LECTURE-OUTLINE ON THE PHILIPPINE CLEAR AIR ACT OF 1999

(REPUBLIC ACT 8749)

By: Atty. Benjamin A. Cabrido Jr.
Professor on Environmental Law
University of San Jose Recoletos
6000 Cebu City, Philippines

I. THE PRESENT ATMOSPHERE

78% Nitrogen
21% Oxygen (O2)
0.9% Argon
0.03% Carbon Dioxide and trace amounts of other gases
Air Pressure:
- Sea Level: 14.7 Psi
- Altitude of 10T Feet: 10 Psi

LAYERS OF ATMOSPHERE:
EXOSPHERE Outermost layer (640-1,280 Km from surface
IONOSPHERE Starts from 70-80 Km high and continues up to
640 Km
MESOSPHERE Characterized by temperatures that quickly
decreases as height increases; extends from between
50-80 Km. above earths surface
STRATOSPHERE Characterized by slight temperature increase
altitude and the absence of clouds; extends between 17-50
Km above the earths surface
TROPOPAUSE Boundary zone between the troposphere and the
stratosphere
TROPOSPHERE The lowest region in earths atmosphere; it
starts from ground level up to 17 km high

II. HISTORICAL ATMOSPHERE

Earth believed to have formed 5B year ago
In the initial 500M years, dense atmosphere emerged from vapor and gases due to
degassing of the planets interior
Prior to 3.5B years ago, atmosphere consisted of CO2, CO, H2O, N2 and Hydrogen
Hydrosphere formed 4B years ago from condensation of water vapor resulting to oceans
of water
Absence of Free Oxygen

III. FORMATION OF OZONE LAYER

1B years ago, early aquatic organisms (blue algae) began using sun energy to split
molecule of H2O and CO2 and recombine them into organic compounds and molecular oxygen
(O2) process known as photosynthesis
High in the atmosphere, some O2 molecules absorbed energy from suns ultraviolet rays
and split to from single oxygen atoms (O)
1B years ago, early aquatic organisms (blue algae) began using sun energy to split
molecule of H2O and CO2 and recombine them into organic compounds and molecular oxygen
(O2) process known as photosynthesis
High in the atmosphere, some O2 molecules absorbed energy from suns ultraviolet rays
and split to from single oxygen atoms (O)
O atoms combined with remaining O2 to form O3 molecules (OZONE)
O3 are very effective at absorbing UV rays
Thin layer of ozone acts as a shield protecting Earth from irradiation by UV light
Amount of ozone required to shield Earth from biologically lethal UV radiation: 200-300
nanometer
The ozone layer existed 600 M years ago
Oxygen level at this time: only 10%
Prior to this period life on Earth restricted to Oceans
The presence of ozone enabled organisms to develop and live on dry land
OZONE PLAYED KEY ROLE IN EVOLUTION OF LIFE ON EARTH!

III. AIR QUALITY PRINCIPLES (Sec. 2)

 State to protect and advance the right of the people to a balanced and healthful ecology
in accord with the rhythm and harmony of nature (Sec. 16, Art. II, Phil. Constitution)
Sustainable Development
Area-based Responsibility
Polluters-Must-Pay
GOOD FOR ALL-CONCERN FOR ALL.

IV. AIR QUALITY POLICIES (Sec. 3)

Holistic (Comprehensive) National Program
Self-Regulation
Pollution Prevention not Control
Public Education and Participation
System of Accountability & Setting up of Air Quality Management Fund

V. DEMANDABLE RIGHTS
To breathe clean air
To utilize and enjoy natural resources in accord with sustainable development principle
To participate in the formulation of environmental policies
To participate in decision-making
To be informed on the nature and extent of potential hazard and to be served of
TIMELY notice
To access public records (See Sec. 8, Art. III, 1987 Phil. Constitution)
To enjoin activities that violate environmental laws and regulations
To compel rehab and clean up
To seek imposition of penalties against violators
To seek compensation by way of personal damages

VI. WHAT IS AN AIR POLLUTANT?

Any matter found in the atmosphere other than;
- Oxygen
- Nitrogen
- Water Vapor
- Carbon Dioxide; and
- Inert Gases IN THEIR NATURAL AND
NORMAL CONCENTRATIONS
- Detrimental to health or Environment
- Includes (but not limited to):
SMOKE DUST SOOT CINDER
FLY ASH SOLID PARTICLES (ANY KIND) GASES FUMES CHEMICAL MISTS
CONTAMINATED STEAM RADIOACTIVE SUBSTANCES

VII. WHAT IS AIR POLLUTION?

1) any alteration of the
-physical
-chemical
-biological properties of the atmospheric air; or
2) any discharge into the atmosphere of any liquid, gaseous, or solid substances that:
- will or likely create or render the air resources harmful, detrimental, or injurious to
public health, safety or welfare; or
- will adversely affect their utilization

VIII. AMBIENT AIR QUALITY STANDARD

The concentration of an air pollutant which, in order to protect public health and/or
public welfare, shall not be exceeded in the breathing zone, at any time.
This is enforceable upon the owner or person in-charge of an industrial operation,
process or trade.
IX. GREENHOUSE GASES
Those gases that can potentially or can reasonably be expected to induce global
warming, including:
- carbon dioxide
- oxides of nitrogen
- chloroflourcarbons
- and the like

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X. HAZARDOUS SUBSTANCES
Those that present:
1) short-term acute hazards, e.g. acute toxicity by ingestion, inhalation or skin
absorption, corrosivity or other skin or eye contact or the risk of fire explosion; or
2) long-term toxicity thru:
- repeated exposure
- carcinogecity
- resistance to detoxification process, e.g. biodegration
- the potential to pollute underground or surface water

XI. KINDS OF WASTES THAT MAY AFFECT AIR QUALITY

INFECTIOUS WASTES
PATHOLOGICAL WASTES
PHARMACEUTICAL WASTES
CHEMICAL WASTES
MEDICAL WASTES
MUNICIPAL WASTES

XII. MEDICAL WASTES

Materials generated as a result of patient diagnosis, treatment, or immunization of
human beings or animals.

XIII. MUNICIPAL WASTES

The waste materials generated from communities within a specific locality

XIV. OCTANE REQUIREMENT OF VEHICLES

OCTANE RATING OR ANTI-KNOCK INDEX = Research Octane Number (RON) + Motor
Octane Number 2
- The octane requirement of automobiles shall refer to the minimum octane rating the
manufacturer sets for efficient operation for the vehicle without knocking

XV. OZONE DEPLETING SUBSTANCES (ODS)

Those that deplete or modify significantly the ozone layer resulting to adverse effects of
humans and the environment, e.g. chloroflourocarbons, halons, etc.

XVI. PERSISTENT ORGANIC POLLUTANTS (POPS)

The organic compounds that:
- Persist in the environment
- Bioaccumulate through the food web; and
-Pose a risk of causing adverse effects to human health and the environment
Characteristics: Resist photolytic, chemical and biological degradation.
Examples: Dioxin, Furan, Polychlorinated Biphenyls (PCBs), Organochloride Pesticides (e.g. aldrin,
dieldrin, DDT, hexachlorobenzene, lindane, etc.)

XVII. POISONOUS AND TOXIC FUMES

-Emissions and fumes beyond internationally-accepted standards

XVIII. AIRSHED (Sec. 9)

Refers to areas with common weather or meteorological conditions and sources of air
pollution which affect the interchange and diffusion of pollution in the surrounding atmosphere.

XIX. INCINERATION
Means the burning of municipal, bio-medical and hazardous wastes which process emits
toxic and poisonous fumes (?)
Case: MMDA V. JANCOM, G.R. 147465, Jan. 30, 2002
Ruling: Sec. 20 does not absolutely prohibit incineration as a mode of waste disposal;
rather only those burning processes which emit poisonous and toxic fumes are banned.

XX. BAN ON INCINERATION (Sec. 20)

Only those processes that emit poisonous and toxic fumes
Exceptions (Even if emitting poisonous and toxic fumes):
- Traditional small-scale method of community/neighborhood sanitation siga

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 - Traditional agricultural, cultural, health and food preparation
- Crematoria

XXI. NORMAL CUBIC METER (NCM)

Means the volume of dry gas which occupies a cubic meter measured at 25C at an
absolute pressure equivalent to 760 mm Hg

XXII. NATIONAL MOTOR VEHICLE INSPECTION PROGRAM

Activities/efforts designed to reduce the damaging impact of air pollution and unsafe
vehicles on health and safety of the people, thru adoption of standards for emission and vehicle
safety, and series of measures to ensure compliance.

XXIII. NATIONAL AMBIENT AIR QUALITY GUIDELINES

VALUES (Short Term)
Suspended Particulate Matter (TSP - 230 mg/NCM; PM 150 mg/NCM at 24-hr
averaging time)
Sulfur Dioxide (180 mg/NCM; 0.07 PPM at 24-hr averaging time)
Nitrogen Dioxide (150 mg/NCM); 0.08 PPM)
Photochemical Oxidants as Ozone (140 mg/NCM; 0.08 PPM at 1 hr. average time or 60
mg/NCM; 0.03 at 8-hr. average time)
Carbon Monoxide (35 mg/NCM; 30PPM at 1 hr. averaging time or 10 mg/NCM; 9 PPP at
8-hr. averaging time)
Lead (1.5 mg/NCM at 3-month averaging time)

XXIV. ATTAINMENT AREAS

Areas where existing ambient air quality is at or below NAAQGV
Requirement in Attainment Areas: Existing sources must comply with National Emission
Standards for Source Specific Air Pollution and Ambient Air Quality Standards (Sec. 1 Rule IX,
IRR)
To submit Compliance Plan within 2 mos. from notice of non-compliance

XXV. NON-ATTAINMENT AREAS

Those where existing ambient air quality is NOT IN CONFORMANCE with NAAQGV (Sec.
1, Rule XI, IRR)
Special consideration given to densely populated areas where greater number of people
may be exposed to unhealthy air
Relative designation

XXVI. EMISSION CHARGE SYSTEM (Sec. 13)

Application of Polluters-must-pay principle
Regular emission fees imposed on dischargers
Based on the volume and toxicity of any emitted pollutant
Tax incentives to industries installing pollution control devices or retrofit

XXVII. AIR QUALITY MANAGEMENT FUND (Sec. 14)

Sources: Air Emission Charges, Fines and Penalties, Grants, % from Program Loan for
MM Air Quality Improvement Sector Development Program
Uses: Purchase of Equipment re Air Quality Monitoring, Reporting or Management;
Public Awareness Campaigns; Research; Remunerations

XXVIII. PERMITS REQUIRED (Rule XIX, IRR)

Coverage: All Sources
Authority to Construct
Permit to Operate
Assignment of Valid Permit
Renewal
Others

XXIX. AUTHORITY TO CONSTRUCT (Sec. 3, Rule XIX, IRR)

Covered: All proposed construction/modification of sources with potential to emit 100
tons/year or more of any of the regulated pollutants
Engineering Report on plant description & operations

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 Plans & Specs of installation and control facilities
Air Quality Impact Analysis
Vicinity Map

XXX. PERMIT TO OPERATE (Sections 4 & 5, Rule XIX, IRR)

Conversion of ATC to Permit to Operate within 60 days from startup
General Rule: 1 Permit per source
Exception: Facilities with more than one source may group the sources under one Permit
provided the requisites under Sec. 5 are met

XXXI. GROUNDS FOR SUSPENSION /REVOCATION OF PERMIT

Violation of any provision of the Act
False or inaccurate information leading to issuance or in the required monitoring
data/reports
Refusal to allow inspection
Non-payment of fees
Other valid grounds

XXXII. FINANCIAL LIABILITY FOR REHABILITATION (RULE XX)

Proponent to put up Financial Guarantee Mechanisms to finance emergency response,
clean-up, rehab
Continuing Liability even after project termination
In the form of Trust Fund, Environmental Insurance, Surety Bonds, Letters of Credits,
Self- Insurance

XXXIII. EMISSION AVERAGING (Rule XXI)

Facilities with multiple sources may avail of emission averaging for compliance purposes
Requisites:
- Facilities are within a contiguous property
- Owned by the same entity
- Enforceable Compliance Plan
- Installation of Continuous Emission Monitoring System (CEMS)

XXXIV. EMISSION TRADING (Rule XXII)

Emission Trading allowed among Pollution Sources for compliance purposes whether
within or different airsheds
Requisites:
- Enforceable Compliance Plan
- Installation of approved CEMS at source used to generate emission reduction credits

XXXV. TAX INCENTIVES (Rule XXIII)

Covered: Industries with Pollution Control Devices or with Retrofit Mechanisms that
reduce pollution
Nature:
- Tax Credits
- Accelerated depreciation deductions

XXXVI. RIGHT TO ENTER PREMISES (Sec. 2, Rule XXIV)

Right to enter any premises or to access documents and materials required from any
person who owns or operates any emission source
Right to inspect any pollution or waste source, control device, monitoring equipment or
method required
Right to test emission

XXXVII. PUBLIC CHARACTER OF THE RECORDS

All documents relating to relevant reports and records as required in Sec. 1 Rule XXIV
are to be available to the public for inspection (Sec. 3, Rule XXIV)

XXXVIII. POLLUTION FROM STATIONARY SOURCES

National Emission Standards for Source Specific Air Pollutants (NESSAP) applicable in
general to any trade, industry process, fuel-burning equipment or industrial plant emitting air
pollutant to be measured at the point of emission (See Table 2, Sec. 1 Rule XXV)

XXXIX. Table 2. NATIONAL EMISSION STANDARDS FOR SPECIFIC AIR POLLUTANTS (NESSAP)

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 Antimony & its cmpds. 10 as Sb (Any source)
Arsenic & its cmpds. 10 as As (Any source)
Cadmium & its cmpds. 10 as Cd (Any source)
Carbon Monoxide 500 as Co (Any industrial source)
Copper & its cmpds. 100 as Cu ( Any industrial source
Hydrofluoric Acid and Fluoride Cmpds 50 as HF (Any source except Aluminum
manufacturer
Hydrogen Sulfide
a) Geothermal Power Plants not more than 150 g/GMW-Hr for new; 200 g/GMW-hr for
existing
b) Geothermal Exploration and Well Testing Best Available Control Technology
a) Any other source -7 as H2S
Lead 10 as Pb (Any trade, industry, process)
Mercury 5 as elemental Hg (Any source)
Nickel & its cmpds. except Nickel Carbonyl 20 as Ni (Any source)
NOx
a) Manufacturer of Nitric Acid 2,000 as acid & NO2
b) Fuel Burning Steam Generators 1,500 as NO2
b.1) Existing 1,000 as NO2
b.2) New Source
Coal-fired 500 as NO2
Oil-fired 500 as NO2
c) Diesel-powered Electricity Generators 2,000 as NO2
d) Any other source: Existing 1,000 NO2; New 500 NO2
Particulates:
a) Fuel-burning equipment - 150
- Urban/Industrial Area: 200
- Other Areas: 150
b) Cement Plants (Kilns, etc.) 150
c) Smelting Furnaces 200
d) Other Stationary Sources - 200
Phosphorus Pentoxide 200 as P2O5
Sulfur Oxides:
1. Existing Sources
a) Manufacture of Sulfuric Acid/Sulfation Process 2,000 as SO3
b) Fuel-Burning Equipment 1,500 as SO2
c) Other Stationary Sources 1,000 as SO3
2. New Sources
a) Manufacture of Sulfuric Acid/Sulfation Process 1,500 as SO3
b) Fuel-Burning Equipment 700 as SO2
c) Other Stationary Sources 200 as SO3
Zinc and its cmpds. 100 as Zn

XL. VISIBLE EMISSION STANDARDS FOR SMOKE AND OPACITY

OPACITY OF LIGHT OR DARK SMOKE = not to appear darker than shade 1 on the
Ringelmann Chart nor 20% opacity under USEPA Method 9
EXCEPTIONS:
- emission for less than 5 minutes in a period of 1 hour but must not exceed a total of 15
minutes in any 24-hour period and opacity not be darker than shade 3 of the chart
- emissions due to cold-start and up-set conditions

XLI. VISIBLE EMISSION STANDARDS FOR SMOKE AND OPACITY

OPACITY OF LIGHT OR DARK SMOKE = not to appear darker than shade 1 on the
Ringelmann Chart nor 20% opacity under USEPA Method 9
EXCEPTIONS:
- emission for less than 5 minutes in a period of 1 hour but must not exceed a total of 15
minutes in any 24-hour period and opacity not be darker than shade 3 of the chart
- emissions due to cold-start and up-set conditions

XLII. DUTIES OF PERSON IN-CHARGE OF SFBE

Owner/Operator of Stationary Fuel-Burning Equipment (SFBE) must provide means so
that the person-in-charge may at all times ascertain that no dark smoke is discharged from the
stack or installation (without leaving the boiler room, furnace room, or control room).
Thru: Installing an opening for unobstructed view of the top of the stack; rear-view
mirror; smoke-density indicator; closed-circuit TV; etc.
All oil-burning equipment must have heaters

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XLII. INDUSTRIES REQUIRED TO INSTALL CEMS
Fossil fuel-fired Power Plants over 10 MW
Petroleum Refineries
Petrochemical Industries
Primary Copper Smelter Plants
Steel Plants (particulate only)
Ferro-alloy Production Facilities (particulate only)
Cement Plants (particulate only)

XLIII. REDUCTION OF FINES BY CONSENT AGREEMENT

PAB may reduce penalties/fines upon execution of following consent agreement:
To implement EMS under PNS 1701 within 18 months
To submit EMP within 6 months
Performance Bond (P50T-P500T)
One extension not exceeding 12 months allowed on meritorious grounds

XLIV. PROHIBITED ACTS (STATIONARY SOURCES)

1) No person shall cause, let, permit, suffer or allow emission of PARTICULATE MATTER
from any source, including but not limited to, vehicular movement, transportation of materials,
construction, alteration, demolition or wrecking; or industry related activities such as loading,
storing or handling, WITHOUT TAKING REASONABLE PRECAUTION to prevent emission
DEEMED REASONABLE PREACUTION:
Use of water or chemicals for control of dust in demolition of existing buildings or
structures, construction, operations, grinding of rock, quarry or clearing of lands
Application of asphalt, oil, water or suitable chemicals on roads, materials stockpiles,
and other surface which create airborne dust problem
Installation of hood fans & fabric filters to enclose and vent the handling of dusty
materials
During sandblasting, adequate containment methods must be employed
2) No person shall store, pump, handle, process, unload or use in any process or
installation, VOLATILE COMPOUND or ORGANIC SOLVENTS without applying known and
approved existing vapor emission control devices or systems
3) Prohibition against any discharge constitutive of NUISANCE
4) Prohibition against OPEN BURNING of plastics, polyvinyl chloride, paints, ink, wastes
containing heavy metals, organic chemicals, ozone depleting substances, etc.
5) NO OPEN-BURNING IN DUMPSITES

XLVI. GENERAL RESTRICTIONS

On excess operational capacity
On installation of any new source or modification of existing ones which may result to
greater ambient air quality standards
Pollution Control Devices/Systems must be consistently maintained

XLVII. NAAQS FOR SOURCE SPECIFIC AIR POLLUTANT (Table 3)

Ammonia 200 mg/NCM; 0.28 PPM
Carbon Disulfide 30 mg/NCM; 0.01 PPM
Chlorine/CL2 - 100 mg/NCM; 0.03 PPM
Formaldehyde 50 mg/NCM; 0.04 PPM
Hydrogen Chloride 200 mg/NCM; 0.13 PPM
Hydrogen Sulfide 100 mg/NCM; 0.07 PPM
Lead 20 mg/NCM;
Nitrogen Dioxide 375 mg/NCM; 0.20 PPM (Griess Saltzman Method of Analysis)
Phenol 100 mg/NCM; 0.03 PPM
Sulfur Dioxide 470 mg/NCM; 0.18 PPM (Colorimeteric-Pararosaline Method)
Suspended Particulate Matter:
a) TSP (Total Suspended Particulate for 24-hr average 200 mg/NCM
b) PM-10 (Up to level 155-254 in 24-hr)
Antimony 0.02 mg/NCM
Arsenic 0.02 mg/NCM
Cadmium 0.01 mg/NCM
Asbestos 2x106 (Particulate/NCM over 5 micrometer in size)
Sulfuric Acid 0.3 mg/NCM
Nitric Acid 0.4 mg/NCM

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XLVIII. NON-BURN TECHNOLOGIES (Rule XXVIII, IRR)
Since Incineration is banned, use of state-of-the-art, environmentally sound and safe
thermal and non-burn technologies for handling, treatment, thermal destruction and disposal of
sorted, un-recycled, un-composted, biomedical and hazardous wastes is promoted

CHARACTERISTIC OF NON-BURN TECHNOLOGIES

Oxygen-free within the destruction chamber; or
Non-use of fire within the destruction chamber; or
Fire is not the source of heat; or
Use of heat-conducting material/medium in destroying waste

COMPLIANCE CONDITIONS: NON-BURN TECHNOLOGIES

Application emission standards are not exceeded
Installation and approved use of CEMS measuring PM, NO2, CO, Chlorine and
temperature
Compliance to other requirements in the IRR
If rule is more restrictive than other requirements in IRR, the former shall apply
Emission Standards for Treatment Facilities Using Non-burn Technologies (Tables 4 &
5)

XLIX. PHASE-OUT OF EXISTING INCINERATORS

Existing Incinerators dealing with biomedical wastes are phased-out

Statutory Deadline: July 17, 2003

L. BAN ON SMOKING (Sec. 1, Rule XXIX)

Ban on smoking inside public building or enclosed public places, including public vehicles
and other means of transport or in any enclosed area outside of ones private residence, private
place of work or any duly designated smoking area which shall be enclosed
LGU to enforce or implement the ban thru ordinance

LI. POLLUTION FROM MOTOR VEHICLES (PART IX, IRR)

Scope of Applicability
Certificate of Conformity issued to manufacturer, assembler, or importer for
compliance to the rules using relevant ECE test procedures

EXHAUST EMISSION LIMITS: CARS AND LIGHT DUTY MVs

Type I Test
All Motor Vehicles (Type II Test) Maximum Concentration of CO at end of last urban
cycle = 3.5%
All Motor Vehicles (Type III Test) No Crankcase Emission Permitted
See Table 6, IRR

EXHAUST LIMITS FOR MEDIUM AND HEAVY DUTY MVs

CO 11.2 g/KwH
HC 2.4 g/KwH
NOx 14.4 g/KwH
(See Table 7, IRR)

SMOKE EMISSION LIMITS UNDER STEADY STATE: HEAVY DUTY MOTOR VEHICLES
42 liters/second Nominal Flow 2.26 Absorption Coefficient (m-1)
100 liters/second Nominal Flow 1.495 AC
200 liters/second Nominal Flow 1.065 AC
Applicable to those equipped with Compression-Ignition Engines

OTHER STANDARDS
Opacity under free acceleration: not to exceed the approved level by more than 0.5 m-1
Fuel Evaporative emissions for spark ignition engines: not to exceed 2.0 grams per test
For all types of Motorcycles: CO emissions at idle should not exceed 6%

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LII. GENERAL REQUIREMENTS FOR NEW MOTOR VEHICLES
Manufacturer, Assembler or Importer to provide:
Service Manual for proper use and maintenance of the vehicle
Relevant service info or specs to ensure proper functioning of emission control system
and compliance with emission standards
All gasoline-fueled MVs must be designed to operate on unleaded gasoline

LIII. EMISSION CONTROL FOR IN-USE VEHICLES (Rule XXXII)

Can be renewed registration only upon proof of compliance to the emission standards as
conducted by LTO using the MVIS or by its duly authorized Inspection Centers within 60 days
prior to registration

LIV. ROADSIDE INSPECTION PROCEDURE

Flag down of vehicles suspected of violating emission standards thru visual signs
Conduct of emission test using portable emission testing equipment
Exceed of standards: ticket issued to driver; warrant of constructive or actual distraint
issued to owner
Three or more violations within 365-day period: suspension of registration for 1 year
Release of vehicle upon payment of fine
Vehicle plate to be surrendered & driver issued temporary pass to allow possession for
the purpose of undertaking needed repairs within 7 days
Ban of the use in public roads of vehicles released for purposes of repairs except in
going to service center and to emission testing center
After repair and passing emission test, Certificate of Emission Compliance to issue
Driver to recover his vehicle or plates

ADMINISTRATIVE REMEDIES TO DRIVERS APPREHENDED

If the driver contests the fine imposed and/or the violation of emission standards
charged, he may appeal to the Traffic Adjudication Service for hearing

LV. SELF REGULATION

Self-regulation among transport stakeholders encouraged
Private sector initiated projects integrating preventive maintenance, driver training,
sealing of injection pumps, pre-registration testing, and modified apprehension procedure
likewise encouraged

LVI. PROHIBITED ACTS UNDER PART IX OF IRR

Misfuelling
Manufacture, Import, Sale of Leaded Gasoline and of Engines and/or Components
Requiring Leaded Gasoline
Manufacture, Import, Sale of Fuels Not According to Legally Prescribed Specifications

LVII. PHASE-OUT OF OZONE DEPLETING SUBSTANCES

In conformance to Montreal Protocol, ODS to be phased out according to the schedule
as published on June 27, 2000
Revision of List of ODS when necessary

LVIII. GREENHOUSE GASES

Implementation of the National Plan consistent with the UN Framework Convention on
Climate Change and other International Agreements, Conventions, Protocols on Greenhouse Gas
Emissions

LIX. PERSISTENT ORGANIC POLLUTANTS (POPs)

Establishment of Inventory List of all sources of POPs such as dioxins and furans and
their reduction and elimination

LX. ADMINISTRATIVE ACTIONS (Sec. 40)

May be filed by:
- Motu proprio by the concerned Department
- Any affected person
Cause of Action:
- Violation of the standards or limitations of the law
- Violation of any order, rule or regulation issued by the concerned Department

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LXI. CONCEPT CITIZEN SUITS (Sec. 41)
Legal Actions available: Civil, Criminal, Administrative
Party Defendants: Any violator; Any Agency implementing inconsistent rules/regulations;
Any Public Official who willfully or grossly neglects the performance of an act specifically enjoined
as a duty under the Act or the IRR or who abuses his authority or improperly performs his duties
Thirty-day notice rule
Exemption from Filing Fees, Injunction Bond
Speedy disposition of the case within 30 days
Independence of Action Filing of administrative case does not preclude filing of
criminal or civil action; such civil action shall proceed independently

LXII. INDEPENDENCE OF ACTION (Sec. 42)

Filing of Admin Case does not preclude filing of Criminal or Civil Action

LXIII. CONCEPT OF SLAPPS (Sec. 43)

Suits and Strategic Legal Action Against Public Participation (SLAPPS) to be dismissed
Concept: Where a suit is brought against a person who filed a Citizen Suit against any
person or agency, the Investigating Prosecutor or the Court, shall immediately make a
determination whether said legal action has been filed to harass, vex, exert undue pressure or
stifle such legal recourse
Determination to be made not exceeding 30 days
Upon positive determination, the Court to dismiss the case and award attorneys fees
and DOUBLE DAMAGES to the defendant

LXIV. GOVERNMENT LIEN (Sec. 44)

Fines and Penalties constitute lien upon the personal or immovable property of the
violator and enjoy preference over laborers wages
For the specific movables, the lien is occupies first preference as provided under Art.
2241 of the New Civil Code
As to specific immovable, the lien occupies 7th in the hierarchy of preference of credits
under Art. 2242 of the New Civil Code

LXV. FINES & PENALTIES

(A) STATIONARY SOURCES

Exceedance of Air Quality Standards
Fine: Not more than P100T per day of violation
Fine Rating System based on ability to pay, degree of willfulness, of negligence, history
of non-compliance and degree of recalcitrance
Defense of Ability to Pay applies only in cases of Negligence
Absence of any extenuating or aggravating circumstance, Fine to be imposed is
equivalent to of the fine for willful violation
Automatic acceleration of Imposable Fines by 10% every 3 years
Accessory Penalties:
- Closure
- Suspension of Development, Construction or Operations until safeguards are in
place
Third Offense: Closure
Ex-parte Order of Closure or Suspension upon existence of prima facie evidence of
imminent threat to life, public health, safety or general welfare

(B) MOTOR VEHICLES

First Offense: Not exceeding P2T
2nd Offense: Not Less than P2T but not more than P4T
3rd Offense: Not less than P4T but not more than P6T plus 1 yr suspension of MVR
Accessory: Complete seminar on pollution control management

(C) Other Provisions

Fine: Not less than P10T but not more than P100T; or
Penalty: 6 mos. to 6 years imprisonment; or
Both
If offender is juridical person, officials directly in charge to suffer the penalty

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LXVI. GROSS VIOLATIONS (Sec. 48)
Deemed Gross Violation
a) 3 or more specific offenses within 1 year
b) 3 or more specific offenses within 3 consecutive years
c) Blatant disregard of the Orders of the PAB
d) Irreparable or grave damage to environment
Penalty: 6 10 years imprisonment

END OF LECTURE
(Hopefully, Not Of the Earth)
All rights reserved
Copyright 2005

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