RA 8479 AN ACT PROVIDING FOR A COMPREHENSIVE AIR POLLUTION CONTROL POLICY AND FOR OTHER PURPOSES (1).pdf

RA 8479 AN ACT PROVIDING FOR A COMPREHENSIVE AIR POLLUTION CONTROL POLICY AND FOR OTHER PURPOSES (1).pdf

1. RA 8479: AN ACT PROVIDING FOR A
COMPREHENSIVE AIR POLLUTION
CONTROL POLICY AND FOR OTHER
PURPOSES
Dexter Secosana

2. Purpose of the law
Features of the law
Current state and impact and
application to Social Work
Discussion Points:
1.
2.
3.

3. Recognition of Rights:
(a) The right to breathe clean air;
(b) The right to utilize and enjoy all natural resources according
to the principles of sustainable development;
(e) 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;

4. Formulate a holistic national program of air
pollution management.
Encourage cooperation and self-regulation among
citizens and industries through the application of
market-based instruments.
Pollution prevention rather than control
Promote public information and education and to
encourage the participation of an informed and
active public in air quality planning and monitoring.
Enforce a system of accountability for short and
long-term adverse environmental impact of a
project, program or activity.
Purpose of the law:
1.
2.
3.
4.
5.

5. RA 8749: Philippine Clean Air Act of 1999
The Philippine Clean Air Act of 1999 aims to achieve
and maintain healthy air for all. It contains the legal
mandate of governmental agencies in managing the
outdoor air quality in the Philippines, listing all
potential sources of outdoor air pollution while
providing ambient air quality guidelines and
standards for emissions. Its implementation is a multi-
sectoral undertaking, led by the Department of
Environment and Natural Resources.

7. Department of Transportation (DoTr)
Department of Trade and Industry (DTI)
Department of Energy (DoE)
Department of Science and Technology (DOST)
Department of Health (DOH)
Philippine Statistics Authority (PSA)
Local Government Units (LGUs)
Other Agency Roles and Responsibilities in the Air
Quality Management (RA 8749)

8. RA 9729 (Climate Change Act of 2009
Executive Order No. 489 Series of 1991 “Institutionalizing the
Inter-agency committee on environmental health (IACEH)
Executive Order No. 26 “Providing for the establishment of
smoke-free environments in public and enclosed spaces”
“Executive Order No. 28 “Providing For The Regulation and
Control of the Use of Firecrackers And Other Pyrotechnic
Devices,
Relevant Agency Policy on Air Quality

12. "Air pollutant" means any matter found in the
atmosphere other than oxygen, nitrogen, water
vapor, carbon dioxide, and the inert gases in
their natural or normal concentrations, that is
detrimental to health or the environment, which
includes but not limited to smoke, dust, soot,
cinders, fly ash, solid particles of any kind, gases,
fumes, chemical mists, steam and radio-active
substances;

13. "Air pollution" means any alteration of the
physical, chemical and biological properties of
the atmospheric air, or any discharge thereto of
any liquid, gaseous or solid substances that will
or is likely to create or to render the air resources
of the country harmful, detrimental, or injurious
to public health, safety or welfare or which will
adversely affect their utilization for domestic,
commercial, industrial, agricultural, recreational,
or other legitimate purposes;

14. "Hazardous substances" mean those substances
which present either: (1) short-term acute
hazards such as acute toxicity by ingestion,
inhalation, or skin absorption, corrosivity or other
skin or eye contact hazard or the risk of fire
explosion; or (2) longterm toxicity upon repeated
exposure, carcinogenicity (which in some cases
result in acute exposure but with a long latent
period), resistance to detoxification process such
as biodegradation, the potential to pollute
underground or surface waters;

15. "Greenhouse gases" mean those gases that can
potentially or can reasonably be expected to
induce global warming, which include carbon
dioxide, methane, oxides of nitrogen,
chlorofluorocarbons, and the like;
"Mobile source" means any vehicle propelled by
or through combustion of carbon-based or other
fuel, constructed and operated principally for the
conveyance of persons or the transportation of
property goods;

16. Suspended Particulate Matter
Sulfur Dioxide
Nitrogen Dioxide
Photochemical Oxidants
Carbon Monoxide
Lead
Section 12. The initial list and values of the
hazardous air pollutants shall be as follows:
(a) For National Ambient Air Quality Guideline for Criteria
Pollutant
1.
2.
3.
4.
Ozone
1.
2.

17. Ammonia
Carbon Disulfide
Chlorine and Chlorine Compounds
Formaldehyde
Hydrogen Chloride
Hydrogen Sulfide
Lead
Nitrogen Dioxide
Phenol
Sulfur Dioxide
Suspended Particulate Matter-TSP
(a) For National Ambient Air Quality Standards for Source Specific
Air Pollutants from Industrial Sources/Operations
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.

18. 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.
Existing industries, which are proven to exceed emission rates established by the
Department in consultation with stakeholders, after a thorough, credible and transparent
measurement process shall be allowed a grace period of eighteen (18) months for the
establishment of an environmental management system and the installation of an
appropriate air pollution control device : Provided, That an extension of not more than
twelve (12) months may be allowed by the Department on meritorious grounds.

19. Section 20. Ban on Incineration. - Incineration, hereby defined as
the burning of municipal, biomedical and hazardous waste, 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 a biomedical wastes shall be 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.

20. 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 state-of-the-art,
environmentally-sound and safe non-burn technologies for the
handling, treatment, thermal destruction, utilization, and disposal
of sorted, unrecycled, uncomposted, biomedical and hazardous
wastes.
Note:
RA 9003 Ecological Waste Management 2001 (The open burning of solid waste)
RA 9514 Fire Code of the Philippines 2008

21. https://balita.net.ph/2023/04/27/%E2%82%B14-1b-shabu-sinunog-ng-pdea-sa-cavite/
https://www.philstar.com/pilipino-star-ngayon/probinsiya/2022/06/27/2191173/higit-p95-milyong-shabu-marijuana-sinunog-ng-pdea-sa-
region-6
https://www.net25.com/article/6638
https://news.abs-cbn.com/news/09/18/21/p193-milyon-halaga-ng-marijuana-sinunog-sa-kalinga?
fbclid=IwAR2IJM_oqKu8lyAUaQpK29BhA_M8UYOX1NeRyDzmb37OtXyDPsp61LR4Trg
https://tonite.abante.com.ph/2023/01/13/12-emission-testing-center-sinuspinde-sa-scam/

22. 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.
(1) Inspect and monitor the emissions of motor vehicles;
(2) Prohibit or enjoin the use of motor vehicles or a class of motor vehicles in any area or
street at specified times; and
(3) Authorize private testing emission testing centers duly accredited by the DTI.
https://tonite.abante.com.ph/2023/01/13/12-emission-testing-center-
sinuspinde-sa-scam/
https://www.autoindustriya.com/auto-industry-news/this-is-how-
emissions-testing-centers-tried-to-beat-the-lto-with-photoshop.html

23. Section 24. Pollution from smoking. - Smoking inside a public
building or an enclosed public place including public vehicles and
other means of transport or in any enclosed area outside of one's
private residence, private place of work or any duly designated
smoking area is hereby prohibited under this Act. This provision
shall be implemented by the LGUs.
Note: EO26 Nationwide Smoking Ban (Pres. Duterte)
https://www.deped.gov.ph/2018/10/09/deped-govt-agencies-support-
tobacco-free-generation-initiative/
https://www.rappler.com/nation/151287-tobacco-graphic-health-
warnings-law-implementation/
https://ndvlaw.com/the-philippines-nationwide-smoking-ban-under-
executive-order-no-26-separating-fact-from-fiction/

24. Section 26. Fuels and Additives
Section 27. Regulation of Fuels and Fuel Additives
Section 28. Misfueling
Section 29. Prohibition on Manufacture, Import and Sale of leaded
Gasoline and of Engines and/or Components Requiring Leaded
Gasoline
NOTE: RA 9367 (2007 BIOFUELS LAW) AN ACT TO DIRECT THE USE OF BIOFUELS,
ESTABLISHING FOR THIS PURPOSE THE BIOFUEL PROGRAM, APPROPRIATING FUNDS
THEREFOR, AND FOR OTHER PURPOSES
https://www.officialgazette.gov.ph/2007/01/12/republic-act-no-9367/

25. Section 30. Ozone-Depleting Substances. - Consistent with the
terms and conditions of the Montreal Protocol on Substances that
Deplete the Ozone Layer and other international agreements and
protocols to which the Philippines is a signatory, the Department
shall phase out ozone-depleting substances.
https://www.philstar.com/business/science-and-
environment/2018/10/04/1856975/philippines-phase-out-last-ozone-depleting-
substances#:~:text=In%201987%2C%20the%20Philippines%20joined,ratificatio
n%20of%20the%20Montreal%20Protocol.
https://pod.emb.gov.ph/

26. Section 31. Greenhouse Gases. - The Philippine Atmospheric,
Geophysical and Astronomical Service Administration (PAGASA)
shall regularly monitor meteorological factors affecting
environmental conditions including ozone depletion and
greenhouse gases and coordinate with the Department in order to
effectively guide air pollution monitoring and standard-setting
activities
Section 32. Persistent Organic Pollutants
https://ourworldindata.org/co2/country/philippines

27. https://www.climate-transparency.org/wp-content/uploads/2021/01/Philippines-CT-2020.pdf

28. Section 33. Radioactive Emissions. - All projects which will involve
the use of atomic and/or nuclear energy, and will entail release and
emission of radioactive substances into the environment, incident
to the establishment or possession of nuclear energy facilities and
radioactive materials, handling, transport, production, storage, and
use of radioactive materials, shall be regulated in the interest of
public health and welfare by the Philippine Nuclear Research
Institute (PNRI), in coordination with Department and other
appropriate government agencies.
Note: RA 6969 - Toxic Substances, Hazardous Wastes and Nuclear Waste Control Act of
1990

29. https://legacy.senate.gov.ph/press_release/2022/0728_padilla2.asp

30. https://maritimereview.ph/radioactivity-in-waters-around-the-philippines/

31. Fines and
Penalties:
Violation
of
Standards
for
Stationary
Sources
A fine of not more than One hundred thousand pesos (P100,000.00) for every day of violation
against the owner or operator of a stationary source until such time that the standards have
been complied with.
In the absence of any extenuating or aggravating circumstances, the amount of fine for
negligence shall be equivalent to one-half of the fine for willful violation.
The fines herein prescribed shall be increased by at least ten percent (10%), every three (3)
years to compensate for inflation and to maintain the deterrent function of such fines.
Order closure, suspension of development, construction, or operations of the stationary
sources  (will be implemented) until such time that proper environmental safeguards are put
in place
Immediate permanent closure for third offense
Note:PAB shall prepare a fine rating system to adjust the maximum fine based on the violator's
ability to pay, degree of willfulness, degree of negligence, history of non-compliance and
degree of recalcitrance

32. Fines and
Penalties:
Violation
of
Standards
for Motor
Vehicles

No motor vehicle shall be registered with the DOTC unless it meets the emission standards set
by the Department as provided in Sec. 21 hereof.
Any vehicle suspected of violation of emission standards through visual signs, such as, but not
limited to smoke-belching, shall be subjected to an emission test by a duly authorized
emission testing center. Should it be shown that there was no violation of emission standards,
the vehicle shall be immediately released.
Otherwise, a testing result indicating an exceedance of the emission standards would warrant
the continuing custody of the impounded vehicle unless the appropriate penalties are fully
paid, and the license plate is surrendered to the DOTC pending the fulfillment of the
undertaking by the owner/operator of the motor vehicle to make the necessary repairs so as to
comply with the standards
A pass shall herein be issued by the DOTC to authorize the use of the motor vehicle within a
specified period that shall not exceed seven (7) days for the sole purpose of making the
necessary repairs on the said vehicle
The owner/operator of the vehicle shall be required to correct its defects and show proof of
compliance to the appropriate pollution control office before the vehicle can be allowed to be
driven on any public or subdivision roads.

33. Fines and
Penalties:
Violation
of
Standards
for Motor
Vehicles

In addition, the driver and operator of the apprehended vehicle shall undergo a seminar on
pollution control management conducted by the DOTC and shall also suffer the following
penalties:
a) First Offense - a fine not to exceed Two Thousand Pesos (P2,000.00);
b) Second Offense - a fine not less than Two Thousand Pesos (P2,000.00) and not to exceed
Four Thousand Pesos (P4,000.00); and
c) Third offense - one (1) year suspension of the Motor Vehicle Registration (MVR) and
a fine of not less than Four Thousand Pesos (P4,000.00) and not more than Six
thousand pesos (P6,000.00).
Any violation of the provisions of Sec. 21 paragraph (d) with regard to national inspection and
maintenance program, including technicians and facility compliance shall penalized with a
fine of not less than Thirty Thousand Peso (P30,000.00) or cancellation of license of both the
technician and the center, or both, as determined by the DTI.

34. Section 47. Fines and Penalties for Violations of Other Provisions in
the Act. - For violations of all other provisions provided in this Act
and of the rules and regulations thereof, a fine of not less than Ten
thousand pesos (P10,000) but not more than One Hundred
thousand Pesos (P100,000) or six (6) months to six (6) years
imprisonment or both shall be imposed. If the offender is a juridical
person, the president, manager, directors, trustees, the pollution
control officer or the officials directly in charge of the operations
shall suffer the penalty herein provided.

35. Section 48. Gross Violations. - In case of gross violation of this Act or its implementing rules
and regulations, the PAB shall recommend to the proper government agencies to file the
appropriate criminal charges against the violators. The PAB shall assist the public
prosecutor in the litigation of the case. Gross violation shall mean:
(a) three (3) or more specific offenses within a period of one (1) year;
(b) three (3) or more specific offenses with three (3) consecutive years;
(c) blatant disregard of the orders of the PAB, such s but not limited to the breaking of seal,
padlocks and other similar devices, or operation despite the existence of an order for
closure, discontinuance or cessation of operation; and
(d) irreparable or grave damage to the environment as a consequence of any violation of
the provisions of this Act.
Offenders shall be punished with imprisonment of not less than six (6) years but not more
than ten (10) years at the discretion of the court. If the offender is a juridical person, the
president, manager, directors, trustees, the pollution control officer or the officials directly in
charge of the operations shall suffer the penalty herein provided.

36. Philippine Realities and
Impact to Social Work
Practice of RA 8479 Clean Air
Act

37. https://www.aosmith.com.ph/blog/how-air-pollution-philippines

38. https://www.aosmith.com.ph/blog/how-air-pollution-philippines

39. https://www.iqair.com/philippines/ncres

40. https://www.iqair.com/philippines/ncres

41. https://www.iqair.com/philippines/ncres

42. https://www.iqair.com/philippines/ncres

43. https://www.iqair.com/philippines/ncres

44. https://www.greenpeace.org/philippines/press/53443/ph-govt-urged-strengthen-air-quality-monitoring-to-protect-citizens-health/

45. https://energyandcleanair.org/publication/cost-of-air-pollution-in-the-philippines/

46. https://energyandcleanair.org/publication/cost-of-air-pollution-in-the-philippines/

47. https://www.iqair.com/philippines/ncres

48. https://earthjournalism.net/stories/beyond-lockdown-can-the-philippines-sustain-low-air-pollution-levels

49. https://www.aosmith.com.ph/blog/how-air-pollution-philippines

50. https://www.aosmith.com.ph/blog/how-air-pollution-philippines

51. https://www.bworldonline.com/corporate/2023/01/12/497911/car-sales-up-31-in-2022-exceed-industry-target/
https://www.philstar.com/headlines/2022/11/25/2226400/metro-manila-public-transportation-among-worst-world-study
https://news.abs-cbn.com/video/news/10/22/18/pila-sa-mrt-north-ave-umabot-hanggang-sa-kalapit-na-mall

52. https://sea.mashable.com/article/6506/whats-going-on-with-the-jeepney-strikes-in-the-philippines

53. https://sdgs.un.org/goals

54. https://sdgs.un.org/goals