Salient Features.docx

Salient Features of R.A. 8749 SCOPE  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, 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 emissions such as smoking, burning of garbage, dust from construction, unpaved grounds, etc.

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. Section 2 of Clean Air Act provides that the State shall: 1. Protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature; 2. Promote and protect the global environment while recognizing the primary responsibility of local government units to deal with environmental problems; 3. Recognize that the responsibility of cleaning the habitat and environment is primarily area-based; 4. Recognize that “polluters must pay” 5. Recognize that a clean and healthy environment is for the good of all and should therefore be the concern of all.

SECTION 9, ARTICLE 1 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 affects the mixture and diffusion of pollutants in the air, share common interests or face familiar development problems. DENR Administrative Order No. 200205 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 airsheds 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, NGO’s and concerned government agencies

Function of Governing Boards Each governing board shall: 1. Formulate policies and standards subject to national laws;

1|Page

2. Prepare a common action plan; 3. Coordinate its members; 4. Submit and publish an annual air quality status report for their airshed. Support groups: 1. 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 boarder participation of all stakeholders. The EMB will serve as the technical secretariat of each Governing Board.

SECTION 14, ARTICLE 1 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 treasury 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. 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 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 general welfare, have been set in the law. These are to be routinely reviewed by the DENR, through the EMB, in the coordination with other concerned agencies and sectors.

Compliance 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. 2. 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. 3. 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. 4. 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

2|Page

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 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 DOTC/LTO or its duly deputized agents. Violators will be subjected to the following fines/penalties:

1st offense 2nd offense 3rd offense

P 1000 P 3000 P 5000 plus a seminar on pollution management

What about fuels? Clean fuels are needed to achieve clean air. The CAA thus provides for: 1. The complete phaseout 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 is 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 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. 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 effective date (November 25, 2000) of the Implementing Rules and Regulations (IRR), in attainment areas, the following must be observed: 1. Must comply with the NESSAP and the NAAQS, or submission of compliance program in case of non-compliance. 2. May use emissions trading and/or averaging as part of compliance plan; 3. Must comply within 18 months if found non-complainant; 4. Must pay mass emission fees. For new or modified sources of air pollution in attainment areas, the following must be observed:

3|Page

1. Must have an “Authority to Construct” which is converted to permit to operate. 2. Must comply with the NESSAP and NAAQS. 3. 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; 4. Emissions averaging is not allowed, but may generate emission credits for selling; 5. Must pay mass emissions fees. 6. Must install Continuous Emission Monitoring System (CEMS) for sources with potential to emit greater than or equal to 100 tons per year.

For existing stationary sources in non-attainment areas, the following must be observed: 1. Must comply with the NESSAP and NAAQS. 2. In case of non-compliance, compliance plan to meet the standards within 12 months is required. 3. Must pay a higher fee for the mass rate of emissions (50% surcharge); 4. Must pay a 100% surcharge (i.e. 200% of base) for any penalties and fines relating to a violation of the non-attainment provisions.

For new or modified sources in non-attainment areas, the following must be observed: 1. must comply with the NESSAP and NAAQS; 2. 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; 3. must not use emissions averaging and trading for compliance; 4. must install CEMS 5. must pay 50% surcharge on mass emission fee; 6. must pay a 100% surcharge (i.e., 200% of base) for any penalties and fines relating to a violation of the non-attainment provisions.

What will be done to polluting industries? 1. A fine of not more than P 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. 2. 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 could close the firm through the issuance of a Cease and Desist Order.

There is a 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 3 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 of omission of the provisions of the Act or its IRR.

4|Page

What about other sources of air pollution? Smoking is banned beginning May 25, 2001 in any of the following locations: 1. Inside a public building; 2. Enclosed public places including public vehicles and other means of transport; 3. In any enclosed area outside of one’s private residence, private place of work; or 4. 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 of imprisonment or a fine of ten thousand pesos (P10,000). The implementation of the Act is a multi- sectoral undertaking to be spearheaded by the DENR. The institutions involved in the implementation of the various components of the Act are as follows: A. Mitigation of air pollution from mobile sources Motor vehicle inspection system:  LTO  DOTC  Private sector groups Private emission testing centers:  DOTC-LTO  DTI  DENR  Private sector groups

B. Reduction of emissions from vehicular use Introduction of emission control technologies  DENR  DOTC  DTI  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

5|Page

D. Strengthening of ambient air quality monitoring, reporting and 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  Department of Science and Technology (DOST)  Chamber of Automotive Manufacturers of the Philippines, Inc.  Oil Companies  NGO’s 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  - LGU’s  - Concerned government agencies Transport Policy Studies:  - MMDA  - DOTC-Light Railway Transport Authority  - Philippine National Railway  - LGU’s

G. Increasing Public Awareness  DENR Public Affairs Office and the Environmental Education and Information Division-EMB, with the Partnership for Clean Air  relevant government agencies  private sector  civil society

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 form the trunk. Don’t overload and travel only at speed required by traffic regulations and road conditions.

6|Page

For commuters:  Try talking to the jeep/ bus/tricycle driver about high health risks for 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.

7|Page