environmental law clean air act

7/28/2019 Environmental Law Clean air act

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Atty. Victor MarconProfessor


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Republic Act No.8749


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Every Breath You Take


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Air is the most basic need of every human being.

Unfortunately, with every breath of air we take, we alsoinhale a host of visible substances that attack our health

and well being.Sources of pollutants are found in the atmosphere---harmful substances such as smoke, dust, soot, cinders, flyash, gases, fumes, chemical mists, steam and evenradioactive particles.


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Metro Manila Skyline


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A birds eye view of the Metro Manila will show agray haze hovering over the metropolis. The busierthe area, the thicker the haze. Black smoke fromvehicles causes that haze, a haze that limits

visibility and blackens building, house and otherstructures.

Pollutants in the air also react with metals and falldown to earth as acid rain. Acid rain is rain that

contains harmful acids, which corrode roofing,buildings and other metal surfaces. Acid rain alsodestroys plant life and contaminates water sources.


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Hon. Ramon J.P. Paje

DENRs 19th SecretaryAtty. Juan Miguel T. Cuna

OIC Director


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EVA S. OCFEMIAOIC-Assistant Director

POLLUTION ADJUDICATION BOARD

ATTY. JONAS R. LEONESBoard Secretary & Legal Counsel, Pollution Adjudication Board

(PAB)

DIVISION CHIEFS (7)


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Though the long overdue, its enactment was nonetheless awelcome development as air pollution has been a growingproblem since the 1980s. With its promulgation, it was hopedthat Philippine air will finally be cleared of impurities or, at least,made less to harmful people.

Air Pollution is the most problematic of the three basic sources ofpollution--- water, air, and solid waste. Air permeates theenvironment, is generally colorless, and is not easily containedlike water or solid waste pollution. Air pollution, on the other

hand, is not easily contained.

( Environmental Law: Pollution Control 2009 ed. by Atty. GalahadR.A. Pe Benito)


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The State shall protect and advance the right of the people to abalanced and healthful ecology in accord with the rhythm andharmony of nature.

The State shall promote and protect the global environment to attainsustainable development while recognizing the primary

responsibility oflocal government units to deal with environmentalproblems.

The State recognizes that the responsibility of cleaning the habitat andenvironment is primarily area-based.

The State also recognizes the principle that "polluters must pay".

Finally, the State recognizes that a clean and healthy environment isfor the good of all and should therefore be the concern of all.


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The State shall pursue a policy of balancing development andenvironmental protection. To achieve this end, theframework for sustainable development shall be pursued.It shall be the policy of the State to:

a) Formulate a holistic national program of air pollutionmanagement that shall be implemented by thegovernment through proper delegation and effectivecoordination of functions and activities;

b) Encourage cooperation and self-regulation among citizensand industries though the application of market-basedinstruments;


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c) Focus primarily on pollution prevention rather than on control andprovide for a comprehensive management program for air pollution;

d) Promote public information and education to encourage theparticipation of an informed and active public in air quality

planning and monitoring; and

e) Formulate and enforce a system of accountability for short andlong-term adverse environmental impact of a project, program oractivity. This shall include the setting up of a funding or guaranteemechanism for clean-up and environmental rehabilitation andcompensation for personal damages.


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Pursuant to the above-declared principles, thefollowing rights of citizens are hereby sought to berecognized and the State shall seek to guaranteetheir enjoyment:

a) The right tobreathe clean air;

b) The right to utilize and enjoy all natural resourcesaccording to the principle of sustainabledevelopment;


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c) The right to participate in the formulation, planning, implementationand monitoring of environmental policies and programs and in thedecision making process;

d) The right to participate in the decision-making process concerningdevelopment policies, plans and programs projects or activities that

may have adverse impact on the environment and public health;

e) The right to be informed of the nature and extent of the potentialhazard of any activity, undertaking or project and to be served timelynotice of any significant rise in the level of pollution and the accidentalor deliberate release into the atmosphere of harmful or hazardoussubstances;

f) The right of access to public records which a citizen may need toexercise his or her rights effectively under this Act;


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g) The right to bring action in court or quasi-judicial bodies to enjoin all activities in violation ofenvironmental laws and regulations, to compel therehabilitation and cleanup of affected area, and to

seek the imposition of penal sanctions againstviolators of environmental laws; and

h) The right to bring action in court for

compensation of personal damages resulting fromthe adverse environmental and public healthimpact of a project or activity.


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Any matter that is found in the atmosphere that is detrimental tohealth or the environment

Air Pollutants


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Persistent Organic Pollutants (POPs)"mean the organic compounds thatpersist in the environment,bioaccumulate through the food web,and pose a risk of causing adverseeffects to human health and theenvironment.

These compounds resist photolytic,chemical and biological degradation,which shall include but not be limitedto dioxin, furan, PolychlorinatedBiphenyls (PCBs), organochlorinepesticides, such as aldrin, dieldrin,DDT, hexachlorobenzene, lindane,toxaphere and chlordane


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- The Department shall prepare an annual National Air Quality StatusReport which shall be used as the basis in formulating theIntegrated Air Quality Improvement Framework, as provided for inSection7. The said report shall include, but shall not be limited tothe following:

a) Extent of pollution in the country, per type of pollutant and per typeof source, based on reports of the Department's monitoringstations;

b) Analysis and evaluation of the current state, trends and projections

of air pollution at the various levels provided herein;

c) Identification of critical areas, activities, or projects which will needcloser monitoring or regulation;


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d) Recommendations for necessary executive andlegislative action; and

e) Other pertinent qualitative and quantitativeinformation concerning the extent of air pollution and

the air quality performance rating of industries in thecountry. The Department, in cooperation with theNational Statistical Coordination Board (NSCB), shalldesign and develop an information network for datastorage, retrieval and exchange.

The Department shall serve as the central depository ofall data and information related to air quality.


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The Department shall, within six (6) months after theeffectivity of this Act, establish, with the participation ofLGUs, NGOs, POs, the academe and other concernedentities from the private sector, formulate and

implement the Integrated Air Quality ImprovementFramework for a comprehensive air pollutionmanagement and control program. The framework shall,among others, prescribe the emission reduction goalsusing permissible standards, control strategies andcontrol measures to be undertaken within a specifiedtime period, including cost-effective use of economicincentives, management strategies, collective action, andenvironmental education and information.


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The Integrated Air Quality Improvement

Framework shall be adopted as the officialblueprint with which all government agenciesmust comply with to attain and maintain ambientair quality standards.


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- Within six (6) months after the formulation of theframework, the Department shall, with publicparticipation, formulate and implement an air qualitycontrol action plan consistent with Section 7 of this Act.

The action plan shall:

a) Include enforceable emission limitations and othercontrol measures, means or techniques, as well as

schedules and time tables for compliance, as may benecessary or appropriate to meet the applicablerequirements of this Act;


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b) Provide for the establishment and operation of appropriate devices, methods,systems and procedures necessary to monitor, compile and analyze data on ambientair quality;

c) Include a program to provide for the following: (1) enforcement of the measuresdescribed in the subparagraph (a); (2) regulation of the modification and

construction of any stationary source within the areas covered by the plan, inaccordance with land use policy to ensure that ambient air quality standards areachieved;

d) Contain adequate provisions, consistent with the provisions of this Act, prohibitingany source or other types of emissions activity within the country from emitting any

air pollutant in amounts which will significantly contribute to the nonattainment orwill interfere with the maintenance by the Department of any such ambient airquality standard required to be included in the implementation plan to preventsignificant deterioration of air quality or to protect visibility;


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e) Include control strategies and control measures to be undertakenwithin a specified time period, including cost-effective use ofeconomic incentives, management strategies, collection action, andenvironmental education and information;

f) Designate airsheds; and

g) All other measures necessary for the effective control andabatement of air pollution.


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This section provides that certain areas with similar climate,meteorology, and topology, or areas which share commoninterests or face similar development problems and conditionsmay be designated as airsheds or air quality management area.

These airsheds shall be managed by a governing board consisting

of the following: 1. provincial governors

2.city/municipal mayors

3.representative from private sectors

4.rep. from concerned government agencies

5.rep. from NGOs

6.rep. from peoples organization


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The mixed membership of the board ensures that all sectors of

society are represented in decision concerning air quality in theirrespective areas. Because of its broad representation, the Board is ingod position to formulate and implement policies specifically

designed for the areas they represent.

In essence, the Board is tasked to formulate and implementguidelines and procedures that ensure the attainment of clean air intheir respective territories.


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The idea behind area-based management is to have a uniformmanagement plan for the areas exhibiting similar conditions. Bygrouping these areas into one sector, the members of the governingboard are able to coordinate their efforts into formulating policies

suited for their respective areas. Because air in certain areas exhibitthe same characteristic and level of pollution, a coordinatedapproach is warranted so that regulations address the sameproblems and concerns.

A national, unified approach that applies the same set of regulations

for all areas, regardless of their atmospheric or topologic differencesin most areas. A unified appro

environmental law clean air act

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