Question & AnswerQ&A (Republic Act No. 8749)
The short title of Republic Act No. 8749 is the "Philippine Clean Air Act of 1999."
The Act recognizes the principle that "polluters must pay." This means those who cause pollution are responsible for the costs of managing it.
The rights include the right to breathe clean air; right to sustainable use of natural resources; right to participate in environmental policies; right to information on environmental hazards; right of access to public records; right to bring action against violations; and right to seek compensation for damages.
An air pollutant is any matter in the atmosphere other than oxygen, nitrogen, water vapor, carbon dioxide, and inert gases in their natural concentrations that is detrimental to health or the environment, including smoke, dust, gases, fumes, chemical mists, and radioactive substances.
The DENR is the lead agency responsible for implementing and enforcing the Act, including establishing air quality standards, issuing permits, monitoring air quality, and managing the Air Quality Management Fund.
Airsheds are designated areas with similar climate, meteorology and topology affecting pollution dispersion. Management and coordinated action plans are formulated per airshed to improve air quality.
The Act prohibits incineration of municipal, bio-medical and hazardous wastes that emit poisonous and toxic fumes, except for traditional small-scale sanitation, cultural, agricultural, and crematoria uses. Existing biomedical waste incinerators must be phased out within three years.
The Pollution Adjudication Board may impose fines up to P100,000 per day of violation, order closures or suspensions, with permanent closure after the third offense. Fines increase by 10% every three years for inflation adjustment.
The Department, with DOTC, sets emission limits for light duty, light commercial, and heavy duty vehicles based on international standards, effective by 2003. Testing and maintenance programs are mandated to ensure compliance.
DOTC can inspect and monitor emissions, prohibit vehicle use in certain areas, authorize private testing centers, and implement roadside emission inspection and maintenance programs.
It is a system for the DENR and DOTC to impose and collect regular emission fees from industrial and motor vehicle sources respectively, encouraging pollution abatement, based on volume and toxicity of pollutants emitted.
Any citizen may file civil, criminal, or administrative actions against violators of the Act or officials neglecting their duties, after a 30-day notice period, without payment of filing fees or injunction bonds, to enforce the provisions of the Act.
LGUs are responsible for managing and maintaining air quality within their jurisdictions, implementing standards, preparing action plans, enforcing regulations, and promoting public education and ecological waste management.
It finances government operations for containment, clean-up, environmental rehabilitation, research, enforcement, monitoring, and technical assistance related to air pollution management.
Unleaded premium gasoline must have an AKI of at least 87.5 and Reid vapor pressure no more than 9 psi. Aromatics and benzene content must be reduced to specified levels by 2003. Automotive diesel sulfur content must not exceed 0.20% by weight within 18 months, reducing to 0.05% by 2004.