Republic Act No. 8749 Philippine Clear Air Act of 1999 In Partial Fulfillment of Requirements Health Care: Philippine Setting Preventive Medicine III Department of Preventive, Family and Community Medicine Faculty of Medicine and Surgery University of Santo Tomas Rafael P. Bantayan, Jr. MD What is R.A. 8749? • Known as "Philippine Clean Air Act of 1999." • An act providing for a comprehensive air pollution control policy and for other purposes. • Contains 7 chapters and 56 sections • Approved on June 23, 1999 • The State shall protect and advance the right of the people to a balanced and healthful ecology by promoting and protecting the environment • The State recognizes the primary responsibility of local government units in dealing with environmental problems. • The State also recognizes that the responsibility of cleaning the habitat and environment is primarily area-based. • The State also recognizes the principle that "polluters must pay". • Finally, the State recognizes that a clean and healthy environment is for the good of all and should therefore be the concern of all The State shall pursue a policy of balancing development and environmental protection. • The right to breathe clean air • The right to utilize and enjoy all natural resources • RIGHTS also EMPOWER PEOPLE! 1. The right to participate in the formulation, planning, implementation and monitoring of environmental policies and programs. 2. The right to participate in the decision-making process concerning development policies, plans and programs. Air Pollutant and Air Pollution 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 eg. Smoke Dust Soot Cinders Gases Fumes chemicals Radioactive substances Air Pollution • means any alteration of the physical, chemical and biological properties of the atmospheric air which will render the air resources of the country harmful, detrimental, or injurious to public health, safety or welfare or which will adversely affect their utilization. Air Quality Monitoring and Information Network • Annual National Air Quality Status Report: - basis in formulating the Integrated Air Quality Improvement Framework It shall include, but is not limited to the following: a) Extent of pollution in the country, per type of pollutant and per type of source b) Analysis and evaluation of the current state, trends and projections of air pollution at the various levels c) Identification of critical areas, activities, or projects which will need closer monitoring or regulation d) Recommendations for necessary executive and legislative action e)Other pertinent qualitative and quantitative information concerning the extent of air pollution and the air quality performance rating of industries in the country. Integrated Air Quality Improvement Framework • the official blueprint with which all government agencies must comply with to attain and maintain ambient air quality standards. Air Quality Control Action Plan. • shall include control strategies and control measures to be undertaken within a specified time period necessary for the effective control and abatement of air pollution. Air Quality Control Action Plan. • In addition to direct regulations, the plan shall be characterized by a participatory approach to the pollution problem. Airsheds • the designation of airsheds: - shall be on the basis of, but not limited to, areas with similar climate, meteorology and topology or areas which share common interest or face similar development programs, prospects or problems. Management of Non-attainment Areas • areas where specific pollutants have already exceeded ambient standards. Management of Non-attainment Areas • The Department shall prepare and implement a program that will prohibit new sources of exceeded air pollutant without a corresponding reduction in existing sources. • It will also implement a program and other measures including relocation, whenever necessary, to protect the health and welfare of residents in the area. CLEAN AIR ACT • The department as well as the government agencies and the like should be updated on the technology available regarding air quality control, and accordingly, inform the public about it. • An updated and annual list of hazardous pollutants with corresponding guideline values and its potential health risks should be made available to the public CLEAN AIR ACT • Emission charges shall be imposed to the industries as well as private owners of vehicles that emit pollutants, and thus encourage them to help lessen the pollution • Funds collected from the emission charges, and also from donations, will then be used to finance the clean up operations CLEAN AIR ACT • The department, with the help from DOST and private agencies, shall conduct research on how to minimize and control air pollution CLEAN AIR ACT The department has the authority to issue permits to industries that may emit pollutants, however, these permits will cover the emission limitations for the regulated air pollutants The industries are required to have financial guarantee mechanisms for emergency purposes; if and when they breach the agreement and cause harm to the environment CLEAN AIR ACT • Any new vehicles, imported or locallyassembled, as well as second-hand vehicles, will not be registered unless it complies to the emission standards set by the department CLEAN AIR ACT • Smoking in public places is strictly prohibited! Fuels and Additives Improvement of fuel composition for increased efficiency and reduced emissions – Department of Health (DOH) – Department of Environment and Natural Resources (DENR) – Bureau of Product Standards (BPS) of the DTI – DOST – representatives of the fuel and automotive industries, academe and the consumers Fuels and Additives • DOE (Department of Energy) – Allowable content of additives – Based on threshold levels of health and research studies – Limit content or begin phase-out of additives Fuels and Additives • Additives shall not in any way increase emissions of any of the regulated gases – carbon monoxide, hydrocarbons and oxides of nitrogen and particulate matter Fuels and Additives • Department shall phase out ozone depleting substance • PAGASA – monitor and effectively guide air pollution monitoring reduced greenhouse gas emissions • reduce and eliminate Persistent Organic Pollutants (POPs) such as dioxins and furans • Radioactive emissions should be regulated in the interest of public health and welfare Institutional Mechanism Local government units (LGUs) shall share the responsibility in the management and maintenance of air quality within their territorial jurisdiction Department should have a training program designed to teach LGUs to undertake full administration of air quality management Institutional Mechanism • There should be Environment and Natural Resources Office in every province, city, or municipality • Roles: – prepare comprehensive air quality management programs, plans and strategies – provide technical assistance and support to the governor or mayor – take the lead in all efforts concerning air quality protection and rehabilitation Institutional Mechanism • Roles: – recommend to the Board air quality standards – coordinate with other government agencies and non-governmental organizations in the implementation of measures to prevent and control air pollution Actions • Any person who has violated the standards, rules and regulations of the act shall undergo administrative proceedings. • any citizen may also file a civil, criminal or administrative suit against any person, department or public officer.