REPUBLIC ACT 8749:

Clean Air Act

of 1999
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GENERAL PROVISIONS
What is RA 8749?
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RA 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

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 DECLARATION OF PRINCIPLES

The State shall protect and advance the right of the

people to a balanced and healthful ecology by
promoting and protecting the environment.

The State recognizes the primary responsibility of local

government units in dealing with environmental
problems.

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 DECLARATION OF PRINCIPLES

The State also recognizes that the responsibility of cleaning

the habitat and environment is primarily area-based.
The State also recognizes the principle that "polluters must
pay".
Finally, the State recognizes that a clean and healthy
environment is for the good of all and should therefore be
the concern of all.
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 RECOGNITION OF RIGHTS

Right to breathe clean air

Right to utilize and enjoy all natural resources
The right to participate in the formulation, planning,
implementation and monitoring of environmental
policies and programs.
The right to participate in the decision-making
process concerning development policies, plans and
programs.
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 Air
Pollutant
and Air
Pollution
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Air Pollutant

any matter found in the atmosphere

other than oxygen, nitrogen, water
vapor, carbon dioxide, and the inert
gases in their natural or normal
concentrations, that is detrimental
to health or the environment

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Air Pollution

any alteration of the physical, chemical

and biological properties of the
atmospheric air which will render the
air resources of the country harmful,
detrimental, or injurious to public
health, safety or welfare or which will
adversely affect their utilization.

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2
AIR QUALITY
MANAGEMENT SYSTEM

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AIR QUALITY MONITORING AND
INFORMATION NETWORK

The DENR, in cooperation

with the National Statistical
Coordination Board(NSCB),
shall design and develop an
information network for data
storage, retrieval and
exchange.

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AIR QUALITY MONITORING AND
INFORMATION NETWORK

Annual National Air Quality Status Report

basis in formulating the Integrated Air Quality
Improvement Framework

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 ANNUAL NATIONAL AIR
QUALITY STATUS REPORT

It shall include, but is not limited to the following:

a) Extent of pollution in the country, per type of pollutant
and per type of source.
b) Analysis and evaluation of the current state, trends and
projections of air pollution at the various levels.
c) Identification of critical areas, activities, or projects
which will need closer monitoring or regulation.
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 ANNUAL NATIONAL AIR
QUALITY STATUS REPORT

d) Recommendations for necessary executive and

legislative action.

e) Other pertinent qualitative and quantitative information

concerning the extent of air pollution and the air quality
performance rating of industries in the country.
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 INTEGRATED AIR QUALITY
IMPROVEMENT FRAMEWORK

INTEGRATED AIR QUALITY IMPROVEMENT FRAMEWORK

-the official blueprint with which all government
agencies must comply with to attain and maintain ambient
air quality standards.

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 AIR QUALITY CONTROL ACTION
PLAN

AIR QUALITY CONTROL ACTION PLAN

-shall include control strategies and control
measures to be undertaken within a specified time period
necessary for the effective control and abatement of air
pollution.
-shall be characterized by a participatory approach
to the pollution problem.
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 AIRSHEDS

AIRSHEDS
-shall be on the basis of, but not limited to, areas
with similar climate, meteorology and topology or areas
which share common interest or face similar development
programs, prospects or problems

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 MANAGEMENT OF
NON-ATTAINMENT AREAS

NON-ATTAINMENT AREAS
-areas where specific pollutants have already
exceeded ambient standards.

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 MANAGEMENT OF
NON-ATTAINMENT AREAS

The Department shall prepare and implement a

program that will prohibit new sources of exceeded air
pollutant without a corresponding reduction in existing
sources.
It will also implement a program and other measures
including relocation, whenever necessary, to protect the
health and welfare of residents in the area.
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 AIR QUALITY TECHNIQUES

The Department, through the research and

development program contained in this Act and upon
consultation with the appropriate advisory committees,
government agencies and LGUs, shall issue, and from time
to time, revise information on air pollution control
techniques.

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 AIR POLLUTION CLEARANCES AND PERMITS
FOR STATIONARY SOURCES

Permits - permits shall cover emission limitations for the

regulated air pollutants to help attain and maintain the
ambient air quality standards.

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 AIR POLLUTION CLEARANCES AND PERMITS
FOR STATIONARY SOURCES

Emission Quotas - each regional industrial center that is

designated as special airshed to allocate emission
quotas to pollution sources within its jurisdiction that
qualify under an environmental impact assessment
system.

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 AIR POLLUTION CLEARANCES AND PERMITS
FOR STATIONARY SOURCES

Financial Liability for Environmental Rehabilitation -

financial liability instruments may be in the form of a
trust fund, environmental insurance, surety bonds,
letters of credit, as well as self-insurance.

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 BAN ON INCINERATION

INCINERATION
Burning of municipal, bio-medical and hazardous
wastes, which process emits poisonous and toxic fumes.

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 BAN ON INCINERATION

That the prohibition shall not apply to traditional small-

scale method of community/neighborhood sanitation
"siga", traditional, agricultural, cultural, health, and food
preparation and crematoria

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 POLLUTION FROM MOTOR VEHICLES

The DOTC shall implement the emission standards for

motor vehicles set pursuant to and as provided in this Act.
To further improve the emission standards, the Department
shall review, revise and publish the standards every two
(2) years, or as the need arises.

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 POLLUTION FROM OTHER SOURCES

POLLUTION FROM SMOKING

Smoking inside a public building or an enclosed
public place including public vehicles and other means of
transport or in any enclosed area outside of one's private
residence, private place of work or any duly designated
smoking area is hereby prohibited under this Act.

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 POLLUTION FROM OTHER SOURCES

POLLUTION FROM OTHER MOBILE SOURCES

The Department, in coordination with appropriate
agencies, shall formulate and establish the necessary
standards for all mobile sources

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FUELS, ADDITIVES,
SUBSTANCES AND
POLLUTANTS
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 FUELS AND ADDITIVES

Improvement of fuel composition for increased efficiency and reduced

emissions
Department of Energy (DOE)
Department of Health (DOH)
Department of Environment and Natural Resources (DENR)
Bureau of Product Standards (BPS) of the DTI
Department of Science and Technology (DOST)
Representatives of the fuel and automotive industries, academe and
the consumers 30
 MISFUELLING

In order to prevent the disabling of any emission

control device by lead contamination, no person shall
introduce or cause or allow the introduction of leaded
gasoline into any motor vehicle equipped with a gasoline
tank filler inlet and labeled "unleaded gasoline only".

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 OTHER POLLUTANTS

Ozone-depleting Substances
Greenhouse Gases
Persistent Organic Pollutants
Radioactive Emissions

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 4
INSTITUTIONAL
MECHANISM

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 INSTITUTIONAL MECHANISM

Department's Environmental Management Bureau (EMB)

shall be converted from a staff bureau to a line bureau

Department should work with other government

agencies, with affected nongovernmental organizations
(NGOs) or people's organizations (POs), or private
enterprises
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 INSTITUTIONAL MECHANISM

Local government units (LGUs) shall share the

responsibility in the management and maintenance of air
quality within their territorial jurisdiction

Department should have a training program designed to

teach LGUs to undertake full administration of air quality
management
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 INSTITUTIONAL MECHANISM

There should be Environment and Natural Resources

Office in every province, city, or municipality
Roles:
1. prepare comprehensive air quality management programs, plans
and strategies
2. provide technical assistance and support to the governor or mayor
3. take the lead in all efforts concerning air quality protection and
rehabilitation
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 5
ACTIONS

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 ADMINISTRATIVE ACTION

Without prejudice to the right of any affected person to file

an administrative action, the Department shall, on its own
instance or upon verified complaint by any person, institute
administrative proceedings against any person who
violates:
a) Standards or limitation provided under this Act; or
b) Any order, rule or regulation issued by the Department
with respect to such standard or limitation.
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 CITIZEN SUITS

For purposes of enforcing the provisions of this Act or its

implementing rules and regulations, any citizen may file an
appropriate civil, criminal or administrative action in the
proper courts against:
a) Any person who violates or fails to comply with the
provisions of this Act or its implementing rules and
regulations; or
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 CITIZEN SUITS

b) The Department or other implementing agencies with respect to

orders, rules and regulations issued inconsistent with this Act,
and/or
c) Any public officer who willfully or grossly neglects the
performance of an act specifically enjoined as a duty by this Act or
its implementing rules and regulations; or abuses his authority in
the performance of his duty; or, in any manner, improperly
performs his duties under this Act or its implementing rules and
regulations
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FINES AND PENALTIES

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 FINES AND PENALTIES

STATIONARY SOURCES
A Fine of < P 100,000.00 for everyday of violation of standards
until such time that standards have been complied with
Shall be increased by at least 10% every 3 years to
compensate for inflation & to maintain the deterrent function
of the fine
Penalties for Gross Violation: Imprisonment of not less than 6
years but not more than 10 years at the discretion of the court
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 FINES AND PENALTIES

MOBILE SOURCES
Exceedance of exhaust emission limits:
1st offense: P 1,000.00
2nd offense: P 3,000.00
3rd offense: P 5,000.00 + seminar on pollution control
management
If 3rd offense was committed w/in a year from the commission of
the 1st offense: suspension of MVR for 1 year
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 FINES AND PENALTIES

BAN ON SMOKING
Imprisonment of 6 months and 1 day to 1 year; or
A fine of P 10,000.00
OPEN BURNING
A fine of not < P 10,000.00 but not > P 100,000.00; or
6 yrs. Imprisonment
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 7
FINAL PROVISION

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 APPROPRIATIONS

INITIAL IMPLEMENTATION - Php750,000,000.00

Department (DENR) - Php300,000,000.00
DTI - Php200,000,000.00
DOTC - Php150,000,000.00
DOE - Php100,000,000.00

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 IMPLEMENTING RULES AND
REGULATIONS

The Department in coordination with the Committees

on Environment and Ecology of the Senate and House of
Representatives, respectively and other concerned
agencies, shall promulgate the implementing rules and
regulations for this Act, within one (1) year after the
enactment of this Act.

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 EFFECTIVITY

This Act shall take effect fifteen (15) days from the
date of its publication in the Official Gazette or in at least
two (2) newspapers of general circultion.

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 QUIZ

1. What is RA 8749?
2. How many chapters does RA 8749 have?
3. When was RA 8749 approved?
4. It is any matter found in the atmosphere other than oxygen, nitrogen, water
vapor, carbon dioxide, and the inert gases in their natural or normal
concentrations, that is detrimental to health or the environment.
5. It is the official blueprint with which all government agencies must comply
with to attain and maintain ambient air quality standards.

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 QUIZ

6. RA 8749 shall take effect ____ days from the date of its publication.
7. An amount of _____ shall be appropriated for the initial implementation of
RA 8749.
8. Give at least one (1) government office that is involved in the
improvement of fuel composition for increased efficiency and reduced
emissions.
9. Burning of municipal, bio-medical and hazardous wastes, which process
emits poisonous and toxic fumes.
10. Areas where specific pollutants have already exceeded ambient
standards.
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