Philippine Clean Air Act of 1999

Declaration of principles and policies

The State protects and advances the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature (Section 2).
The State promotes and protects the global environment to attain sustainable development, while recognizing the primary responsibility of local government units (LGUs) to deal with environmental problems (Section 2).
The State recognizes that the responsibility of cleaning the habitat and environment is primarily area-based (Section 2).
The State recognizes the principle that “polluters must pay” (Section 2).
The State recognizes that a clean and healthy environment is for the good of all and should be the concern of all (Section 2).
The State pursues a policy of balancing development and environmental protection through a framework for sustainable development (Section 3).
The State’s policy framework includes: formulating a holistic national program for air pollution management; encouraging cooperation and self-regulation through market-based instruments; focusing primarily on pollution prevention rather than control; promoting public information and education with participation in planning and monitoring; and enforcing accountability for short- and long-term adverse impacts, including funding/guarantee mechanisms for cleanup and rehabilitation and compensation for personal damages (Section 3).
The Act seeks to recognize and guarantee specified citizen rights, including clean air, informed participation, access to public records, and judicial or quasi-judicial actions to enjoin violations and seek sanctions and compensation (Section 4).

Citizen rights and key definitions

Citizens have the right to breathe clean air (Section 4).
Citizens have the right to participate in environmental policy formulation, planning, implementation, monitoring, and in decision-making affecting public health and the environment (Section 4).
Citizens have the right to be informed of the nature and extent of potential hazard of activities or projects and to receive timely notice of any significant rise in pollution and any accidental or deliberate release of harmful or hazardous substances (Section 4).
Citizens have the right of access to public records needed to exercise rights under the Act (Section 4).
Citizens may bring action in court or quasi-judicial bodies to enjoin activities violating environmental laws and regulations, to compel rehabilitation and cleanup, and to seek penal sanctions against violators (Section 4).
Citizens may bring court action for compensation of personal damages from adverse environmental and public health impacts (Section 4).
“Air pollutant” means any matter in the atmosphere (other than oxygen, nitrogen, water vapor, carbon dioxide, and inert gases in natural/normal concentrations) that is detrimental to health or the environment, including smoke, dust, soot, cinders, fly ash, solid particles, gases, fumes, chemical mists, steam, and radioactive substances (Section 5).
“Air pollution” means alteration of atmospheric air’s physical, chemical, and biological properties, or any discharge to the atmosphere of liquid, gaseous, or solid substances that will or is likely to render air harmful to public health, safety, or welfare or adversely affect legitimate use (Section 5).
“Ambient air quality guideline values” are concentration goals for protection of health and/or public welfare classified as short-term and long-term, used for air quality management and positive action to prevent, control, or abate air pollution (Section 5).
“Certificate of Conformity” is a certificate issued by the Department of Environment and Natural Resources (DENR) certifying that a particular new vehicle or vehicle type meets requirements under the Act (Section 5).
“Department” means the Department of Environment and Natural Resources (Section 5).
“Emission” is any air contaminant, pollutant, gas stream or unwanted sound from a known source passed into the atmosphere (Section 5).
“Hazardous substances” cover short-term acute hazards and long-term toxicity, carcinogenicity, resistance to detoxification, and the potential to pollute waters (Section 5).
“Greenhouse gases” are gases that induce global warming, including carbon dioxide, methane, oxides of nitrogen, chlorofluorocarbons, and the like (Section 5).
“Mobile source” means any vehicle propelled by or through combustion of carbon-based or other fuel, constructed and operated principally for conveying persons or transporting property/goods (Section 5).
“Motor vehicle” means any vehicle propelled by a gasoline or diesel engine or other means than human/animal power, constructed and operated principally for conveying persons or transporting property/goods in public highways or streets open to public use (Section 5).
“Ozone Depleting Substances (ODS)” are substances that significantly deplete or modify the ozone layer, including chlorofluorocarbons, halons, and the like (Section 5).
“Persistent Organic Pollutants (POPs)” are organic compounds that persist, bioaccumulate, and pose risk of adverse effects; includes dioxin, furan, PCBs, and organochlorine pesticides listed in the Act (Section 5).
“Pollution control device” and “pollution control technology” define devices/technologies used to prevent, control, or abate pollution and effectively prevent or reduce emissions (Section 5).
“Standard of performance” is an emissions limitation standard reflecting best system of emission reduction, considering cost and non-air quality health/environment impact and energy requirements determined and demonstrated by the Department (Section 5).
“Stationary source” means any building or immobile structure, facility, or installation that emits or may emit any air pollutant (Section 5).

Air quality management framework

The Department shall prepare an annual National Air Quality Status Report, used as basis in formulating the Integrated Air Quality Improvement Framework under Section 7 (Section 6).
The annual report must include extent of pollution by pollutant and source, analysis and evaluation of current state and trends/projections, identification of critical areas and activities needing closer monitoring, recommendations for executive and legislative action, and other qualitative/quantitative information including industry air quality performance rating (Section 6).
In cooperation with the National Statistical Coordination Board (NSCB), the Department shall design and develop an information network for data storage, retrieval, and exchange (Section 6).
The Department serves as the central depository of all air quality data and information (Section 6).
Within six (6) months after effectivity, the Department shall establish the Integrated Air Quality Improvement Framework through participation of LGUs, NGOs, POs, the academe, and private sector entities, and it must include emission reduction goals, permissible standards, control strategies/measures, and use of economic incentives, management strategies, collective action, and environmental education/information (Section 7).
The Integrated Air Quality Improvement Framework is adopted as the official blueprint that all government agencies must comply with to attain and maintain ambient air quality standards (Section 7).
Within six (6) months after the formulation of the framework, the Department shall formulate and implement an air quality control action plan consistent with Section 7, with public participation, and it must include enforceable emission limitations and other control measures with compliance schedules/timetables (Section 8).
The action plan must provide for establishment/operation of devices, methods, and systems to monitor/compile/analyze ambient air quality data (Section 8).
The action plan must include enforcement provisions, regulation of modification and construction of stationary sources in covered areas consistent with land use policy, and provisions prohibiting sources that significantly contribute to non-attainment or interfere with maintaining ambient air quality standards and protecting visibility (Section 8).
The action plan must designate airsheds and include all other measures necessary for effective control and abatement, clarifying legal effects on financial/manpower/budgetary resources and alignment of programs of affected agencies (Section 8).
The action plan must use a participatory approach, considering involvement of private entities in monitoring/testing emissions from mobile and/or stationary sources (Section 8).
LGUs must prepare and develop an action plan consistent with the Integrated Air Quality Improvement Framework for their respective airsheds, develop and submit procedures for carrying out their plan, while the Department independently inspects and may supervise the plan until LGUs assume enforcement (Section 8).
The Department must convene, for each LGU, a multi-sectoral monitoring team with broad public representation for periodic inspections of pollution sources to assess compliance with emission limitations in permits (Section 8).

Airsheds, nonattainment areas, and planning governance

Airsheds are designated on the basis of, among others, areas with similar climate, meteorology, and topology affecting pollutant interchange/diffusion, or areas sharing common interest or facing similar development programs/problems (Section 9).
For each airshed, planning and coordination must be established and a common action plan formulated (Section 9).
A Governing Board is created for each airshed, with the Secretary of the DENR as chairman (Section 9).
Board membership includes: provincial governors from airshed areas; city/municipal mayors from airshed areas; a representative from each concerned government agency; representatives from people’s organizations; representatives from non-government organizations; and representatives from the private sector (Section 9).
The Board formulates policies, prepares a common action plan, coordinates functions among its members, and submits/publicizes an annual Air Quality Status Report for each airshed (Section 9).
The Department shall revise airshed designations from time to time using eco-profiling techniques and scientific studies, upon consultation with appropriate local authorities (Section 9).
Emissions trading may be allowed among pollution sources within an airshed (Section 9).
The Department shall designate nonattainment areas where specific pollutants exceed ambient standards and must prepare and implement a program that prohibits new sources of the exceeded pollutant without corresponding reductions in existing sources (Section 10).
In coordination with other agencies, LGUs must prepare and implement programs and measures including relocation when necessary to protect residents’ health and welfare (Section 10).
For nonattainment areas, the Department, after consultation with local government authorities, NGOs, POs, and concerned sectors, may revise designation and expand coverage to larger areas depending on conditions (Section 10).

Standards, emission control techniques, and monitoring information

The Department shall issue, and from time to time revise, information on air pollution control techniques simultaneous with issuance of guideline values and standards, including best available technology and alternative methods; best economically achievable technology for existing emitters of non-conventional and toxic pollutants; and alternative fuels/processes/operating methods to eliminate or significantly reduce emissions (Section 11).
The information on control techniques may include installation and operating cost, energy requirements, emission reduction benefits, and environmental impact/technology impact (Section 11).
Air quality guideline values, standards, and control techniques information must be made available to the general public; however, publishing control technique information does not require the purchase of certain pollution control devices by the public (Section 11).
The Department shall review/revise/publish annually a list of hazardous air pollutants with corresponding ambient guideline values and/or standards necessary to protect public health and safety and general welfare, with an initial list and values stated in Section 12 (Section 12).
For criteria pollutants, Section 12 provides national ambient guideline values and standards including specified short-term and long-term averaging times and pollutants: TSP, PM-10, sulfur dioxide, nitrogen dioxide, photochemical oxidants (as ozone), carbon monoxide, and lead, with enumerated percentile/mean sampling and averaging notes (Section 12).
For source-specific air pollutants from industrial sources/operations, Section 12 provides concentration and averaging time limits for named pollutants including ammonia, carbon disulfide, chlorine and compounds (as Cl2), formaldehyde, hydrogen chloride, hydrogen sulfide, lead, nitrogen dioxide, phenol, sulfur dioxide, and suspended particulate matter (TSP and PM-10), with prescribed methods/measurement (Section 12).
The Department’s ambient air quality standards must reflect latest scientific knowledge, including variable atmospheric factors, interacting pollutants, and identifiable effects on health/welfare (Section 12).
The Department shall base ambient air quality standards on World Health Organization (WHO) standards and shall not be less stringent than WHO standards (Section 12).

Emission charges, funds, permits, research, and enforcement systems

The Department (for industrial dischargers) and the DOTC (for motor vehicle dischargers) shall impose and collect regular emission fees from dischargers as part of the emission permitting system or vehicle registration renewal system, as applicable (Section 13).
Emission fees must encourage industries and motor vehicles to abate, reduce, or prevent pollution, and fees are based on the volume and toxicity of emitted pollutants among other bases (Section 13).
Industries that install pollution control devices or retrofit existing facilities that reduce pollution are entitled to tax incentives, including tax credits and/or accelerated depreciation deductions (Section 13).
An Air Quality Management Fund is established as a special account in the National Treasury administered by the Department to finance containment, removal, and clean-up operations in air pollution cases, guarantee restoration of ecosystems, rehabilitate areas affected by violators, support research/enforcement/monitoring capabilities, and provide technical assistance; it may also be allocated per airshed (Section 14).
The Fund is sourced from fines imposed and damages awarded to the Republic by the Pollution Adjudication Board (PAB), proceeds of licenses/permits issued by the Department under the Act, emission fees, and donations/endowments/grants in the form of contributions (Section 14).
Contributions to the Fund are exempt from donor taxes and all other taxes, charges, or fees imposed by the Government (Section 14).
The Department shall establish a National Air Pollution Research and Development Program in coordination with DOST, other agencies, private sector, academe, NGOs, and POs, emphasizing improved industry-wide prevention/control methods (Section 15).
The R&D program shall develop air quality guideline values and standards in addition to internationally accepted standards, and it must consider socio-cultural, political, and economic implications of air quality management and pollution control (Section 15).

Stationary source permits, standards, incineration ban

The Department has authority to issue permits necessary for prevention and abatement of air pollution, consistent with the Act (Section 16).
Permits must cover emission limitations for regulated air pollutants to help attain and maintain ambient air quality standards and serve as management tools for LGUs in developing their action plans (Section 16).
The Department may allow each regional industrial center designated as a special airshed to allocate emission quotas to qualifying pollution sources under an environmental impact assessment programmatic compliance program pursuant to Presidential Decree No. 1586 and its implementing rules (Section 17).
For environmental rehabilitation, the Department shall require program and project proponents to put up financial guarantee mechanisms to finance emergency response, clean-up, or rehabilitation of areas damaged during project/program implementation, with liability continuing after termination for damages clearly attributable to the project and for a definite period determined by the Department and incorporated into the environmental compliance certificate (Section 18).
Financial guarantee mechanisms may be trust funds, environmental insurance, surety bonds, letters of credit, and self-insurance (Section 18).
Proponents required to put up guarantee instruments must furnish the Department with evidence of availment of the instruments (Section 18).
Within two (2) years from effectivity and every two (2) years thereafter (or as need arises), the Department shall review or revise and publish emission standards for stationary sources based on mass rate of emission and not less stringent than internationally accepted standards and not less stringent than those set in Section 19 (Section 19).
Section 19 provides concentration at point of emission maximum permissible limits (mg/Ncm) for specified pollutants and applicable source categories, including limits for antimony compounds, arsenic compounds, cadmium compounds, carbon monoxide, copper compounds, hydrofluoric acids/fluoride compounds, hydrogen sulfide (with specific rules for geothermal plants and time-bound compliance references), lead, mercury, nickel compounds (with carbonyl limit), nitrogen oxides (with separate existing/new source rules and fuel burning generator rules), phosphorus pentoxide, zinc compounds, and procedural/method references (Section 19).
For other stationary sources not specifically included, Section 19 provides additional exhaust gas standards including daily/half-hourly average values (total dust, total organic carbon, hydrogen chloride, hydrogen fluoride, SO2, NO and NO2 for incineration capacities) and 4-to-8 hour sample period average values for heavy metals with specified limit values, and mandates that dioxins and furans emissions be reduced by the most progressive techniques with a limit value of 0.1 nanogram/m3 for dioxin/furan average values measured over 6 hours to 8 hours (Section 19).
The Department must prepare a detailed action plan under Section 8 setting emission standards (or standards of performance) for each stationary source, procedures for testing emissions for each pollutant, and procedures for enforcement (Section 19).
Existing industries proven to exceed emission rates may be granted a grace period of eighteen (18) months to establish an environmental management system and install appropriate air pollution control devices, and the Department may grant an additional extension of not more than twelve (12) months on meritorious grounds (Section 19).
Incineration defined as burning municipal, bio-medical, and hazardous wastes that emits poisonous and toxic fumes is prohibited (Section 20).
The prohibition does not apply to traditional small-scale community/neighborhood sanitation “siga,” traditional agricultural, cultural, health, and food preparation, and crematoria (Section 20).
Existing incinerators dealing with bio-medical wastes must be phased out within three (3) years after effectivity (Section 20).
During the interim period, such units are limited to burning pathological and infectious wastes and are subject to close monitoring by the Department (Section 20).
LGUs must promote, encourage, and implement comprehensive ecological waste management including waste segregation, recycling, and composting (Section 20).
With due concern on climate change, the Department must promote state-of-the-art, environmentally-sound and safe non-burn technologies for handling, treatment, thermal destruction, utilization, and disposal of sorted, unrecycled, uncomposted municipal, bio-medical, and hazardous wastes (Section 20).

Motor vehicle pollution controls

The DOTC shall implement motor vehicle emission standards set pursuant to the Act (Section 21).
The Department shall review, revise, and publish motor vehicle standards every two (2) years, or as needed, to further improve emission standards (Section 21).
The Department must consider maximum limits for major pollutants to ensure substantial improvement in air quality for the health, safety, and welfare of the general public (Section 21).
Type approval emission standards for light duty vehicles, light commercial vehicles, and heavy duty vehicles are effective by the year 2003, with specified CO, HC + NOx, and PM limits and reference to applicable directives and test qualifiers (Section 21).
Fuel evaporative emission for spark-ignition engines must not exceed 2.0 grams hydrocarbons per test, and no emission of gases from crankcase ventilation systems into the atmosphere is allowed (Section 21).
The Department, in collaboration with DOTC, DTI, and LGUs, must develop an action plan for control and management of motor vehicle air pollution consistent with the Integrated Air Quality Framework (Section 21).
DOTC enforces motor vehicle emission standards set by the Department and may deputize other law enforcement agencies and LGUs for enforcement (Section 21).
DOTC has power to inspect and monitor motor vehicle emissions, prohibit or enjoin the use of motor vehicles or classes of motor vehicles in specified areas/streets at specified times, and authorize private emission testing centers duly accredited by the DTI (Section 21).
DOTC, with DTI and the Department, must establish procedures for inspection and testing of motor vehicles to determine concentration and/or rate of emission of pollutants (Section 21).
DTI, together with DOTC and the Department, must formulate and implement a national motor vehicle inspection and maintenance program, including development/implementation of standards and procedures for certification of training institutions/instructors/facilities and licensing of qualified private service centers and technicians as prerequisites for performing testing, servicing, repair, and required adjustment to the vehicle emission system (Section 21).
DTI must require disclosure of odometer readings and use of tamper-resistant odometers for all motor vehicles, including tamper-resistant fuel management systems, for effective implementation of the inspection and maintenance program (Section 21).
Imported new or locally assembled new motor vehicles must not be registered unless they comply with emission standards evidenced by a Certificate of Conformity issued by the Department (Section 22).
Imported new motor vehicle engines must not be introduced into commerce, sold, or used unless they comply with emission standards (Section 22).
Imported used motor vehicles or rebuilt motor vehicles using new/used engines or major parts/components must not be registered unless they comply with emission standards (Section 22).
If the importer/consignee is non-compliant, the importer/consignee may be allowed to modify or rebuild to comply with applicable emission standards (Section 22).
No motor vehicle registration shall be issued unless the motor vehicle passes an emission testing requirement conducted by DOTC or authorized inspection centers within sixty (60) days prior to registration (Section 22).
DTI must promulgate regulations prescribing useful life of vehicles and engines, including devices to ensure emissions conformity, including durability provisions for emission devices (Section 22).
Imported second-hand motor vehicle engines must not be introduced into commerce, sold, or used unless they comply with emission standards (Section 23).

Other sources: smoking and other mobile sources

Smoking inside a public building or enclosed public place, including public vehicles and other transport, or in any enclosed area outside one’s private residence, private place of work, or a duly designated smoking area is prohibited and implemented by LGUs (Section 24).
The Department, in coordination with appropriate agencies, must formulate and establish standards for all mobile sources other than those under Section 21, and fines/penalties for violations fall under DOTC jurisdiction (Section 25).

Fuels, additives, misfueling, and leaded gasoline phase-out

The DOE, co-chaired by DENR, in consultation with BPS of the DTI, DOST, fuel and automotive industries, academe, and consumers, shall set specifications for all types of fuel and fuel-related products to improve fuel composition for increased efficiency and reduced emissions, and BPS must adopt these specifications as Philippine National Standards (PNS) (Section 26).
DOE must specify allowable content of additives based primarily on threshold levels of health and research studies, and DOE must limit/additionally phase-out additives as necessary (Section 26).
The Act mandates fuel standards and phase-in/phase-out rules measured from effectivity:
- Within eighteen (18) months from effectivity, no person shall manufacture, import, sell, supply, offer for sale, dispense, transport, or introduce into commerce unleaded premium gasoline with AKI not less than 87.5 and Reid vapor pressure not more than 9 psi (Section 26).
- Within six (6) months from effectivity, unleaded gasoline shall contain aromatics not to exceed forty-five percent (45%) by volume and benzene not to exceed four percent (4%) by volume; by 2003, aromatics must not exceed thirty-five percent (35%) by volume and benzene not exceed two percent (2%) by volume (Section 26).
- Within eighteen (18) months from effectivity, no person shall manufacture/import/sell/supply/offer/dispense/transport/introduce automotive diesel fuel containing sulfur in excess of 0.20% by weight with a cetane number or index not less than forty-eight (48); by 2004, sulfur must be 0.05% by weight (Section 26).
- Within eighteen (18) months from effectivity, no person shall manufacture/import/sell/supply/offer/dispense/transport/introduce industrial diesel fuel containing sulfur in excess of 0.30% by weight (Section 26).
Specifications of unleaded gasoline and automotive/industrial diesel fuels must be reviewed and revised every two (2) years or as needed for further improvement (Section 26).
The specified fuels must be commercially available and serve as reference fuels for emission and testing procedures established under the Act (Section 26).
Proposed additives must not increase emissions of regulated gases including carbon monoxide, hydrocarbons, oxides of nitrogen, and particulate matter; the Department approves and certifies additives consistent with this restriction (Section 26).
No person may import, sell, offer for sale, or introduce into commerce any fuel or fuel additive unless it is registered with DOE (Section 27).
To register, manufacturers/processors/traders must provide: product identity and composition for health effects assessment; analytical technique to detect/measure additive; recommended concentration range; and purpose of use of the fuel/additive (Section 27).
Misfueling is prohibited: no person shall introduce or cause/allow the introduction of leaded gasoline into any motor vehicle equipped with a gasoline tank filler inlet labeled “unleaded gasoline only” (Section 28).
The misfueling prohibition also applies to anyone who knows or should know that the vehicle is designed solely for unleaded gasoline (Section 28).
Leaded gasoline and engines and/or components requiring leaded gasoline are prohibited from manufacture/import/sale/offer for sale/introduction into commerce/conveyance/disposal effective not later than eighteen (18) months after enactment (Section 29).
For existing vehicles, DTI must formulate standards and procedures allowing non-conforming engines to comply with unleaded fuel within five (5) years after effectivity (Section 29).

Regulation of other pollutants and climate-linked monitoring

The Department shall phase out ozone-depleting substances consistent with the Montreal Protocol and other international agreements/protocols to which the Philippines is a signatory (Section 30).
Within sixty (60) days from enactment, the Department must publish a list of ozone-depleting substances known to cause harmful effects on the stratospheric ozone layer (Section 30).
PAGASA must regularly monitor meteorological factors affecting environmental conditions including ozone depletion and greenhouse gases and coordinate with the Department to guide air pollution monitoring and standard-setting (Section 31).
The Department, with concerned agencies and LGUs, must prepare and fully implement a national plan consistent with the United Nations Framework Convention on Climate Change and other international agreements/protocols on reduction of greenhouse gas emissions (**Section 31