Law Summary
Recognition of Citizens' Rights
- Right to breathe clean air and enjoy natural resources sustainably.
- Right to participate in environmental policy formulation and decision-making.
- Right to be informed about hazards and pollution incidents.
- Right of access to public environmental records.
- Right to enforce environmental laws through court actions for injunction, clean-up, penalties, and compensation.
Key Definitions
- Air pollutant and air pollution defined broadly to include multiple forms of harmful substances.
- Key terms such as ambient air quality, emissions, stationary and mobile sources, hazardous substances, greenhouse gases, ozone depleting substances, and persistent organic pollutants are articulated.
Air Quality Monitoring and Management
- The Department of Environment and Natural Resources (DENR) to prepare annual National Air Quality Status Reports.
- Establishment of Integrated Air Quality Improvement Framework with multi-sector participation.
- LGUs required to participate and implement area-based air quality action plans.
- Designation of airsheds for coordinated air quality management with Governing Boards including various government and private sector representatives.
- Identification and management of nonattainment areas with programs to reduce pollution and protect public health.
Air Quality Control Techniques and Standards
- DENR to publish best control technologies and periodically revise air quality standards based on international guidelines including WHO.
- Strict National Ambient Air Quality Guidelines for criteria pollutants and source-specific pollutants are set.
- Emission charge systems applied for industrial and vehicle pollution with incentives for adopting pollution control technology.
Air Pollution Clearances and Permits
- DENR authorized to issue permits with emission limitations for stationary sources.
- Possible allocation of emission quotas in certain airsheds.
- Financial liability requirements for project proponents to cover environmental rehabilitation and emergency response.
Regulation of Pollution from Stationary Sources
- Regular review and update of emission standards for stationary sources.
- Specific pollutant limits named for heavy metals, gases, particulate matter, and more.
- Ban on incineration of municipal, biomedical, and hazardous wastes, with exceptions and phase-out provisions.
Pollution Control for Motor Vehicles
- Department of Transportation and Communications (DOTC) implements vehicle emission standards.
- Periodic updates to emission standards, mandatory emission testing, and motor vehicle inspection and maintenance programs.
- Requirement for new or imported vehicles to have certificates of conformity before registration.
- Regulations on second-hand engines to meet emission standards.
Control of Other Pollutants
- Smoking prohibited in enclosed public places.
- Standards to be set for other mobile pollution sources.
- Phase-out of ozone-depleting substances consistent with international obligations.
- Monitoring and national programs on greenhouse gases, persistent organic pollutants, and radioactive emissions are mandatory.
Institutional Mechanisms and Responsibilities
- DENR as lead agency with Environmental Management Bureau elevated to a line bureau.
- Coordination with other government agencies, NGOs, and private sector.
- Local government units share responsibility and receive technical assistance.
- Establishment of Environment and Natural Resources Offices at various local levels.
- Powers granted to DENR for inspections, monitoring, and public disclosure of pollution data.
- Extensive public education and information campaigns mandated.
Enforcement and Citizen Participation
- Administrative proceedings and citizen suits enabled for enforcement of air quality laws.
- Protection against suits filed to harass environmental advocates, with possible dismissal and damages awarded.
- Fines and penalties become liens on violators' properties.
Penalties for Violations
- For stationary source violations, fines up to P100,000 per day plus possible closure orders.
- For motor vehicle violations, fines escalate with repeated offenses and may include suspension of registration.
- Penalties for other violations include fines and imprisonment.
- Gross violations entail criminal charges with substantial penalties including imprisonment.
Funding and Support Measures
- Air Quality Management Fund established to finance pollution containment, clean-up, and rehabilitation.
- Research and development programs prioritized for pollution control advancements.
- Financial incentives for industries adopting pollution control technologies.
- Labor Department tasked to assist workers affected by environmental compliance through retraining and relocation programs.
Final Provisions
- Appropriations allocated to various government departments for implementation.
- Mandatory promulgation and periodic review of implementing rules and regulations.
- Annual reporting to Congress on pollution control progress.
- Creation of a joint congressional oversight committee to monitor implementation.
- Repeal or modification of inconsistent laws and provisions.
- Effectivity triggered by publication in official and widely circulated newspapers.