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Definition of
Air pollution
Terms Any alteration of the physical, chemical and biological properties
of the atmospheric air, or any discharge thereto of any liquid,
gaseous or solid substances that will or is likely to create or to
render the air resources of the country harmful, detrimental, or
injurious to public health, safety or welfare or which will adversely
affect their utilization for domestic, commercial, industrial,
agricultural, recreational, or other legitimate purposes;
Ambient air quality guideline values
The concentration of air over specified periods classified as short-
term and long-term which are intended to serve as goals or
objectives for the protection of health and/or public welfare. These
values shall be used for air quality management purposes such as
determining time trends, evaluating stages of deterioration or
enhancement of the air quality, and in general, used as basis for
Definition of taking positive action in preventing, controlling, or abating air
pollution;
Terms
Ambient air quality
The general amount of pollution present in a broad area; and
refers to the atmosphere's average purity as distinguished from
discharge measurements taken at the source of pollution;
Sources of Air
Pollution
Stationary Sources - any building or immobile structure, facility or
installation which emits any air pollutant.
Examples:
Power generation
Steel factory
Food Manucturing
Refineries
Cement Factory
Sources of Air Chemical Plants
Pollution Mobile sources - any vehicle/machine propelled by or through
oxidation or reduction reactions, including combustion of carbon-
based or other fuel, constructed and operated principally for the
conveyance of persons or the transportation of property or goods that
emit air pollutants as a reaction product.
Examples:
Diesel and gasoline – fed from vehicles like cars, utility vehicles, buses, trucks and
motorcycles.
Area sources - relatively large areas of specific activities that
generate significant amounts of air pollutants.
Examples:
Gasoline Refiling Stations
Open burning
Residential Fuel Burning
Sources of Air Livestocks
Pollution Structural Fires
Dry Cleaning
Kaingin
Motor Vehicles NO. A mandamus will not prosper compelling PUVs to use natural gas as
alternative fuel in the absence of a specific law on the matter.
In Henares vs LTFRB, G.R. No. 158290, Oct. 23, 2006, the Supreme Court
ruled that there is no law that imposes an indubitable legal duty on
respondents LTFRB and DOTC that will justify a grant of the writ of
mandamus compelling the use of compressed natural gas for PUVs. The
legislature should provide first the specific statutory remedy to the complex
environmental problems bared by the petitioners before any judicial
recourse by mandamus is taken.
The Court stated that the function of the Department of
Trade and Commerce is limited to implementing the
emission standards set forth in RA 8749 and the said law
only goes far as setting the maximum limit for the
emission of vehicles, but it does not recognize
compressed natural gas as alternative engine fuel.
Undeniably, the right to clean air is not only an issue of
paramount importance to petitioners for it concerns the
Pollution from air they breath, but it is also impressed with public
Motor Vehicles interest. The consequences of the counter-productive
and retrogressive effects of a neglected environment
due to emissions of motor vehicles immeasurably affect
the well-being of the petitioners. On these, the legal
standing of the petitioners deserves recognition. .
However, the Court held that a writ of mandamus
commanding respondents to require PUVs to use CNG is
unavailing since there is no law that mandates the
respondents LTFRB and DOTC to order owners of motor
vehicles to use CNG.
The following shall not be In case of non-compliance, the importer or
registered unless compliant consignee may be allowed to modify or rebuild
with emission standards set as the vehicular engine so it will be in compliance
evidenced by Certificate of with applicable emission standards.
Conformity issued by the No motor vehicle registration (MVR) shall be
Regulation of Department. issued unless such motor vehicle passes the
emission testing requirement promulgated in
all motor accordance with this Act. Such testing shall be
1. Any imported new or locally- conducted by the DOTC or its authorized
vehicles and assembled new motor vehicle.
inspection centers within sixty (60) days prior to
engines 2. Any imported new motor
vehicle engine.
date of registration.
The DTI shall promulgate the necessary
(Sec. 22) 3. Any imported used motor regulations prescribing the useful life of vehicles
vehicle or rebuilt motor vehicle and engines including devices in order to ensure
using new or used engines, that such vehicles will conform to the emissions
major parts or components which they were certified to meet. These
shall not be registered. regulations shall include provisions for ensuring
the durability of emission devices.
Any imported second-hand
motor vehicle engine shall not be
Second-hand
Motor Vehicle introduced into commerce, sold
Engines or used unless it complies with
(Sec. 23) emission standards set pursuant
to this Act.
The Ecological Solid Waste
Management Act of 2000 (Republic
Act No. 9003) prohibits the open
Management burning of wastes. Enforcement of
of Area Sources this provision ensures the
elimination of emissions from waste
burning, including the release of
dioxins and furans.
Smoking inside a public building or an enclosed public place
including public vehicles and other means of transport or in any
enclosed area outside of one's private residence, private place of
work or any duly designated smoking area is hereby prohibited
RR, RULE XXIX, Section 1. Ban on Smoking.- The Local
Government Units (LGU's) shall within six (6) months from the
effectivity of these Implementing Rules and Regulations,
Pollution from implement or enforce a ban on smoking inside a public building
or in any enclosed area outside of one's private residence,
smoking private place of work or any duly designated smoking area which
shall be enclosed.
(Sec. 24)
Penalty: IRR RULE LVI Section 5. Smoking in Public Places. -
Any person who smokes inside a public building or an enclosed
public place, including public utility vehicles or other means of
public transport or in any enclosed area outside of his private
residence, private place of work or any duly designated smoking
area shall be punished with six (6) months and one (1) day to one
(1) year imprisonment or a fine of ten thousand pesos (P
10,000.00)
Ozone depleting substances
Other Pollutants Greenhouse gases
Radioactive emissions
Means those substances that significantly
deplete or otherwise modify the ozone layer in a
manner that is likely to result in adverse effects
Ozone Depleting on human health and environment.
Substances
DENR shall phase out ozone-depleting
substances.
Means those gases that can potentially or can
reasonably be expected to induce global
warming.
PAGASA shall regularly monitor meteorological
Greenhouse factors affecting environmental conditions.
Gases DENR, together with concerned agencies and
LGUs shall prepare and fully implement a
national plan on the reduction of greenhouse gas
emissions.
Philippine Nuclear Research Institute
(PNRI) shall regulate all projects which
Radioactive will involve the use of atomic and/or
nuclear energy, and will entail release and
Emissions emission of radioactive substances into
the environment.
DENR – the primary agency responsible
for the implementation and enforcement
of Clean Air Act.
Institutional It shall consult, participate, cooperate and
Mechanism enter into agreement with other agencies
or organizations in the furtherance of this
Act.
LGUs – responsible in the management and
maintenance of air quality within their territorial
jurisdiction.
Technology Developers, Inc. vs Court of
Appeals
Institutional The mayor of a town has a much responsibility to
protect its inhabitants from pollution, and by virtue
Mechanism of his police power, he may deny the application for
a permit to operate a business or otherwise close the
same unless appropriate measures are taken to
control and/or avoid injury to the health of the
residents of the community from the emissions in
the operations of the business.
There may be established an Environment and Natural
Resources Office in every province, city, or
municipality.
Its powers and duties:
Prepare comprehensive air quality management programs,
plans and strategies
Institutional Provide technical assistance and support to the governor or
mayor
Mechanism Lead in all efforts concerning air quality protection and
rehabilitation
Recommend air quality standards
Coordinate with other agencies in the implementation of
measures to prevent and control air pollution
Exercise other powers prescribed by law or ordinance
Administrative action involving
stationary sources
Actions Actions before LTO
Citizen suits
The DENR shall institute administrative
proceedings against any person who violates:
Standard or limitation provided under Clean Air
Act; or
Administrative Any order, rule or regulation issued by the DENR
action with respect to such standard or limitation.
involving
stationary Pollution and Adjudication Board (PAB) have
sources the sole and exclusive jurisdiction over all
cases of air pollution and all matter related
thereto, including imposition of administrative
sanctions, except:
Action for the abate of a private nuisance
Actions for any violation of the
motor vehicle pollution control laws
may be commenced by any person or
Actions before by the DOTC on its own initiative.
LTO
The proceedings shall be summary in
nature.
Any Filipino citizens in representation of others,
including minors or generations yet unborn, may
file an action to enforce rights or obligations
under environmental laws.