REPUBLIC ACT 8749

AN ACT PROVIDING FOR THE COMPREHENSIVE

AIR POLLUTION CONTROL POLICY AND FOR OTHER PURPOSE
“PHILIPPINE CLEAN AIR ACT OF 1999”

CONSTITUTIONAL PROVISIONS
Stated in the Philippine Constitution that:

a. The prime duty of the Government is to serve and protect the people. - Sec 4, Art III
b. …and an improved quality life for all. – Sec 9, Art III
c. The State shall promote social justice in all phases of national development. – Sec 10, Art III
d. The State shall protect and promote the right to health of the people and instill health
consciousness among them. – Sec 15, Art III
e. 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. – Sec 16, Art III
f. The State shall adopt an integrated and comprehensive approach to health development
which shall endeavor to make essential goods, health and other social services available to
all people at affordable cost. – Sec 11, Art XIII

WHAT IS CLEAN AIR ACT?

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?

With the issuance of DENR Administrative Order No. 2002-05, Memorandum Circular No. 2002-1 and
Memorandum Circular No. 013 (under SENR Michael Defensor), air sheds were designated based on the
climate, weather, meteorology and topology. All these affect the mixture and diffusion of pollutants in
the air.

The creation of Air Quality Management Fund (AQMF) to be administered by the DENR, shall be the
financial arm of the said bureau and shall facilitate the 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.

A multi-sectoral Governing Board shall be in-charge in formulating policies and standards subject to
national law; prepare a common action plan; coordinate its members; and submit and publish an
Annual Air Quality Status report of their respective air sheds.

These air sheds are:

a. Metro Cebu
b. Metro Manila
c. Metro Davao
d. CAR
e. Naga City
f. Metro Cagayan de Oro
g. Zamboanga City
h. Agusan del Norte
Sean P. Palacpac – Resurreccion
Human Rights Law, 3L 1s
Source: Department of Environment and Natural Resources. (2003, August). Primer on the Clean Air Act. Diliman: DENR-Public Affairs Office
 i. Metro Tuguegarao
j. South Cotabato
k. Metropolitan Iloilo
l. Northeastern Pangasinan
m. (Geothermal Air Sheds)
i. Leyte
ii. Southern Negros
iii. North Cotabato
iv. Bacon – Manito, Sorsogon

WHAT THE CLEAN AIR ACT ENSURES?

The Clean Air Act (CAA) phased out the selling and usage of leaded gas which contributes to the high
presence of lead in the air we breathe. Lead is one of the main causes of Lung Cancer and other
respiratory diseases. CAA also provides for the lowering of sulfur content of industrial and automotive
diesel; lowering of aromatics in unleaded gasoline; and of benzene in unleaded gasoline.

CAA also involves the active participation of the Department of Energy in improving fuel quality and in
funding research on cleaner alternative fuels.

With the implementation of CAA, Smoking has been banned since May 25, 2001 for the following
locations: ( penalty ranges from 6 months and one day to one year imprisonment or a fine of 10,000
pesos)

a. Inside public buildings;

b. Enclosed public places (includes public vehicles and other means of transport);
c. In any enclosed area outside of one’s private residence, place of work; or
d. Any duly designated area which will be enclosed.

CAA covers 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 smokestacks of powerplants, hotels
and other establishments.

Area sources refer to sources of emissions other than above. These include smoking, burning of garbage,
and dust from construction, unpaved grounds and others.

For industrial sources of air pollution, all stationary sources must comply with the National Emission
Standard for Sources Specific Air Pollutants (NESSAP) and National Ambient Air Quality Standards
(NAAQS) and must secure their permit to operate prior to operation.

Sean P. Palacpac – Resurreccion

Human Rights Law, 3L 1s
Source: Department of Environment and Natural Resources. (2003, August). Primer on the Clean Air Act. Diliman: DENR-Public Affairs Office
CAA also provides for the maintenance of attainment and non-attainment areas, in respective
specifications. Attainment areas are such where the ambient air quality complies with the NAAQ
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.

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 emissions (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.

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.

Sean P. Palacpac – Resurreccion

Human Rights Law, 3L 1s
Source: Department of Environment and Natural Resources. (2003, August). Primer on the Clean Air Act. Diliman: DENR-Public Affairs Office
As for the mobile sources of air pollution, guidelines have been set for emission standards for various
vehicles that are either in-use, new, rebuilt and imported second hand.

The FIVE GUIDING PRINCIPLES OF CAA

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 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 for all.

POLLUTERS MUST PAY

Sanctions were laid down for this guiding principle of CAA. For polluting industries, a fine of not more
than Php 100,000 for every day of violation shall be charged against the owner of a stationary source,
until such time that the standards have been met.

An imprisonment of not less than six years but not more than 10 years upon the discretion of the court
shall be imposed for gross violation. In consonance, the Pollution Adjudication Board could close the
establishment by the virtue of an issuance of a Cease and Desist Order.

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.

For smoke belchers, DOTC/LTO officers shall take charge in penalizing vehicle owners who are caught on
the road. Violators are subject to a minimum fine of Php 1,000 to a maximum of P 5000 plus a seminar
on pollution management.

Implementation of CAA is a multi-bureau and multi-sectoral participation. It starts with DENR and
specifically Environmental Management Bureau, to DOH, DOTC – LTFRB – LTO, DPWH, DOE, DTI, DOST,
DOST, private sector groups and NGOs. CAA is one law that needs not only what the government can
offer to the health and wellness of its people but likewise the people, how they could be of help in
maintaining what its government had started.

Sean P. Palacpac – Resurreccion

Human Rights Law, 3L 1s
Source: Department of Environment and Natural Resources. (2003, August). Primer on the Clean Air Act. Diliman: DENR-Public Affairs Office