This page
features
the full text of theRepublic
Act No. 8749The
Philippine Clean Air Act of 1999.
_______________________REPUBLIC
ACT NO. 8749PHILIPPINE CLEAN
AIR
ACT OF 1999Chapter 1General ProvisionsArticle OneBasic Air Quality
Policies
SECTION 1. Short Title.
- This Act shall be known as the “Philippine Clean Air Act of 1999.”
SEC. 2. Declaration of
Principles. - 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.
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.
The State 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.
SEC. 3. Declaration of
Policies. - The State shall pursue a policy of balancing
development
and
environmental
protection. To achieve this end, the frame work for sustainable
development
shall be pursued. It
shall
be the policy of the State to:chanroblesvirtuallawlibrary
[a] Formulate a
holistic
national program of air pollution management that shall be implemented
by the
government
through proper delegation and effective coordination of functions and
activities;[b] Encourage
cooperation
and self-regulation among citizens and industries through the
application
of
market-based
instruments;
[c] Focus primarily
on pollution
prevention rather than on control and provide for a comprehensive
management program for
air pollution;
[d] Promote public
information
and education and to encourage the participation of an informed and
active
public in air quality
planning
and monitoring; and
[e] Formulate and
enforce
a system of accountability for short and long-term adverse
environmental
impact of a
project,
program or activity. This shall include the setting up of a funding or
guarantee mechanism for clean-up
and
environmental rehabilitation and compensation for personal damages.
SEC. 4. Recognition of Rights.
- Pursuant to the above-declared principles, the following rights of
citizens
are hereby sought to be
recognized
and the State shall seek to guarantee their enjoyment:chanroblesvirtuallawlibrary
[a] The right to
breathe
clean air;[b] The right to
utilize
and enjoy all natural resources according to the principles of
sustainable
development;
[c] The right to
participate
in the formulation, planning, implementation and monitoring of
environmental
policies
and
programs and in the decision-making process;
[d] The right to
participate
in the decision-making process concerning development policies, plans
and
programs projects or
activities
that may have adverse impact on the environment and public health;
[e] The right to be
informed
of the nature and extent of the potential hazard of any activity,
undertaking
or project
and
to be served timely notice of any significant rise in the level of
pollution
and the accidental or deliberate release into the
atmosphere
of harmful or hazardous substances;
[f] The right of
access to
public records which a citizen may need to exercise his or her rights
effectively
under
this
Act;
[g] The right to
bring action
in court or quasi-judicial bodies to enjoin all activities in violation
of environmental
laws
and regulations, to compel the rehabilitation and cleanup of affected
area,
and to seek the imposition of
penal
sanctions against violators of environmental laws; and
[h] The right to
bring action
in court for compensation of personal damages resulting from the adverse
environmental and
public health
impact of a project or activity.
Article TwoDefinition of Terms
SEC. 5. Definitions.-
As used in this Act:chanroblesvirtuallawlibrary
a) “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,
which includes, but not limited to smoke, dust, soot, cinders, fly ash,
solid particles of any kind,
gases,
fumes, chemical mists, steam and radioactive substances;b) “Air
pollution” means
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;
c) “Ambient air
quality
guideline values” means 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
taking
positive action in preventing, controlling, or abating air pollution;
d) “Ambient air
quality”
means 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;
e) “Certificate
of Conformity”
means a certificate issued by the Department of Environment and Natural
Resources to a vehicle
manufacturer
/ assembler or importer certifying that a particular new vehicle or
vehicle
type meets the
requirements
provided under this Act and its rules and regulations;
f) “Department”
means
the Department of Environment and Natural Resources;
g)“Eco-profile” means
the geographic-based instrument for planners and decision makers which
present an
evaluation
of the environment quality and carrying capacity of an area. It is the
result of the integration of primary
data
and information on natural resources and antropogenic activities on the
land which were evaluated by various
environmental
risk assessment and forecasting methodologies that enable the
Department
to anticipate the
type
of development control necessary in the planning area.
h)“Emission”
means
any air contaminant, pollutant, gas stream or unwanted sound from a
known
source
which
is passed into the atmosphere;
i) “Greenhouse
gases”
means those gases that can potentially or can reasonably be expected to
induce
global
warming, which include carbon dioxide, oxides of nitrogen,
chloroflourocarbons,
and the like;
j) “Hazardous
substances” means those substances which present either: (1)
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; or (2) long-term toxicity upon repeated
exposure,
carcinogecity (which in some cases
result
in acute exposure but with a long latent period), resistance to
detoxification
process such as
biodegradation,
the potential to pollute underground or surface waters;
k) “Infectious
waste” means that portion of medical waste that could transmit an
infectious
disease;
l) “Medical waste”
means the materials generated as a result of patient diagnosis,
treatment,
or immunization
of
human beings or animals;
m) “Mobile source”
means any vehicle propelled by or through combustion of carbon-based or
other fuel,
constructed
and operated principally for the conveyance of persons or the
transportation
of property goods;
n) “Motor vehicle”
means 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 property or goods in a public highway or street open to public use;
o) “Municipal
waste”
means the waste materials generated from communities within a specific
locality;
p) "New vehicle”
means
a vehicle constructed entirely from new parts that has never been sold
or registered
with
the DOTC or with the appropriate agency or authority, and operated on
the
highways of the Philippines,
any
foreign state or country;
q) “Octane Rating
or the
Anti-Knock Index(AKI)” means the rating of the anti-knock
characteristics
of a grade
or
type of automotive gasoline as determined by dividing by two (2) the
sum
of the Research Octane Number
(RON),
plus the Motor Octane Number (MON); the octane requirement, with
respect
to automotive gasoline for
use
in a motor vehicle or a class thereof, whether imported, manufactured,
or assembled by a manufacturer,
shall
refer to the minimum octane rating of such automotive gasoline which
such
manufacturer recommends
for
the efficient operation of such motor vehicle, or a substantial portion
of such class, without knocking;
r) “Ozone
Depleting Substances
(ODS)” means those substances that significantly deplete or
otherwise
modify the ozone layer
in a
manner that is likely to result in adverse effects of human health and
the
environment
such as, but not limited to, chloroflourocarbons, halons and the like;
s) “Persistent
Organic
Pollutants (POPs)” means 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.
These compounds resist photolytic, chemical and biological degradation,
which shall include but
not
be limited to dioxin, furan, Polychlorinated Biphenyls (PCBs),
organochlorine
pesticides, such as aldrin,dieldrin,
DDT, hexachlorobenzene, lindane, toxaphere and chlordane;
t) “Poisonous and
toxic
fumes” means any emissions and fumes which are beyond
internationally
- accepted
standards,
including but not limited to the World Health Organization (WHO)
guideline
values;
u) “Pollution
control
device" means any device or apparatus used to prevent, control or
abate
the pollution of
air
caused by emissions from identified pollution sources at levels within
the air pollution control standards established by the
Department;
v) “Pollution
control
technology” means the pollution control devices, production
process,
fuel combustion
processes
or other means that effectively prevent or reduce emissions or effluent;
w) “Standard of
performance"
means a standard for emissions of air pollutant which reflects the
degree
of
emission
limitation achievable through the application of the best system of
emission
reduction, taking into
account
the cost of achieving such reduction and any non-air quality health and
environmental impact and
energy
requirement which the Department determines, and adequately
demonstrates;
and
x) “Stationary
source”
means any building or immobile structure, facility or installation
which
emits or may emit
any
air pollutant.
Chapter 2Air Quality
Management
SystemArticle OneGeneral Provisions
SEC. 6. Air Quality Monitoring
and Information Network.- The Department shall prepare an annual
National
Air
Quality
Status Report which shall be used as the basis in formulating the
Integrated
Air Quality Improvement
Framework,
as provided for in Sec. 7. The said report shall include, but shall not
be limited to the following:chanroblesvirtuallawlibrary
a) Extent of pollution
in
the country, per type of pollutant and per type of source, based on
reports
of the
Department’s
monitoring stations;b) Analysis and
evaluation
of the current state, trends and projections of air pollution at the
various
levels
provided
herein;
c) Identification
of critical
areas, activities, or projects which will need closer monitoring or
regulation;
d) Recommendations
for necessary
executive and legislative action; and
e) Other pertinent
qualitative
and quantitative information concerning the extent of air pollution and
the air
quality
performance rating of industries in the country.
The Department, in cooperation
with the National Statistical Coordination Board (NSCB), shall design
and
develop an information
network
for data storage, retrieval and exchange.chanrobles virtualawlibrary
The Department shall serve
as the central depository of all data and information related to air
quality.
SEC. 7. Integrated Air
Quality Improvement Framework.- The Department shall within six (6)
months after the
effectivity
of this Act, establish, with the participation of LGUs, NGOs, POs, the
academe and other concerned
entities
from the private sector, formulate and implement the Integrated Air
Quality
Improvement Framework for
a
comprehensive air pollution management and control program. The
framework
shall, among others,
prescribe
the emission reduction goals using permissible standards, control
strategies
and control measures
to
undertaken within a specified time period, including cost-effective use
of economic incentives, management
strategies,
collective actions, and environmental education and information.
The Integrated Air Quality
Improvement Framework shall be adopted as the official blueprint with
which
all
government
agencies must comply with to attain and maintain ambient air quality
standards.
SEC. 8. Air Quality
Control Action Plan.- Within six (6) months after the formulation
of
the framework, the
Department
shall, with public participation, formulate and implement an air
quality
control action plan consistent
with
Sec. 7 of this Act. The action plan shall:chanroblesvirtuallawlibrary
a) Include enforceable
emission
limitations and other control measures, means or techniques, as well as
schedules and time
tables for
compliance, as may be necessary or appropriate to meet the applicable
requirements of this
Act;b) Provide for the
establishment
and operation of appropriate devices, methods, systems and procedures
necessary to monitor,
compile
and analyze data on ambient air quality;
c) Include a
program to provide
for the following: (1) enforcement of the measures described in
subparagraph
[a]; (2) regulation of the modification and construction of any
stationary
source within the areas
covered
by the plan, in accordance with land use policy to ensure that ambient
air quality standards are
achieved;
d) Contain adequate
provisions,
consistent with the provisions of this Act, prohibiting any source or
other
types
of
emissions activity within the country from emitting any air pollutant
in
amounts which will significantly
contribute
to the non-attainment or will interfere with the maintenance by the
Department
of any such ambient
air
quality standard required to be included in the implementation plan to
prevent significant deterioration of airquality
or to protect visibility;
e) Include control
strategies
and control measures to be undertaken within a specified time period,
including
cost effective use of
economic
incentives, management strategies, collection action and environmental
education and
information;
f) Designate airsheds;
and
g) All other measures
necessary
for the effective control and abatement of air pollution.
The adoption of the plan shall
clarify the legal effects on the financial, manpower and budgetary
resources
of
the
affected government agencies, and on the alignment of their programs
with
the plans.chanrobles virtualawlibrary
In addition to direct regulations,
the plan shall be characterized by a participatory approach to the
pollution
problem. The involvement
of
private entities in the monitoring and testing of emissions from mobile
and/or
stationary
sources shall be considered.
Likewise, the LGU’s, with
the assistance from the Department, shall prepare and develop an action
plan
consistent
with the Integrated Air Quality Improvement Framework to attain and
maintain
the ambient air quality
standards
within their respective airsheds as provided in Sec. 9 hereof.
The local government units
shall develop and submit to the Department a procedure for carrying out
the
action
plan for their jurisdiction. The Department, however, shall maintain
its
authority to independently inspect
the
enforcement procedure adopted. The Department shall have the power to
closely
supervise all or parts of
the
air quality action plan until such time the local government unit
concerned
can assume the function to
enforce
the standards set by the Department.
A multi-sectoral monitoring
team with broad public representation shall be convened by the
Department
for
each
LGU to conduct periodic inspections of air pollution sources to assess
compliance with emission
limitations
contained in their permits.
SEC. 9. Airsheds.-
Pursuant to Sec. 8 of this Act, the designation of airsheds shall be on
the basis of, but not
limited
to, areas with similar climate, meteorology and topology which affect
the
interchange and diffusion of
pollutants
in the atmosphere, or areas which share common interest or face similar
development programs,
prospects
or problems.
For a more effective air
quality management, a system of planning and coordination shall be
established
and a
common
action plan shall be formulated for each airshed.
To effectively carry out
the formulated action plans, a Governing Board is hereby created,
hereinafter
referred
to
as the Board.
The Board shall be headed
by the Secretary of the Department of Environment and Natural Resources
as
chairman.
The members shall be as follows:chanroblesvirtuallawlibrary
a) Provincial
Governors
from areas belonging to the airshed;b) City/Municipal
Mayors
from areas belonging to the airshed;
c) A representative
from
each concerned government agency;
d) Representatives
from people’s
organizations;
e) Representatives
from non-government
organizations; and
f) Representatives
from the
private sector.
The Board shall perform the
following functions:chanroblesvirtuallawlibrary
a) Formulation of
policies;b) Preparation of a
common
action plan;
c) Coordination of
functions
among its members; and
d) Submission and
publication
of an annual Air Quality Status Report for each airshed.
Upon consultation with appropriate
local government authorities, the Department shall, from time to time,
revise
the
designation of airsheds utilizing eco-profiling techniques and
undertaking
scientific studies.chanrobles virtualawlibrary
Emissions trading may be
allowed among pollution sources within an airshed.
SEC. 10. Management of
Non-attainment Areas.- The Department shall designate areas where
specific pollutants have already
exceeded ambient standards as 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 resources.
In coordination with other
appropriate government agencies, the LGUs shall prepare and implement a program and other measures
including relocation, whenever necessary, to protect the health and
welfare
of
residents
in the area.
For those designated as nonattainment
areas, the Department, after consultation with local government
authorities, nongovernment
organizations
(NGOs), people’s organizations (POs) and concerned sectors may
revise the designation of
such
areas and expand its coverage to cover larger areas depending on the
condition of the areas.
SEC. 11. Air Quality
Control Techniques.- Simultaneous with the issuance of the
guideline
values and
standards,
the Department, through the research and development program contained
in this Act and upon consultation
with appropriate advisory committees, government agencies and LGUs,
shall
issue, and from time
to
time, revise information on air pollution control techniques.
Such information shall
include:chanroblesvirtuallawlibrary
a) Best available
technology
and alternative methods of prevention, management and control of air
pollution;b) Best available
technology
economically achievable which shall refer to the technological
basis/standards
for emission limits
applicable
to existing, direct industrial emitters of nonconventional and toxic
pollutants;
and
c) Alternative
fuels, processes
and operating methods which will result in the eliminator or
significant
reduction
of
emissions.
Such information may also include
data relating to the cost of installation and operation, energy
requirements,
emission reduction
benefits,
and environmental impact or the emission control technology.chanrobles virtualawlibrary
The issuance of air quality
guideline values, standards and information on air quality control
techniques
shall
be
made available to the general public: Provided, That the issuance of
information
on air quality control
techniques
shall not be construed as requiring the purchase of certain pollution
control
devices by the public.
SEC. 12. Ambient Air Quality
Guideline Values and Standards.- The Department, in coordination
with other concerned agencies,
shall review and or revise and publish annually a list of hazardous air
pollutants
with
corresponding ambient guideline values and/or standard necessary to
protect
health and safety, and
general
welfare. The initial list and values of the hazardous air pollutants
shall
be as follows:chanroblesvirtuallawlibrary
a) For National Ambient Air
Quality Guideline for Criteria Pollutants:chanroblesvirtuallawlibrary
|
|
Short
Term a |
|
Long
Term b |
|
|
Pollutants |
µg/Ncm |
ppm |
Averaging
Time |
µg/Ncm |
ppm |
Averaging
Time |
Suspended
Particulate
Matterc-TSP |
230d |
|
24 hours |
90 |
---- |
1 yeare |
-PM-10 |
150f |
|
24 hours |
60 |
---- |
1 yeare |
Sulfur
Dioxidec |
180 |
0.07 |
24 hours |
80 |
0.03 |
1 year |
Nitrogen
Dioxide |
150 |
0.08 |
24 hours |
---- |
---- |
---- |
Photochemical
Oxidants |
140 |
0.07 |
1 hour |
---- |
---- |
---- |
As Ozone |
60 |
0.03 |
8
hours |
---- |
---- |
---- |
Carbon
Monoxide
35 |
30 |
1
hour |
---- |
---- |
---- |
---- |
|
mg/Ncm |
|
|
|
|
|
|
10 |
9 |
8 hours |
---- |
---- |
---- |
|
mg/Ncm |
|
|
|
|
|
Leadg |
1.5 |
---- |
3 monthsg |
1.0 |
---- |
1 year |
a
Maximum limits represented by ninety-eight percentile (98%) values not
to be exceed more than once a year.
b
Arithmetic mean
c
SO2 and Suspended Particulate matter are sampled once every six days
when
using the manual methods. A minimum of twelve sampling days per quarter
of forty-eight sampling days each year is required for these methods.
Daily
sampling may be done in the future once continuous analyzers are
procured
and become available.
d
Limits for Total Suspended Particulate Matter with mass median diameter
less than 25-50 um.
e
Annual Geometric Mean
f
Provisional limits for Suspended Particulate Matter with mass median
diameter
less than 10 microns and below until sufficient monitoring data are
gathered
to base a proper guideline.
g
Evaluation of this guideline is carried out for 24-hour averaging time
and averaged over three moving calendar months. The monitored average
value
for any three months shall not exceed the guideline value.
b) For National Ambient Air
Quality Standards for Source Specific Air Pollutants from:chanroblesvirtuallawlibrary
Industrial Sources/
Operations:chanroblesvirtuallawlibrary
Pollutants1 |
Concentration2 |
|
Averaging
time (min.) |
Method
of
Analysis/ Measurement3 |
|
µ/Ncm |
ppm |
|
|
|
|
|
|
|
1.
Ammonia |
200 |
0.28 |
30 |
Nesselerization/
Indo Phenol |
2.
Carbon Disulfide |
30 |
0.01 |
30 |
Tischer
Method |
3.
Chlorine and
Chlorine Compounds expressed as Cl2 |
100 |
0.03 |
5 |
Methyl
Orange |
4.
Formaldehyde |
50 |
0.04 |
30 |
Chromotropic
acid Method or MBTH Colorimetric Method |
5.
Hydrogen Chloride |
200 |
0.13 |
30 |
Volhard
Titration
with Iodine Solution |
6.
Hydrogen Sulfide |
100 |
0.07 |
30 |
Methylene
Blue |
7.
Lead |
20 |
|
30 |
AASc |
8.
Nitrogen Dioxide |
375,260 |
0.20,0.14 |
30,60 |
Greiss-
Saltzman |
9.
Phenol |
100 |
0.03 |
30 |
4-Aminoantiphyrine |
10.
Sulfur Dioxide |
470,
340 |
0.18,
0.13 |
30,60 |
Colorimetric-Pararosaniline |
11.
Suspended
Particulate |
|
|
|
|
Matter-TSP |
300 |
---- |
60 |
Gravimetric |
1
Pertinent ambient standards for Antimony,
Arsenic, Cadmium,
Asbestos,
Nitric Acid and Sulfuric Acid Mists in the 1978 NPCC Rules and
Regulations
may be considered as guides in determining compliance.
The basis in setting up the
ambient air quality guideline values and standards shall reflect, among
others, the latest scientific knowledge including information on:chanroblesvirtuallawlibrary
a) Variable, including
atmospheric
conditions, which of themselves or in combination with other factors
may
alter the effects on public health or welfare of such air pollutant;b) The other types of
air
pollutants which may interact with such pollutant to produce an adverse
effect on public health or welfare; and
c) The kind and
extent of
all identifiable effects on public health or welfare which may be
expected
from presence of such pollutant in the ambient air, in varying
quantities.
The Department shall base such
ambient air quality standards on World Health Organization (WHO)
standards,
but shall not be limited to nor be less stringent than such standards.chanrobles virtualawlibrary
SEC. 13. Emission Charge
System.- The Department, in case of industrial dischargers, and the
Department of
Transportation
and Communication (DOTC), in case of motor vehicle dischargers, shall,
based on
environmental
techniques, design, impose on and collect regular emission fees from
said
dischargers as part
of
the emission permitting system or vehicle registration renewal system,
as the case may be. The system shall
encourage
the industries and motor vehicles to abate, reduce, or prevent
pollution.
The basis of the fees
include,
but is not limited to, the volume and toxicity of any emitted
pollutant.
Industries, which shall install
pollution
control devices or retrofit their existing facilities with mechanisms
that
reduce pollution shall be entitled
to
tax incentives such as but not limited total credits and/or accelerated
depreciation deductions.
SEC. 14. Air Quality Management
Fund.- An Air Quality Management Fund to be administered by the Department as a special
account in the National Treasury is hereby established to finance
containment,
removal, and clean-up
operations
of the Government in air pollution cases, guarantee restoration of
ecosystems and
rehabilitate
areas affected by the acts of violators of this Act, to support
research,
enforcement
and
monitoring activities and capabilities of the relevant agencies, as
well
as to provide technical assistance to
the
relevant agencies. Such fund may likewise be allocated per airshed for
the undertakings herein stated.
The Fund shall be sourced
from the fines imposed and damages awarded to the Republic of the
Philippines
by the Pollution
Adjudication
Board (PAB), proceeds of licenses and permits issued by the Department
under
this
Act, emission fees and from donations, endowments and grants in the
forms
of contributions. Contributions
to
the Fund shall be exempted from donor taxes and all other taxes,
charges
or fees imposed by the
Government.
SEC. 15. Air Pollution
Research and Development Program.- The Department, in coordination
with the
Department
of Science and Technology (DOST), other agencies, the private sector,
the
academe, NGO’s and
PO’s,
shall establish a National Research and Development Program for the
prevention
and control of air
pollution.
The Department shall give special emphasis to research on and the
development
of improved
methods
having industry-wide application for the prevention and control of air
pollution.
Such a research and development
program shall develop air quality guideline values and standards in
addition to
internationally-accepted
standards. It shall also consider the socio-cultural, political and
economic
implications of air
quality
management and pollution control.
Article TwoAir Pollution
Clearancesand Permits for
Stationary
Sources
SEC. 16. Permits.-
Consistent with the provisions of this Act, the Department shall have
the
authority to issue permits
as it may determine necessary for the prevention and abatement of air
pollution.
Said permits shall cover
emission limitations for the regulated air pollutants to help attain
and
maintain the
ambient
air quality standards. These permits shall serve as management tools
for
the LGUs in the
development
of their action plan.
SEC. 17. Emission Quotas.-
The Department may allow each regional industrial center that is
designated
as
special
airshed to allocate emission quotas to pollution sources within its
jurisdiction
that qualify under an
environmental
impact assessment system programmatic compliance program pursuant to
the
implementing
rules
and regulations of Presidential Decree No. 1586.
SEC. 18. Financial Liability
for Environmental Rehabilitation.- As part of the environmental
management
plan
attached
to the environmental compliance certificate pursuant to Presidential
Decree
No. 1586 and rules and
regulations
set therefor, the Department shall require program and project
proponents
to put up financial
guarantee
mechanisms to finance the needs for emergency response, clean-up
rehabilitation
of areas that may be damaged during the
program or project’s actual implementation. Liability for damages shall
continue
even
after the termination of a program or project, where such damages are
clearly
attributable to that program
or
project and for a definite period to be determined by the Department
and
incorporated into the environmental
compliance
certificate.
Financial liability instruments
may be in the form a trust fund, environmental insurance, surety bonds,
letters of
credit,
as well as self-insurance. The choice of the guarantee instruments
shall
furnish the Department with
evidence
of availment of such instruments.
Article ThreePollution from
Stationary
Sources
SEC. 19. Pollution From
Stationary Sources.- The Department shall, within two (2) years
from
the effectivity of
this
Act, and every two (2) years thereafter, review, or as the need
therefore
arises, revise and publish
emission
standards, to further improve the emission standards for stationary
sources
of air pollution. Such
emission
standards shall be based on mass rate of emission for all stationary
source
of air pollution based on
internationally
accepted standards, but not be limited to, nor be less stringent than
such
standards and with the
standards
set forth in this section. The standards, whichever is applicable,
shall
be the limit on the acceptable
level
of pollutants emitted from a stationary source for the protection of
the
public’s health and welfare.
With respect to any trade,
industry, process and fuel-burning equipment or industrial plant
emitting
air
pollutants,
the concentration at the point of emission shall not exceed the
following
limits:chanroblesvirtuallawlibrary
Pollutants |
Standard
Applicable to Source |
Maximum
Permissible
Limits (mg/Ncm) |
Method
of
Analysisa |
1.
Antimony and
Its compounds |
any
source |
10 as Sb |
AASb |
2.
Arsenic and
its compounds |
Any
source |
10 as
As |
AASb |
3.
Cadmium and
its compounds |
Any
source |
10 as
Cd |
AASb |
4.
Carbon Monoxide |
Any
industrial
Source |
500 as
CO |
Orsat
analysis |
5.
Copper and
its Compounds |
Any
industrial
source |
100 ax
Cu |
AASb |
6.
Hydrofluoric
Acids and Fluoride compounds |
Any
source other
than the manufacture of Aluminum from Alumina |
50 as HF |
Titration
with
Ammonium Thiocyanate |
7.
Hydrogen Sulfide |
i)
Geothermal
Power Plants |
c.d |
Cadmium
Sulfide
Method |
|
ii)
Geothermal
Exploration and well-testing |
e |
|
|
iii)
Any source
other than (i) and (ii) |
7 as H2S |
Cadmium
Sulfide
Method |
8.
Lead |
Any
trade, industry
or process |
10 as
Pb |
AASb |
9.
Mercury |
Any
Source |
5 as
elemental
Hg |
AASb/Cold-Vapor
Technique or Hg Analyzer |
10.
Nickel and
its compounds, except Nickel Carbonyl f |
Any
source |
20 as Ni |
AASb |
11. NOx |
i)
Manufacture
of Nitric Acid |
2,000
as acid
and NOx and calculated as NO2 |
Phenol-disulfonic
acid Method |
|
ii)
Fuel burning
steam generators |
|
Phenol-disulfonic
acid Method |
|
Existing
Source |
1,500
as NO2 |
|
|
New
Source |
|
|
|
•
Coal-Fired |
1,000
as NO2 |
|
|
•
Oil-Fired |
500 as
NO2 |
|
|
iii)
Any source
other than (i) adn (ii) |
|
Phenol-disulfonic
acid Method |
|
Existing
Source |
1000 as
NO2 |
|
|
New
Source |
500 as
NO2 |
|
12.
Phosphorus
Pentoxideg |
Any
source |
200 as
P2O5 |
Spectrophotometry |
13.
Zinc and
its Compounds |
Any
source |
100 as
Zn |
AASb |
a
Other equivalent methods approved by the Department may be used.
b
Atomic Absorption Specttrophotometry
c
All new geothermal power plants starting construction by 01 January
1995
shall control HsS emissions to not more than 150 g/GMW-Hr
d
All existing geothermal power plants shall control HsS
emissions
to not more than 200 g/GMW-Hr within 5 years from the date of
effectivity
of these revised regulations.
e
Best practicable control technology for air emissions and liquid
discharges.
Compliance with air and water quality standards is required.
f
Emission limit of Nickel Carbonyl shall not exceed 0.5 mg/Ncm.
g
Provisional Guideline
Provided, That the maximum limits
in mg/ncm particulates in said sources shall be:chanroblesvirtuallawlibrary
1.
Fuel Burning Equipment |
|
a)
Urban or Industrial Area |
150
mg/Ncm |
b)
Other Area |
200
mg/Ncm |
2.
Cement Plants (Kilns, etc.) |
150
mg/Ncm |
3.
Smelting Furnaces |
150
mg/Ncm |
4.
Other Stationary Sourcesa |
200
mg/Ncm |
a
Other Stationary Sources means a trade, process, industrial plant, or
fuel
burning equipment other than thermal power plants, industrial boilers,
cement plants, incinerators and smelting furnaces.
Provided, further, That the
maximum limits for sulfur oxides in said sources shall be:chanroblesvirtuallawlibrary
(1)
Existing
Sources |
|
(i)
Manufacture
of Sulfuric Acid and Sulf(on)ation Process |
2.0gm.Ncm
as
SO3 |
(ii)
Fuel burning
Equipment |
1.5gm.Ncm
as
SO2 |
(iii)
Other Stationary
Sourcesa |
1.0gm.Ncm
as
SO3 |
(2) New
Sources |
|
(i)
Manufacture
of Sulfuric Acid and Sulf(on)ation Process |
1.5
gm.Ncm as
SO3 |
(ii)
Fuel Burning
Equipment |
0.7
gm.Ncm as
SO2 |
(iii)
Other Stationary
Sourcesa |
0.2
gm.Ncm as
SO3 |
a
Other Stationary Sources refer to existing and new stationary sources
other
than those caused by the manufacture of sulfuric acid and sulfonation
process,
fuel burning equipment and incineration.
For stationary sources of pollution
not specifically included in the immediately preceding paragraph, the
following
emission standards shall not be exceeded in the exhaust gas:chanroblesvirtuallawlibrary
I. Daily And Half Hourly
Average Values
|
Daily
Average
Values |
Half
Hourly
Average Values |
Total
dust |
10
mg/m3 |
30 mg/m3 |
Gaseous
and vaporous organic substances, expressed as total organic carbon |
10
mg/m3 |
20 mg/m3 |
Hydrogen
chloride (HCl) |
10
mg/m3 |
60 mg/m3 |
Hydrogen
fluoride (HF) |
1
mg/m3 |
4 mg/m3 |
Sulfur
dioxide (SO2) |
50
mg/m3 |
200 mg/m3 |
Nitrogen
monoxide (NO) and Nitrogen dioxide (NO2), expressed as
nitrogen
dioxide for incineration plants with a capacity exceeding 3 tonnes per
hour |
200
mg/m3 |
400 mg/m3 |
Nitrogen
monoxide (NO) and nitrogen dioxide (NO2), expressed as
nitrogen
dioxide for incineration plants with a capacity of 3 tonnes per hour or
less |
300
mg/m3 |
|
Ammonia |
10
mg/m3 |
20 mg/m3 | II. All the Average Values
Over
the Sample Period of a Minimum of 4 and Maximum of 8 Hours.
Cadmium
and its compounds, expressed as cadmium (Cd) |
total
0.05 |
Thallium
and its compounds, expressed as thallium (Tl) |
mg/m3 |
Mercury
and its Compounds, expressed as mercury (Hg) |
0.05
mg/m3 |
Antimony
and its compounds, expressed as antimony (Sb) |
|
Arsenic
and its compounds, expressed as arsenic (As) |
total
0.5 mg/m3 |
Lead
and its compounds, expressed as lead ( Pb) |
|
Chromium
and its compounds, expressed as chromium (Cr) |
|
Cobalt
and its compounds, expressed as cobalt (Co) |
|
Copper
and its compounds, expressed as copper (Cu) |
|
Manganese
and its compounds, expressed as manganese (Mn) |
|
Nickel
and its compounds, expressed as nickel (Ni) |
|
Vanadium
and its compounds, expressed as vanadium (V) |
|
Tin
and its compounds, expressed as tin (Sn) |
| These average values cover
also
gaseous and the vapor forms of the relevant heavy metal emission as
well
as their compounds: Provided, That the emission of dioxins and furans
into
the air shall be reduced by the most progressive techniques: Provided,
further, That all average of dioxin and furans measured over the sample
period of a minimum of 5 hours and maximum of 8 hours must not exceed
the
limit value of 0.1 nanogram/m3.chanrobles virtualawlibrary
Pursuant to Sec. 8 of this
Act, the Department shall prepare a detailed action plan setting the
emission
standards or standards of performance for any stationary source the
procedure
for testing emissions for each type of pollutant, and the procedure for
enforcement of said standards.
Existing industries, which
are proven to exceed emission rates established by the Department in
consultation
with stakeholders, after a thorough, credible and transparent
measurement
process shall be allowed a grace period of eighteen (18) months for the
establishment of an environmental management system and the
installation
of an appropriate air pollution control device : Provided, That an
extension
of not more than twelve (12) months may be allowed by the Department on
meritorious grounds.
SEC. 20. Ban on
Incineration.- Incineration, hereby defined as the burning of
municipal,
biomedical and
hazardous
waste, which process emits poisonous and toxic fumes is hereby
prohibited;
Provided, however,
That
the prohibition shall not apply to traditional small-scale method of
community/neighborhood
sanitation
“siga”,
traditional, agricultural, cultural, health, and food preparation and
crematoria;
Provided, further, That
existing
incinerators dealing with a biomedical wastes shall be out within three
(3) years after the effectivity of
this
Act; Provided, finally, that in the interim, such units shall be
limited
to the burning of pathological and
infectious
wastes, and subject to close monitoring by the Department.
Local government units are
hereby mandated to promote, encourage and implement in their respective
jurisdiction a
comprehensive
ecological waste management that includes waste segregation, recycling
and
composting.
With due concern on the effects
of climate change, the Department shall promote the use of
state-of-the-art,
environmentally-sound and
safe
non-burn technologies for the handling, treatment, thermal destruction,
utilization, and disposal
of
sorted, unrecycled, uncomposted, biomedical and hazardous wastes.
Article FourPollution from
Motor
Vehicles
SEC. 21. Pollution from
Motor Vehicles.- a) The DOTC shall implement the emission standards
for motor
vehicles
set pursuant to and as provided in this Act. To further improve the
emission
standards, the Department
shall
review, revise and publish the
standards
every two (2) years, or as the need arises. It shall consider the
maximum
limits for all major
pollutants
to ensure substantial improvement in air quality for the health, safety
and welfare of the general
public.
The following emission standards
for type approval of motor vehicles shall be effective by the year 2003:chanroblesvirtuallawlibrary
a) For light duty vehicles,
the exhaust emission limits for gaseous pollutants shall be:chanroblesvirtuallawlibrary
Emission
Limits for Light Duty VehiclesType
Approval(Directive
91/441/EEC)
CO (g/km) |
HC
+ NOx (g/km) |
PMa (g/km) |
2.72 |
0.97 |
0.14 | a
for compression-ignition engines only
b) For light commercial vehicles,
the exhaust emission limit of gaseous pollutants as a function of the
given
reference mass shall be:chanroblesvirtuallawlibrary
|
Reference
Weight (RW) (kg) |
CO
(g/km) |
HC
+ NOx
(g/km) |
PMa
(g/km) |
Category
1 |
1250<
RW |
2.72 |
0.97 |
0.14 |
Category
2 |
1250<
RW<1700 |
5.17 |
1.4 |
0.19 |
Category
3 |
RW>1700 |
6.9 |
1.7 |
0.25 |
a
for compression-ignition engines only
c) For heavy duty vehicles,
the exhaust emission limits of gaseous pollutants shall be:chanroblesvirtuallawlibrary
CO (g/k/Wh) |
HC (g/k/Wh) |
NOx (g/k/Wh) |
PM (g/k/Wh) |
4.5 |
1.1 |
8.0 |
0.36a |
a
In the case of engines of 85 kW or less, the limit value for
particular
emissions in increased by multiplying the quoted limit by a coefficient
of 1.7
Fuel evaporative emission for
spark-ignition engines shall not exceed 2.0 grams hydrocarbons per
test.
Likewise, it shall not allow any emission of gases from crankcase
ventilation
system into the atmosphere.chanrobles virtualawlibrary
b) The Department, in collaboration
with the DOTC, DTI and LGUs, shall develop an action plan for the
control
and management of air
pollution
from motor vehicles consistent with the Integrated Air Quality
Framework.
The
DOTC
shall enforce compliance with the emission standards for motor vehicles
set by the Department. The
DOTC
may deputize other law enforcement agencies and LGUs for this purpose.
To this end, the DOTC shall
have
the power to:chanroblesvirtuallawlibrary
[1] Inspect and
monitor
the emissions of motor vehicles;[2] Prohibit or
enjoin the
use of motor vehicles or a class of motor vehicles in any area or
street
at specified
times;
and
[3] Authorize
private testing
emission testing centers duly accredited by the DTI.
c) The DOTC, together with the
DTI and the Department, shall establish the procedures for the
inspection
of
motor
vehicles and the testing of their emissions for the purpose of
determining
the concentration and/or rate of
pollutants
discharged by said sources.chanrobles virtualawlibrary
d) In order to ensure the
substantial reduction of emissions from motor vehicles, the Department
of Trade
and
Industry (DTI), together with the DOTC and the Department shall
formulate
and implement a national motor
vehicle
inspection and maintenance program that will promote efficient and safe
operation of all motor vehicles.
In
this regard, the DTI shall develop and implement standards and
procedures
for the certification of training institutions, instructors
and facilities and the licensing of qualified private service centers
and
their technicians
as
prerequisite for performing the testing, servicing, repair and the
required
adjustment to the vehicle emission
system.
The DTI shall likewise prescribe regulations requiring the disclosure
of
odometer readings and the
use
of tamper-resistant odometers for all motor vehicles including
tamper-resistant
fuel management systems
for
the effective implementation of the inspection and maintenance program.
SEC. 22. Regulation of
All Motor Vehicles and Engines.- Any imported new or
locally-assembled
new motor
vehicle
shall not be registered unless it complies with the emission standards
set pursuant to this Act, as
evidenced
by a Certificate of Conformity (COC) issued by the Department.
Any imported new motor vehicle
engine shall not be introduced into commerce, sold or used unless it complies with emission
standards
set pursuant to this Act.
Any imported used motor vehicle
or rebuilt motor vehicle using new or used engines, major parts or components shall not be
registered unless it complies with the emission standards.
In case of non-compliance,
the importer or consignee may be allowed to modify or rebuild the
vehicular
engine
so
it will be in compliance with applicable emission standards.
No motor vehicle registration
(MVR) shall be issued unless such motor vehicle passes the emission
testing
requirement promulgated in
accordance
with this Act. Such testing shall be conducted by the DOTC or its
authorized inspection
centers
within sixty (60) days prior to date of registration.
The DTI shall promulgate
the necessary regulations prescribing the useful life of vehicles and
engines
including devices in order
to
ensure that such vehicles will conform to the emissions which they were
certified
to
meet. These regulations shall include provisions for ensuring the
durability
of emission devices.
SEC. 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 FivePollution from
Other
Sources
SEC. 24. Pollution from
smoking.- 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 under
this
Act. This provision shall be
implemented
by the LGUs.
SEC. 25. Pollution from
other mobile sources.- The Department, in coordination with
appropriate
agencies,
shall
formulate and establish the necessary standards for all mobile sources
other than those referred to in
Sec.
21 of this Act. The imposition of the appropriate fines and penalties
from
these sources for any violation of
emission
standards shall be under the jurisdiction of the DOTC.
Chapter 3Fuels, Additives,
Substances
and PollutantsArticle OneFuels, Additives
and
Substances
SEC. 26. Fuels and Additives.-
Pursuant to the Air Quality Framework to be established under Section 7
of this
Act,
the Department of Energy (DOE), co-chaired by the Department of
Environment
and Natural Resources
(DENR),
in consultation with the Bureau of Product Standards (BPS) of the DTI,
the DOST, the representatives
of
the fuel and automotive industries, academe and the consumers shall set
the specifications for all types of fuel and fuel-related
products,
to improve fuel composition for increased efficiency and reduced
emissions:chanroblesvirtuallawlibrary
Provided, however, that
the
specifications for all types of fuel and fuel-related products
set-forth
pursuant to this section shall be adopted
by the BPS as Philippine National Standards (PNS).
The DOE shall also specify
the allowable content of additives in all types of fuels and
fuel-related
products.
Such
standards shall be based primarily on threshold levels of health and
research
studies. On the basis of
such
specifications, the DOE shall likewise limit the content or begin that
phase-out of additives in all types of
fuels
and fuel-related products as it may deem necessary. Other agencies
involved
in the performance of this
function
shall be required to coordinate with the DOE and transfer all documents
and information necessary for
the
implementation of this provision.
Consistent with the provisions
of the preceding paragraphs under this section, it is declared that:chanroblesvirtuallawlibrary
a) not later than
eighteen
(18) months after the effectivity of this Act, no person shall
manufacture,
import, sell,
supply,
offer for sale, dispense, transport or introduce into commerce unleaded
premium gasoline fuel which
has
an anti-knock index (AKI) of not less that 87.5 and Reid vapor pressure
of not more than 9 psi. Within six
(6)
months after the effectivity of this Act, unleaded gasoline fuel shall
contain aromatics not to exceed forty-five
percent (45%) by
volume and
benzene not to exceed four percent (4%) by volume; Provided, that by
year
2003, unleaded
gasoline fuel
should contain aromatics not to exceed thirty-five percent (35%) by
volume
and
benzene
not to exceed two percent (2%) by volume;b) not later
than eighteen
(18) months after the effectivity of this Act, no person shall
manufacture,
import, sell,
supply,
offer for sale, dispense, transport or introduce into commerce
automotive
diesel fuel which contains a
concentration
of sulfur in excess of 0.20% by weight with a cetane number of index of
not less than forty-eight(48):
Provided, That by year 2004, content of said sulfur shall be 0.05% by
weight;
and
c) not later than
eighteen
(18) months after the effectivity of this Act, no Person shall
manufacture,
import, sell,
supply,
offer for sale, dispense, transport or introduce into commerce
industrial
diesel fuel which contains a
concentration
of sulfur in excess of 0.30% (by weight).
Every two (2) years thereafter
or as the need arises, the specifications of unleaded gasoline and of
automotive
and industrial diesel
fuels
shall be reviewed and revised for further improvement in formulation
and
in
accordance
with the provisions of this Act.chanrobles virtualawlibrary
The fuels characterized above
shall be commercially available. Likewise, the same shall be the
reference
fuels
for
emission and testing procedures to be established in accordance with
the
provisions of this Act.
Any proposed additive shall
not in any way increase emissions of any of the regulated gases which
shall
include, but not limited
to
carbon monoxide, hydrocarbons, and oxides of nitrogen and particulate
matter,
in
order
to be approved and certified by the Department.
SEC. 27. Regulation of
Fuels and Fuel Additives.- The DOE, in coordination with the
Department
and the BPS,
shall
regulate the use of any fuel or fuel additive. No manufacturer,
processor
or trader of any fuel or additive
may
import, sell, offer for sale, or introduce into commerce such fuel for
additive unless the same has been registered with the DOE.
Prior to registration, the manufacturer, processor or trader shall
provide
the DOE with
the
following relevant information:chanroblesvirtuallawlibrary
a) Product
identity
and composition to determine the potential health effects of such fuel
additives;b)
Description of the
analytical technique that can be used to detect and measure the
additive
in any fuel;
c) Recommended
range of concentration;
and
d) Purpose in the
use of
the fuel and additive.
SEC. 28. Misfueling.-
In order to prevent the disabling of any emission control device by
lead
contamination, no
person
shall introduce or cause or allow the introduction of leaded gasoline
into
any motor vehicle equipped
with
a gasoline tank filler inlet and labeled “unleaded gasoline only“.
This prohibition shall also apply to any
person
who knows or should know that such vehicle is designed solely for the
use
of unleaded gasoline.chanrobles virtualawlibrary
SEC. 29. Prohibition on
Manufacture, Import and Sale of leaded Gasoline and of Engines and/or
ComponentsRequiring Leaded Gasoline.-Effective not later than eighteen (18) months after the enactment of
this
Act, no
person
shall manufacture, import, sell, offer for sale, introduce into
commerce,
convey or otherwise dispose of,
in
any manner, leaded gasoline and engines and components requiring the
use
of leaded gasoline.
For existing vehicles, the
DTI shall formulate standards and procedures that will allow
non-conforming
engines
to
comply with the use of unleaded fuel within five(5) years after the
effectivity
of this Act.
Article TwoOther Pollutants
SEC. 30. Ozone-Depleting
Substances.- Consistent with the terms and conditions of the
Montreal
Protocol on
Substances
that Deplete the Ozone Layer and other international agreements and
protocols
to which the
Philippines
is a signatory, the Department shall phase out ozone-depleting
substances.
Within sixty (60) days after
the enactment of this Act, the Department shall publish a list of
substances
which are
known
to cause harmful effects on the stratospheric ozone layer.
SEC. 31. Greenhouse Gases.-
The Philippine Atmospheric, Geophysical and Astronomical Service Administration (PAGASA)
shall regularly monitor meteorological factors affecting environmental
conditions
including
ozone depletion and greenhouse gases and coordinate with the Department
in order to effectively
guide
air pollution monitoring and standard-setting activities.
The Department, together
with concerned agencies and local government units, shall prepare and
fully
implement a national plan
consistent
with the United Nations Framework Convention on Climate Change and
other international
agreements,
conventions and protocols on the reduction of greenhouse gas emissions
in
the
country.
SEC. 32. Persistent Organic
Pollutants.- The Department shall, within a period of two (2) years
after the
enactment
of this Act, establish an inventory list of all sources of Persistent
Organic
Pollutants (POPs) in the
country.
The Department shall develop short-term and long-term national
government
programs on the
reduction
and elimination of POPs such as dioxins and furans. Such programs shall
be formulated within ayear
after the establishment of the inventory list.
SEC. 33. Radioactive Emissions.-
All projects which will involve the use of atomic and/or nuclear
energy,
and
will
entail release and emission of radioactive substances into the
environment,
incident to the establishment or
possession
of nuclear energy facilities and radioactive materials, handling,
transport,
production, storage, and
use
of radioactive materials, shall be regulated in the interest of public
health and welfare by the Philippine Nuclear Research Institute
(PNRI), in coordination with Department and other appropriate government agencies.
Chapter 4Institutional
Mechanism
SEC. 34. Lead Agency.-
The Department, unless otherwise provided herein, shall be the primary
government
agency
responsible for the implementation and enforcement of this Act. To be
more
effective in this regard, The
Department’s
Environmental Management Bureau (EMB) shall be converted from a staff
bureau
to a line
bureau
for a period of no more than two (2) years, unless a separate,
comprehensive
environmental
management
agency is created.
SEC. 35. Linkage Mechanism.-
The Department shall consult, participate, cooperate and enter into
agreement
with other government
agencies,
or with affected non-governmental (NGOs) or people’s organizations
(POs),or private
enterprises
in the furtherance of the objectives of this Act.
SEC. 36. Role of Local
Government Units.- Local Government Units (LGUs) shall share the
responsibility
in the
management
and maintenance of air quality within their territorial jurisdiction.
Consistent
with Sections 7, 8 and 9 of
this
Act, LGUs shall implement air quality standards set by the Board in
areas
within their jurisdiction; Provided,
however,
That in case where the board has not been duly constituted and has not
promulgated its standards,
the
standards set forth in this Act shall apply.
The Department shall provide
the LGUs with technical assistance, trainings and a continuing capability-building
program
to prepare them to undertake full administration of the air quality
management
and
regulation
within their territorial jurisdiction.
SEC. 37. Environmental
and Natural Resources Office.- There may be established an
Environment
and Natural
Resources
Office in every province, city, or municipality which shall be headed
by
the environment and natural
resources
officer and shall be appointed by the Chief Executive of every
province,
city or municipality in
accordance
with the provisions of Section 484 of Republic Act No. 7160. Its powers
and duties, among others,
are:chanroblesvirtuallawlibrary
a) To prepare
comprehensive
air quality management programs, plans and strategies within the limits
set forth
in
Republic act. No. 7160 and this Act which shall be implemented within
its
territorial jurisdiction upon the
approval
of the sanggunian;b) To provide
technical assistance
and support to the governor or mayor, as the case may be, in carrying
out
measures to ensure the
delivery
of basic services and the provision of adequate facilities relative to
air quality;
c) To take the lead
in all
efforts concerning air quality protection and rehabilitation;
d) To recommend to
the Board
air quality standards which shall not exceed the maximum permissible
standards set by
rational laws;
e) To coordinate with
other
government agencies and non-governmental organizations in the
implementation
of measures to prevent
and control
air pollution; and
f) Exercise such
other powers
and perform such duties and functions as may be prescribed by law or
ordinance: Provided,
however,
That in provinces/cities/municipalities where there are no environment
and
natural
resources officers, the local executive concerned may designate any of
his official and/or chief of office
preferably
the provincial, city or municipal agriculturist, or any of his
employee:
Provided, finally, That in case an
employee
is designated as such, he must have sufficient experience in
environmental
and natural resources
management,
conservation and utilization.
SEC. 38. Record-keeping,
Inspection, Monitoring and Entry by the Department.- The Department
or its duly
accredited
entity shall, after proper consultation and notice, require any person
who owns or operates any
emissions
source or who is subject to any requirement of this Act to:chanroblesvirtuallawlibrary
(a) establish and
maintain
relevant
records;(b) make relevant
reports;
(c) install, use and
maintain
monitoring equipment or methods;
(d) sample
emission, in accordance
with
the methods, locations, intervals and manner prescribed by the
Department;
(e)keep records on control
equipment
parameters, production variables or other indirect data when direct
monitoring of emissions
is impractical;
and
(f) provide such
other information
as the Department may
reasonably
require.
Pursuant to this Act, the Department,
through its authorized representatives, shall have the right of:chanroblesvirtuallawlibrary
(a) entry or
access to any premises
including
documents and relevant materials as referred to in the herein preceding
paragraph;(b) inspect any
pollution
or waste source, control device, monitoring equipment or method
required; and
(c) test any emission.
Any record, report or information
obtained under this section shall be made available to the public,
except
upon a satisfactory
showing
to the Department by the entity concerned that the record, report or
information,
or
parts
thereof, if made public, would divulge secret methods or processes
entitled
to protection as intellectual
property.
Such record, report or information shall likewise be incorporated in
the
Department’s industrial rating
system.chanrobles virtualawlibrary
SEC. 39. Public Education
and Information Campaign.- A continuing air quality information and
education
campaign
shall promoted by the Department, the Department of Education, Culture
and Sports (DECS), the
Department
of the Interior and Local Government (DILG), the Department of
Agriculture
(DA) and the Philippine
Information
Agency (PIA). Consistent with Sec. 7 of this Act, such campaign shall
encourage
the participation of
other
government agencies and the private sector including NGOs, POs, the
academe,
environmental groups
and
other private entities in a multi-sectoral information campaign.
Chapter 5Actions
SEC. 40. Administrative
Action.- Without prejudice to the right of any affected person to
file
an administrative
action,
the Department shall, on its own instance or upon verified complaint by
any person, institute
administrative
proceedings against any person who violates:chanroblesvirtuallawlibrary
(a) Standards or
limitation
provided under this Act; or(b) Any order, rule
or regulation
issued by the Department with respect to such standard or limitation.
SEC. 41. Citizen Suits.-
For purposes of enforcing the provisions of this Act or its
implementing
rules and
regulations,
any citizen may file an appropriate civil, criminal or administrative
action
in the proper courts
against:chanroblesvirtuallawlibrary
(a) Any person who
violates
or fails to comply with the provisions of this Act or its implementing
rules and
regulations;
or(b) The Department or
other
implementing agencies with respect to orders, rules and regulations
issued
inconsistent with this
Act;
and/or
(c) Any public
officer who
willfully or grossly neglects the performance of an act specifically
enjoined
as a duty
by
this Act or its implementing rules and regulations; or abuses his
authority
in the performance of his duty; or,
in
any manner, improperly performs his duties under this Act or its
implementing
rules and regulations:chanroblesvirtuallawlibrary
Provided,
however, That no suit can be filed until thirty-day (30) notice has
been
taken thereon.
The court shall exempt such
action from the payment of filing fees, except fees for actions not
capable
of
pecuniary
estimations, and shall likewise, upon prima facie showing of the
non-enforcement
or violation
complained
of, exempt the plaintiff from the filing of an injunction bond for the
issuance of a preliminary
injunction.chanrobles virtualawlibrary
Within thirty (30) days,
the court shall make a determination if the compliant herein is
malicious
and/or baseless
and
shall accordingly dismiss the action and award attorney’s fees and
damages.
SEC. 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.
SEC. 43. Suits and Strategic
Legal Actions Against Public Participation and the Enforcement of This
Act.- Where
a
suit is brought against a person who filed an action as provided in
Sec.
41 of this Act, or against any
person,
institution or government agency that implements this Act, it shall be
the duty of the investigating
prosecutor
or the court, as the case may be, to immediately make a determination
not
exceeding thirty (30)
days
whether said legal action has been filed to harass, vex, exert undue
pressure
or stifle such legal
recourses
of the person complaining of or enforcing the provisions of this Act.
Upon
determination thereof, evidence warranting the same, the court shall
dismiss
the case and award attorney’s fees and double
damages.
This provision shall also
apply and benefit public officers who are sued for acts committed in
their
official
capacity,
their being no grave abuse of authority, and done in the course of
enforcing
this Act.
SEC. 44. Lien Upon Personal
and Immovable Properties of Violators.- Fines and penalties imposed
pursuant to
this
Act shall be liens upon personal or immovable properties of the
violator.
Such lien shall, in case of insolvency
of
the respondent violator, enjoy preference to laborer’s wages under
Articles
2241 and 2242 of Republic ActNo.
386, otherwise known as the New Civil Code of the Philippines.
Chapter 6Fines and Penalties
SEC. 45. Violation of
Standards for Stationary Sources.- For actual exceedance of any
pollution
or air quality
standards
under this Act or its rules and regulations, the Department, through
the
Pollution Adjudication Board
(PAB),
shall impose a fine of not more than One hundred thousand pesos
(P100,000.00)
for every day of
violation
against the owner or operator of a stationary source until such time
that
the standards have been
complied
with.
For purposes of the application
of the fines, the PAB shall prepare a fine rating system to adjust the
maximum
fine
based on the violator’s ability to pay, degree of willfulness, degree
of
negligence, history of non-compliance
and
degree of recalcitrance: Provided, That in case of negligence, the
first
time offender’s ability to pay may
likewise
be considered by the Pollution Adjudication Board: Provided, further,
That
in the absence of any
extenuating
or aggravating circumstances, the amount of fine for negligence shall
be
equivalent to one-half of the fine for willful
violation.
The fines herein prescribed
shall be increased by at least ten percent (10%), every three (3) years
to
compensate
for inflation and to maintain the deterrent function of such fines.
In addition to the fines,
the PAB shall order closure, suspension of development, construction,
or
operations of
the
stationary sources until such time that proper environmental safeguards
are put in place: Provided, That an
establishment
liable for a third offense shall suffer permanent closure immediately.
This paragraph shall be
without
prejudice to the immediate issuance of an ex parte order for such
closure,
suspension of development
or
construction, or cessation of operations during the pendency of the
case
upon prima facie evidence that
their
is imminent threat to life, public health, safety or general welfare,
or
to plant or animal life, or whenever
there
is an exceedance of the emission standards set by the Department and/or
the Board and/or the
appropriate
LGU.
SEC. 46. Violation of
Standards for Motor Vehicles.- No motor vehicle shall be registered
with the DOTC unless
it
meets the emission standards set by the Department as provided in Sec.
21 hereof.
Any vehicle suspected of
violation of emission standards through visual signs, such as, but not
limited to
smoke-belching,
shall be subjected to an emission test by a duly authorized emission
testing
center. For this
purpose,
the DOTC or its authorized testing center shall establish a roadside
inspection
system. Should it be
shown
that there was no violation of emission standards, the vehicle shall be
immediately released. Otherwise,
a
testing result indicating an exceedance of the emission standards would
warrant the continuing custody of
the
impounded vehicle unless the appropriate penalties are fully paid, and
the license plate is surrendered to the DOTC pending the
fulfillment
of the undertaking by the owner/operator of the motor vehicle to make
the
necessary repairs so as to
comply
with the standards. A pass shall herein be issued by the DOTC to
authorize
the use of the motor
vehicle
within a specified period that shall not exceed seven (7) days for the
sole purpose
of
making the necessary repairs on the said vehicle. The owner/operator of
the vehicle shall be required to
correct
its defects and show proof of compliance to the appropriate pollution
control
office before the vehicle
can
be allowed to be driven on any public or subdivision roads.
In addition, the driver and
operator of the apprehended vehicle shall undergo a seminar on
pollution
control
management
conducted by the DOTC and shall also suffer the following penalties:chanroblesvirtuallawlibrary
a) First Offense - a
fine
not to exceed Two Thousand Pesos (P2,000.00);b) Second Offense - a
fine
not less than Two Thousand Pesos (P2,000.00) and not to exceed Four Thousand Pesos
(P4,000.00);
and
c) Third offense -
one (1)
year suspension of the Motor Vehicle Registration (MVR) and a fine of
not
less than
Four
Thousand Pesos (P4,000.00) and not more than Six thousand pesos
(P6,000.00).
Any violation of the provisions
of Sec. 21 paragraph (d) with regard to national inspection and
maintenance
program, including
technicians
and facility compliance shall penalized with a fine of not less than
Thirty
Thousand Pesos
(P30,000.00)
or cancellation of license of both the technician and the center, or
both,
as
determined
by the DTI.chanrobles virtualawlibrary
All law enforcement officials
and deputized agents accredited to conduct vehicle emissions testing and
apprehensions shall
undergo
a mandatory training on emission standards and regulations. For this
purpose,
the Department, together
with
the DOTC, DTI, DOST, Philippine National Police (PNP) and other
concerned
agencies and private
entities
shall design a training program.
SEC. 47. Fines and Penalties
for Violations of Other Provisions in the Act.- For violations of
all
other provisions
provided
in this Act and of the rules and regulations thereof, a fine of not
less
than Ten thousand pesos (P10,000) but not more than One Hundred
thousand
Pesos (P100,000) or six (6) months to six (6) years
imprisonment or both shall
be
imposed. If the offender is a juridical person, the president, manager,
directors,
trustees,
the pollution control officer or the officials directly in charge of
the
operations shall suffer the penalty
herein
provided.
SEC. 48. Gross Violations.-
In case of gross violation of this Act or its implementing rules and
regulations,
the
PAB
shall recommend to the proper government agencies to file the
appropriate
criminal charges against the
violators.
The PAB shall assist the public prosecutor in the litigation of the
case.
Gross violation shall mean:chanroblesvirtuallawlibrary
[a]
three (3) or more
specific offenses
within a period of one (1) year;[b] three (3) or more
specific
offenses with three (3) consecutive
years;
[c] blatant disregard
of
the orders of the PAB, such s but not limited to the breaking
of seal, padlocks and
other
similar devices, or operation despite the existence of an order for
closure,
discontinuance or
cessation
of operation; and
[d] irreparable or
grave
damage to the environment as a
consequence
of any violation of the provisions of this Act.
Offenders shall be punished
with imprisonment of not less than six (6) years but not more than ten
(10) years
at
the discretion of the court. If the offender is a juridical person, the
president, manager, directors, trustees, the
pollution control officer
or
the officials directly in charge of the operations shall suffer the
penalty
herein
provided.cralaw:red. Chapter 7Final Provisions
SEC. 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.
SEC. 50. Appropriations.-
An amount of Seven Hundred Fifty Million Pesos (P750,000,000.00) shall
be
appropriated
for the initial implementation of this Act, of which, the amount of
Three
Hundred Million Pesos(P300,000,000.00)
shall be appropriated to the Department; Two Hundred Million Pesos
(P200,000,000.00)
to the DTI; One Hundred
Fifty
Million Pesos (P150,000,000.00) to the DOTC; and One Hundred Million
Pesos (P100,000,000.00) to
the
DOE.
Thereafter, the amount necessary
to effectively carry out the provisions of this Act shall be included
in
the
General
Appropriations Act.
SEC. 51. Implementing
Rules and Regulations.- The Department, in coordination with the
Committees
on
Environment
and Ecology of the Senate and House of Representatives, respectively
and
other agencies, shall
promulgate
the implementing rules and regulations for this Act, within one (1)
year
after the enactment of this
Act:
Provided, That rules and regulations issued by other government
agencies
and instrumentalities for the
prevention
and/or abatement of pollution not inconsistent with this Act shall
supplement
the rules and
regulations
issued by the Department pursuant to the provisions of this Act.
SEC. 52. Report to Congress.-
The Department shall report to Congress, not later than March 30 of
every
year
following
the approval of this Act, the progress of the pollution control efforts
and make the necessary
recommendations
in areas where there is need for legislative action.
SEC. 53. Joint Congressional
Oversight Committee.- There is hereby created a joint
congressional
oversightcommittee
to monitor the implementation of this Act. The committee shall be
composed
of five (5) senators and five (5) representatives to be appointed by
the
Senate President and the Speaker of the House of Representatives,
respectively, the
oversight
committee shall be co-chaired by a senator and a representative
designated
by the
Senate
President and the Speaker of the House of Representatives, respectively.
The mandate given to the
joint congressional oversight committee under this Act shall be without
prejudice to
the
performance of the duties and functions by the respective existing
oversight
committees of the Senate and
the
House of Representatives.
SEC. 54. Separability
of Provisions.- If any provision of this Act or the application of
such provision to any person
or
circumstances is declared unconstitutional, the remainder of the Act or
the application of such provision to
other
person or circumstances shall not be affected by such declaration.
SEC. 55. Repealing Clause.-
Presidential Decree No. 1181 is hereby repealed. Presidential Decrees
Nos.
1152, 1586 and
Presidential
Decree No. 984 are partly modified. All other laws, orders, issuance,
rules
and
regulations
inconsistent herewith are hereby repealed or modified accordingly.
SEC. 56. Effectivity.-
This Act shall take effect fifteen (15) days from the date of its
publication
in the Official
Gazette
or in at least two (2) newspapers of general circulation.chanrobles virtualawlibrary Back
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