Philippine Clean Air Act of 1999

Philippine Clean Air Act of 1999

An act that aims to protect and advance the right of the people to a balanced and healthful ecology by promoting and protecting the global environment and recognizing the responsibility of cleaning the habitat and environment.

Polluters must pay

The principle that holds polluters accountable for the environmental damage they cause and requires them to bear the costs of cleaning up and rehabilitating the affected areas.

Sustainable development

The policy pursued by the State to balance development and environmental protection, focusing on pollution prevention rather than control, and promoting public information and education.

Right to breathe clean air

The recognized right of citizens to have access to clean and healthy air for their well-being and health.

Ambient air quality

The general amount of pollution present in a broad area, referring to the average purity of the atmosphere as distinguished from discharge measurements taken at the source of pollution.

Air pollutant

Any matter found in the atmosphere, other than oxygen, nitrogen, water vapor, carbon dioxide, and inert gases, that is detrimental to health or the environment, including smoke, dust, gases, and chemical substances.

Air pollution

Any alteration of the physical, chemical, and biological properties of the atmospheric air, or any discharge of substances that render the air harmful, detrimental, or injurious to public health, safety, or welfare, or adversely affect its utilization for various purposes.

Emission

Any air contaminant, pollutant, gas stream, or unwanted sound from a known source that is released into the atmosphere.

Greenhouse gases

Gases that can potentially induce global warming, including carbon dioxide, methane, and chlorofluorocarbons.

Hazardous substances

Substances that present short-term acute hazards or long-term toxicity upon repeated exposure, posing risks to human health and the environment.

Motor vehicle

Any vehicle propelled by a gasoline or diesel engine or any means other than human or animal power, used for the conveyance of persons or transportation of property on public highways or streets.

Stationary source

Any building, immobile structure, facility, or installation that emits or may emit any air pollutant.

Air Quality Monitoring and Information Network

The system established by the Department of Environment and Natural Resources to collect, store, retrieve, and exchange data and information related to air quality.

Integrated Air Quality Improvement Framework

The comprehensive program formulated and implemented by the Department, in collaboration with various stakeholders, to manage and control air pollution, including emission reduction goals, control strategies, and environmental education.

Air Quality Control Action Plan

The plan formulated and implemented by the Department, with public participation, to enforce emission limitations, establish monitoring systems, regulate stationary sources, and implement control measures for the effective control and abatement of air pollution.

Integrated Air Quality Improvement Framework

A plan developed by local government units (LGUs) with the assistance of the Department to achieve and maintain ambient air quality standards within their respective airsheds.

Action Plan

A plan prepared by LGUs in coordination with the Department to carry out the Integrated Air Quality Improvement Framework and enforce air quality standards.

Multi-sectoral Monitoring Team

A team convened by the Department for each LGU to conduct periodic inspections of air pollution sources and assess compliance with emission limitations.

Airsheds

Designated areas based on similar climate, meteorology, and topology that affect the interchange and diffusion of pollutants in the atmosphere or areas with common interests or development programs.

Governing Board

A board headed by the Secretary of the Department of Environment and Natural Resources and composed of provincial governors, city/municipal mayors, representatives from government agencies, people's organizations, non-government organizations, and the private sector. The board formulates policies, prepares a common action plan, coordinates functions, and submits an annual Air Quality Status Report.

Non-attainment Areas

Areas where specific pollutants have exceeded ambient standards. The Department designates these areas and implements programs to prohibit new sources of exceeded air pollutants without corresponding reductions in existing resources.

Air Quality Control Techniques

Methods and technologies for preventing, managing, and controlling air pollution. The Department issues information on these techniques, including best available technology, alternative methods, and alternative fuels/processes.

Ambient Air Quality Guideline Values and Standards

Standards set by the Department, in coordination with other agencies, to protect health, safety, and general welfare. These standards are based on the latest scientific knowledge and may include limits for criteria pollutants and source-specific air pollutants.

Emission Charge System

A system designed by the Department (for industrial dischargers) and the Department of Transportation and Communication (for motor vehicle dischargers) to impose regular emission fees based on volume and toxicity of emitted pollutants. Industries installing pollution control devices may be entitled to tax incentives.

Air Quality Management Fund

A fund administered by the Department to finance containment, removal, and clean-up operations, restoration of ecosystems, research, enforcement, monitoring activities, and technical assistance related to air pollution. The fund is sourced from fines, damages, licenses, permits, emission fees, and donations.

Air Pollution Research and Development Program

A program established by the Department, in coordination with other agencies, to conduct research and develop methods for preventing and controlling air pollution. The program considers socio-cultural, political, and economic implications of air quality management.

Permits

Authority granted by the Department to regulate and control air pollution. Permits cover emission limitations for regulated air pollutants and serve as management tools for LGUs in developing their action plans.

Emission Quotas

Allowance of emission quotas to pollution sources within a designated regional industrial center that qualifies under an environmental impact assessment system programmatic compliance program.

Financial Liability for Environmental Rehabilitation

Requirement for program and project proponents to provide financial guarantee mechanisms to finance emergency response, clean-up, and rehabilitation of areas damaged during program or project implementation. Liability for damages continues even after program or project termination.

Emission Standards

Standards set by the Department to regulate the acceptable level of pollutants emitted from stationary sources of air pollution.

Mass Rate of Emission

The measurement of the amount of pollutants emitted per unit of time from a stationary source.

Stationary Source

Any trade, industry, process, or fuel-burning equipment that emits air pollutants.

Maximum Permissible Limits

The maximum concentration of pollutants allowed at the point of emission from a stationary source.

Method of Analysis

The specific technique or procedure used to measure the concentration of pollutants in the emissions.

Hydrofluoric Acids and Fluoride compounds

Pollutants emitted from any source other than the manufacture of Aluminum from Alumina, with a maximum permissible limit of 50 mg/Ncm.

Hydrogen Sulfide

Pollutant emitted from geothermal power plants, geothermal exploration and well-testing, and other sources, with a maximum permissible limit of 7 mg/Ncm.

Lead

Pollutant emitted from any trade, industry, or process, with a maximum permissible limit of 10 mg/Ncm.

Mercury

Pollutant emitted from any source, with a maximum permissible limit of 5 mg/Ncm.

Nickel and its compounds, except Nickel Carbonyl

Pollutant emitted from any source, with a maximum permissible limit of 20 mg/Ncm.

NOx

Pollutant emitted from the manufacture of Nitric Acid, fuel burning steam generators, and other sources, with varying maximum permissible limits depending on the source.

Phosphorus Pentoxide

Pollutant emitted from any source, with a maximum permissible limit of 200 mg/Ncm.

Zinc and its Compounds

Pollutant emitted from any source, with a maximum permissible limit of 100 mg/Ncm.

Atomic Absorption Spectrophometry

Method of analysis using atomic absorption spectrophotometry to measure the concentration of pollutants in emissions.

Provisional Guideline

A temporary guideline that may be subject to change or revision.

Other Stationary Sources

Trade, process, industrial plant, or fuel burning equipment other than thermal power plants, industrial boilers, cement plants, incinerators, and smelting furnaces.

Sulfur Oxides

Pollutants emitted from the manufacture of Sulfuric Acid and Sulf(on)ation Process, fuel burning equipment, and other stationary sources, with varying maximum limits depending on the source.

Total Dust

The average concentration of particulate matter in the exhaust gas of stationary sources, with a maximum permissible limit of 10 mg/m3 for daily average values.

Gaseous and Vaporous Organic Substances

The average concentration of organic carbon in the exhaust gas of stationary sources, with a maximum permissible limit of 10 mg/m3 for daily average values.

Pollution from Motor Vehicles

Regulations and standards set by the DOTC to control and manage air pollution from motor vehicles.

Light Duty Vehicles

Motor vehicles with lower weight and smaller engines, subject to specific exhaust emission limits for gaseous pollutants.

Light Commercial Vehicles

Motor vehicles with higher weight and larger engines, subject to specific exhaust emission limits for gaseous pollutants.

Heavy Duty Vehicles

Motor vehicles with heavy weight and large engines, subject to specific exhaust emission limits for gaseous pollutants.

Fuel Evaporative Emission

The emission of hydrocarbons from the fuel system of spark-ignition engines, with a maximum permissible limit of 2.0 grams per test.

Inspection and Monitoring

The process of examining and assessing the emissions of motor vehicles to ensure compliance with emission standards.

Prohibition or Enjoinment

The authority to restrict or prohibit the use of motor vehicles in certain areas or at specific times to control air pollution.

Private Testing Emission Testing Centers

Accredited centers authorized by the DOTC to conduct emission testing of motor vehicles.

National Motor Vehicle Inspection and Maintenance Program

A program formulated and implemented by the Department of Trade and Industry (DTI), Department of Transportation and Communications (DOTC), and the Department to promote efficient and safe operation of motor vehicles and ensure the reduction of emissions.

Certification of Training Institutions, Instructors, and Facilities

Standards and procedures developed and implemented by the DTI for the certification of training institutions, instructors, and facilities involved in testing, servicing, repair, and adjustment of vehicle emission systems.

Licensing of Qualified Private Service Centers and Technicians

Regulations requiring the licensing of qualified private service centers and their technicians as a prerequisite for performing testing, servicing, repair, and adjustment of vehicle emission systems.

Disclosure of Odometer Readings

Regulations requiring the disclosure of odometer readings for all motor vehicles to ensure accurate mileage information.

Use of Tamper-Resistant Odometers

Regulations requiring the use of tamper-resistant odometers for all motor vehicles to prevent tampering with mileage readings.

Emission Standards for Motor Vehicles

Standards set by the Department for the emission levels of motor vehicles, which must be complied with for vehicle registration.

Certificate of Conformity (COC)

A certificate issued by the Department to certify that an imported new motor vehicle complies with the emission standards set by the Act.

Registration of Imported Used or Rebuilt Motor Vehicles

Imported used or rebuilt motor vehicles must comply with emission standards to be registered.

Modification or Rebuilding of Non-Compliant Vehicles

Importers or consignees of non-compliant vehicles may be allowed to modify or rebuild the vehicular engine to comply with emission standards.

Emission Testing Requirement

No motor vehicle registration shall be issued unless the vehicle passes the emission testing requirement conducted by the DOTC or its authorized inspection centers.

Useful Life of Vehicles and Engines

The DTI shall prescribe regulations specifying the useful life of vehicles and engines to ensure their conformity to emission standards.

Smoking Prohibition

Smoking inside public buildings, enclosed public places, public vehicles, and other means of transport, or in any enclosed area outside of private residences, private places of work, or designated smoking areas is prohibited under the Act.

Regulation of Mobile Sources Other Than Motor Vehicles

The Department, in coordination with appropriate agencies, shall establish standards for all mobile sources other than motor vehicles and impose fines and penalties for violations of emission standards.

Fuel and Fuel-Related Products Specifications

The Department of Energy, in consultation with other agencies and stakeholders, shall set specifications for all types of fuel and fuel-related products to improve fuel composition for increased efficiency and reduced emissions.

Additives in Fuels and Fuel-Related Products

The Department of Energy shall specify the allowable content of additives in fuels and fuel-related products based on health and research studies and may limit or phase out additives as necessary.

Prohibition on Leaded Gasoline

The Act prohibits the manufacture, import, sale, and use of leaded gasoline and engines/components requiring leaded gasoline.

Regulation of Fuels and Fuel Additives

The Department of Energy, in coordination with the Department and the Bureau of Product Standards, shall regulate the use of fuels and fuel additives, requiring registration and relevant information from manufacturers, processors, or traders.

Misfueling Prohibition

It is prohibited to introduce leaded gasoline into any motor vehicle labeled "unleaded gasoline only" to prevent the disabling of emission control devices.

Phase-Out of Ozone-Depleting Substances

The Department shall phase out ozone-depleting substances in accordance with international agreements and protocols.

Monitoring of Greenhouse Gases

The Philippine Atmospheric, Geophysical and Astronomical Service Administration (PAGASA) shall monitor meteorological factors affecting environmental conditions, including greenhouse gases, and coordinate with the Department for air pollution monitoring and standard-setting activities.

Reduction and Elimination of Persistent Organic Pollutants

The Department shall establish an inventory list of sources of Persistent Organic Pollutants (POPs) and develop national programs for their reduction and elimination.

Regulation of Radioactive Emissions

Projects involving the use of atomic and/or nuclear energy and the release of radioactive substances shall be regulated by the Philippine Nuclear Research Institute (PNRI) in coordination with the Department and other relevant agencies.

Lead Agency

The Department is the primary government agency responsible for the implementation and enforcement of the Act.

Role of Local Government Units

Local Government Units (LGUs) share the responsibility in managing and maintaining air quality within their jurisdiction and shall implement air quality standards set by the Board.

Environmental and Natural Resources Office

An office may be established in every province, city, or municipality to prepare air quality management programs, provide technical assistance, and coordinate efforts for air quality protection and rehabilitation.

Record-keeping, Inspection, Monitoring, and

Relevant Records

Documents and information that need to be established and maintained in accordance with the requirements of the Department.

Relevant Reports

Reports that need to be made in accordance with the regulations set by the Department.

Monitoring Equipment or Methods

Equipment or methods that need to be installed, used, and maintained to monitor emissions.

Emission Sampling

The process of collecting samples of emissions in accordance with the prescribed methods, locations, intervals, and manner set by the Department.

Indirect Data

Records on control equipment parameters, production variables, or other data that are kept when direct monitoring of emissions is not feasible.

Other Information

Additional information that the Department may reasonably require from entities.

Right of Entry or Access

The Department's authorized representatives have the right to enter or access any premises, including documents and relevant materials.

Inspection

The Department has the authority to inspect pollution or waste sources, control devices, monitoring equipment, or methods required.

Emission Testing

The Department has the right to test emissions.

Public Availability of Records

Records, reports, or information obtained under this section shall be made available to the public, unless it would divulge secret methods or processes entitled to protection as intellectual property.

Public Education and Information Campaign

A campaign to provide air quality information and education, involving various government agencies, private entities, and organizations.

Administrative Action

The Department can initiate administrative proceedings against any person who violates the standards or limitations provided under this Act or any order, rule, or regulation issued by the Department.

Citizen Suits

Citizens have the right to file civil, criminal, or administrative actions against violators of this Act or its implementing rules and regulations, including the Department or other implementing agencies.

Independence of Action

Filing an administrative suit does not prevent others from filing criminal or civil actions.

Suits Against Public Participation

Legal actions brought against individuals or entities who filed actions or implemented this Act can be dismissed if found to be filed to harass, vex, or stifle the legal recourses of the complainant.

Lien Upon Properties of Violators

Fines and penalties imposed under this Act become liens on personal or immovable properties of the violator.

Violation of Standards for Stationary Sources

Fines, closure, and suspension of development, construction, or operations can be imposed for actual exceedance of pollution or air quality standards by stationary sources.

Violation of Standards for Motor Vehicles

Motor vehicles must meet emission standards, and violations can result in fines, suspension of motor vehicle registration, and mandatory repairs.