level of pollution and the
accidental or deliberate release into the atmosphere of harmful or
hazardous substances;
f. The right of access to public records which a citizen may need to
exercise his or her rights effectively under this Act.
Recognition of Rights of Citizens

g. The right to bring action in court or quasi-judicial bodies to enjoin


all activities in violation of environmental laws and regulations, to
compel the rehabilitation and cleanup of affected area, and to seek
the imposition of penal sanctions against violators of environmental
laws.
h. The right to bring action in court for compensation of personal
damages resulting from the adverse environmental and public
health impact of a project or activity.
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.
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.
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, people’s organizations, NGOs and concerned
government agencies.
Function of
Governing Boards Formulate
policies and Prepare a
standards common
subject to action plan.
national laws.

Submit and
publish an
Coordinate its annual Air
members. Quality Status
Report for their
airshed.
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.
What are the compliance mandates for mobile sources of air
pollution?
1. 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.
What are the compliance mandates for mobile sources of air
pollution?
• 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.
• 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).
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.
Fuels…
Clean fuels are needed to achieve clean air. The CAA thus provides for:
1. The complete phase out of leaded gasoline before the end of the
year 2000
2. 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%.
3. 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.
4. Further improvements on the fuel quality, excluding cleaner
alternative fuels, will be spearheaded by the Department of Energy.
What will be done to polluting industries?

• A fine of not more than 100,000 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.
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.
Smoking is banned beginning May 25, 2001, in any of the following
locations:
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:
 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.
 any duly designated area which will be enclosed
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 owner’s manual
• Keep tires properly inflated
• Plan trips and observe proper driving habits
• Remove unnecessary things from the trunk. Don’t overload
and travel only at speed required by traffic regulations and
road conditions.
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
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
• Don’t burn garbage
• Avoid using aerosols
• Properly dispose of refrigerant, refrigeration equipment and
used coolant
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
FOR CLEANER AIR…

Start helping NOW!!!


Thanks for listening!
PPT Prepared By:
MARY JEAN G. RECENA
CEU, Graduate School

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