PHILIPPINE CLEAN AIR ACT OF 1999

Case Overview and Summary

Summary of the Philippine Clean Air Act of 1999:

Policies and Principles (Sections 2-4)
- Declares principles of protecting the environment and people's right to a balanced ecology.
- Recognizes the polluter pays principle and the responsibility of local government units.
- Aims to balance development and environmental protection through sustainable development.
- Recognizes rights such as the right to breathe clean air, utilize natural resources sustainably, participate in environmental decision-making, access public records, and bring legal actions.

Air Quality Management System (Sections 6-15)
- Requires the Department of Environment and Natural Resources (DENR) to prepare an annual National Air Quality Status Report. (Section 6)
- Mandates the establishment of an Integrated Air Quality Improvement Framework and Air Quality Control Action Plan. (Sections 7-8)
- Provides for the designation of airsheds and creation of Governing Boards for each airshed. (Section 9)
- Allows for the management of non-attainment areas where air pollutants exceed standards. (Section 10)
- Requires the DENR to issue information on air pollution control techniques, ambient air quality guideline values, and standards. (Sections 11-12)
- Establishes an emission charge system and Air Quality Management Fund. (Sections 13-14)
- Mandates a National Research and Development Program for air pollution prevention and control. (Section 15)

Air Pollution Clearances and Permits (Sections 16-20)
- Authorizes the DENR to issue permits for the prevention and abatement of air pollution from stationary sources. (Section 16)
- Allows for the allocation of emission quotas to pollution sources within special airsheds. (Section 17)
- Requires financial liability mechanisms for environmental rehabilitation from program or project proponents. (Section 18)
- Sets emission standards for stationary sources and provides for a grace period for existing industries to comply. (Section 19)
- Prohibits incineration of municipal, biomedical, and hazardous waste, with exceptions for small-scale and existing incinerators for pathological and infectious wastes. (Section 20)

Pollution from Motor Vehicles (Sections 21-23)
- Establishes emission standards for light-duty vehicles, light commercial vehicles, and heavy-duty vehicles, effective by 2003. (Section 21)
- Requires the development of an action plan for controlling air pollution from motor vehicles. (Section 21)
- Prohibits the registration of new or imported motor vehicles and engines that do not comply with emission standards. (Section 22)
- Regulates the import of second-hand motor vehicle engines based on emission standards. (Section 23)

Pollution from Other Sources (Sections 24-25)
- Prohibits smoking in public buildings, enclosed public places, and public vehicles. (Section 24)
- Requires the DENR to establish standards for mobile sources other than motor vehicles. (Section 25)

Fuels, Additives, and Substances (Sections 26-33)
- Mandates the Department of Energy (DOE), co-chaired by the DENR, to set specifications for all types of fuels and fuel-related products, including unleaded gasoline and automotive diesel fuel, with specific requirements and timelines. (Section 26)
- Requires the DOE to regulate the use of fuel additives and prohibits the manufacture, import, and sale of leaded gasoline and engines requiring leaded gasoline within 18 months after the law's enactment. (Sections 27-29)
- Requires the DENR to phase out ozone-depleting substances and publish a list of such substances. (Section 30)
- Mandates the Philippine Atmospheric, Geophysical and Astronomical Service Administration (PAGASA) to monitor greenhouse gases and coordinate with the DENR for air pollution monitoring and standard-setting. (Section 31)
- Requires the DENR to establish an inventory list of Persistent Organic Pollutants (POPs) and develop programs for their reduction and elimination within specified timelines. (Section 32)
- Regulates radioactive emissions from nuclear energy facilities and radioactive materials by the Philippine Nuclear Research Institute (PNRI) in coordination with the DENR and other agencies. (Section 33)

Institutional Mechanism (Sections 34-39)
- Designates the DENR as the lead agency responsible for implementing and enforcing the Act. (Section 34)
- Allows the DENR to consult, participate, cooperate, and enter into agreements with other agencies, NGOs, POs, and private enterprises. (Section 35)
- Mandates local government units (LGUs) to share responsibility for air quality management within their territorial jurisdiction and implement air quality standards. (Section 36)
- Provides for the establishment of Environment and Natural Resources Offices in provinces, cities, or municipalities. (Section 37)
- Grants the DENR the right to require record-keeping, inspections, monitoring, and entry for emission sources. (Section 38)
- Requires a continuing public education and information campaign on air quality by various government agencies and the private sector. (Section 39)

Actions (Sections 40-44)
- Allows the DENR to institute administrative proceedings against violators of standards or limitations. (Section 40)
- Permits citizens to file civil, criminal, or administrative actions against violators, the DENR, or public officers for non-enforcement or violations. (Section 41)
- Allows for independent civil actions against violators, separate from administrative suits. (Section 42)
- Provides for the dismissal of strategic legal actions against public participation and the enforcement of the Act, and awards attorney's fees and damages. (Section 43)
- Establishes liens on personal and immovable properties of violators for unpaid fines and penalties. (Section 44)

Fines and Penalties (Sections 45-48)
- Imposes fines of up to ₱100,000 per day for exceedance of pollution or air quality standards by stationary sources, with provisions for adjustments based on various factors. (Section 45)
- Establishes penalties for violations of emission standards for motor vehicles, including fines, suspension of registration, and mandatory training. (Section 46)
- Imposes fines of ₱10,000 to ₱100,000 or imprisonment of 6 months to 6 years, or both, for violations of other provisions of the Act. (Section 47)
- Defines gross violations and imposes imprisonment of 6 to 10 years for such offenses. (Section 48)

Final Provisions (Sections 49-56)
- Authorizes the Secretary of Labor to establish a compensation, retraining, and relocation program for workers laid off due to compliance with the Act. (Section 49)
- Appropriates ₱750,000,000 for the initial implementation of the Act, with specific allocations to various agencies. (Section 50)
- Requires the DENR to promulgate implementing rules and regulations within one year after the enactment of the Act. (Section 51)
- Mandates the DENR to report annually to Congress on the progress of pollution control efforts. (Section 52)
- Creates a Joint Congressional Oversight Committee to monitor the implementation of the Act. (Section 53)
- Includes a separability clause for unconstitutional provisions. (Section 54)
- Repeals or modifies inconsistent laws, orders, issuances, rules, and regulations. (Section 55)
- Sets the effectivity date 15 days after publication in the Official Gazette or newspapers. (Section 56)