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Clean Air Act Republic Act 8749 Reporters: Glenn Mark Dacayanan Carlo Tristan Canta Governing Laws Republic Act 8749 also known as the “Philippine Clean Air Act” Enacted on June 23, 1990; Based on the principle that a clean and healthy environment is for the good of all and should therefore be concern of all Declaration of Policy Sec 2. Formulate a holistic national program of air pollution management that shall be implemented by the government through proper delegation and effective coordination of functions and activities; Encourage cooperation and self-regulation among citizens and industries through the application of market-based instruments; Focus primarily on pollution prevention rather than on control and provide for a comprehensive management program for air pollution; Declaration of Policy Sec. 2 Promote public information and education to encourage the participation of an informed and active public in air quality planning and monitoring; and Formulate and enforce a system of accountability for short and long-term adverse environmental impact of a project, program or activity. This shall include the setting up of a funding or guarantee mechanism for clean-up and environmental rehabilitation and compensation for personal damages. Recognition of Rights Sec 3. The right to breathe clean air; The right to utilize and enjoy all natural resources according to the principle of sustainable development; The right to participate in the formulation, planning, implementation and monitoring of environmental policies and programs and in the decision making process; The right to participate in the decision-making process concerning development policies, plans and programs projects or activities that may have adverse impact on the environment and public health; Recognition of Rights The right to be informed of the nature and extent of the potential hazard of any activity, undertaking or project and to be served timely notice of any significant rise in the level of pollution and the accidental or deliberate release into the atmosphere of harmful or hazardous substances; The right of access to public records which a citizen may need to exercise his or her rights effectively under this Act; The right to bring action in court or quasi- judicial bodies to enjoin all activities in violation of environmental laws and regulations, to compel the rehabilitation and cleanup of affected area, and to seek the imposition of penal sanctions against violators of environmental laws; and The right to bring action in court for compensation of personal damages resulting from the adverse environmental and public health impact of a project or activity. Air Pollution Clearances and Permits For Stationary Sources Art. 2 Section 16. Permits. - Consistent with the provisions of this Act, the Department shall have the authority to issue permits as it may determine necessary for the prevention and abatement of air pollution. Said permits shall cover emission limitations for the regulated air pollutants to help attain and maintain the ambient air quality standards. These permits shall serve as management tools for the LGUs in the development of their action plan. Section 17. Emission Quotas. - The Department may allow each regional industrial center that is designated as special air shed to allocate emission quotas to pollution sources within its jurisdiction that qualify under an environmental impact assessment system programmatic compliance program pursuant to the implementing rules and regulations of Presidential Decree No. 1586. Pollution from Stationary Sources Art. 3 Section 19. Pollution From Stationary Sources. - The Department shall, within two (2) years from the effectivity of this Act, and every two (2) years thereafter, review, or as the need therefore arises, revise and publish emission standards, to further improve the emission standards for stationary sources of air pollution. Such emission standards shall be based on mass rate of emission for all stationary sources of air pollution based on internationally-accepted standards, but not be limited to, nor be less stringent than such standards and with the standards set forth in this section. The standards, whichever is applicable, shall be the limit on the acceptable level of pollutants emitted from a stationary source for the protection of the public's health and welfare. Pollution from Stationary Sources Art. 3 Section 20. Ban on Incineration. - Incineration, hereby defined as the burning of municipal, bio-medical and hazardous wastes, which process emits poisonous and toxic fumes, is hereby prohibited: Provided, however, 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. Provided, further, That existing incinerators dealing with bio-medical wastes shall be phased out within three (3) years after the effectivity of this Act: Provided, finally, That in the interim, such units shall be limited to the burning of pathological and infectious wastes, and subject to close monitoring by the Department. Local government units are hereby mandated to promote, encourage and implement in their respective jurisdiction a comprehensive ecological waste management that includes waste segregation, recycling and composting. With due concern on the effects of climate change, the Department shall promote the use of stateof-the-art, environmentally-sound and safe non-burn technologies for the handling, treatment, thermal destruction, utilization, and disposal of sorted, unrecycled, uncomposted municipal, bio-medical and hazardous wastes. Pollution from Motor Vehicle Art. 4 Section 21. Pollution from Motor Vehicles. - a) 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. It shall consider the maximum limits for all major pollutants to ensure substantial improvement in air quality for the health, safety and welfare of the general public. Pollution from Motor Vehicle Art. 4 Section 22. Regulation of All Motor Vehicles and Engines. - Any imported new or locally-assembled new motor vehicle shall not be registered unless it complies with the emission standards set pursuant to this Act, as evidenced by a Certificate of Conformity (COC) issued by the Department. Any imported new motor vehicle engine shall not be introduced into commerce, sold or used unless it complies with emission standards set pursuant to this Act. Any imported used motor vehicle or rebuilt motor vehicle using new or used engines, major parts or components shall not be registered unless it complies with the emission standards set pursuant to this Act. In case of non-compliance, the importer or consignee may be allowed to modify or rebuild the vehicle or engine so that it will be in compliance with applicable emission standards. No motor vehicle registration (MVR) shall be issued unless such motor vehicle passes the emission testing requirement promulgated in accordance with this Act. Such testing shall be conducted by the DOTC or its authorized inspection centers within sixty (60) days prior to date of registration. The DTI shall promulgate the necessary regulations prescribing the useful life of vehicles and engines including devices in order to ensure that such vehicles will conform to the emissions which they were certified to meet. These regulations shall include provisions for ensuring the durability of emission devices. Pollution from Motor Vehicle Art. 4 Section 23. Second-Hand Motor Vehicle Engines. - Any imported secondhand motor vehicle engine shall not be introduced into commerce, sold or used unless it complies with emission standards set pursuant to this Act. Henares VS LTFRB Facts of the Case Petitioners insist that since it is the LTFRB and the DOTC that are the government agencies clothed with power to regulate and control motor vehicles, particularly PUVs, and with the same agencies’ awareness and knowledge that the PUVs emit dangerous levels of air pollutants, then, the responsibility to see that these are curbed falls under respondents’ functions and a writ of mandamus should issue against them. On the other hand, the Solicitor General said that the respondent government agencies, the DOTC and the LTFRB, are not in a position to compel the PUVs to use CNG as alternative fuel. He explained that the function of the DOTC is limited to implementing the emission standards set forth in Rep. Act No. 8749 and the said law only goes as far as setting the maximum limit for the emission of vehicles, but it does not recognize CNG as alternative engine fuel. He recommended that the petition should be addressed to Congress for it to come up with a policy that would compel the use of CNG as alternative fuel. Henares VS LTFRB ISSUES 1. Whether the respondent is the agency responsible to implement the suggested alternative of requiring public utility vehicles to use compressed natural gas (cng) 2. Whether the respondent can be compelled to require public utility vehicles to use compressed natural gas through a writ of mandamus Henares VS LTFRB Ruling 1. Mandamus is available only to compel the doing of an act specifically enjoined by law as a duty. Here, there is no law that mandates the respondents LTFRB and the DOTC to order owners of motor vehicles to use CNG. At most the LTFRB has been tasked by E.O. No. 290 in par. 4.5 (ii), Section 4 “to grant preferential and exclusive Certificates of Public Convenience (CPC) or franchises to operators of NGVs based on the results of the DOTC surveys. In addition, under the Clean Air Act, it is the DENR that is tasked to set the emission standards for fuel use and the task of developing an action plan. As far as motor vehicles are concerned, it devolves upon the DOTC and the line agency whose mandate is to oversee that motor vehicles prepare an action plan and implement the emission standards for motor vehicles, namely the LTFRB. Ruling 2. No. Petitioners are unable to pinpoint the law that imposes an indubitable legal duty on respondents that will justify a grant of the writ of mandamus compelling the use of CNG for public utility vehicles. The legislature should provide first the specific statutory remedy to the complex environmental problems bared by herein petitioners before any judicial recourse by mandamus is taken. In addition, the petition had been mooted by the issuance of Executive Order No. 290, which implemented a program on the use of CNG by public vehicles. The court was assured that the implementation for a cleaner environment is being addressed. Philippine Clean Air Act of 1999 Republic Act No. 8749 Pollution from Other Sources Pollution from smoking. Smoking is prohibited inside the following places: • Public buildings • Enclosed public places • Public vehicles • Enclosed areas outside of one’s residence, private place of work or any designated smoking area EO No. 26 standards for designated smoking areas • Combined area and buffer zone not larger than 20% of the total floor area of the building but not smaller than 10 meters • DSAs shall have no opening allowing air to escape to the smoke free area • DSAs shall have an independent ventilation system • DSAs shall prominently display a “SMOKING AREA” signage, graphic health warnings, and prohibition on entry of minors • There shall only be one DSA per building or conveyance No DSA shall be installed in all centers of youth activity, elevators and stairwells, fire-hazard locations, hospitals, health centers, medical, dental and optical clinics, nursing homes, dispensaries and laboratories, and foor preparation areas. Other Pollutants Ozone depleting substances. Greenhouse gases. Radioactive emissions. Institutional Mechanism Department of Environment and Natural Resources Local Government Units Environment and Natural Resources Office Technology developers, Inc. v. Court of Appeals Facts: The Acting Mayor of Sta. Maria Bulacan received complaints from the residents of Barangay Guyong. According to the residents, the petitioner’s plant emits fumes whose offensive odor “not only pollute the air but also affect the health of the residents of the area.” The Acting Mayor ordered the closure of the petitioner’s establishment based on the complaint and petitioner’s failure to validate its permit and to install any device to control the pollution and prevent any hazard to the health of the residents. Issue: Whether or not the mayor of a town has the authority to deny the issuance of permit to operate a business or to otherwise close the same. Ruling: While it is true that the matter of determining whether there is a pollution of the environment that requires control if not prohibition of the operation of a business is essentially addressed to the then National Pollution Control Commission of the Ministry of Human Settlements, now the Environmental Management Bureau of the Department of Environment and Natural Resources, it must be recognized that the mayor of a town has as much responsibility to protect its inhabitants from pollution, and by virtue of his police power, he may deny the application for a permit to operate a business or otherwise close the same unless appropriate measures are taken to control and/or avoid injury to the health of the residents of the community from the emissions in the operation of the business. Environment and Natural Resources Office Powers and duties: • To prepare comprehensive air quality management programs, plans and strategies • To provide technical assistance and support to the governor or mayor, in carrying out measures to ensure the delivery of basic services and the provision of adequate facilities relative to air quality • To take lead in all efforts concerning air quality protection and rehabilitation • To recommend to the Board air quality standards • To coordinate with other government agencies and non-governmental organizations in the implementation of measures to prevent and control air pollution Administrative action involving stationary sources Without prejudice to the right of any affected person to file an administrative action agains, the Department shall, on its own instance or upon verified complaint by any person, institute administrative proceedings against any person who violates the provisions of this law. Pollution and Adjudication Board (PAB) The PAB shall have the sole and exclusive jurisdiction over all cases of air pollution and all matters related thereto, including the imposition of administrative sanctions except as may be provided by law. Actions before the Land Transportation Office Actions for any violation of the motor vehicle pollution control laws may be commenced by any person by filing a written complaint, or by the DOTC DOTr on its own initiative, or by filing of a charge by any deputized agent of the DOTr before the hearing officer. Order or decision If the respondent admits the charge, the hearing officer shall issue an order imposing the appropriated fines and directing the grounding of the apprehended vehicle. Citizen Suits Any person may file an appropriate civil, criminal or administrative action in the proper courts against: • • • Any person who violates or fails to comply with the provisions of this Act or its IRR The Department or other implementing agencies with respect to orders, rules and regulations issued inconsistent with the law Any public officer who wilfully or grossly neglects the performance of an act specifically enjoined as a duty by this Act or its IRR; or abuses his authority; or in any manner, improperly performs his duties. Strategic lawsuit against public participation(SLAPP) Where a suit is brought against a person who filed an action as provided in Section 41 of the Act (Citizen Suits), or against any person, institution or government agency that implements it, it shall be the duty of the investigating prosecutor or the court, to make a determination whether the legal action has been filed to harass, vex, exert undue pressure or stifle such legal recourses of the person complaining of or enforcing the provisions of this Act. Upon determination thereof, evidence warranting the same, the court shall dismiss the case and award attorney’s fees and double damages. This shall also apply and benefit public officers who are sued for acts committed in their official capacity, there being no grave abuse of authority, and done in the course of enforcing the Act. Fines and Penalties Violation of standards for stationary sources A fine of not more than PhP100,000 for every day of violation shall be imposed against the owner or operator of a stationary source until such time that the standards have been complied with. Land-use Classification Points Urban Industrial/ Commercial 5 Urban Residential Pollution Load Exceedance Points Points Fines/day 20 or less 100.00 Up to 7 5 21 - 30 200.00 10 7.1 - 15 15 31 - 40 350.00 Rural Industrial/ Commercial 20 15.1 - 22 25 41 - 50 550.00 22.1 - 30 35 Rural Residential/ Agricultural/ Protected Areas 30 51 - 60 1,000.00 30.1 - 40 50 61 - 70 2,000.00 More than 40 70 71 - 80 3,000.00 81 - 90 4,000.00 91 – 100 5,000.00 • For marginal industries with capitalization of PhP 2M and below, the total fine must not exceed PhP 10,000.00 Fines and penalties Violation of Vehicle Emission Standards The driver and operator of the apprehended vehicle found to have excedeed the standards shall suffer the following penalties: First offense — a fine of one thousand pesos (PhP1,000.00) Second offense — a fine in the amount of three thousand pesos (PhP 3,000.00) Third offense – a fine in amount of five thousand pesos (PhP 5,000.00) and the offender must undergo a seminar on pollution control and management conducted by DOTr/LTO In case the third offense was committed within a year from the commission of the first offense, an additional penalty of suspension of the Motor Vehicle Registration for a period of 1 year shall be imposed. Fines and penalties Violations of standards with regard to national inspection and maintenance program, including technicians and facility compliance shall be penalized with a fine of not less than thirty thousand pesos (Php 30,000.00) or cancellation of license of both the technician and the center, or both. Fines and penalties for violations of other provisions of the Clean Air Act • Other provisions – fine of not less than ten thousand pesos (PhP 10,000.00) but not more than one hundred thousand pesos (PhP 100,000.00) or six (6) years imprisonment or both • Burning of Municipal Waste – imprisonment for two years and one day to four years • Burning of Bio-Medical Waste — imprisonment for four years and one day to six years • • Smoking in Public Places – imprisonment for six months and one day to one year or a fine of ten thousand pesos (PhP 10,000.00) Under Executive Order No. 26, violations of the smoking ban in public spaces shall be fines as follows: PhP 500 – PhP 1,000 for the first offense PhP 1,000 - PhP 5,000 for the second offense PhP 5,000 – PhP 10,000 for the third offense Penalties for gross violations Gross violation shall mean: (a) three or more specific offenses within a period of one year; (b) three or more specific offenses within three consecutive years; (c) blatant disregard of the orders of the Pollution Adjudication Board (PAB); and (d) irreparable or grave damage to the environment as a consequence of any violation or omission of the provisions of this Act. Offenders shall be punished with imprisonment of not less than six years but not more than ten years at the discretion of the court.