PHILIPPINE CLEAN AIR

ACT OF 1999
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.
 HOW WILL AIR QUALITY IN
THE COUNTRY BE MANAGED?
 Designation of air sheds
The Secretary of the Department of Environment and
Natural Resources (DENR), upon recommendation of
the Environmental Management Bureau (EMB), will
divide the country into different air sheds. Air sheds 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. DENR
Administrative Order No. 2002-05 and Memorandum
Circular No. 2002-1 dated January 23, 2002 provided
initial designation of the Metro Manila air shed (NCR,
Region III, and Region IV-A) and the creation of its
interim governing board.
 Management of air sheds
Air sheds are to be managed by multi-
sectoral Governing Boards chaired by the
Secretary of the DENR with representatives
from the local government’s concerned
(province/city/municipality), the private sector,
people’s organizations, NGOs and concerned
government agencies.
 Functions of Governing Boards
Each Governing Board shall:
• 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.
 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.
 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 cleanup 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 air shed for the undertakings
herein stated.
 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.
 HOW WILL GOOD AIR
QUALITY BE ENSURED?
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.
WHAT ABOUT 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 improvement on the fuel quality, excluding cleaner

alternative fuels, will be spearheaded by the Department of
Energy.
WHAT ABOUT OTHER
SOURCES OF AIR
POLLUTION?
Smoking
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).
Ozone-Depleting Substances
• Consistent with the terms and conditions of
the Montreal Protocol on Substances that
deplete the Ozone Layer and other
international agreements and protocols to
which the Philippines is a signatory, the
Department shall phase out ozone-depleting
substances.
Greenhouse Gases
• The Philippine Atmospheric, Geophysical and
Astronomical Service Administration (PAGASA)
shall regularly monitor meteorological factors
affecting environmental conditions including
ozone depletion and greenhouse gases and
coordinate with the Department in order to
effectively guide air pollution monitoring and
standard-setting activities.
• The Department, together with concerned
agencies and local government units, shall
prepare and fully implement a national plan
consistent with the United Nations Framework
Convention on Climate Change and other
international agreements, conventions and
protocols on the reduction of greenhouse gas
emissions in the country.
Persistent Organic Pollutants
• The Department shall, within a period of two (2)
years after the enactment of this Act, establish
an inventory list of all sources of Persistent
Organic Pollutants (POPs) in the country. The
Department shall develop short-term and long-
term national government programs on the
reduction and elimination of POPs such as dioxins
and furans. Such programs shall be formulated
within a year after the establishment of the
inventory list.
Radioactive Emissions
• All projects which will involve the use of atomic
and/or nuclear energy, and will entail release and
emission of radioactive substances into the
environment, incident to the establishment or
possession of nuclear energy facilities and
radioactive materials, handling, transport,
production, storage, and use of radioactive
materials, shall be regulated in the interest of
public health and welfare by the Philippine
Nuclear Research Institute (PNRI), in coordination
with Department and other appropriate
government agencies.
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 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.
 WHAT ARE THE GUIDING
PRINCIPLES OF THE CLEAN
AIR ACT?
 The CAA 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.
 WHAT WILL BE DONE TO
POLLUTING INDUSTRIES?
• 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.
 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 - P1,000

2nd offense - P3,000
3rd offense - P5,000 plus a seminar
on pollution management
 WHO SHOULD IMPLEMENT
THE CLEAN AIR ACT?

The implementation of the Act is a multi-sectoral

undertaking to be spearheaded by the Department
of Environment and Natural Resources (DENR).
The institutions involved in the implementation of
the various components of the Act are as follows:
 Department of Environment and
Natural Resources (DENR)
act as overall of the lead agency; prepare a
National Air Quality Status Report which shall
be used as a basis in formulating the
Integrated Air Quality Improvement
Framework; issue rules and regulations in the
implementation of the Act.
Department of Transportation and
Communication (DOTC)
in coordination with the DENR in case of
industrial dischargers and the DOTC, in case of
motor vehicles, shall, based on environmental
techniques, design, impose on and collect
regular emission fees from all said dischargers
as part of the emission permitting system or
vehicle registration renewal system, as the
case may be; implement the emission
standards for motor vehicles.
Department of Science and Technology
( DOST)
with the DENR, other agencies, private sector ,
the academe, non-government organizations
and people’s organization, shall establish a
National Research Development Program for
the prevention and control of air pollution.
 Department of Trade and Industry
(DTI) , DOST Local Government Units
(LGUs)
together with the DENR shall develop an
action plan for the control and management of
air pollution from motor vehicles with the
Integrated Air Quality Management
Framework.
 DOTC, DTI and DENR
shall establish the procedures for the
inspection of motor vehicles and the testing of
their emissions for the purpose of determining
the concentration and/or rate of emission of
pollutants discharged by the said sources.
 Department of Energy (DOE) co-
chaired with the DENR, in consultation
with the Bureau of Product Standards
of DTI, DOST with the fuel and
automotive industries, academe and
the consumers
shall set specifications for all types of fuel and
fuel-related products, to improve fuel
composition for increased efficiency and
reduced emissions.
Philippine Atmospheric, Geophysical
and astronomical Service
Administration (PAGASA)
shall regularly monitor meteorological factors
affecting environmental conditions including
ozone depletion and greenhouse gases.
Philippine Nuclear Research Institute
(PNRI)
with the DENR shall regulate all projects which
will involve the use of atomic and/or nuclear
energy, and will entail release of radioactive
substances into the environment, incident to
the establishment or possession of nuclear
energy facilities and radioactive materials,
handling, transport , production , storage and
use of radioactive materials.
 Department of Education (DepEd),
Commission on Higher Education
(CHED) , Department of Interior and
Local Governments (DILG) and the
Philippine Information Agency ( PIA)
shall encourage participation of government
agencies and the private sector including
NGOs, POs, academe, environmental groups
and other private entities in a multi-sectoral
campaign.
A. Mitigation of air pollution
from mobile sources
Motor Vehicle Inspection System:

Land Transportation Office (LTO)

Department of Transportation and
Communications (DOTC)
Private sector groups
Private Emission Testing Centers:

DOTC-LTO
Department of Trade and Industry (DTI)
DENR
Private sector groups
B. Reduction of emissions
from vehicular use
 Introduction of Emission Control
technologies:

DENR
DOTC
DTI
Department of Science and Technology (DOST)
Automotive industry
Regulation in the importation of
second-hand vehicles:

Bureau of Customs-DOF
Bureau of Import Services-DTI
DOTC-LTFRB-LTO
C. Mitigation of air pollution
from stationary sources
 Stack monitoring and related
permitting:

EMB and its regional offices

authorized/recognized private sector groups
Adjudication of air pollution cases:

Pollution Adjudication Board (PAB)

Funds for the Installation of Air
Pollution control Facility:

Land Bank of the Philippines

Development Bank of the Philippines
D. Strengthening of ambient air
monitoring, reporting ad
management
EMB in cooperation with concerned
government agencies
EMB Regional Offices
E. Improvement of fuel
quality
Change in composition of fuel quality:
Department of energy (DOE)
DENR
DTI-Bureau of Product Standards
DOST
Chamber of automotive Manufacturers of the
Philippines, Inc.
Oil companies
NGOs
Examination of potential for
alternative fuels:

DOE
DOST
Private sector groups
 F. Reduction in traffic
congestion and improvement
in traffic flow
 Road rehabilitation Program:
Department of Public Works and Highways
Traffic engineering and Management:

DOTC
MMDA
LGUs
concerned government agencies
 Transport Policy Studies:

MMDA
DOTC-Light Railway Transport Authority
Philippine National Railway
LGUs
 G. Increasing public
awareness
DENR Public Affairs Office and the
Environmental Education and Information
Division-EMB, with Partnership for Clean Air
relevant government agencies
Private sector
Civil society
WHAT CAN YOU DO TO
HELP CLEAN THE AIR?
For vehicle owners/motorist:

• 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.
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)
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.
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.