ra 8749 notes

ISO 9001

CERTIFIED

Air Pollution - Clean Air Act

Terminologies (RA 8749)

Air pollutant - any matter found in the atmosphere other than oxygen, nitrogen, water vapor, carbon dioxide, and

the inert gases all in their natural or normal concentrations, that is detrimental to health or the environment, which includes but not limited to smoke, dust, soot, cinder, fly ash, solid particles of any kind, gases, fumes, chemical mists, contaminated steam and radioactive substances;

Air pollution - any alteration of the physical, chemical and biological properties of the atmosphere, 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;

Airshed- areas with common weather or meteorological conditions and sources of air pollution which

affect the interchange and diffusion of pollution in the surrounding atmosphere.

Ambient air quality- atmosphere’s average purity in a broad area as distinguished from discharge measurements taken

at the source of pollution or the present characteristic or nature of the surrounding atmosphere;

Ambient air quality guideline values- concentration of air over specified periods classified as short-term and/or long-term which are

intended to serve as goals or objectives for the protection of health and/or public welfare. - used for air quality management purposes such as determining time trends, evaluating stages of

deterioration or enhancement of the air quality. In general, used as a basis for taking positive action in preventing, controlling, or abating health impacts from air pollution;

Ambient air quality standard- 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. - Standards are enforceable and must be complied with by the owner or person in-charge of an

industrial operation, process or trade;

Bio-medical waste- pathological wastes, pharmaceutical wastes, chemical wastes and sharps defined as follows:

Pathological wastes- include all human tissue (whether infected or not) such as limbs, organs, fetuses and body fluid;

animal carcasses and tissue from laboratories, together with all related swabs and dressings;

Pharmaceutical wastes - include pharmaceutical products; drugs and chemicals that have been returned from wards; have

been spilled or soiled; are expired or contaminated; or are to be discarded or any reason;

Chemical wastes- include discarded solid, liquid or gaseous chemicals from housekeeping and disinfecting

procedures; Prepared by: 1 Ms. Ana L. Vargas, ChE/MSEnE

Republic of the PhilippinesPARTIDO STATE UNIVERSITY

Camarines Sur

ISO 9001

CERTIFIED

Completely Built-up Unit (CBU) - vehicles imported into the country either brand new or used and ready for operation;

Compliance Plan - a plan submitted to the Bureau for approval which details how an existing stationary air emissions

source will be brought into compliance.

- owner of the facility must submit the plan within two months of notification of non-compliance by the Bureau. The plan must include a schedule that will be enforceable.

Compression Ignition Engine - an internal combustion engine in which atomized fuel temperature is raised through compression,

resulting in ignition, e.g., diesel engines;

Criteria Pollutants - are air pollutants for which National Ambient Air Quality Guideline Values have been established;

Greenhouse gases- refers to those gases such as carbon dioxide, methane, and oxides of nitrogen, chloroflouro-

carbons, and the others that can potentially or can reasonably be expected to induce global warming;

Hazardous substances- substances which present either:

short-term acute hazards such as acute toxicity by ingestion, inhalation, or skin absorption, corrosivity or other skin or eye contact hazard or the risk of fire explosion

long-term toxicity upon repeated exposure, including carcinogenicity (which in some cases may result in acute exposure but with a long latent period), resistance to the detoxification process, or the potential to pollute underground or surface waters;

Incinerator- a facility, equipment, furnace or other similar structure which burns municipal, bio-medical or

hazardous wastes, which process emits toxic and poisonous fumes;

Infectious waste- soiled surgical dressings, swabs and other contaminated waste from treatment areas; materials

which have been in contact with persons or animals suffering from infectious diseases; cultures and stocks of infectious agents from laboratory work; dialysis equipment; apparatus and disposable gowns, aprons, gloves, towels, etc; waste from dialysis treatment area; waste from patients in isolation wards; all materials which may contain pathogens in sufficient concentration or quality that exposure to could result in disease;

Light Duty Vehicles" - motor vehicles whose gross vehicle weight is equal to or less than 3,500 kgs. This also refers to

"Light Commercial Vehicles;"

Medical waste- any solid waste that is generated in the diagnosis, treatment, or immunization of human beings

or animals, in research pertaining thereto, or in the production or testing of biologicals;

Medium/Heavy Duty Vehicles- motor vehicles whose gross vehicle weight is greater than 3,500 kgs;

Prepared by: 2 Ms. Ana L. Vargas, ChE/MSEnE


Camarines Sur

ISO 9001

CERTIFIED

Mobile source- 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;

Motorcycle- any two-wheeled motor vehicle with at least one headlight, taillight and stoplight, and one or

more saddle seats. For purposes of these rules, motorcycles shall include motorcycles with attached cars also known as "tricycles".

Motor Vehicle- any vehicle propelled by a gasoline or diesel engine or by any means other than human or animal

power constructed and operated principally for the conveyance of persons or the transportation of goods;

Municipal waste"- waste materials generated from communities within a specific locality;

National Ambient Air Quality Guideline Values- limits on criteria air pollutant concentrations published by the Department, intended to be

protective of public health, safety, and general welfare.

Opacity- amount of light obscured by particle pollution in the atmosphere;

Ozone Depleting Substances (ODS)- substances that significantly deplete or otherwise modify the ozone layer in a manner that is

likely to result in adverse effects on human health and the environment such as, but not limited to, chlorofluorocarbons, halons, and the like

Particulate Matter or Suspended Particulates- any material, other than uncombined water, which exists in a finely divided form as a liquid or

solid;

Persistent Organic Pollutants (POPs) - organic compounds that persist in the environment, bio-accumulative through the food web, and

pose a risk of causing adverse effects to human health and the environment

- compounds that resist photolytic, chemical and biological degradation - include but are not limited to dioxin, furan, Polychlorinated Biphenyls (PCBs), organochlorine

pesticides, such as aldrin, dieldrin, DDT, hexachlorobenzene, lindane, toxaphene and chlordane;

Poisonous and toxic fumes- any emission and fumes which do not conform to internationally accepted standards, including

but not limited to World Health Organization (WHO) guideline values;

Ringelmann Chart- chart described in the U.S. Bureau of Mines, Information Circular No. 8333 and No. 7718, and

used for measuring smoke opacity; Siga

- traditional small scale method of burning of wastes resulting from cleaning the backyard such as fallen leaves, twigs, stems, and other similar matter from plants and trees in the backyard where the burning is done;



Camarines Sur

ISO 9001

CERTIFIED

Smoke Opacity Meter (or Opacimeter)- an instrument which determines the smoke opacity in exhaust gases emitted by the engine

system. Stationary source"

- any building or fixed structure, facility or installation that emits or may emit any air pollutant;

RA 8749, CLEAN AIR ACT OF 1999 May 10,1999 - house bill 6216 May 13,1999 - senate bill 1255 June 23,1999 - signed by the president into law November 10,2000 - IRR of RA 8749 (CAA) was published November 25,2000 - effectivity of RA 8749

RA 8749 MOST SALIENT FEATURES: “Polluters must pay”;

All government agencies are to adopt the Integrated Air Quality Framework (IAQF) as blueprint for compliance;

Established Air Quality Management Fund (AQMF) to finance anti-air pollution projects;

Incineration is prohibited. and

LGU’s must share the responsibility of compliance with air quality standards in their respective localities.

The DENR, the lead implementing agency: establish the Integrated Air Quality Framework, consult with appropriate government agencies and advisory bodies in undertaking

information dissemination campaigns and developing action plans for air pollution abatement

DOTC may deputize law enforcement agencies

LGU’s are mandated to: implement air emission standards develop an action plan consistent with the Integrated Air Quality Framework, promote, encourage, and implement ecological waste management measures, and carry out

the prohibition on smoking in public places.

encourages complementation of government efforts with the key sectors involved in the implementation of its provisions, namely, LGU’s, NGOs, the academe and the private sector

INSTITUTIONAL MECHANISM concerned agency w/ the implementation of RA 8749:

DENR DENR-EMB DOTC DTI

DENR lead agency, responsible for implementation and enforcement of RA 8749



Camarines Sur

LGUsDOSTDOH

PAGASA NGOs POs

ISO 9001

CERTIFIED

EMB technical arm of the DENR that prepares annual National Quality Status Report (NQRS) - central

depository of data/info have visitorial powers (i.e. any building, documents, pollution sources, control device,

monitoring method/equipment ant test emission centers)DOTC

implement the emission standards (ES) for motor vehicles authorized DTI accredited private emission testing centers

DTI accredits private emission testing centers develop and implement standards and procedures for the certification of training institutions,

instructors and facilities-licensing of qualified private service centers their techniciansLGU

implement: maintain the air quality (AQ) in their jurisdiction air quality standards (AQS)

prepare and develop action plan consistent w/ I A Q F issue franchise of tricycles w/in their jurisdiction

DOE responsible for the exploration and development of clean and alternative energy sets the specifications for all types of fuel and fuel-related products in coordination with other

agencies regulate the use of any fuel or fuel additive in coordination with the Bureau of Product Standards

(BPS)DOST

conducts RD program responsible for funding research on air pollution control technologies

DOH monitors indoor air pollution conducts studies on the health impacts of air pollution chair the inter-agency committee on Environmental Health

PAGASA monitors meteorological data/factors affecting environmental conditions

MMDA responsible for the AQM for Metro Manila

TOOLS FOR AQM INFORMATION SYSTEM:

1) Ambient Air Monitoring Network (AAMN)– established by EMB for the assessment of ambient air quality within 2 years from effectivity

2) Emissions Inventory (EI)– inventory of emissions from stationary, mobile and area sources within 3 years from effectivity

and every three (3) years thereafter

3) Air Quality Database (AQD)– design by the EMB and the National Statistical Coordination Board (NSCB) National Air

4) Quality Status Report (NAQSR)



Camarines Sur

ISO 9001

CERTIFIED

– annual report prepared by DENR – basis in formulating the Integrated Air Quality Improvement Framework– submitted to the Office of the President and to Congress on or before March 31 of every year

and shall cover the preceding calendar year5) Integrated Air Quality Improvement Framework (IAQF)

– established within six (6) months after the effectivity of this Act

– comprehensive air pollution management and control program

– official blueprint with which all government agencies must comply with to attain and maintain ambient air quality standards

6) Air Quality Control Action Plan (AQCAP)– established within six (6) months after the effectivity of this Act– include:

enforceable emission limitations and other control measures, means or techniques, schedules and time tables for compliance and its appropriate devices, methods, systems and procedures

designated airshed all other measures necessary for the effective control and abatement of air pollution

Air Pollutantsa. Ozone-Depleting Substances

consistent with the terms and conditions of the Montreal Protocol phase out ozone-depleting substances within sixty (60) days after the enactment of this Act

b. Greenhouse Gases

DENR implement a national plan consistent with United Nations Framework Convention on Climate Change (UNFCC) and other international agreements, conventions and protocols on the reduction of greenhouse gas emissions in the country

c. Persistent Organic Pollutants Implement program on the elimination and reduction of POPS within a year after the

establishment of the inventory list

d. Radioactive Emissions regulated by Philippine Nuclear Research Institute (PNRI)

PROHIBITED ACTS Pollution from Smoking

banned smoking inside a public building or an enclosed public place (eg. vehicles and other means of transport, any enclosed area) to be implemented by the LGUs.

Fuels, Additives and Substances no person shall manufacture, import, sell, supply, offer for sale, dispense, transport or

introduce into commerce automotive diesel fuel

REQUIRED COMPLIANCE:

use of unleaded fuel within five (5) years after the effectivity of this Act.

Administrative Actiona. Citizen Suits

– a civil, criminal or administrative action filed by any person in the proper courts against:Prepared by: 6 Ms. Ana L. Vargas, ChE/MSEnE


Camarines Sur

ISO 9001

CERTIFIED

a. any person who violates or fails to comply CAAb. DENR or other implementing agencies with respect to orders, rules and

regulations issued inconsistent with CAA c. any public officer who:

willfully or grossly neglects the performance of an act specifically enjoined as a duty by CAA or its IRR

improperly performs his duties under this Act or IRR

b. Suits and Strategic Legal Actions Against Public Participation (SSLAAPP)– apply and benefit public officers who are sued for acts committed in their official

capacity, there being no grave abuse of authority, and done in the course of enforcing this Act.

FINES AND PENALTIESa. Violation of Standards for Stationary Sources

One hundred thousand pesos (P100,000) for every day of violation against the owner or operator of a stationary source until such time that the standards have been complied with imposed through the Pollution Adjudication Board (PAB)

Bases for finesa. ability to pay d. history of noncompliance b. degree of willfulness e. degree of recalcitrancec. degree of negligence

10% fine increase every three (3) years compensate for inflation and to maintain the deterrent function of such fines

b. Violation of Standards for Motor Vehiclesa. Second offense – (Php 2,000) to (P4,000

b. Third offense – one (1) year suspension of the Motor Vehicle Registration (MVR) and a fine of not less than Four thousand pesos (P4,000) and not more than Six thousand pesos (P6,000).



Camarines Sur