AN ACT PROVIDING FOR A COMPREHENSIVE AIR POLLUTION CONTROL POLICY AND FOR

OTHER PURPOSES
Republic Act No. 8749
June 23, 1999

Chapter 1
General Provisions

Article One
Basic Air Quality Policies

Sec1: Short Title. - This Act shall be known as the "Philippine Clean Air Act of 1999."

Section 2. Declaration of Principles.

 Protection and Advancement of the Right to a Balanced and Healthful Ecology:

The State shall protect and advance the right of the people to a balanced and healthful ecology in accord
with the rhythm and harmony of nature.
 Promotion and Protection of the Global Environment for Sustainable Development:
The State shall promote and protect the global environment to attain sustainable development while
recognizing the primary responsibility of local government units to deal with environmental problems.
 Area-Based Responsibility for Cleaning the Habitat and Environment:
The State recognizes that the responsibility of cleaning the habitat and environment is primarily area-
based.
 Principle of "Polluters Must Pay"
The State also recognizes the principle that "polluters must pay."
 Recognition of a Clean and Healthy Environment as a Common Concern:
The State recognizes that a clean and healthy environment is for the good of all and should, therefore,
be the concern of all.

Section 3. Declaration of Policies.

The government will follow a policy that seeks to balance development and environmental protection.
In order to achieve this objective, the framework for sustainable development will be actively pursued.
The State shall adhere to the following policy principles:

(a) Develop a comprehensive national program for the management of air pollution, to be executed
by the government through efficient delegation and coordinated implementation of functions
and activities.
(b) Promote collaboration and voluntary adherence to regulations among citizens and industries by
employing market-based instruments.
(c) Emphasize pollution prevention as a primary focus over control measures and establish a
comprehensive management program for addressing air pollution.
(d) Facilitate public information and education initiatives, aiming to foster the involvement of an
informed and engaged public in air quality planning and monitoring.
 (e) Establish and enforce a system of accountability for both short-term and long-term adverse
environmental impacts resulting from a project, program, or activity. This involves creating a
funding or guarantee mechanism dedicated to cleanup, environmental rehabilitation, and
compensation for personal damages.

Section 4. Recognition of Rights

In alignment with the aforementioned principles, the following rights of citizens are hereby aimed to be
acknowledged, and the State shall endeavor to ensure their fulfillment:

(a) The right to breathe clean air;

(b) Citizens have the right to utilize and enjoy all natural resources in accordance with the principles
of sustainable development.
(c) Citizens possess the right to actively participate in the formulation, planning, implementation,
and monitoring of environmental policies and programs, as well as in the decision-making
process.
(d) Citizens have the right to participate in the decision-making process regarding development
policies, plans, projects, or activities that may have adverse impacts on the environment and
public health.
(e) Citizens have the right to timely information about potential hazards, including any significant
rise in pollution levels or the release of harmful substances into the atmosphere.
(f) Citizens have the right of access to public records necessary for the effective exercise of their
rights under this Act.
(g) Citizens have the right to take legal action to stop activities violating environmental laws,
compel area rehabilitation, and seek penalties against violators.
(h) Citizens have the right to seek compensation in court for personal damages caused by the
environmental and public health impacts of a project or activity.

Article Two
Definition of Terms
Section 5. Definitions

(a) "Air pollutant" includes any substance, except for oxygen, nitrogen, water vapor, carbon dioxide,
and inert gases at natural concentrations, that is harmful to health or the environment, such as
smoke, dust, gases, and radioactive substances.
(b) "Air pollution" refers to any change in the atmospheric air's physical, chemical, or biological
properties, or the introduction of liquid, gaseous, or solid substances that may harm public health,
safety, welfare, or negatively affect various legitimate uses of air resources.
(c) "Ambient air quality guideline values" are specified concentration levels over short-term and long-
term periods, serving as objectives to protect health and public welfare. These values are used for
air quality management to assess trends, evaluate air quality conditions, and guide actions in
preventing, controlling, or mitigating air pollution.
(d) "Ambient air quality" refers to the overall pollution levels in a wide area, representing the average
purity of the atmosphere. This term distinguishes the general pollution status across a region from
specific measurements taken at the source of pollution.
(e) A "Certificate of Conformity" is a certification issued by the Department of Environment and
Natural Resources to a vehicle manufacturer, assembler, or importer. This certificate attests that a
specific new vehicle or vehicle type complies with the stipulations outlined in this Act and its
accompanying rules and regulations.
(f) "Department" means the Department of Environment and Natural Resources;
(g) "Eco-profile" is a tool for planners, evaluating the environmental quality and carrying capacity of an
area by integrating data on natural resources and human activities. It assists in anticipating
necessary development controls for the planning area.
(h) "Emission" refers to any air contaminant, pollutant, gas stream, or undesired sound emitted from a
known source and released into the atmosphere.
(i) "Greenhouse gases" are gases with the potential to cause global warming, including carbon dioxide,
methane, oxides of nitrogen, chlorofluorocarbons, and similar substances.
(j) "Hazardous substances" are materials that can cause short-term acute hazards, like toxicity or fire
risk, and long-term risks such as repeated exposure toxicity, carcinogenicity, and environmental
pollution potential.
(k) "Infectious waste" refers to the portion of medical waste that has the potential to transmit an
infectious disease.
(l) "Medical waste" encompasses materials generated from the diagnosis, treatment, or immunization
of human beings or animals.
(m) "Mobile source" refers to any vehicle primarily designed and operated for transporting persons or
goods, propelled by the combustion of carbon-based or other fuels.
(n) "Motor vehicle" is any vehicle, powered by gasoline, diesel, or other means excluding human or
animal power, primarily designed for transporting people or goods on public roads.
(o) "Municipal waste" refers to waste materials generated from communities within a specific locality.
(p) "New vehicle" refers to a vehicle constructed entirely from new parts, never having been sold or
registered with the DOTC or the appropriate agency or authority. It is operated on the highways of
the Philippines or any foreign state or country.
(q) "Octane Rating or the Anti-Knock Index (AKI)" is the rating for the anti-knock characteristics of
automotive gasoline, calculated by averaging the Research Octane Number (RON) and Motor
Octane Number (MON). The octane requirement is the minimum rating recommended by the
manufacturer for efficient vehicle operation without knocking.
(r) "Ozone Depleting Substances (ODS)" are substances that substantially deplete or alter the ozone
layer, likely causing adverse effects on human health and the environment. Examples include
chlorofluorocarbons, halons, and similar compounds.
(s) "Persistent Organic Pollutants (POPs)" are organic compounds that persist, accumulate in the food
web, and pose risks to human health and the environment. Examples include dioxin, furan,
Polychlorinated Biphenyls (PCBs), and certain organochlorine pesticides like aldrin, dieldrin, DDT,
hexachlorobenzene, lindane, toxaphene, and chlordane.
(t) "Poisonous and toxic fumes" refer to emissions and fumes surpassing internationally accepted
standards, including but not limited to the World Health Organization (WHO) guideline values.
(u) "Pollution control device" is any apparatus or device employed to prevent, control, or mitigate air
pollution caused by emissions from identified pollution sources. It operates within the air pollution
control standards set by the Department.
(v) "Pollution control technology" refers to devices, production processes, fuel combustion processes,
or other means that effectively prevent or reduce emissions or effluents.
(w) "Standard of performance" is a criterion for air pollutant emissions that reflects the achievable
limitation through the best emission reduction system, factoring in costs, non-air quality impacts,
and energy requirements. The Department determines and ensures a proper demonstration of
these considerations.
(x) "Stationary source" refers to any building, immobile structure, facility, or installation that emits or
has the potential to emit air pollutants.

Chapter 2
Air Quality Management System

Article One
General Provisions

Section 6. Air Quality Monitoring and Information Network

The Department is responsible for preparing an annual National Air Quality Status Report. This report
serves as the foundation for developing the Integrated Air Quality Improvement Framework outlined in
Section 7. The report encompasses, but is not limited to, the following:

(a) Assessment of pollution levels by type and source using data from the Department's
monitoring stations.
(b) Analysis of current status, trends, and future projections of air pollution.
(c) Identification of critical areas, activities, or projects requiring closer monitoring or
regulation.
(d) Recommendations for executive and legislative actions.
(e) Relevant qualitative and quantitative information on air pollution extent and the air
quality performance rating of industries in the country.

The Department, in collaboration with the National Statistical Coordination Board (NSCB), will establish
an information network for data storage, retrieval, and exchange. Additionally, the Department will
function as the central repository for all air quality-related data and information.

Section 7. Integrated Air Quality Improvement Framework.

Within six months of this Act's effectivity, the Department will collaborate with various stakeholders to
establish the Integrated Air Quality Improvement Framework. This framework outlines emission
reduction goals, permissible standards, and control strategies, incorporating cost-effective measures,
incentives, collective actions, and environmental education. It becomes the official blueprint for all
government agencies to achieve and maintain ambient air quality standards.

Section 8. Air Quality Control Action Plan.

Within six months after formulating the framework, the Department will, with public participation,
create and implement an air quality control action plan in accordance with Section 7 of this Act. The
action plan will:
 (a) Encompass enforceable emission limitations, control measures, and compliance schedules to
meet the Act's requirements.
(b) Establish and operate devices, methods, and systems for monitoring ambient air quality.
(c) Implement measures for enforcement, regulation of source modification and construction, and
land use policies to ensure compliance with ambient air quality standards.
(d) Prohibit any source or emission activity contributing significantly to non-attainment or
interfering with air quality standards.
(e) Include control strategies, measures, and cost-effective use of incentives, management
strategies, collective action, and education.
(f) Designate airsheds.
(g) Encompass all necessary measures for effective air pollution control.
The plan's adoption will clarify legal implications on government agencies' resources and program
alignment. A participatory approach involving private entities in emissions monitoring is encouraged.
LGUs, with Department assistance, shall prepare action plans aligned with the Integrated Air Quality
Improvement Framework. The Department retains authority to inspect and supervise until the LGU can
independently enforce standards.
Local government units will submit action plan procedures, subject to Department inspection. The
Department holds the power to supervise until local units can enforce standards. Multi-sectoral
monitoring teams, with public representation, will assess compliance through periodic inspections of air
pollution sources.

Section 9. Airsheds

In accordance with Section 8 of this Act, airsheds are designated based on areas sharing similar climate,
meteorology, topology, or common interests in development programs. For effective air quality
management, a planning and coordination system is established, and a common action plan is
formulated for each airshed.
To oversee the action plans, a Governing Board is created, led by the Secretary of the Department of
Environment and Natural Resources as chairman. Board members include Provincial Governors,
City/Municipal Mayors, representative from relevant government agencies, people’s organizations, non-
government organizations, and the private sector.
The Board's functions include policy formulation, action plan preparation, coordination among
members, and submission/publication of an annual Air Quality Status Report for each airshed.
The Department, in consultation with local authorities, may periodically revise airshed designations
using eco-profiling techniques and scientific studies.
Emissions trading among pollution sources within an airshed may be permitted.

Section 10. Management of Non-attainment Areas

The Department will identify areas where specific pollutants surpass ambient standards as non-
attainment areas. A program will be developed and implemented to prohibit new sources of exceeded
air pollutants unless existing resources are correspondingly reduced.
In collaboration with relevant government agencies, LGUs will create and implement programs and
measures, including relocation when necessary, to safeguard residents' health and welfare.
For designated non-attainment areas, the Department, in consultation with local authorities, NGOs, POs,
and concerned sectors, may revise the designation and expand coverage based on the area's condition.

Section 11. Air Quality Control Techniques

Concurrently with the issuance of guideline values and standards, the Department, through the research
and development program in this Act, and in consultation with advisory committees, government
agencies, and LGUs, will issue and periodically update information on air pollution control techniques.
This information will cover:
(a) Best available technology and alternative methods for preventing, managing, and controlling air
pollution;
(b) Economically achievable best available technology standards for emission limits, specifically for
existing industrial emitters of nonconventional and toxic pollutants;
(c) Alternative fuels, processes, and operating methods leading to emissions elimination or
significant reduction.
This information may also include data on installation and operation costs, energy requirements,
emission reduction benefits, and environmental impacts of emission control technology.
The issuance of air quality guideline values, standards, and information on air quality control techniques
will be accessible to the general public. It's important to note that providing information on air quality
control techniques does not mandate the public to purchase specific pollution control devices.

Section 12. Ambient Air Quality Guideline Values and Standards

The Department, in collaboration with other relevant agencies, will annually review, revise, and
publish a list of hazardous air pollutants. This list will include corresponding ambient guideline values
and/or standards essential for safeguarding health, safety, and general welfare.
In establishing ambient air quality guideline values and standards, the Department will consider the
latest scientific knowledge, incorporating information on:

(a) Variables, including atmospheric conditions, that may independently or in combination with
other factors affect the impact of such air pollutants on public health or welfare;
(b) Other types of air pollutants that may interact with the pollutant to produce adverse effects on
public health or welfare;
(c) The nature and extent of all identifiable effects on public health or welfare expected from the
presence of such pollutants in varying quantities in the ambient air.

The Department will base these standards on World Health Organization (WHO) standards,
ensuring they are neither limited nor less stringent than the WHO standards.

Section 13. Emission Charge System

The Department, for industrial dischargers, and the Department of Transportation and
Communication (DOTC), for motor vehicle dischargers, will design and impose regular emission fees
based on environmental techniques. These fees will be collected as part of the emission permitting
system or vehicle registration renewal system. The system is intended to incentivize industries and
motor vehicles to mitigate, reduce, or prevent pollution. Fee calculations will consider factors such as
the volume and toxicity of emitted pollutants.
Industries that install pollution control devices or retrofit existing facilities with pollution-reducing
mechanisms may qualify for tax incentives, including but not limited to total credits and accelerated
depreciation deductions.

Section 14. Air Quality Management Fund

The establishment of the Air Quality Management Fund outlined in the provided text highlights
several key features:

(a) Administration: The fund will be administered by the Department and maintained as a special
account in the National Treasury.
(b) Fund Utilization: The fund's primary purposes include financing government operations
related to containment, removal, and clean-up in air pollution cases, ensuring the restoration
of ecosystems and rehabilitation of areas affected by violators of the Clean Air Act,
supporting research, enforcement, and monitoring activities and capabilities of relevant
agencies, and providing technical assistance.
(c) Allocation: The fund may be allocated per airshed, emphasizing a regional approach to
address air quality challenges in specific areas.
(d) Sources of Funding:
 Fines and Damages: The fund will be sourced from fines imposed and damages
awarded to the Republic of the Philippines by the Pollution Adjudication Board (PAB).
 License and Permit Proceeds: Proceeds from licenses and permits issued by the
Department under the Clean Air Act contribute to the fund.
 Emission Fees: Fees collected from emission permits and from motor vehicles
contribute to the fund.
 Donations, Endowments, and Grants: Contributions in the form of donations,
endowments, and grants are accepted.
(e) Tax Exemption: Contributions to the fund are exempted from donor taxes and all other taxes,
charges, or fees imposed by the government.

This fund serves as a dedicated financial resource to address the aftermath of air pollution incidents,
support ongoing air quality management efforts, and promote environmental restoration and
rehabilitation.

Section 15. Air Pollution Research and Development Program

The Department, in collaboration with relevant stakeholders, will establish a National Research and
Development Program to prevent and control air pollution. Special focus will be on developing
industry-wide solutions. The program aims to create air quality standards beyond international
norms, considering socio-cultural, political, and economic implications.

Article Two
Air Pollution Clearances and Permits for Stationary Sources
Section 16. Permits
In accordance with the stipulations of this Act, the Department is vested with the authority to issue
permits deemed necessary for the prevention and reduction of air pollution.
These permits will encompass emission limitations designed for the regulated air pollutants,
contributing to the achievement and sustenance of ambient air quality standards. Functioning as
managerial instruments, these permits will aid Local Government Units (LGUs) in formulating their
action plans for pollution control and prevention.

Section 17. Emission Quotas

The Department is authorized to permit each regional industrial center designated as a special
airshed to distribute emission quotas among qualifying pollution sources within its jurisdiction. This
allocation is contingent upon adherence to an environmental impact assessment system
programmatic compliance program, as specified in the implementing rules and regulations of
Presidential Decree No. 1586.

Section 18. Financial Liability for Environmental Rehabilitation

As part of the environmental compliance certificate requirements, program and project proponents
must establish financial guarantee mechanisms to cover emergency response, cleanup, and
rehabilitation costs for potential damages. The Department has the authority to determine the
specific financial instruments, such as trust funds, environmental insurance, surety bonds, letters of
credit, or self-insurance, and this obligation continues even after the program or project concludes.
The choice of guarantee instruments serves as evidence of compliance with this requirement.

Article Three
Pollution from Stationary Sources

Section 19. Pollution From Stationary Sources

The Department is mandated to conduct a comprehensive review of emission standards for

stationary sources of air pollution within two (2) years of this Act's enactment, and subsequently
every two (2) years or as necessary. The goal is to enhance and refine these standards,
incorporating internationally accepted benchmarks. The emission standards, whether based on
mass rate or other criteria, will serve as the maximum permissible levels of pollutants emitted from
stationary sources. These standards are designed to safeguard public health and welfare, ensuring
they are no less stringent than internationally recognized norms and those set forth in this section.
In accordance with Section 8 of this Act, the Department is mandated to develop a comprehensive
action plan outlining emission standards or performance criteria for each type of pollutant emitted by
stationary sources. This plan will also delineate the procedure for testing emissions and enforcing
these standards.
For existing industries found to exceed the emission rates set by the Department through a credible
and transparent measurement process, a grace period of eighteen (18) months is granted. Within
this timeframe, these industries are required to establish an environmental management system and
install an appropriate air pollution control device. The Department may consider an extension of up
to twelve (12) months on meritorious grounds.

Section 20. Ban on Incineration

Incineration of municipal, biomedical, and hazardous waste, emitting toxic fumes, is prohibited,
except for specific exceptions. Existing incinerators dealing with biomedical waste must phase out
within three years, limiting operations during this period. Local government units must implement
comprehensive waste management, emphasizing segregation and recycling. The Department will
promote advanced, non-burn technologies for handling biomedical and hazardous wastes to address
climate change concerns.

Article Four
Pollution from Motor Vehicles

Section 21. Pollution from Motor Vehicles.

 The DOTC is responsible for implementing the emission standards for motor vehicles
outlined in this Act. The Department will regularly review, revise, and publish these standards
every two (2) years or as needed, aiming to establish maximum limits for major pollutants to
significantly enhance air quality for the well-being of the public.
 The Department, in collaboration with the DOTC, DTI, and LGUs, will formulate an action
plan for controlling and managing air pollution from motor vehicles in line with the Integrated
Air Quality Framework. The DOTC is tasked with enforcing compliance with the emission
standards established by the Department. The DOTC has the authority to inspect and
monitor vehicle emissions, restrict vehicle use in specific areas or times, and authorize
accredited private emission testing centers in collaboration with the DTI.
 The DOTC, in collaboration with the DTI and the Department, will establish procedures for
inspecting motor vehicles and testing their emissions to determine the concentration and/or
rate of pollutants emitted by these sources.
 To reduce emissions from motor vehicles, the DTI, with the DOTC and the Department, will
implement a national inspection and maintenance program. The DTI will set standards,
certify training entities, license service centers and technicians, and enforce regulations for
odometer disclosure and the use of tamper-resistant systems.

Section 22. Regulation of All Motor Vehicles and Engines.

No imported new or locally-assembled new motor vehicle can be registered without complying with
emission standards, confirmed by a Certificate of Conformity from the Department. Imported new
motor vehicle engines must also meet emission standards before introduction, sale, or use. The
same applies to imported used or rebuilt vehicles. Non-compliance may allow modification to meet
standards.
Motor vehicle registration requires passing emission testing within 60 days before registration. The
DTI sets regulations for the useful life of vehicles and engines to ensure ongoing compliance. The
introduction, sale, or use of imported second-hand motor vehicle engines must also adhere to
emission standards set by the law.

Section 23. Second-Hand Motor Vehicle Engines.

Any imported second-hand motor vehicle engine shall not be introduced into commerce, sold or
used unless it complies with emission standards set pursuant to this Act.
 Article Five
Pollution from Other Sources

Section 24. Pollution from smoking.

Smoking is prohibited inside public buildings, enclosed public places, public vehicles, and other
transport means, as well as in enclosed areas outside one's private residence, private workplace, or
designated smoking areas. Implementation of this provision falls under the responsibility of Local
Government Units (LGUs).

Section 25. Pollution from other mobile sources

The Department, in collaboration with relevant agencies, will establish standards for all mobile
sources, excluding those mentioned in Sec. 21. The DOTC has jurisdiction over imposing fines and
penalties for any violation of these emission standards from mobile sources.

Chapter 3
Fuels, Additives, Substances and Pollutants

Article One
Fuels, Additives and Substances

Section 26. Fuels and Additives

As per the Air Quality Framework outlined in Section 7, the Department of Energy (DOE), co-chaired
by the Department of Environment and Natural Resources (DENR), will collaborate with the Bureau
of Product Standards (BPS) of the DTI, the DOST, representatives from the fuel and automotive
industries, academia, and consumers to establish specifications for all fuel and fuel-related products.
These specifications will aim to enhance fuel composition for increased efficiency and reduced
emissions. The BPS will adopt these specifications as Philippine National Standards (PNS). The
DOE will also define the allowable content of additives in fuels based on health and research
studies, and it may limit or phase out additives as deemed necessary. Other relevant agencies will
coordinate with the DOE and share essential documents and information for effective
implementation
The specifications for unleaded gasoline and automotive and industrial diesel fuels will undergo a
review and revision every two (2) years or as necessary to enhance formulation, aligning with the
provisions of this Act. These fuels must be commercially available and serve as reference fuels for
emission and testing procedures established in accordance with the Act. Proposed additives must
not increase emissions of regulated gases, such as carbon monoxide, hydrocarbons, oxides of
nitrogen, and particulate matter, to gain approval and certification from the Department.

Section 27. Regulation of Fuels and Fuel Additives.

The DOE, in collaboration with the Department and the BPS, will oversee the regulation of fuel and
fuel additives. No manufacturer, processor, or trader may import, sell, offer for sale, or introduce into
commerce any fuel or additive without registering it with the DOE. Prior to registration, the
manufacturer, processor, or trader must provide relevant information, including product identity and
composition, analytical techniques for detection and measurement, recommended concentration
range, and the purpose of using the fuel and additive.
Section 28. Misfueling

To prevent the disabling of emission control devices, it is prohibited to introduce leaded gasoline into
any motor vehicle labeled "unleaded gasoline only" or designed solely for unleaded gasoline use.

Section 29. Prohibition on Manufacture, Import and Sale of leaded Gasoline and of Engines
and/or Components Requiring Leaded Gasoline

Within eighteen (18) months of this Act's enactment, it is prohibited to manufacture, import, sell,
offer, or dispose of leaded gasoline and engines/components requiring it. For existing vehicles, DTI
will establish standards and procedures for non-conforming engines to comply with unleaded fuel
within five (5) years.

Article Two
Other Pollutants

Section 30. Ozone-Depleting Substances

The Department shall phase out ozone-depleting substances in line with international agreements.
Within sixty (60) days of this Act's enactment, it will publish a list of substances harmful to the
stratospheric ozone layer.

Section 31. Greenhouse Gases.

The Philippine Atmospheric, Geophysical and Astronomical Service

PAGASA will monitor meteorological factors, including ozone depletion and greenhouse gases,
coordinating with the Department. A national plan, aligning with international agreements on
greenhouse gas reduction, will be developed and implemented by the Department, concerned
agencies, and local government units.

Section 32. Persistent Organic Pollutants

Within two years of this Act, the Department will create an inventory of Persistent Organic Pollutants
(POPs) sources in the country. National programs to reduce and eliminate POPs, including dioxins
and furans, will be developed within a year after establishing the inventory list.

Section 33. Radioactive Emissions

The Philippine Nuclear Research Institute (PNRI), in coordination with the Department and other
relevant government agencies, shall regulate projects involving the use of atomic and/or nuclear
energy that release radioactive substances into the environment. This regulation is for the protection
of public health and welfare.
 Chapter 4
Institutional Mechanism

Section 34. Lead Agency

The Department, unless otherwise specified in this Act, will be the main government agency tasked
with implementing and enforcing its provisions. The Environmental Management Bureau (EMB) of
the Department will be temporarily converted from a staff bureau to a line bureau, with a duration of
no more than two (2) years, unless a distinct, comprehensive environmental management agency is
established.

Section 35. Linkage Mechanism

The Department shall engage in consultations, collaboration, cooperation, and agreements with
other government agencies, affected non-governmental organizations (NGOs) or people's
organizations (POs), or private enterprises to advance the objectives of this Act.

Section 36. Role of Local Government Units

Local Government Units (LGUs) shall share the responsibility for managing and maintaining air
quality within their jurisdiction. Following the standards set by the Board in accordance with Sections
7, 8, and 9 of this Act, LGUs shall implement air quality standards within their areas. In the absence
of a duly constituted Board and its standards, the standards outlined in this Act shall apply.
The Department shall offer technical assistance, training, and an ongoing capability-building
program to empower LGUs in administering air quality management and regulation within their
territorial jurisdiction.

Section 37. Environmental and Natural Resources Office

An Environment and Natural Resources Office may be established in each province, city, or
municipality, headed by the environment and natural resources officer appointed by the Chief
Executive in accordance with Republic Act No. 7160, Section 484. The office's powers and duties
include:
(a) Preparing comprehensive air quality management programs, plans, and strategies within the
limits of Republic Act No. 7160 and this Act, subject to approval by the sanggunian;
(b) Providing technical assistance and support to the governor or mayor for ensuring basic
services and adequate facilities related to air quality;
(c) Taking the lead in all efforts related to air quality protection and rehabilitation;
(d) Recommending air quality standards to the Board, not exceeding the maximum permissible
standards set by relevant laws.
(e) Coordinating with government agencies and non-governmental organizations to implement
measures for preventing and controlling air pollution; and
(f) Exercising other powers and performing duties as prescribed by law or ordinance. In areas
without environment and natural resources officers, the local executive may designate a
qualified official or chief of office, preferably the provincial, city, or municipal agriculturist, or
any experienced employee.
Section 38. Record-keeping, Inspection, Monitoring and Entry by the Department

The Department or its accredited entity may, after consultation and notice, require individuals owning
or operating emissions sources under this Act to:

(a) Establish and maintain relevant records;

(b) Submit relevant reports;
(c) Install, use, and maintain monitoring equipment or methods;
(d) Sample emissions as per the Department's guidelines;
(e) Keep records on control equipment parameters or other relevant data;
(f) Provide additional information as required by the Department.

The Department, through its authorized representatives, has the right to:

(a) Enter premises, access documents, and collect relevant materials;

(b) Inspect pollution or waste sources, control devices, and monitoring equipment;
(c) Test emissions.

Information obtained may be made public, unless it reveals protected intellectual property. It will also
be incorporated into the Department's industrial rating system.

Section 39. Public Education and Information Campaign

The Department, in collaboration with DECS, DILG, DA, and PIA, will conduct an ongoing air quality
information and education campaign. Aligned with Sec. 7 of this Act, the campaign will involve
various government agencies and private stakeholders, including NGOs, POs, the academe,
environmental groups, and other entities, in a multi-sectoral effort.

Chapter 5
Actions

Section 40. Administrative Action

The Department, either independently or in response to a verified complaint, shall initiate

administrative proceedings against any person found to be in violation of the standards, limitations,
orders, rules, or regulations outlined in this Act.

Section 41. Citizen Suits

Any citizen has the right to file a civil, criminal, or administrative action against:

(a) Individuals violating this Act or its implementing rules;

(b) The Department or other implementing agencies for inconsistent orders, rules, or regulations;
(c) Public officers for willful neglect or abuse of authority related to this Act.

No suit can be filed until a 30-day notice has been given. The court may exempt the action from filing
fees and injunction bond if a prima facie showing of non-enforcement or violation is demonstrated.
Within 30 days, the court shall determine if the complaint is malicious or baseless, with appropriate
consequences.
Section 42. Independence of Action.

The filing of an administrative suit against such person/entity does not preclude the right of any other
person to file any criminal or civil action. Such civil action shall proceed independently.

Section 43. Suits and Strategic Legal Actions Against Public Participation and the
Enforcement of This Act

If a legal action is brought against a person who filed a complaint under Sec. 41 or against anyone
implementing this Act, the investigating prosecutor or the court must determine within thirty (30) days
if the action is meant to harass or stifle legal recourse. If such intent is found, the court shall dismiss
the case and award attorney's fees and double damages. This provision also applies to public
officers sued for acts in their official capacity, as long as there is no grave abuse of authority and the
actions were taken in the course of enforcing this Act.

Section 44. Lien Upon Personal and Immovable Properties of Violators

If a legal action is brought against a person who filed a complaint under Sec. 41 or against anyone
implementing this Act, the investigating prosecutor or the court must determine within thirty (30) days
if the action is meant to harass or stifle legal recourse. If such intent is found, the court shall dismiss
the case and award attorney's fees and double damages. This provision also applies to public
officers sued for acts in their official capacity, as long as there is no grave abuse of authority and the
actions were taken in the course of enforcing this Act.

Chapter 6
Fines and Penalties

Section 45. Violation of Standards for Stationary Sources

For actual violations of pollution or air quality standards as per this Act or its regulations, the
Department, through the Pollution Adjudication Board (PAB), may impose fines not exceeding One
hundred thousand pesos (P100,000.00) per day of violation on the owner or operator of a stationary
source until compliance is achieved.
The PAB will develop a fine rating system, considering factors like the violator's ability to pay,
willfulness, negligence, compliance history, and recalcitrance. In cases of negligence, the initial fine
may be halved, considering the first-time offender's ability to pay. These fines will be subject to a
minimum ten percent (10%) increase every three (3) years to adjust for inflation and maintain their
deterrent effect.
In addition to fines, the PAB may order the closure or suspension of activities in stationary sources
until proper environmental safeguards are established. A third offense may lead to permanent
closure. An immediate ex parte order for closure, suspension, or cessation of operations may be
issued in cases of imminent threats to life, public health, safety, or general welfare, or for violations
of emission standards.

Section 46. Violation of Standards for Motor Vehicles

Motor vehicles are required to meet emission standards set by the Department of Transportation and
Communication (DOTC) for registration. Suspected emission violators, identified by visual signs like
smoke-belching, undergo tests at authorized centers. The DOTC establishes a roadside inspection
system. If a vehicle exceeds standards, it may be impounded until penalties are paid, and repairs
are made, with fines and potential registration suspension. The DOTC can issue a temporary pass
for necessary repairs. Penalties for violators include fines and, for a third offense, a one-year
registration suspension. Violations of the national inspection and maintenance program may result in
fines or license cancellations for technicians and centers. Law enforcement officials must undergo
mandatory training on emission standards. The regulations aim to control emissions, penalize
offenders, and ensure compliance through inspection, testing, and training.

Section 47. Fines and Penalties for Violations of Other Provisions in the Act

Violations of any other provisions outlined in this Act, along with their corresponding rules and
regulations, will result in a fine ranging from Ten Thousand Pesos (P10,000) to One Hundred
Thousand Pesos (P100,000) or imprisonment for a period ranging from six (6) months to six (6)
years, or both. In cases where the offender is a juridical person, the penalty will be applied to the
president, manager, directors, trustees, pollution control officer, or officials directly responsible for
the operations.

Section 48. Gross Violations

In instances of severe violations of this Act or its corresponding rules and regulations, the Pollution
Adjudication Board (PAB) is empowered to recommend the filing of criminal charges against the
offenders to the relevant government agencies. The PAB will also provide assistance to the public
prosecutor during litigation. Gross violation is defined as:

(a) Three (3) or more specific offenses within a one-year period.

(b) Three (3) or more specific offenses occurring over three consecutive years.
(c) Blatant disregard of PAB orders, including but not limited to breaking seals, padlocks, or
operating despite orders for closure.
(d) Causing irreparable or grave environmental damage due to a violation of this Act.

Offenders will face imprisonment ranging from not less than six (6) years to not more than ten (10)
years, as determined by the court. In cases involving juridical persons, the penalty extends to the
president, manager, directors, trustees, pollution control officer, or officials directly responsible for
operations.

Chapter 7
Final Provisions

Section 49. Potential Loss or Shifts of Employment

The Secretary of Labor is hereby authorized to establish a compensation, retraining and relocation
program to assist workers laid off due to a company's compliance with the provisions of this Act.

Section 50. Appropriations

An initial appropriation of Seven Hundred Fifty Million Pesos (P750,000,000.00) is allocated for the
initial implementation of this Act. The distribution of funds is as follows: Three Hundred Million Pesos
(P300,000,000.00) to the Department, Two Hundred Million Pesos (P200,000,000.00) to the
Department of Trade and Industry (DTI), One Hundred Fifty Million Pesos (P150,000,000.00) to the
Department of Transportation and Communication (DOTC), and One Hundred Million Pesos
(P100,000,000.00) to the Department of Energy (DOE).
Subsequently, the General Appropriations Act will include the necessary funds to effectively carry
out the provisions of this Act.

Section 51. Implementing Rules and Regulations

The Department, in collaboration with the Committees on Environment and Ecology of the Senate
and House of Representatives, along with other relevant agencies, is tasked with formulating the
implementing rules and regulations for this Act. These rules and regulations are to be established
within one (1) year from the enactment of this Act. It is specified that rules and regulations issued by
other government agencies and instrumentalities, aimed at preventing or abating pollution and not
conflicting with this Act, will complement the rules and regulations issued by the Department in
accordance with the provisions of this Act.

Section 52. Report to Congress

The Department is required to submit an annual report to Congress, no later than March 30 each
year after the approval of this Act. This report should detail the progress made in pollution control
efforts and include recommendations for legislative action in areas where such action is deemed
necessary.

Section 53. Joint Congressional Oversight Committee

A joint congressional oversight committee is established to oversee the implementation of this Act.
The committee will consist of five (5) senators and five (5) representatives appointed by the Senate
President and the Speaker of the House of Representatives, respectively. The oversight committee
will be co-chaired by a senator and a representative designated by the Senate President and the
Speaker of the House of Representatives, respectively.

It is emphasized that the mandate granted to the joint congressional oversight committee under this
Act does not negate or interfere with the duties and functions of the existing oversight committees of
the Senate and the House of Representatives. The joint committee's role is supplementary and does
not prejudice the responsibilities of the respective oversight committees of each legislative chamber.

Section 54. Separability of Provisions.

In the event that any provision of this Act or its application to a specific person or circumstance is
deemed unconstitutional, the remaining portions of the Act or the application of the provision to other
persons or circumstances shall not be impacted by such declaration. The unaffected portions of the
Act will continue to remain valid and enforceable.

Section 55. Repealing Clause

Presidential Decree No. 1181 is repealed by this Act. Presidential Decrees Nos. 1152, 1586, and
Presidential Decree No. 984 are partially modified. Additionally, all other laws, orders, issuances,
rules, and regulations that are inconsistent with this Act are hereby repealed or modified accordingly.
Section 56. Effectivity

This Act will be in effect fifteen (15) days from the date of its publication in the Official Gazette or in
at least two (2) newspapers of general circulation.

Approved, June 23, 1999.

Source: https://lawphil.net/statutes/repacts/ra1999/ra_8749_1999.html

Summarization:

Republic Act No. 8749, otherwise known as the Philippine Clean Air Act, is a comprehensive air
quality management policy and program which aims to achieve and maintain healthy air for all
Filipinos.

WHAT CAN WE DO TO HELP CLEAN AIR ENVIRONMENT?

For vehicle owners/motorist:

 Maintain your vehicle by changing oil regularly (every 5,000 kilometers).

 Keep the engine well-tuned following the owner’s manual.
 Keep tires properly inflated.
 Plan trips and observe proper driving habits.
 Remove unnecessary things from the trunk. Don’t overload and travel only at speed
required by traffic regulations and road conditions.

For commuters:

 Try talking to the jeep/bus/tricycle driver about the high health risks of poor vehicle
maintenance and improper driving practices.
 Patronize mass railway transit (i.e., MRT, LRT)

For office workers:

 Reduce use of air conditioning and ensure that rooms are sealed.
 Make sure that lights are energy-efficient.
 Use company vehicles wisely and make sure that they are well-maintained.
 Use natural lighting by opening window curtains at daytime.

At home:

 Use low watt bulbs or energy-saving lights.

 Limit the use of air conditioning units and keep the temperature a few degrees higher.
 Don’t burn garbage.
 Avoid using aerosols.
 Properly dispose of refrigerant, refrigeration equipment, and used coolant.

For everyone:
  Talk to people on what they can do about air pollution.
 Report smoke-belchers to LTO, MMDA, and/or the appropriate local government units.
 Walk or ride your bike to places.
 Take the bus or mass rail transit whenever you can.
 Work with residential associations to stop burning of garbage.
 Plant trees.
 Spread the word about the ban on smoking in public places.

WHAT WILL BE DONE TO POLLUTING INDUSTRIES?

A fine of not more than P100,000 for every day of violation shall be charged against the owner of a
stationary source, until such time that standards have been met.

For gross violation, the penalty is imprisonment of not less than six years but not more than 10
years upon the discretion of the court. At the same time, the Pollution Adjudication Board (PAB)
could close the firm through the issuance of a Cease and Desist Order.

There is gross violation of the law or its rules when any of the following occurs:

1. Three or more specific offenses within a period of one year.

2. Three or more offenses within three consecutive years.

3. Blatant disregard of the orders of the PAB, such as, but not limited to the breaking of seals,
padlocks and other similar devices, or operating despite the existence of an order for closure,
discontinuance or cessation of operation.

4. Irreparable or grave damage to the environment as a consequence of any violation or

omission of the provisions of the Act or its IRR.