IMPLEMENTING
RULES AND REGULATIONSOF
REPUBLIC ACT NO. 8749PHILIPPINE CLEAN
AIR
ACT OF 1999
Pursuant to the provisions
of Section 51 of Republic Act No. 8749, otherwise known as the
"Philippine
Clean Air Act of 1999," and by virtue of Executive Order No. 192,
Series
of 1987, the Department of Environment and Natural Resources hereby
adopts
and promulgates the following rules and regulations:chanroblesvirtuallawlibrary
PART IGENERAL
PROVISIONS RULE IPRELIMINARY
PROVISIONS
Section 1. Title. -
These Rules shall
be known
and cited as the "Implementing Rules and Regulations of the
Philippine
Clean Air Act of 1999."
Section 2. Purpose. -
The purpose of these Rules is to provide guidelines on the
operationalization
of the Philippine Clean Air Act of 1999.
Section 3. Scope- These
Rules shall
lay down the powers and functions of the Department of Environment and
Natural Resources, the Department of Transportation and Communication,
the Department of Trade and Industry, the Department of Energy and all
other concerned agencies, the rights and obligations of stakeholders
and
the rights and duties of the people with respect to the Air Quality
Management
and Control Program.
Section 4. Construction.
- These Implementing Rules and Regulations shall be liberally
construed
to carry out the national policy of balancing development and
environmental
protection through the pursuance of the framework of sustainable
development.
Sustainable development shall refer to development that meets the needs
of the present without compromising the ability of future generations
to
meet their own needs.
RULE IIDECLARATION
OF STATE
POLICY
Section 1. Declaration
of Policy. - It is the policy of the State to protect and
advance
the right of people to a balanced and healthful ecology in accord with
the rhythm and harmony of nature.
It is also the policy of
the State to attain and maintain a balance between development and
environmental
protection.
Finally, it is the policy
of the State to maintain a quality of air that protects human health
and
welfare.
RULE IIIAIR
QUALITY PRINCIPLES
Section 1. Air Quality
Principles. -
a. 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.
b. The State
recognizes
that the responsibility of cleaning the habitat and environment is
primarily
area-based and that air quality management and control is most
effective
at the level of airsheds.
c. The State
recognizes
the principle that "polluters must pay" and the important role
of
economic instruments in air quality management and control.
d. The State
recognizes
that a clean and healthy environment is for the good of all and should
therefore be a concern of all.
RULE IVAIR
QUALITY POLICIES
Section 1. Air
Quality
Policies. - It is the policy of the State to:chanroblesvirtuallawlibrary
a.
Formulate
a comprehensive 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.
RULE VRIGHTS
Section 1. 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.
RULE VIDEFINITION
OF TERMS
Section 1. Definitions.
- The following terms as used in these Implementing Rules and
Regulations
shall be defined as follows:chanroblesvirtuallawlibrary
"Act" refers to Republic
Act No. 8749, otherwise known as the "Philippine Clean Air Act of
1999"
;
"Air pollutant" means
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" means
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;
"Air quality performance
rating" refers to a rating system to be developed by the
Department
through the Bureau. The air quality performance ratings will be grouped
by industry, and will compare emissions data for industrial sources to
the relevant National Ambient Air Quality Standards and the relevant
National
Emissions Standards for Source Specific Air Pollutants.
"Airshed"
refers to areas with common weather or meteorological conditions and
sources
of air pollution which affect the interchange and diffusion of
pollution
in the surrounding atmosphere.
"Ambient air quality"
refers to the 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" refers to the 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. 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.
In general, used as a basis for taking positive action in preventing,
controlling,
or abating health impacts from air pollution;
"Ambient air quality standard"
means the concentration of an air pollutant which, in order to protect
public health and/or public welfare, shall not be exceeded in the
breathing
zone, at any time. Standards are enforceable and must be complied with
by the owner or person in-charge of an industrial operation, process or
trade;
"Authority to Construct"
refers to the legal authorization granted by the Bureau to install
a new source or modify an existing source.
"Best Available Control
Technology" refers to approaches, techniques or equipment which
when
used, result in lower air emissions but in a cost-effective manner.
BACT
results in lower emission rates than those specified in the National
Emission
Standards for Source Specific Air Pollutants
"Bio-medical waste" refers
to pathological wastes, pharmaceutical wastes, chemical wastes and
sharps
defined as follows:chanroblesvirtuallawlibrary
"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;
"Bureau" or "EMB"
refers to the Central Office of the Environmental Management Bureau and
its Regional Offices under the Department;
"Cease and Desist Order"
refers to the ex parte Order directing the discontinuance of the
operation
resulting in the emission or discharge of pollutants exceeding the
emission
standards or whenever such emission or discharge constitutes imminent
threat
to human, animal or plant life, public health or public safety.
Non-compliance
with an undertaking or agreement submitted to the Department shall
likewise
be a ground for issuance of a CDO;
"Certificate of Conformity"
refers to the certificate issued by the Department 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 Implementing Rules and
Regulations;
"Completely Built-up Unit
(CBU)" refers to vehicles imported into the country either brand
new
or used and ready for operation;
"Compliance Plan"
refers to a plan submitted to the Bureau for approval which details how
an existing stationary air emissions source will be brought into
compliance.
The 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" means an internal combustion engine in which atomized fuel
temperature is raised through compression, resulting in ignition,
e.g.,
diesel engines;
"Completely Knocked-Down"
(CKD) refers to new parts and components and/or engines that are
imported
in disassembled condition for purposes of assembly. It may include not
only parts and components but also sub-assemblies and assemblies,
e.g.,
engines, transmissions, axle assemblies, chassis and body assemblies;
"Continuous Emission Monitoring
System" means the total equipment, required under these
Implementing
Rules and Regulations or as directed by the Bureau, used to sample and
condition (if applicable), analyze, and provide a permanent record of
emissions
or process parameters. Such record shall be the basis of the firm’s
compliance
with the emission standards. Further, it may be an approved monitoring
system for continuously measuring the emission of a pollutant from an
affected
source or facility and as such, may be used in computing annual
emission
fees;
"Criteria Pollutants"
are air pollutants for which National Ambient Air Quality Guideline
Values
have been established;
"Department" refers
to the Department of Environment and Natural Resources;
"Detoxification process"
refers to the process of diminishing or removing the poisonous
quality
of any substance using chelating agents to prevent or reverse toxicity
particularly for those substances (e.g., heavy metals) that are
cumulative
or persistent in the body;
"Director" means the
Director of the Bureau;
"Eco-profile" shall
refer to the geographic-based instrument for planners and
decision-makers
which presents an evaluation of the environmental quality and carrying
capacity of an area. It is the result of the integration of various
primary
and secondary data and information on natural resources and
anthropogenic
activities on the land which are evaluated by various environmental
risk
assessment and forecasting methodologies. This will enable the
Department
to anticipate the type of development control that is necessary in the
planning area;
"Emission" means any
measurable air contaminant, pollutant, gas stream or unwanted sound
from
a known source which is passed into the atmosphere;
"Emission averaging"
is a technique whereby a facility having more than one source of a
given
pollutant may, under certain circumstances and with EMB approval,
reduce
emissions from one or more sources sufficiently so that the average of
all the facility's source emissions is equal to or below the applicable
standard for a particular pollutant. Emission averaging is computed on
an annual potential ton per year basis.
"Emission Charge" refers
to a fee corresponding to the quality, quantity, volume and toxicity of
emissions from an industrial or mobile source;
"Emission Credits"
are generated by sources that reduce their annual mass emissions below
the equivalent minimum regulatory level by either installing and
operating
pollution control devices or by using other Bureau approved methods.
The
equivalent minimum regulatory level is based upon the lowest annual
emissions
in tons that results when the source operates at its permitted emission
rate for its typical annual operating hours. Sources that are subject
to
different allowable emission rates, such as National Emission Standards
and Ambient Air Quality Standards, must estimate the minimum regulatory
level on the standard that provides the lowest annual allowable
tonnage.
An emission credit is equal to one ton of an air pollutant;
"Emission factor"
refers to a representative value that attempts to relate the quantity
of
a pollutant released to the atmosphere with an activity associated with
the release of that pollutant. Emission factors may be used to
calculate
emission fees, as indicated in Rule VI, Section V. These factors are
usually
expressed as the weight of pollutant divided by a unit weight, volume,
distance, or duration of the activity emitting the pollutant (e. g.,
kilograms of particulate emitted per megagram of coal burned). Such
factors
facilitate estimation of emissions from various sources of air
pollution.
In most cases, these factors are simply averages of all available data
of acceptable quality. The general equation for emission estimation is:
E = A x EF x (1-ER/100) where: E = emissions; A = activity rate; EF =
emission
factor; and ER= overall emission reduction efficiency, %.ER is further
defined as the product of the control device destruction or removal
efficiency
and the capture efficiency of the control system. When estimating
emissions
for a long time period (e. g., one year), both the device and
the
capture efficiency terms should account for upset periods as well as
routine
operations.
"Emissions Trading"
refers to a market-based approach to air pollution control which allows
for transferring emission credits between different facilities for use
as a form of regulatory compliance;
"Episode" means a
series of short-term air pollution events that significantly alter the
ambient air quality of an affected area;
"Equivalent Method"
refers to any technique or procedure for sampling and/or analyzing an
air
pollutant which has been approved by the Bureau and demonstrated to
have
a consistent and quantitatively known relationship with the designated
standard method;
"Existing Source"
means any source already erected, installed, and in operation; or any
source
for which construction has been offered for bidding or actual
construction
has commenced prior to the date of effectivity of these Implementing
Rules
and Regulations Any existing source which in the opinion of the
Department
has undergone a modification after the date of adoption of an
applicable
rule and regulation, shall be reclassified and considered a new source;
"Governing Board"
refers to a multi-sectoral body created under Section 9 of the Act to
effectively
carry out and implement the air quality action plan of an airshed;
"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;
"Gross Vehicle Mass or
Weight" means the gross vehicle mass or weight as declared by the
vehicle
manufacturer;
"Guideline" means
an official recommendation or guidance on the protection of human
beings
or receptors in the environment from the adverse effects of air
pollutants;
"Hazardous substances"
refers to 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, 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;
"Imported Used/Second-Hand
Vehicle" means any used or second-hand motor vehicle imported and
registered
in the country of origin;
"Incinerator" refers
to 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"
refers to 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;
"Installation" means
any structure, equipment, facility or appurtenances thereto, operation
of which may be a source of pollution or a means to control the same;
"In-Use Vehicle" means
a motor vehicle duly registered with the LTO;
"Light Duty Vehicles"
are motor vehicles whose gross vehicle weight is equal to or less than
3,500 kgs. This also refers to "Light Commercial Vehicles;"
"Lowest Achievable Emission
Rate" refers to any technology or combination of technology and
process
controls that results in the lowest possible emissions of a given air
pollutant.
Cost is not a consideration in determining applicable LAER for a given
source; however, technical feasibility is. The technology must be
reasonably
demonstrated to be appropriate and reliable for each application;
"Mandatory Inspection"
refers to the interval between testing and the tests performed, as
partial
pre-condition for the renewal of registration of in-use motor vehicles;
"Manufacturer or Assembler"
means any entity or person who manufactures or assembles motor
vehicles,
for eventual use in the Philippines;
"Medical waste" means
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"
refers to motor vehicles whose gross vehicle weight is greater than
3,500 kgs;
"Mobile source" means
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;
"Modification" means
any physical change or alteration in the method of operation of an
existing
source which increases the amount of any air pollutant (to which a
standard
applies) emitted into the atmosphere by that source, or which results
in
the emission of any air pollutant (to which a standard applies) into
the
atmosphere not previously permitted. The following are exempted from
the
said definition:chanroblesvirtuallawlibrary
Routine maintenance, repair
and replacement shall not be considered physical changes if not
intended
to extend the useful life beyond the equipment manufacturer’s design;
An increase in the production
rate providing the facility is permitted to operate at the increased
level
and that such increase does not exceed the designed capacity of the
existing
source; and
An increase in hours of operation
provided that the facility is permitted to operate for the increase in
hours.
"Motorcycle" refers
to 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" 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 goods;
"Motor Vehicle Registration"
refers to the official recording of a motor vehicle by the Land
Transportation
Office (LTO) subject to the conformance of the vehicle to the safety
and
emission standards provided under Section 21 of the Act, including the
pre-evaluation of the documents/requirements pursuant to Section 5 of
Republic
Act 4136, as amended, otherwise known as the Land Transportation Code;
"Municipal waste" refers
to the waste materials generated from communities within a specific
locality;
"National Ambient Air
Quality Guideline Values" are limits on criteria air pollutant
concentrations
published by the Department, intended to be protective of public
health,
safety, and general welfare.
"National Motor Vehicle
Inspection and Maintenance Program" refers to the set of projects
and
other activities and efforts all designed to reduce the damaging impact
of air pollution and unsafe vehicles on health and safety of the
people,
through adoption of standards for emission and vehicle safety, and a
series
of measures to ensure compliance with them;
"New Motor 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;
"New Source" means
any plant, equipment, or installation in any trade, business or
establishment
which generates, emits or disposes air emissions into the atmosphere
and
constructed after the date of effectivity of these Implementing Rules
and
Regulations. This includes any existing stationary source transferred
or
moved to a different location or site for the purpose of installation,
operation or use after such date;
"Normal Cubic Meter" (Ncm)
means the volume of dry gas which occupies a cubic meter measured at
twenty
five degrees Celsius (25o) at an absolute pressure
equivalent
to seven hundred sixty (760) mm Hg;
"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, refers to the
minimum
octane rating or such automotive gasoline which such manufacturer
recommends
for the efficient operation of such motor vehicle, or substantial
portion
of such class, without knocking;
"Opacity" means the
amount of light obscured by particle pollution in the atmosphere;
"Operator" means a
person or entity that manages a transport business but not necessarily
a vehicle owner;
"Owner" means the
person or entity identified as the motor vehicle owner in the motor
vehicle
registration or by a valid deed of sale;
"Ozone Depleting Substances"
(ODS) refers to those 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" means any material, other than uncombined
water, which exists in a finely divided form as a liquid or solid;
"Permit" refers to
the legal authorization to engage in or conduct any construction,
operation,
modification or expansion of any installation, operation or activity
which
will be reasonably be expected to be a source of pollution;
"Permit to Operate"
refers to the legal authorization granted by the Bureau to operate or
maintain
any installation for a specified period of time;
"Permit Condition" refers
to a statement or stipulation issued with a permit, compliance with
which
is necessary for continued validity of the permit;
"Persistent Organic Pollutants"
(POPs) means 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. These compounds resist photolytic, chemical
and biological degradation, and 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"
means any emission and fumes which do not conform to internationally
accepted
standards, including but not limited to World Health Organization (WHO)
guideline values;
"Pollution control device"
refers to any device or apparatus that is used to prevent, control, or
abate the pollution of air caused by emissions from identified sources
at levels within the air pollution standards established by the
Department;
"Pollution control technology"
refers to pollution control devices, production processes, fuel
combustion
processes or other means that effectively prevent or reduce emissions
or
effluents;
"Potential to emit" refers
to the annual mass emissions that would result from a source when
operating
8,760 hours per year. Actual emissions are based on the actual hours of
operation per year;
"Rebuilt Motor Vehicle"
means a locally assembled vehicle using new or used engine, major parts
or components
"Reference Mass or Weight"
means the mass or weight of the vehicle in running order with a
full
fuel tank and including the set of tools and spare wheel, plus 100
kilograms
but does not include the mass or weight of the passengers and driver;
"Regional Director" means
the Regional Director of any Regional Office;
"Regional Office" means
one of the Regional Offices of the Bureau;
"Ringelmann Chart" means
the chart described in the U.S. Bureau of Mines, Information Circular
No.
8333 and No. 7718, and used for measuring smoke opacity;
"Semi-Knocked Down (SKD)"
refers to parts and components and/or engines that are imported in
partially assembled condition for assembly purposes. This includes
semi-assembled
vehicles and cars without tires and batteries;
"Siga" means the 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;
"Smoke Opacity Meter (or
Opacimeter)" means an instrument which determines the smoke opacity
in exhaust gases emitted by the engine system.
"Spark-Ignition Engine"
means an internal combustion engine in which the air/fuel mixture is
ignited
by a spark plug, e.g., a gasoline engine;
"Standard of performance"
means a standard for emission of air pollutants 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 environment impact
and
energy requirement as determined by the Department through the Bureau;
"Stationary source"
refers to any building or fixed structure, facility or installation
that
emits or may emit any air pollutant;
"Useful Life of Vehicles
and Engines" refers to the period of time a vehicle and/or engine
can
be used, and meet standards of road worthiness and engine emissions;
"Vehicle Type" means
a category of power-driven vehicles which do not differ in such
essentials
as reference mass or weight, engine type, number of cylinders, body
configuration,
manner of transmission, fuel used and similar characteristics.
PART IINATIONAL
AMBIENT AIR
QUALITY GUIDELINES RULE VIINATIONAL
AIR QUALITY
Section 1. National Ambient
Air Quality Guideline Values
(a)
Pursuant to
Section 12 of Republic Act 8749, the initial set of National Ambient
Air
Quality Guideline Values necessary to protect public health and safety
and general welfare shall be as follows:chanroblesvirtuallawlibraryTable 1National
Ambient Air
Quality Guideline Values
Pollutants |
Short
Terma |
Long
Termb |
m
g/Ncm |
ppm |
Averaging
Time |
m
g/Ncm |
ppm |
Averaging
Time |
Suspended
Particulate Matterc —
TSP
PM-10 |
230d150f |
|
24
hours24
hours |
9060 |
|
1
yeare1
yeare |
Sulfur
Dioxidec |
180 |
0.07 |
24
hours |
80 |
0.03 |
1
year |
Nitrogen
Dioxide |
150 |
0.08 |
24
hours |
|
|
|
Photochemical
Oxidants as Ozone |
14060 |
0.070.03 |
1
hour8
hours |
|
|
|
Carbon
Monoxide |
35
mg/Ncm10
mg/Ncm |
309 |
1
hour8
hours |
|
|
|
Leadg |
1.5 |
|
3
monthsg |
1.0 |
|
1
year |
a Maximum
limits
represented by ninety-eight percentile (98%) values not to 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 or
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 m m.
e Annual
Geometric
Mean.
f
Provisional
limits for Suspended Particulate Matter with mass median diameter less
than 10 m m 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)
The applicable
methods for sampling and measurement of the above pollutants are as
follows:chanroblesvirtuallawlibrary
TSP |
- |
High
Volume - Gravimetric, USEPA 40 CFR, Part 50, Appendix B |
PM-10 |
- |
High
Volume
with 10 micron particle-size inlet; Gravimetric, USEPA 40 CFR, Part 50,
Appendix J |
Sulfur
Dioxide |
- |
Gas
Bubbler
and Pararosaniline Method (West and Gaeke Method), or
Flame
Photometric Detector,
USEPA 40CFR, Part 50, Appendix A |
Nitrogen
Dioxide |
- |
Gas
Bubbler
Griess-Saltzman, or Chemiluminescence Method,
USEPA
40 CFR, Part 50, Appendix
F |
Ozone |
- |
Neutral
Buffer
Potassium Iodide (NBKI), or Chemiluminescence Method,
USEPA
40 CFR, Part 50, Appendix
D |
Carbon
Monoxide |
- |
Non-dispersive
Infra-red Spectrophotometry (NDIR),
USEPA
40 CFR, Part 50, Appendix
C |
Lead |
- |
High
Volume
and Atomic Absorption Spectrophotometry,
USEPA
40 CFR, Part 50, Appendix
G |
(c)
An analyzer
based on the principles and methods cited above will be considered a
reference
method only if it has been designated as a reference method in
accordance
with 40 CFR, Part 53.(d) Other
equivalent methods
approved by the Bureau may be adopted. Section 2. Review
of Air
Quality Guideline Values. - The Department through the Bureau
shall,
on a routine basis, in coordination with other concerned agencies and
programs
such as the National Research and Development Program for the
Prevention
and Control of Air Pollution, review the list of Hazardous Air
Pollutants
and Guideline Values and recommend to the Secretary of the Department
the
revision thereof whenever necessary to protect public health and
safety,
and general welfare, consistent with the requirements of Rule XVII,
Section
3.
Section 3. Publication
of Revised Values. - Upon approval by the Secretary, the revised
Ambient
Air Quality Guideline Values shall be published in one (1) newspaper of
general circulation and shall be posted on a public Internet website.
Section 4. Air
Quality
Indices. - The Department through the Bureau, and in conjunction
with
the Department of Health (DOH) may formulate a pollution standard index
of air quality to protect public health, safety and general welfare.
Implementation
and enforcement of corrective actions contained in the index will be at
the local government unit (LGU) level. Annex
A contains the air quality indices and recommended actions that
each
LGU may opt to follow. PART IIIMAINTENANCE
OF ATTAINMENT
AREAS RULE VIIIATTAINMENT
AREAS - GENERAL
Section 1. Designation
of Attainment Areas. - The Bureau shall delineate areas where the
existing
ambient air quality is at or below (that is, complies with) National
Ambient
Air Quality Guideline Values given in Part II, and shall designate such
areas as "attainment areas." Designation of attainment areas will be
based
on monitoring data collected using the reference methods in Part II
and/or
other relevant information, including meteorological data, and data
covering
existing nearby sources. The Department through the Bureau will
designate
attainment and non-attainment areas, and will review and revise these
designations
from time to time as relevant data become available.
Section 2. Review
of
Area Designation. - The Bureau shall revise area designations as
additional
data, whether monitoring, source or general knowledge, become
available.
Results from reviews of area designations will be made available for
public
comment.
RULE IXEXISTING
SOURCES IN
ATTAINMENT AREAS
Section 1. Standards.
- Existing sources must comply with National Emission Standards
for
Source Specific Air Pollution and Ambient Air Quality Standards
pertaining
to the source.
Section 2. Non-compliance.
- Sources not in compliance with Section 1 above must submit a
Compliance
Plan to the Bureau for approval, which details how the source will be
brought
into compliance. The owner of the facility must submit the plan within
two (2) months of notification of non-compliance by the Bureau. The
plan
must include a schedule that will be enforceable and may provide for as
long as eighteen (18) months to meet the applicable standards after
notice
of non-compliance by the Bureau. The Bureau may grant an extension of
up
to twelve (12) months for good-faith actions from the source owner.
Section 3. Emission
Averaging
and Emission Trading. - Compliance plans submitted under Section 2
above may include use of emission averaging and emission trading as
approved
by the Bureau and described in Rules XXI and XXII, respectively.
Section 4. Modification
of Sources. - Any existing source in an attainment area making a
change
or modification to its process or production which results in an
increase
of POTENTIAL emissions equal to or greater than the following shall be
considered significant and subject to Rule X for the affected
pollutant(s).
Carbon
Monoxide |
100
tons per year |
Nitrogen
Oxides |
40
tons per year |
Sulfur
Dioxide |
40
tons per year |
TSP |
25
tons per year |
PM10 |
15
tons per year |
Volatile
Organic Compounds |
40
tons per year |
Hydrogen
Sulfide |
10
tons per year |
RULE XNEW/MODIFIED
SOURCES
IN ATTAINMENT AREAS
Section 1. Standards.
- New or modified sources must comply with National Emission
Standards
for Source Specific Air Pollution and Ambient Air Quality Standards
pertaining
to the source.
Section 2. Best
Available
Control Technology. - Sources subject to this Rule shall, in
addition
to meeting the requirements of Section 1 of this Rule, install and
operate
Best Available Control Technology for each regulated pollutant with the
potential to be emitted in quantities equal to or greater than 100 tons
per year. Selection of the appropriate control technology will be made
in consultation and with the approval of the Bureau but in no case
shall
it result in non-compliance with requirements of Section 1.
Installation
of the control equipment will be at the time of source construction or
modification.
Section 3. Increment
Consumption. - No new source may be constructed or existing source
modified if emissions from the proposed source or modification will,
based
on computer dispersion modeling, result in;
Exceedance of the National
Ambient Air Quality Guideline Values; or
An increase in existing ambient
air levels above the levels shown below:chanroblesvirtuallawlibrary
PM-10,
annual arithmetic mean |
17
micrograms per cubic meter |
PM-10,
24-hr maximum |
30
micrograms per cubic meter |
Sulfur
Dioxide, annual arithmetic mean |
20
micrograms per cubic meter |
Sulfur
Dioxide, 24-hr maximum |
91
micrograms per cubic meter |
Nitrogen
Dioxide, annual arithmetic mean |
25
micrograms per cubic meter | In the case of
multiple
point sources at a single facility, the net emissions from all affected
sources shall be included in a single increment analysis.
Section 4. Emission
Averaging
and Emission Trading. - Sources subject to provision of this Rule
shall
not be eligible for emission averaging however they may generate
emission
credits for purposes of an acceptable emission trading program.
Section 5.
Continuous
Emission Monitoring. -
New
and modified sources shall install and operate, according to
manufacturer
specifications, continuous emission monitoring systems (CEMS) for each
applicable pollutant listed in Section 4, Rule IX that the source has
the
POTENTIAL to emit in quantities equal to or greater than 100 tons per
year.
TSP and PM-10 fractions are not differentiated for purposes of this
section;
therefore, applicability will be determined by the total particulate
matter
expected to be emitted for new sources, or as collected by 40 CFR Part
60, Appendix A, Method 5 for modified sources. CEMS shall be applied as
follows:chanroblesvirtuallawlibrary
All sources subject to this
section: Sources shall install and operate a CEMS for carbon dioxide
and
oxygen that meets criteria provided in USEPA 40 CFR Part 60 Appendix B,
Performance Specification 3. Additionally, each source shall, as
appropriate
meet the following requirements;
a. Particulate
matter: Sources shall install and operate a CEMS for opacity that
meets
criteria provided in USEPA 40 CFR Part 60 Appendix B, Performance
Specification
1. The owner shall have the additional requirement of establishing a
calibration
curve showing the relationship between opacity as measured by the CEMS
and mass particulate emission rate as determined by Method 5. The
calibration
curve shall cover the full range of reasonably expected operating
conditions
and/or process rates of the source and shall consist of at least three
data points, one at maximum permitted operations, one at maximum design
capacity, and one at 80% of the maximum permitted rate. The Bureau may
waive one test point if the permitted rate and maximum design capacity
rate are the same.
b. Sulfur
Dioxide
and Nitrogen Oxides: Sources shall install and operate a CEMS for these
parameters that meet criteria provided in USEPA 40 CFR Part 60 Appendix
B, Performance Specification 2.
c. Carbon
Monoxide:
Sources shall install and operate a CEMS for this parameter that meets
criteria provided in USEPA 40 CFR Part 60 Appendix B, Performance
Specification
4 or 4A.
d. Hydrogen
Sulfide:
Sources shall install and operate a CEMS for this parameter that meets
criteria provided in USEPA 40 CFR Part 60 Appendix B, Performance
Specification
7.
The CEMS requirements under
this Section shall not apply to refinery flares, as well as to volatile
organic compounds, unless a specific provision requires CEMS for
volatile
organic compounds is included in the facility’s permit to operate.
PART IVMANAGEMENT
OF NON-ATTAINMENT
AREASRULE XINON-ATTAINMENT
AREAS
- GENERAL
Section 1. Designation
of Non-Attainment Areas. - The Bureau shall designate and
delineate
areas where the existing ambient air quality is not in conformance with
National Ambient Air Quality Guideline values given in Part II as
"non-attainment
areas." Designation of non-attainment areas will be based on monitoring
data collected using the reference methods in Part II or as may be
reasonably
expected from existing nearby sources and meteorological conditions.
Special
consideration will be given to populated areas where greater numbers of
people may be exposed to unhealthy air. The Department through the
Bureau
will designate attainment and non-attainment areas, and will review and
revise these designations from time to time as relevant data becomes
available.chanrobles virtualawlibrary
An area may be designated
as non-attainment for one or more criteria pollutants, and may be an
attainment
area for the remaining criteria pollutants.
Section 2. Review of Area
Designation. - The Bureau shall revise and/or confirm area
designations
as additional data, whether monitoring, sampling, source specific or
general
knowledge, becomes available. Results from reviews of area designations
will be made available for public comment/review.
RULE XIIEXISTING
SOURCES IN
NON-ATTAINMENT AREAS
Section 1. Standards.
- Existing sources must comply with all National Emission
Standards
for Source Specific Air Pollution and Ambient Air Quality Standards
pertaining
to the source.chanrobles virtualawlibrary
Section 2. Non-compliance.
- Sources not in compliance with Section 1 above must submit a
Compliance
Plan to the Bureau for approval which details how the source will be
brought
into compliance. The owner of the facility must submit the plan within
two (2) months of notification of non-compliance by the Bureau. The
plan
must include a schedule that will be enforceable and may provide for as
long as eighteen (18) months to meet the applicable standards after
notice
of non-compliance by the Bureau. Extensions or grace periods will not
be
allowed in non-attainment areas.
Should the source failed
to comply with its commitment within the specified period in the
compliance
plan, the Bureau shall impose penalties and fines to be computed
retroactive
from the time the notification of non-compliance was served.
Section 3. Emission Averaging
and Emission Trading. - Existing sources located in non-attainment
areas will be allowed to use emission averaging for compliance purposes
however, they will not be allowed to participate in emission trading
for
the pollutant or pollutants for which the area is designated as a
non-attainment
area, except as a generator (not user) of emission reduction credits.
Section 4. Modification
of Sources. - Any existing source located in a non-attainment area
and making a change in process or production which increases POTENTIAL
emissions from the source of the pollutant for which the area is
designated
non-attainment, shall be classified as modified and subject to Rule
XIII.
Equipment overhaul, refurbishment, or upgrade to extend the life of the
equipment beyond its normal useful life is considered to be a
modification
if it result in the increase of POTENTIAL emissions for purposes of
this
Section.
Section 5. Emission Fee
Surcharge. - Sources subject to the non-attainment provisions will
be assessed a 50% surcharge (i.e., 150% of base) on the annual emission
fees for the pollutant(s) for which the area is designated
non-attainment.
Section 6. Penalty and
Fine Surcharge. - Sources subject to the non-attainment provisions
will be subject to a 100% surcharge (i.e., 200% of base) for any
penalties
or fines relating to a violation of the non-attainment provisions.
RULE XIIINEW/MODIFIED
SOURCES
IN NON-ATTAINMENT AREAS
Section 1. Standards.
- New or modified sources must comply with all National Emission
Standards
for Source Specific Air Pollution and Ambient Air Quality Standards
pertaining
to the source.
Section 2. Lowest Achievable
Emission Rate., - New and modified sources (as defined in Section
4
of Rule XII) shall install and operate air pollution control technology
which will provide the lowest achievable emission rate (LAER) of the
pollutant
for which the area is designated non-attainment. The affected firm will
propose technologies it believes will meet the intent of this
regulation.
The Bureau will approve the use of lowest achievable emission rate
control
technologies on a case-by-case basis.
Section 3. Emission Offsets.
- New and modified sources must provide offsets in existing actual
emission within the non-attainment area in a ratio of 1:1.2 to the
POTENTIAL
emission level of the proposed new or modified source. The offsets may
be made from any existing source in the non-attainment area but must be
actual, demonstrable, enforceable and permanent. The proposed offsets
are
subject to approval by the Bureau.
Section 4. Emission Averaging
and Emission Trading. - New and modified sources subject to the
non-attainment
provisions may not use emission trading or emission averaging for
compliance
purposes.
Section 5. Continuous
Emission Monitoring. - New and modified sources must install and
operate,
according to manufacturer specifications, continuous emission
monitoring
devices for each pollutant for which the area is in non-attainment and
which the source emits. Application, installation and operation of the
CEMS shall meet criteria provided in Rule X Section 5.
Section 6. Emission Fee,
Penalty and Fine Surcharge. - Sections 5 and 6 of Rule XII above
shall
apply to new and modified sources in non-attainment areas.
PART VAIR
QUALITY MANAGEMENT
SYSTEMRULE XIVAIR
QUALITY MANAGEMENT
INFORMATION SYSTEM
Section 1. Ambient
Air
Monitoring Network. - The Bureau shall, within two (2) years from
the
effectivity of these Rules, design and establish an Ambient Air
Monitoring
Network for the assessment of ambient air quality. The Ambient Air
Monitoring
Network shall be expanded gradually to cover the entire country.chanrobles virtualawlibrary
Section 2. Emissions Inventory.
- The Bureau
shall, within
three (3) years from the date of effectivity of these Rules, and every
three (3) years thereafter, make an inventory of emissions from
stationary,
mobile and area sources. Where possible, the Bureau shall coordinate
with
the Governing Boards
Section 3. Air Quality
Database. - The Bureau and the National Statistical Coordination
Board
shall design the Air Quality Database which shall be computerized and
stored
in a manner accessible to the public and shall contain data collected
from
the Ambient Air Monitoring Network and the Emissions Inventory. The
Bureau
shall maintain and update the Air Quality Database.
Section 4. National Air
Quality Status Report. - The Bureau, shall prepare the Annual
National
Air Quality Status Report which shall contain:chanroblesvirtuallawlibrary
(a) A summary
of the extent
of air pollution in the country, per type of pollutant and per type of
source;
(b) An analysis and
evaluation
of the current state, trends and projections of air pollution;
(c) An
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.
Upon approval by the Secretary
of the Department of Environment and Natural Resources, the National
Air
Quality Status Report shall be submitted to the Office of the President
and to Congress on or before March 31 of every year and shall cover the
preceding calendar year. The National Air Quality Status Report and
other
related reports shall be made available to the public.
RULE XVAIRSHEDS
Section 1. Authority.-
The Secretary of the Department, upon the recommendation of the
Bureau,
shall divide the geo-political regions of the country into airsheds.
Section 2. Designation
of Airsheds.- 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. Designation of airsheds shall be revised as
additional
data, needs or situations arise.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.
Section 3. Initial Designation
of National Airsheds. - The Department through the Bureau will
designate
attainment and non-attainment areas, and will review and revise these
designations
from time to time as relevant data become available.
Section 4. Governing Board.
- Pursuant to Section 9 of the Act, a Governing Board will be
created
for each airshed to effectively carry out the formulated action plans.
Section 5. Composition
and Organizational Set-up of the Board.- Each Governing Board shall
be headed by the Secretary of the Department 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.
There shall be two Deputy Chairpersons,
namely, the Department Regional Executive Director and Regional
Director
in the region where the airshed is located. It is expected that the
ratio
of the number of Board representatives from government agencies to
those
from non-government agencies or organizations will be on the order of
60/40.chanrobles virtualawlibrary
Section 6. Functions of
the Board. - Each Governing Board shall perform the following
functions
within its jurisdiction (airshed):chanroblesvirtuallawlibrary
(a)
Formulation of policies
and standard-setting; (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.
Section 7. Executive Committee.
- An Executive Committee will be formed consisting of seven
persons;
Chairperson, 2 Deputy Chairs and 4 members elected by the at large
governing
board. Where possible, members of the Committee will be selected for
their
expertise in the subject area. Representatives will be selected from
the
appropriate region.chanrobles virtualawlibrary
Section 8. Technical Working
Groups. - Technical working groups will be formed to ensure broad
based
participation in the work of the Governing Boards.
Section 9. Technical-Administrative
Secretariat. - Each Governing Board will assign a dedicated,
full-time
technical-administrative secretariat with a separate budget.
Section 10. Meetings.
- The Department will provide basic funding for the conduct of
regular
meetings of the Governing Boards.
Section 11. Governing
Rules. - Governing rules shall be formulated by and for the
individual
Governing Boards. These governing rules shall be submitted for review
and
approval to the Department.
Section 12. Re-designation
of Airshed Boundaries. - Upon consultation with appropriate local
government
authorities, the Secretary of the Department, upon recommendation of
the
Bureau, shall, from time to time, revise the designation of airsheds
utilizing
eco-profiling techniques and undertaking scientific studies.
RULE XVIAIR
QUALITY MANAGEMENT
FUND
Section 1. Air
Quality
Management Fund. - An Air Quality Management Fund to be
administered
by the Environmental Management Bureau 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 bye
allocated
per airshed for the undertakings herein stated.chanrobles virtualawlibrary
Section 2. Uses of Fund.-
The Air Quality Management Fund will be used for activities that
are
in direct support of objectives outlined in the Air Quality Action Plan
and Control Action Plan of the airsheds. One-third of the Fund will be
reserved for national purposes while the remaining two-thirds will be
allocated
among the airsheds. This can mean support, grant, finance or otherwise
assist activities such as, but not limited to:chanroblesvirtuallawlibrary
(a) purchase
of equipment
related to air quality monitoring, reporting or management;
(b) running costs
for special
campaigns: monitoring, enforcement or public awareness raising;
(c) costs for
special events
related to air quality monitoring, enforcement etc.;
(d) funding of
temporary
staff positions in accredited organizations, of persons who have a TOR
directly related to implementation of AQAP;
(e) research on air
related
issues; and
(f) running costs
of Governing
Boards and their Technical Secretariats
Section 3. Sources for the
Air Quality Management Fund. - Sources for the Air Quality
Management
Fund shall include:chanroblesvirtuallawlibrary
(a) air
emission charges
for industrial facilities; (b) air emission
charges
from motor vehicles.; (c) fines and
penalties
for non-compliance with environmental standards. This relates to both
vehicular
and industrial related air pollution; (d) grants from
both private
sector and donor organizations.; and (e) a limited
percentage
(5-10%) of the proceeds of the Program Loan for the Metro Manila Air
Quality
Improvement Project.
Section 4. Decision Making
on the Use of the Air Quality Management Fund. - The Department is
responsible
for allocating funds from the Air Quality Management Fund. It will
formulate
a detailed set of criteria (project design, project management, project
reporting and project accounting) on which decision making of requests
for support from Air Quality Management Fund will be based. Individual
Governing Boards shall follow these criteria in allocating those funds
that are put at their disposal by the Department. Individual Governing
Boards shall set up special committees for this purpose with members
drawn
from both the government, private sector and civil society members of
each
Governing Board.chanrobles virtualawlibrary
In order to promote transparency
and accountability the Department will formulate business standards,
which
will describe the scrutiny mechanisms of proposals as well as maximum
response
times. The Department will ensure the publication of an Annual Report
which
specifies income and expenditure of the Air Quality Management Fund,
together
with a summary of initiatives supported and refused. This Annual Report
will be available within two months after the budget year used by the
Air
Quality Management Fund
Section 5. Air Emission
Fees For Stationary Sources and For Mobile Sources. - The air
emission
fee will initially be determined by the amount of revenue necessary to
assure the successful implementation of the Clean Air Act as described
in these implementing rules and regulations. The necessary revenue will
be based on relevant agency's budgets. This cost will then be
apportioned
to stationary and mobile source owners based on estimated annual mass
emissions.
The base air emission fee
may be adjusted in later years as new data becomes available regarding
the success of individual components of the Clean Air Act.
RULE XVIIAIR
POLLUTION RESEARCH
AND DEVELOPMENT PROGRAM
Section 1. National Research
and Development Program for the Prevention and Control of Air
Pollution.
- The Bureau, in coordination with the Department of Science and
Technology
(DOST), other agencies, the private sector, the academe, NGOs and POs,
shall, establish a National Research and Development Program for the
Prevention
and Control of Air Pollution.
Section 2. Development
of Industry-Wide Applicable Methods. - The Bureau 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.
Section 3. Development
of Air Quality Guidelines. - The National Research and Development
Program for the Prevention and Control of Air Pollution shall develop
air
quality guidelines and air quality guideline values in addition to
internationally-accepted
standards. It shall consider the socio-cultural, political and economic
implications of air quality management and pollution control.The
National
Research and Development Program for the Prevention and Control of Air
Pollution shall be established by the Department through the Bureau, in
coordination with the Department of Science and Technology, other
agencies,
the private sector, the academe, NGOs and POs.
RULE
XVIIIEMISSION
QUOTAS
Section 1. Emission Quotas.
- The Bureau may allow each regional industrial center that is
designated
as a 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.
Prior to implementation thereof,
the Department shall consider, among others, the emissions inventory
and
the mass rate of emission standards.
PART VIAIR
POLLUTION CLEARANCES
AND PERMITS FOR STATIONARY SOURCESRULE XIXPERMIT
REGULATIONS
Section 1. Permits
Required.
- All sources of air pollution subject to these Implementing Rules
and Regulations must have a valid Permit to Operate. Existing sources
must
obtain a permit issued by the Director unless exempted by Executive
Order.
New or modified sources must first obtain an Authority to Construct,
issued
by the Director.chanrobles virtual law library
Section 2. Filing Fees
for Applications. - A fee to be determined by the Department
through
Bureau shall be paid upon the filing of any of the following
applications:
a.
Authority
to Construct;
b. Permit to
Operate;
c. Transfer
of an
existing and valid Permit to Operate by reason of transfer of location
of the installation or change of permittee, or both;
d. Revision
of any
existing and valid Authority to Construct or Permit to Operate
involving
alteration or replacement of the installation;
e. Renewal of
an expired
Authority to Construct or Permit to Operate;
f. Any other
application
for a permit not otherwise enumerated above.
Filing fees for applications
which have been denied shall not be refunded nor applied to subsequent
applications.chanrobles virtual law library
Section 3. Authority to
Construct. - All proposed or planned source construction or
modification
requires an Authority to Construct which must be approved by the Bureau
before construction or modification activities take place. Applications
shall be filed in four (4) copies and supported by the official receipt
of the filing fees and by such documents, information and data as may
be
required by the Bureau, including the following:
a. An
engineering
report covering the plant description and operations, the estimated
types,
concentrations and quantities of all emissions to the atmosphere, the
proposed
control facilities, the emission rate and annual mass emission
objectives,
the design criteria for air pollution control equipment to be used, and
other relevant information. The design criteria, if warranted, shall be
based on the results of laboratory and pilot plant scale studies. The
design
efficiencies of the proposed air control equipment and the quantities
and
types of pollutants in the final emissions shall be indicated. Where
confidential
records are involved, the Bureau may limit the full disclosure of the
same
after discussions with the applicant;
b. The plans
and specifications
of the installation and its control facilities (in standard size of 50
cm by 90 cm) duly certified by a registered professional mechanical
engineer,
sanitary engineer or chemical engineer or a combination of any two or
all
of them as may be required by the Bureau depending upon the nature of
the
construction, operation or activity sought to be covered by the
Authority
to Construct. The plans shall clearly show in adequate detail the
proposed
arrangement, location and size of the pollution control equipment or
facilities,
including their accessories, cross-sections and construction details.
The
specifications shall be in sufficient detail so that, when read in
conjunction
with the plans, they clearly reveal the proposed means and methods for
the control of pollution and their expected performance efficiency;
c. The
project proponent
shall conduct an air quality impact analysis using Bureau-approved
computer
dispersion models and techniques. The impact analysis shall estimate
the
resulting ambient air concentrations for all significant pollutants
from
the facility, and shall include the existing ambient air concentrations
as a baseline. The impact analysis will be used by the Bureau, together
with other relevant information, to determine if the proposed
construction
or modification will result in a violation of an applicable air quality
standard;
d. A vicinity
map
adequately identifying the street address, if any, of the location or
premises
of the installation.
Any interested person, furnishing
a copy thereof to the applicant may before its approval, oppose such
application
in writing. In such a case, the Environmental Management Bureau may
conduct
a public hearing on the application.chanrobles virtual law library
The Bureau shall, within
a reasonable time, act on the application for Authority to Construct
either
by issuing the corresponding Authority to Construct or by denying the
application
in writing stating the reason or reasons therefor.chanrobles virtual law library
The Authority to Construct
shall be issued subject to such conditions as the Department through
the
Bureau may deem reasonable to impose and upon payment of the fees in
accordance
with the following schedule:
In case the application is
denied, the applicant may, within 10 days from notice of such denial,
file
only one written petition for reconsideration. The decision on said
petition
shall become final after 10 days from receipt thereof.chanrobles virtual law library
Section 4. Conversion
of Authority to Construct to Permit to Operate. - Once new source
construction
or modification is completed the source owner shall, within 60 days of
startup, request the authorizing agency (generally the Department
through
the Bureau) to convert the Authority to Construct to a Permit to
Operate.
A valid Permit to Operate will be issued once the owner has
demonstrated
to the satisfaction of the authorizing agency that all permit
conditions
have been or will be met and that no air quality standards or
guidelines
will be exceeded. The owner shall conduct source testing using methods
and techniques approved by the Bureau as part of the demonstration.chanrobles virtual law library
Section 5. Application
for Permit to Operate. - An application for a Permit to Operate
shall
be filed for each source emitting regulated air pollutants. Facilities
having more than one source may group the sources under a single permit
application, provided the requirements below are met for each
individual
source. Applications shall be made in a format prescribed by the
Department
through the Bureau, filed in triplicate copies, together with a copy of
the official receipt of the filing fees and including the following:
a. The
information
listed in Section 3 of this Rule;
b. A
statement of
compliance or non-compliance with Rule XXV, National Emission Standards
For Source Specific Air Pollutants (or, in the case of incinerators, a
statement of compliance or non-compliance with Rule XXVIII). The
statement
of compliance shall be supported with actual test data, (such as stack
sampling test data), or data gathering techniques acceptable to the
Bureau;
c. A
statement of
compliance or non-compliance with Rule XXVI, Ambient Air Quality
Standards.
The statement of compliance shall be supported by dispersion modeling
data
using modeling techniques and sampling approved by the Bureau. For
cases
in which source sampling and analysis is not practical, the Bureau may
approve the use of actual ambient air test data to demonstrate
compliance
with the Ambient Air Quality Standards, so long as the location and
conditions
of the testing conform to a "worst case" scenario as demonstrated by
air
dispersion modeling;
d. A
compliance action
plan for sources not meeting regulatory requirements. The compliance
plan
may include provision for use of emission averaging and/or trading as
allowed
under Parts III and IV. A certification
signed by
the applicant attesting to the accuracy and completeness of the
application;
e. A signed
copy of
the appointment or designation of the pollution control officer of the
applicant; and
f. Other
documents,
information and data as may be required by the Department through the
Bureau.
Section 6. Action on the
Application for Permit to Operate. - Within thirty (30) days from
submission
of the complete requirements, the Department through the Bureau shall
act
on the application for Permit to Operate by approving or denying the
same
in writing. The Department through the Bureau may deny an application
having
incomplete requirements when the applicant fails or refuses to complete
the same despite being given reasonable time to do so.chanrobles virtual law library
The Permit to Operate shall
be issued or renewed every year subject to such conditions as the
Department
through the Bureau through the may deem reasonable to impose, and upon
payment of the permit fees for air pollution source and control
facilities.chanrobles virtual law library
In case the application is
denied, the applicant may, within 10 days from notice of such denial
file
only one written petition for reconsideration. The decision on said
petition
shall become final after 10 days from receipt thereof.chanrobles virtual law library
Section 7. Temporary Permit
to Operate. - For purposes of sampling, planning, research and
other
similar purposes, the Department through the Bureau, upon submission of
satisfactory proof, may issue a Temporary Permit to Operate no to
exceed
ninety (90) days, provided that the applicant has a pending application
for a Permit to Operate under Section 5.chanrobles virtual law library
Section 8. Life and General
Conditions of Permit. - A permit duly issued by the Department
through
the Bureau shall be valid for the period specified therein but not
beyond
one (1) year from the date of issuance unless sooner suspended or
revoked.
It may be renewed by filing an application for renewal at least thirty
(30) days before its expiration date and upon payment of the required
fees
and compliance with requirements.chanrobles virtual law library
Issuance of the permit shall
not relieve the permittee from complying with the requirements of the
Act
and these Rules and that commencement of the work or operation under
such
permit shall be deemed acceptance of all the conditions therein
specified.chanrobles virtual law library
Section 9. Grounds for
Modification of Permit Conditions. - After due notice and public
hearing,
the Department through the Bureau may modify any existing and valid
permit
by imposing new or additional conditions, provided that the permittee
is
given reasonable time to comply with such new or additional conditions,
upon showing:
a. That
an
improvement in emission quality or quantity can be accomplished because
of technological advance without unreasonable hardship;
b. That a
higher degree
of treatment is necessary to effect the intents and purposes of the
applicable
provisions of these Rules and Regulations;
c. That a
change in
the environment or surrounding conditions requires a modification of
the
installation covered by a permit to conform to applicable air quality
standards,
as the case may be;
d. That the
area in
which the permitted facility is located has been changed from an
undesignated
area or an attainment area to a non-attainment area for one or more
criteria
pollutants; or
e. That the
Act or
these Rules and Regulations requires the modification of the permit
conditions.
Section 10. Grounds for Suspension
or Revocation of Permits. - After due notice and hearing, the
Department
through the Bureau may suspend or revoke any existing and valid permit
on any of the following grounds:
a.
Non-compliance
with, or violation of any provision of Act, these Rules and
Regulations,
and/or permit conditions;
b. False or
inaccurate
information in the application for permit that led to the issuance of
the
permit;
c. Refusal to
allow
lawful inspection conducted by the Department through the Bureau of
duly
authorized personnel;
d.
Non-payment of
the appropriate fees;
e. Other
valid purposes.
Section 11. Posting of Permit.
- The permittee shall display the permit upon the installation
itself
in such manner as to be clearly visible and accessible at all times. In
the event that the permit cannot be so placed, it shall be mounted in
an
accessible and visible place near the installation covered by the
permit.chanrobles virtual law library
No person shall willfully
deface, alter, forge, counterfeit, or falsify any permit.chanrobles virtual law library
Section 12. Transfer of
Permits. - In case of sale or legal transfer of a facility covered
by a permit, the permittee shall notify the Department through the
Bureau
of such and the name and address of the transferee within thirty (30)
days
from the date of sale or transfer. In case of failure to do so, he
shall
be liable for any violation of these Rules and Regulations that the
transferee
may commit by reason of such transfer. It shall be the duty of the
transferee
to file an application for transfer of the permit in his name within
ten
(10) days from notification of the Department through the Bureau.chanrobles virtual law library
Section 13. Plant Operational
Problems. - In the event that the permittee is temporarily unable
to
comply with any of the conditions of the Permit to Operate due to a
breakdown
of the installation covered by the permit for any cause, he or his
pollution
control officer shall immediately notify the Department through the
Bureau
of such cause(s), and the steps being taken to solve the problem and
prevent
its recurrence, including the estimated duration of the breakdown, the
intent toward reconstruction or repair of such installation and such
other
relevant information or data as may be required by the Department
through
the Bureau. The Department through the Bureau shall be notified when
the
condition causing the failure or breakdown has been corrected and such
source equipment or facility is again in operation
In such a case, the permittee
may be subject to the payment of fines or penalties as provided under
Part
XIII of these Implementing Rules and Regulations.chanrobles virtual law library
Section 14. Monitoring
and Reporting. - The owner or the pollution control officer in
charge
of the installation subject to the provisions of these Implementing
Rules
and Regulations shall keep a record of its operational data and control
test indicating its operational efficiency, and shall furnish a copy of
the same to the Department through the Bureau quarterly in accordance
with
the procedures and/or programs approved by the Department through the
Bureau
for this purpose.chanrobles virtual law library
RULE XXFINANCIAL
LIABILITY
FOR ENVIRONMENTAL REHABILITATION
Section 1. Financial
Guarantee Mechanisms. - As part of the environmental management
plan
attached to the environmental compliance certificate (ECC) pursuant to
Presidential Decree No. 1586 and rules and regulations, the Bureau
shall
require program and project proponents to put up financial guarantee
mechanisms
to finance the needs for emergency response, clean-up or rehabilitation
of areas that may be damaged during the program or actual project
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 Bureau and
incorporated into the ECC.chanrobles virtual law library
The Bureau may promulgate
guidelines for the effective implementation of said financial guarantee
mechanisms.chanrobles virtual law library
Section 2. Financial Liability
Instruments. - Financial liability instruments may be in the form
of
a trust fund, environmental insurance, surety bonds, letters of credit,
as well as self-insurance. The choice of the guarantee instrument or
combinations
thereof shall depend, among others, on the assessment of risks
involved.
Proponents required to put up guarantee instruments shall furnish the
Bureau
with evidence of availment of such instruments.chanrobles virtual law library
RULE XXIEMISSION
AVERAGING
Section 1. Applicability.
- Facilities having multiple sources within a contiguous property
and
owned by the same entity may use emission averaging for compliance
purposes
if provided for in either Part III or Part IV.chanrobles virtual law library
Section 2. Approach. -
Facility owners wishing to use emission averaging for compliance
purposes
must do so through an enforceable compliance plan submitted as a part
of
the operating permit application. The Bureau must approve the
compliance
plan and application of emission averaging for it to be effective.chanrobles virtual law library
Section 3. Requirements.
- Facilities must install a Bureau approved continuous emission
monitoring
system for the pollutant(s) to which emission averaging is being
applied.
The continuous emission monitoring system must be installed on each
source
that is being used to generate the emission reduction credits for the
remaining
sources. Application, installation and operation of the CEMS shall meet
criteria provided in Rule X Section 5.chanrobles virtual law library
RULE XXIIEMISSIONS
TRADING
Section 1. Applicability.
- Emissions trading may be allowed among pollution sources within
an
airshed as provided in Parts III and IV. Facilities located in
different
airsheds may use trading as approved by the Bureau.chanrobles virtual law library
Section 2. Approach. -
Facility owners wishing to use emission trading for compliance
purposes
must do so through an enforceable compliance plan submitted as a part
of
the operating permit application of each facility. The Bureau must
approve
the compliance plan and application of emission trading for it to be
effective.chanrobles virtual law library
Section 3. Requirements.
- Facilities must install a Bureau approved continuous emission
monitoring
system for the pollutant(s) to which emission trading is being applied.
The continuous emission monitoring system must be installed on each
source
that is being used to generate the emission reduction credits.
Application,
installation and operation of the CEMS shall meet criteria provided in
Rule X Section 5.chanrobles virtual law library
RULE
XXIIISYSTEM
OF INCENTIVES
Section 1. Tax
Incentives.
- 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 to tax credits
and/or
accelerated depreciation deductions.chanrobles virtual law library
RULE XXIVRECORD-KEEPING,
INSPECTION,
MONITORING AND ENTRY
Section 1. Required
Relevant
Reports and Records. - The Environmental Management Bureau 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 : (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 Environmental
Management
Bureau; (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 Environmental Management
Bureau may reasonably require.chanrobles virtual law library
Section 2. Right of Entry,
Inspection and Testing. - Pursuant to the Act, the Bureau, through
its authorized representatives, shall have the right of:
(a) entry
of 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.
Section 3. Records
Available
to the Public. - Any record, report or information obtained under
this
section shall be made available to the public, except upon a
satisfactory
showing to the Environmental Management Bureau 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 Environmental Management Bureau’s industrial rating system.chanrobles virtual law library
PART VII
POLLUTION FROM
STATIONARY SOURCESRULE XXVSTATIONARY
SOURCES -
GENERAL
Section 1. National
Emission
Standards for Source Specific Air Pollutants. - For any trade,
industry,
process, fuel-burning equipment or industrial plant emitting air
pollutants,
the concentration at the point of emission shall not exceed the limits
set in Table 2.chanrobles virtual law library
Table 2 National
Emission
Standards for Source Specific Air Pollutants (NESSAP)
POLLUTANT |
STANDARD
APPLICABLETO
SOURCE |
MAXIMUMPERMISSIBLELIMITS
(mg/Ncm) |
METHOD
OFSAMPLINGa |
METHOD
OFANALYSISa |
Antimony
and
its Cmpds. |
Any
source |
10 as
Sb |
USEPA
Methods 1 through
5 or 29 |
AASb
or per
sampling method |
Arsenic
and
its Cmpds. |
Any
source |
10 as
As |
USEPA
Methods 1 through
5 or 29 |
AASb
or per
sampling method |
Cadmium
and
its Cmpds. |
Any
source |
10 as
Cd |
USEPA
Methods 1 through
5 or 29 |
AASb
or per
sampling method |
Carbon
Monoxide |
Any
industrial
source |
500 as
CO |
USEPA
Method 3 or 10 |
Orsat
Analysis or NDIR |
Copper
and its
Cmpds. |
Any
industrial
source |
100 as
Cu |
USEPA
Methods 1 through
5 or 29 |
AASb
or per
sampling method |
Hydrofluoric
Acid and Fluoride Compounds |
Any
source other
than manufacture of Aluminum from Alumina |
50 as
HF |
USEPA
Method 13 or 14
as appropriate |
As per
sampling method |
Hydrogen
Sulfide |
i)
Geothermal
power plants
ii)
Geothermal Exploration
And Well Testing
iii) Any
source other than
(i) and (ii) |
c,
d
e7 as H2S |
USEPA
Method 11, 15
or 16 as appropriate |
Cadmium
Sulfide Method
or per
sampling method |
Lead |
Any
trade, industry
or process |
10 as
Pb |
USEPA
Methods 1 through
5or 12 or 29 |
AASb
or per
sampling method |
Mercury |
Any
source |
5 as
elemental Hg |
USEPA
Methods
1 through 5 or 29 or 101 |
AASb
/ Cold-Vapor
Technique or Hg Analyzer |
Nickel
and its
Cmpds. Except Nickel Carbonylf |
Any
source |
20 as
Ni |
USEPA
Methods 1 through
5 or 29 |
AASb
or per
sampling method |
NOx |
1.
Manufacture
of Nitric Acid 2. Fuel
burning steam
generatorsa.
Existing Source b. New
Source 1.
Diesel-powered electricity
generators 2. Any
source other
than (1), (2) and (3)
- Existing
Source
- New
Source
|
2,000
as acid &
NO2 calculated as NO21,500
as NO21,000
as NO2500 as
NO22,000
as NO21,000
as NO2500 as
NO2 |
USEPA
Methods 1 through
4 and Method 7 |
Phenol-disulfonic
acid
Method or per sampling method |
Particulates |
1.
Fuel
Burning Equipmenta.
Urbang
and Industrial Areah b.
Other Areai 2.
Cement Plants (kilns,
etc.) 3.
Smelting Furnaces 4. Other
Stationary
Sourcesj |
150 200 150 150 200 |
USEPA
Methods 1 through
5 |
Gravimetric
per sampling
method |
Phosphorus
Pentoxidek |
Any
source |
200 as
P2O5 |
USEPA
Methods 1 through
5 or 29 |
Spectrophotometry
or
per sampling method |
Sulfur
Oxides |
1.
Existing
Sourcesa.
Manufacture of Sulfuric
Acid and Sulf(on)ation Process b. Fuel
Burning Equipment c. Other
Stationary Sourcesl 2. New
Sourcesa.
anufacture of Sulfuric
Acid and Sulf(on)ation Process b. Fuel
Burning Equipment c. Other
Stationary Sourcesl |
2,000
as SO31,500
as SO21,000
as SO31,500
as SO3700 as
SO2200 as
SO3 |
USEPA
Methods 1 through
4 and 6 or 8 as appropriate |
As per
sampling method |
Zinc
and its
Compounds |
Any
source |
100 as
Zn |
USEPA
Methods 1 through
5 or 29 |
AASb
or per
sampling method | |
a Other equivalent
methods approved by the Department may be used.chanrobles virtual law library
b Atomic Absorption
Spectrophotometry.chanrobles virtual law library
c All new geothermal
power plants starting construction by 01 January 1995 shall control H2S
emissions to not more than 150 g/GMW-Hr.chanrobles virtual law library
d All existing
geothermal power plants shall control H2S emissions to not
more
than 200 g/GMW-Hr.chanrobles virtual law library
e Best available
control technology for air emissions and liquid discharges. Compliance
with air and water quality standards is required.chanrobles virtual law library
f Emission limit
of Nickel Carbonyl shall not exceed 0.5 mg/Ncm.chanrobles virtual law library
g Urban Area means
a poblacion or central district of cities or municipalities having at
least
50,000 population, or twin political subdivisions with contiguous
boundary
which essentially form one community whose population is more than
50,000
inhabitants. Inside these centers or population are some scattered
industrial
establishments.chanrobles virtual law library
h Industrial Area
means a well-defined, exclusive land use area in various stages of
development
that are primarily established for industrial subdivisions,
manufacturing
and other industry mixes with provisions for common support
infrastructures,
facilities and services such as roads, water supply, power supply,
communication
systems, housing, storm drainage, sanitary sewerage systems, industrial
wastewater treatment facilities, etc. These areas which are usually
from
200 to 500 hectares in size as registered with the Housing and Land Use
Regulatory Board (HLURB) or any other duly authorized government
entities
as industrial estates, parks or area. Export processing zones also fall
under this category of land use.chanrobles virtual law library
i Other Areas
means all areas other than an urban or industrial area.chanrobles virtual law library
j Other Stationary
Sources (particulates) means a trade, process, industrial plant, or
fuel
burning equipment other than thermal power plant, industrial boilers,
cement
plants, incinerators, smelting furnaces.chanrobles virtual law library
k
Provisional
guideline.
l Other Stationary
Sources (sulfur oxides) refers to existing and new stationary sources
other
than those caused by the manufacture of sulfuric acid and sulfonation
process,
fuel burning equipment and incineration.chanrobles virtual law library
Section 2. Visible
Emission
Standards for Smoke and Opacity. - Visible opacity standards for
smoke
are as follows:
a. The
opacity
of light or dark smoke emitted from any emission point in all
stationary
sources shall be such that, when compared in the appropriate manner
with
the Ringelmann Chart method, or using USEPA Method 9 (40 CFR, Part 60,
Appendix A), or an equivalent method approved by the Department through
the Bureau, visible emissions shall not appear darker than shade 1 on
the
Ringelmann Chart, nor exceed 20% opacity using USEPA Method 9.
b. Exceptions
to the
requirements stated herein may be allowed under the following
circumstances:
The opacity limit hereinbefore prescribed shall not apply to the
emission
of dark smoke for less than five (5) minutes in a period of one (1)
hour
provided that the total period of such emission shall not exceed an
aggregate
of fifteen (15) minutes in any twenty-four (24) hours; provided
further,
that at no time should the opacity be darker than shade 3 of the chart;
and provided finally, that this provisions shall not apply to cases of
dark emissions resulting from cold-start and up-set conditions.
Measurements
of opacity shall be made in the manner specified by the approved method
employed for this purpose.
Section 3. Absence of Emission
Standard for Other Air Pollutants. -
a. Where
no emission or ambient standard is prescribed hereof for a specific air
pollutant that is potentially harmful to public health and/or public
welfare,
the owner or operator of an industrial plant or stationary source shall
conduct its operation or process by the best practicable means as may
be
necessary to prevent or minimize air pollution through the employment
of
cleaner production technology and sound environmental management
practices;
b. The
absence of
the ambient air or emission standard for a specific air pollutant shall
not preclude the Department through the Bureau to take appropriate
action
to control such pollutants to assure the health, welfare and comfort of
the general population.
Section 4. Sampling Methods.
- Sampling for compliance purposes shall be conducted using the
methods
prescribed above or other equivalent method as approved by the
Department
through the Bureau. Sampling shall be conducted under routine operating
conditions at the facility. Operating conditions at the facility during
compliance testing will be used by the Bureau to establish permit
conditions
under which the facility may operate.chanrobles virtual law library
Section 5. Miscellaneous
Provisions and Equipment. -
Stationary
Fuel-Burning
Equipment
The owner
or operator of
a stationary fuel-burning equipment shall, if so required by the
Department
through the Bureau, provide a means to the satisfaction of Secretary
whereby
a person in charge of such a plant or equipment may at all times
ascertain
without leaving the boiler room, furnace room, or control room, whether
or not dark smoke is discharging from any stack or such installation,
such
mean may include one or more of the following:
a.
Window or opening
through which an unobstructed view of the top of the stack may be
obtained
from the boiler room, furnace room or control room;
b. A
mirror so placed
as to reflect the top of the stack, which reflection shall be visible
from
the boiler room, furnace room, or control room;
c. A
smoke density
indicator and alarm installed so as to indicate adequately in the
boiler
room, furnace room and control room the density of smoke being
discharged;
d. A
closed circuit
television installation with the receiver located in the boiler room,
furnace
room, or control room;
e. Any
similar device
which may be approved by the Secretary.
All oil-burning
equipment
shall have heaters capable of heating oil to a temperature appropriate
for the oil and burner.chanrobles virtual law library
The
following major industries
are required to install continuous emission monitoring system (CEMS)
for
particulates and sulfur oxide emissions:
a.
Fossil-fuel fired
power plant (including NOx)
b.
Petroleum refinery,
petrochemical industries (including NOx)
c.
Primary copper
smelter (including NOx)
d.
Steel plant, ferro-alloy
production facility (particulates only)
e.
Cement Plant (particulates
only)
New and
existing sources
falling under paragraph (3) a), b), c) and d) and new sources falling
under
paragraph (3) e) shall comply with the requirements of installing CEMS
upon the effectivity of these Implementing Rules and Regulations.chanrobles virtual law library
All
existing sources falling
under paragraph (3) e) shall comply with the requirements of installing
CEMS within twenty-four (24) months from the effectivity of these
Implementing
Rules and Regulations. Application, installation and operation of the
CEMS
shall meet criteria provided in Rule X Section 5. Miscellaneous
Equipment.
Re-heating furnaces, smoke ovens,
bake ovens, coffee heaters, varnish kettles, paint booths and similar
equivalent
shall be so designed that when operating, there is no free flow of
objectionable
gases into the atmosphere. To minimize the escape of smoke, odors, fly
ash or fumes, appropriate air pollution control facilities shall be
installed.chanrobles virtual law library
Section 6. Review and
Revision of Emission Standard. - The Bureau shall provide
industries,
non-government organizations (NGOs) and other stakeholders the
opportunity
to participate in the formulation and revision of standards,
determination
of the technical feasibility of the revised standards, setting the
schedule
of implementation of the revised standards, and other related concerns.
Pursuant to Section 19 of the Act, the Department through the Bureau
shall
review, or as the need arises, revise and publish emissions 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 sources 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 Rule. 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.chanrobles virtual law library
Section 7. Harmonization
with International Standards. - In the review and revision of
emission
standards, the Bureau shall, as appropriate, endeavor to achieve the
harmonization
of national emissions standards with those set by regional bodies such
as the Association of South East Asian Nations (ASEAN).chanrobles virtual law library
Section 8. Self-Monitoring
Report. - Each existing stationary source shall submit to the
Bureau
Regional Office where the facility is located a self-monitoring report
of its emission rates, indicating the status of compliance with current
standards. The self-monitoring report shall be submitted to the Bureau
within six months of the effectivity of these IRRs, and within six
months
of each official revision of emission standards applicable to the
source.
The party or person responsible for the source shall assume
responsibility
for demonstrating proof of compliance, which the Bureau may subject to
independent verification if it deems necessary.chanrobles virtual law library
Section 9. Consent Agreement.
- The Department, through the Pollution Adjudication Board (PAB)
may
waive certain penalties or fines to be imposed upon stationary sources
proven to exceed emission rates provided that the person or party
responsible
for the source enters into a consent agreement with the Bureau in which
the responsible party shall:
a.
Implement
an Environmental Management System (EMS) within eighteen (18) months of
entering into said agreement using scope and procedures specified in
Philippine
National Standard 1701 on establishing an EMS;
b. Submit an
approvable
Environmental Management Plan (EMP) derived from the EMS process within
six (6) months of entering into a consent agreement. The EMP shall
specify
a timetable for attaining compliance with all environmental regulations
as well as the means with which to accomplish compliance, with emphasis
on pollution prevention methods and not limited to installation of
pollution
control devices;
c. Post a
performance
bond acceptable to the PAB, not to exceed P500,000 but not less that
P50,000
depending on the size of the facility, which shall be forfeited upon
failure
to submit proof of an approved EMS within eighteen (18) months, and
provided
that an extension of not more than twelve (12) months may be allowed by
the Bureau on meritorious grounds.
The consent agreement shall
incorporate requirements for environmental performance through
timetables
and reporting of performance, in addition to commitments and procedures
adopted in the EMP.chanrobles virtual law library
Section 10. Compliance
Timetable Beyond Eighteen (18) Months. - Sources proposing
timetables
longer than eighteen (18) months for reaching compliance shall be
required
to first conduct a public consultation before the consent agreement may
be finalized.chanrobles virtual law library
Section 11. Proof of an
Environmental Management System. - Proof of an approved EMS shall
be
in the form of an EMS audit report prepared internally by the person or
party responsible for the facility, or one prepared by a third party
EMS
auditor. The audit report shall be prepared by a person or company
certified
under an international EMS standard such as ISO 14001 or an equivalent
approved by EMB. This report, including a determination of the EMS's
conformity
to PNS 1701, shall be submitted for review and acceptance by the EMB
Regional
Director within eighteen (18) months from the signing of a consent
agreement.chanrobles virtual law library
Section 12. Failure to
Comply with Consent Agreement. - Failure of the stationary source
to
comply with the timetable specified in the consent agreement shall be
sufficient
grounds for closure through a Cease and Desist Order (CDO) issued by
the
Bureau. Further, the facility owner shall be subject to the
reimposition
of the original penalty (subject of the waiver) as well as additional
appropriate
penalties computed on a daily basis pursuant to Section 45 of the Act.chanrobles virtual law library
Section 13. Prohibited
Acts. -
Fugitive
Particulates.chanrobles virtual law library
No person
shall cause, let,
permit, suffer or allow the emission of particulate matter from any
source
whatsoever, including, but not limited to, vehicular movement,
transportation
of materials, construction, alternation, demolition or wrecking or
industry
related activities such as loading, storing or "handling," without
taking
reasonable precautions to prevent such emission. Such reasonable
precaution
shall include, but not be limited to, the following:
1. Use,
where possible,
of water or chemicals for control of dust in the demolition of existing
buildings or structure, construction, operations, the grinding of rock,
quarry or clearing of lands;
2.
Application of
asphalt, oil water, or suitable chemicals on roads, materials
stockpiles,
and other surface which create airborne dust problem; and
3.
Installation and
use of hoods fans and fabric filters or other suitable control devices
to enclose and vent the handling of dusty materials. Adequate
containment
methods shall be employed during sandblasting or other similar
operations.
Volatile
Organic Compounds
or Organic Solvent Emissions
No person
shall store, pump,
handle, process, unload or use in any process or installation, volatile
compound or organic solvents without applying known existing vapor
emission
control devices or systems deemed necessary and approved by the
Department
through the Bureau.chanrobles virtual law library
Nuisance
No person
shall discharge
from any source whatsoever such quantities of air contaminants or other
material which constitute nuisance as defined under Articles
694 to 707 of Republic Act No. 385, otherwise known as the Civil Code
of
the Philippines.chanrobles virtual law library
Open
Burning
No person
shall be allowed
to burn any materials in any quantities which shall cause the emission
of toxic and poisonous fumes. Such materials include but not limited to
plastic, polyvinyl chloride, polypropylene, paints, ink, wastes
containing
heavy metals, organic chemicals, petroleum related compound, industrial
wastes, ozone depleting substances and other similar toxic and
hazardous
substances.chanrobles virtual law library
Further, no
establishment,
firm, company, government or private entity or organizations shall be
allowed
to burn or cause open burning of waste materials in their premises,
area
of jurisdiction, including recognized or unrecognized dumpsites in any
quality or quantity. Violators upon determination by the Department
through
the Bureau shall be penalized in accordance with the provisions of Part
XIII of these Implementing Rules and Regulations.chanrobles virtual law library
General
Restrictions
1. No
plant
or source shall operate at capacities which exceed the limits of
operation
or capability of a control device to maintain the air emission within
the
standard limitations imposed by the Act or by relevant permit
conditions
issued by the Department through the Bureau;
2. No
person shall
build, erect, construct, install, or implant any new source, or
operate,
modify, or rebuild an existing source, or by any other means release or
take action which would result in, together with the concentrations of
existing air pollutants, ambient air concentration greater than the
ambient
air quality standards specified in Section 12 (b) of the Act;
3. No
person shall
build, erect install or use any article, machine, equipment or other
contrivance,
the use of which will conceal an emission which would otherwise
constitute
a violation of any of the provisions of these Implementing Rules and
Regulations. No person shall
cause or
permit the installation or use of any device or any means which,
without
resulting in reduction in the total amount of air contaminant emitted,
conceals or dilutes any emission of air contaminant which would
otherwise
violate the provisions of permit regulations of Rule XIX;
4. All
pollution control
devices and systems shall be properly and consistently maintained and
correctly
operated in order to maintain emission in compliance with the
provisions
and standards of Section 19 of the Act. No facilities shall be operated
without the control equipment in proper operation, except with the
permission
of the Department through the Bureau when special circumstance arise.
RULE XXVSOURCE
SPECIFIC AMBIENT
AIR QUALITY STANDARDS
Section 1. National Ambient
Air Quality Standards. - For any industrial establishment or
operation,
the discharge of air pollutants that result in airborne concentrations
in excess of the National Ambient Air Quality Standards shown in Table
3 shall not be permitted. Sampling shall be done at an elevation of at
least two (2) meters above the ground level and at the location of
highest
expected concentration and under worst case meteorological conditions.
Location and meteorological conditions shall be determined using
dispersion
modeling. Bureau-approved techniques shall be followed in developing
sampling
plans.. However, the Bureau may approve the adoption of a different
procedure
in the choice of the location of the monitoring equipment depending
upon
the physical surrounding and other relevant factors in the area where
the
sampling is to be conducted.chanrobles virtual law library
Table 3National Ambient
Air
Quality Standards for Source Specific Air Pollutants from Industrial
Sources/Operations
|
Concentration
a |
Averaging
Time (min) |
Method
of Analysis/Measurement c |
Pollutants |
m
g/Ncm |
Ppm |
Ammonia |
200 |
.028 |
30 |
Nesselerization
/ Indo Phenol |
Carbon
Disulfide |
30 |
0.01 |
30 |
Tischer
Method |
Chlorine
and Chlorine cmpds expressed as CL2 |
100 |
0.03 |
5 |
Methyl
Orange |
Formaldehyde |
50 |
0.04 |
30 |
Chromotropic
Acid method or MBTH
Colorimetric method |
Hydrogen
Chloride |
200 |
0.13 |
30 |
Volhard
Titration with Iodine solution |
Hydrogen
Sulfide |
100 |
0.07 |
30 |
Methylene
Blue |
Lead |
20 |
|
30 |
AASb |
Nitrogen
Dioxide |
375
260 |
0.20
0.14 |
30
60 |
Griess-Saltzman |
Phenol |
100 |
0.03 |
30 |
4-Aminoantipyrine |
Sulfur
Dioxide |
470
340 |
0.18
0.13 |
30
60 |
Colorimeteric-Pararosaline |
Suspended
Particulate Matter — TSP
PM-10 |
300200 |
---- |
6060 |
Gravimetric
Gravimetric |
Antimony |
0.02
mg/Ncm |
-- |
30 |
AASb |
Arsenic |
0.02
mg/Ncm |
-- |
30 |
AASb |
Cadmium |
0.01
mg/Ncm |
-- |
30 |
AASb |
Asbestos |
2
x 106 Particulates/Ncm(over 5micrometer
in size) |
-- |
30 |
Light
Microscopy |
Sulfuric
Acid |
0.3
mg/Ncm |
-- |
30 |
Titration |
Nitric
Acid |
0.4
mg/Ncm |
-- |
30 |
Titration |
Notes:
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.chanrobles virtual law library
2 Ninety-eight
percentile (98%) values of 30-min. sampling measured at 25oC
and one atmosphere pressure.chanrobles virtual law library
3 Other equivalent
methods approved by the Department through the Bureau may be used.chanrobles virtual law library
Section 2. Review of Ambient
Air Quality Standards. - The Bureau shall provide industries,
non-government
organizations (NGOs) and other stakeholders the opportunity to
participate
in the formulation and revision of standards, determination of the
technical
feasibility of the revised standards, setting the schedule of
implementation
of the revised standards, and other related concerns. The Bureau shall,
on an annual basis, in coordination with other concerned agencies,
review
the list of Hazardous Air Pollutants and the National Ambient Air
Quality
Standards for Source Specific Air Pollutants under Section 12 of the
Act
and recommend to the Secretary of the Department the revision thereof
when
necessary to protect public health and safety, and general welfare.chanrobles virtual law library
Section 3. Publication
of Revised Standards. - Upon approval by the Secretary of the
Department,
the revised Ambient Air Quality Standards shall be published in at
least
one (1) newspapers of general circulation and may be posted on a public
internet website.chanrobles virtual law library
RULE
XXVIIAIR
QUALITY CONTROL
TECHNIQUES
Section 1. Air
Quality
Control Techniques. - Simultaneous with the issuance of the
Ambient
Air Quality Guideline Values, the Bureau, through the National Research
and Development Program contained in the Act, and upon consultation
with
the 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:
a. Best
available
technology and alternative methods of prevention, management and
control
of air pollution;
b. Best
available
technology economically achievable which refers to the technological
basis/standards
for emission limits applicable to existing, direct industrial emitters
of non-conventional and toxic pollutants; and
c.
Alternative fuels,
processes and operating methods which will result in the elimination or
significant reduction of emissions.
Such information may also include
data relating to the cost of installation and operation, energy
requirement,
emissions reduction benefits, and environmental impact or the emission
control technology.chanrobles virtual law library
Section 2. Air Quality
Control Techniques Database. - The Bureau may establish an Air
Quality
Control Techniques Database.chanrobles virtual law library
RULE
XXVIIINON-BURN
TECHNOLOGIES
Section 1. Incineration
Prohibited. - Pursuant to Section 20 of the Act, incineration,
hereby
defined as the burning of municipal, bio-medical and hazardous wastes,
which process emits toxic and poisonous fumes is prohibited.chanrobles virtual law library
Section 2. Non-Burn Technologies.
- With due concern on the effects of climate change, the Bureau
shall
promote the use of state-of-the-art, environmentally-sound and safe
thermal
and non-burn technologies for the handling, treatment, thermal
destruction,
utilization, and disposal of sorted, un-recycled, un-composted,
biomedical
and hazardous wastes.chanrobles virtual law library
Non-burn technologies are
technologies used for the destruction, decomposition or conversion of
wastes
other than through the use of combustion and which comply with at least
one of the following conditions:
(a)
The environment
within the destruction chamber is free of Oxygen; or
(b) Fire is not
used within
the destruction chamber; or
(c) The source of
heat is
not fire; or
(d) A
heat-conducting material
or medium, whether of a solid, liquid, gaseous, sol or gel form, is
used
to destroy the waste.
Non-burn
technologies may be
used provided that the following conditions are strictly complied with:
(a)
Applicable emission
standards are not exceeded;
(b) Installation
and approved
use of CEMS measuring PM, NO2, CO, Chlorine and temperature;
(c) Compliance with
all
other relevant requirements of these Implementing Rules and
Regulations.
In cases where the requirements of this Rule are more restrictive than
those of the other requirements of the Implementing Rules and
Regulations,
the more restrictive requirements shall apply.
Section 3. Emission
Standards
for Thermal Treatment Facilities/Non-Burn Technologies. - Emissions
from thermal treatment facilities and non burning technologies shall be
deemed toxic and poisonous when they result from the processing of
chlorinated
compounds, or when they exceed the following emission standards set
forth
in Tables 4 and 5:
Table 4Daily and Half
Hourly
Average Limits —Treatment Facilities Using Non-burn Technologies
Item |
Daily
Average Values |
Half Hourly
Average
Values |
Particulates
(total dust) |
10
mg/Ncm |
30
mg/Ncm |
Gaseous
and vaporous organic substances, expressed as total organic carbon |
10
mg/Ncm |
20
mg/Ncm |
Hydrogen
chloride (HCl) |
10
mg/Ncm |
60
mg/Ncm |
Hydrogen
fluoride (HF) |
1
mg/Ncm |
4
mg/Ncm |
Sulfur
dioxide (SO2) |
50
mg/Ncm |
200
mg/Ncm |
Nitrogen
monoxide (NO) and Nitrogen dioxide (NO2), expressed as
nitrogen
dioxide for incineration plants with a capacity exceeding 3 tonnes per
hour |
200
mg/Ncm |
400
mg/Ncm |
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/Ncm |
-- |
Ammonia |
10
mg/Ncm |
20
mg/Ncm | Table 5Limits for Metals,
Dioxins
and Furans - Treatment Facilities Using Non-burn Technologies
Item |
Average
Valuesa |
Cadmium
and its compounds, expressed as cadmium (Cd) |
total
0.05mg/Ncm |
Thallium
and its compounds, expressed as thallium (Tl) |
Mercury
and its Compounds, expressed as mercury (Hg) |
0.05
mg/Ncm |
Antimony
and its compounds, expressed as antimony (Sb) |
total 0.5
mg/Ncm |
Arsenic
and its compounds, expressed as arsenic (As) |
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) |
Dioxins
and Furans |
0.1
nanogram/Ncm |
a These average
values cover 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.
The average values shall be measured over a sample period of a minimum
of four (4) hours and a maximum of eight (8) hours, except that all
averages
of dioxins and furans shall be measured over a sample period of a
minimum
of six (6) hours and maximum of eight (8) hours.chanrobles virtual law library
Section 4. Non-applicability
of the Prohibition. - The prohibition shall not apply to
traditional
small-scale method of community/neighborhood sanitation "siga",
traditional, agricultural, cultural, health, and food preparation and
crematoria.
Section 5. Phase-out
of Incinerators Dealing with Biomedical Wastes. - Existing
incinerators
dealing with a biomedical wastes shall be phased out on or before 17
July
2003 provided that in the interim, such units shall be limited to the
burning
of pathological and infectious wastes, and subject to close monitoring
by the Bureau. After the said grace period, facilities that process or
treat biomedical wastes shall utilize state-of the art,
environmentally-sound
and safe non-burn technologies.chanrobles virtual law library
Section 6. Monitoring.
- There shall be public participation in the monitoring of thermal
treatment facilities.chanrobles virtual law library
PART VIIIPOLLUTION
FROM OTHER
SOURCESRULE XXIXPOLLUTION
FROM OTHER
SOURCES - GENERAL
Section 1. Ban on
Smoking.
- The Local Government Units (LGUs) shall, within six (6) months
from
the effectivity of these Implementing Rules and Regulations, implement
or enforce a ban on 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 or work
or any duly designated smoking area.chanrobles virtual law library
Section 2. Regulation
of Other Sources. - The DOTC shall regulate and implement emission
standards on mobile sources other than those referred to under Section
21 of the Act. For this purpose, the Department through the Bureau
shall
formulate and establish the necessary standard for these other mobile
sources.
The DOTC shall collect fines and penalties provided for under Section
46
of the Act from those found to be in violation of the applicable
emissions
standards for other mobile sources.chanrobles virtual law library
PART IXPOLLUTION
FROM MOTOR
VEHICLESRULE XXXMOTOR
VEHICLE COVERAGE
Section 1. Scope.
- These
provisions, in the interest of public safety and conservation of the
environment,
are applicable with respect to:
(a)
Manufacture, local assembly
or importation into the country of new motor vehicle shall be covered
by
a Certificate of Conformity (COC) to be issued pursuant to the
following
sections of this Rule, provided, however, that those motor vehicle
types
already covered by the COC at the time of the effectivity of these
rules
shall not be subject to these provisions unless the Department finds
justifiable
to suspend, cancel or revoke such a certificate;
(b)
Enforcement of permissible
emission levels of vehicles to be manufactured, marketed and/or
operated
in the country;
(c)
Implementation of the
National Motor Vehicle Inspection and Maintenance Program including
accreditation
and authorization of private emission testing centers and certification
of inspectors and mechanics, and;
(d)
Roadside inspection of
motor vehicles.chanrobles virtual law library
RULE XXXIEMISSION
CONTROL FOR
NEW VEHICLES
Section 1. Certificate
of Conformity. - A COC shall be issued by the Department through
the
Bureau to a vehicle manufacturer, assembler, or importer certifying
that
a vehicle type complies with the emission standards in this Rule. No
new
motor vehicle shall be allowed initial registration unless a valid COC
issued by the Department through the Bureau is granted. New motor
vehicles
shall refer to the following:
(a) Vehicles
designed and
manufactured in the Philippines using brand new engines and spare parts;
(b)
Vehicles assembled in
the Philippines using original and brand new parts and components
imported
into the country either semi knocked down (SKD) or completely knocked
down
(CKD);
(c) New
vehicles completely
built up (CBU) imported into the country.chanrobles virtual law library
The emission test for type approval
shall be carried out by the DOTC/LTO under the policy, regulation and
guidelines
supervision of the DENR. The facility where the tests will be conducted
shall be chosen by the DENR utilizing the vehicle type approval system
testing center of the DOTC/LTO. It shall also have visitorial powers
over
the LTO Motor Vehicle Inspection Center and Vehicle Type Approval
System
Testing Center where these tests are carried out.chanrobles virtual law library
While the DOTC/LTO is developing
inspection capability for the vehicle type approval system test, the
certificate
of compliance to emission standards authenticated by the Philippine
Embassy/Consulate
from the country of origin or manufacture of subject vehicle shall be
valid
and sufficient.chanrobles virtual law library
Section 2. Transitory
Emission Limits. - As a condition for the issuance of a COC,
exhaust
emission limits for new vehicle types, to be manufactured/assembled in
the country up to 31 December 2002, shall not exceed the following:
For cars and light duty motor
vehicles, the limits for emission of gaseous pollutants as a function
of
given reference mass shall be as provided hereunder:
Table 6Exhaust Emission
Limits
of Gaseous Pollutants for Cars and Light DutyMotor Vehicles
(Reference
No. ECE Reg. 15-04)
Reference
Mass
(kg) |
CO
g/km |
HC +
NO3g/km |
Type
I Test |
Type
Approval |
Conformity
of
Production |
Type
Approval |
Conformity
of
Production |
750 |
58 |
70 |
19.0 |
23.8 |
751 —
850 |
58 |
70 |
19.0 |
23.8 |
851 —
1020 |
58 |
70 |
19.0 |
23.8 |
1021 —
1250 |
67 |
80 |
20.5 |
25.6 |
1251 -
1470 |
76 |
91 |
22.0 |
27.5 |
1471 —
1700 |
85 |
101 |
23.5 |
29.4 |
1701 —
1930 |
93 |
112 |
25.0 |
31.3 |
1931 —
2150 |
101 |
121 |
26.5 |
33.1 |
2150 |
110 |
132 |
28.0 |
35.0 |
All VehiclesType II
Test |
Maximum
Concentration
of CO at end of last urban cycle = 3.5% |
All Vehicles
Type III
Test |
No Crankcase
Emissions
Permitted |
For medium and heavy duty
motor vehicles with compression-ignition engine, the limit for the
emission
of gaseous pollutant shall be as provided hereunder: Table 7Exhaust Limits of
Gaseous
Pollutants for Medium and Heavy Duty Motor Vehicles Equipped withCompression-Ignition
Engine (Reference No. ECE Reg. 49-01)
CO
(g/kWh) |
HC
(g/kWh) |
NOx
(g/kWh) |
11.2 |
2.4 |
14.4 |
Table 8Smoke Emission
Limits
Under Steady State Conditions (Reference No. ECE Reg. 24-03)
Nominal Flow
(liters/second) |
Absorption
Coefficient
(m-1) |
42 |
2.26 |
100 |
1.495 |
200 |
1.065 |
Opacity under free acceleration
should not exceed the approved level by more than 0.5 m-1.chanrobles virtual law library
Fuel evaporative emissions
for spark ignition engines shall not exceed 2.0 grams per test.chanrobles virtual law library
For motorcycles, CO emissions
at idle shall not exceed 6% for all types.chanrobles virtual law library
Section 3. Test Procedures
to Determine Exhaust Emissions Under Transitory Standards
The test procedures for the
determination of gaseous exhaust emissions under the transitory
standards
shall be as follows:
For
cars and light duty motor vehicles |
ECE
Regulation 15-04 "Uniform provision concerning the approval of vehicle
equipped with positive-ignition engine or with compression-ignition
engine
with regard to emission of gaseous pollutant by the engine" |
For
medium and heavy duty motor vehicles with compression-ignition
engines |
ECE
Regulation 49-01 "Uniform provision concerning the approval of
compression
ignition (C.I.) engines and vehicles with C.I. engines with regards to
the emission of pollutant by the engine" |
For
the determination of CO emission |
Test
procedure for the determination of CO emission shall be at idling
speed. |
Section 4. Emission Standards
Effective Year 2003. - As a condition for issuance of a COC,
exhaust
emission limits for motor vehicle types with spark ignition engines and
compression ignition engines to be introduced into the market beginning
01 January 2003 shall refer to the provisions of Sec. 21 of the Act,
which
is equivalent to Euro 1, as follows:chanroblesvirtuallawlibrary
Table 9Emission Limits
for
Passenger Car/Light Duty Vehicle Type Approval(Directive
91/441/EEC)
CO
(g/km) |
HC +
NOx
(g/km) |
PM1
(g/km) |
Type
Approval |
Conformity of
Production |
Type
Approval |
Conformity of
Production |
Type
Approval |
Conformity of
Production |
2.72 |
3.16 |
0.97 |
1.13 |
0.14 |
0.18 | For
Compression-ignition
engines only.Table 10Emission Limits
for
Passenger/Light Commercial Vehicles as a Function of the Given
Reference
Mass Type Approval(Directive
93/59/EEC)
|
CO |
HC+NOX |
PM1 |
Class
of Vehicle |
Type
Approval |
Conformity
of
Production |
Type
Approval |
Conformity
of
Production |
Type
Approval |
Conformity
of
Production |
Class
1(<1250
Kg) |
2.72 |
3.16 |
0.97 |
1.13 |
0.14 |
0.18 |
Class
2(1251<>1700) |
5.17 |
6.0 |
1.40 |
1.6 |
0.19 |
0.22 |
Class
3(>1700
Kg) |
6.9 |
8.0 |
1.7 |
2.0 |
0.25 |
0.29 | ,For
Compression Ignition
vehicles only.Table 11Emission Limits
for
Heavy Duty Vehicle Type Approval(Directive
91/542/EEC)
CO
(g/k Wh) |
HC
(g/k Wh) |
NOx
(g/k Wh) |
PM2
(g/k Wh) |
Type
Approval |
Conformity
of
Production |
Type
Approval |
Conformity
of
Production |
Type
Approval |
Conformity
of
Production |
Type
Approval |
Conformity
of
Production |
4.5 |
4.9 |
1.10 |
1.23 |
8.0 |
9.0 |
0.36 |
0.4 | For
Compression ignition
vehicles only.For
engines of 85 kW
or less, the limit value for particulate emissionsis
increased by multiplying
the quoted limit by a coefficient of 1.7.Table12Smoke Emission
Limits
Under Steady State Conditions (Reference No. ECE Reg. 24-03)
Nominal
Flow
(liters/second) |
Light
Absorption
Coefficient(m-1) |
42 |
2.26 |
100 |
1.495 |
200 |
1.065 | Opacity
under free acceleration
should not exceed the approved level by more than 0.5 m-1.Table 13Emission Limits
for
Motorcycle Type Approval with 4-stroke EnginesECE Regulation
40.01
Reference
Weight R(1)(kg) |
CO
(g/km) |
HC
(g/km) |
Type
Approval |
Conformity
of Production |
Type
Approval |
Conformity
of Production |
<100 |
17.5 |
21 |
4.2 |
8 |
100-300 |
(17.5+17.5(R-100))/200 |
21+21(R-100))/200 |
4.2+1.8(R-100) |
(6+2.4(R-100))/200 |
>300 |
35 |
42 |
8 |
9.4 | Notes:
1) Reference
weight (R) = Motorcycle weight + 75 kg.Table 14Emission Limits
for
Motorcycle Type Approval with 2-stroke EnginesECE Regulation
40.01
|
CO
(g/km) |
HC
(g/km) |
Reference
Weight R(1)(kg) |
Type
Approval |
Conformity
of Production |
Type
Approval |
Conformity
of Production |
<100 |
12.8 |
16 |
8 |
10.4 |
100-300 |
(12.8+19.2(R-00))/200 |
16+24(R-100))/200 |
8+4(R-100) |
(10.4+6.4(R-100))/200 |
>300 |
32 |
40 |
12 |
18.8 | Notes:
1) Reference
weight (R) = Motorcycle weight + 75 kg.
Table 15Emission Limits
for
Mopeds Type ApprovalECE Regulation 47
Vehicle
type |
2-Wheeled |
3-Wheeled |
Pollutant |
COg/km |
HCg/km |
COg/km |
HCg/km |
Licensing |
8.0 |
5.0 |
15.0 |
10.0 |
Production |
9.6 |
6.5 |
18.0 |
13.0 | (Mopeds
are vehicles
of less than 400 kg equipped with an engine having a cylinder capacity
of less than 50 cubic centimeters.)
For mopeds, CO emissions
at idle shall not exceed 6% for all types.chanrobles virtual law library
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 virtual law library
Durability of pollution control
equipment for spark-ignition and compression-engines shall conform to
the
deterioration factor prescribed in the test procedure.chanrobles virtual law library
The standards set forth in
the above paragraphs of this section refer to the exhaust emitted over
a driving schedule or engine speed, evaporative emission, crankcase
ventilation
emission and durability of pollution control equipment as set forth in
the test procedures indicated in the succeeding section.chanrobles virtual law library
Section 5.Test Procedures
to Determine Exhaust Emissions and Other Standards Effective in Year
2003.
- The test procedures for the determination of emissions and other
standards effective in 2003 shall be as follows:
For
exhaust emissions, fuel evaporative emission, emission of crankcase
gases
and durability of pollution control equipment for cars and light duty
motor
vehicles |
ECE
Regulation 83-01/02, series of amendment approval B and C: "Uniform
provision
concerning the approval of vehicles with regards to the emission of
gaseous
pollutants by the engine according to engine fuel standards"
Approval B -
Limitation of
emission of gaseous pollutant by the engine, evaporative emission,
crankcase
emission and durability of vehicle fueled with unleaded petrol.chanrobles virtual law library
Approval C -
Limitation of
emission of gaseous and particulate pollutants, crankcase emission and
durability of pollution control devices of motor vehicles fueled with
diesel
fuel. |
For
Medium and Heavy Duty Motor Vehicles with compression-ignition
engines |
ECE
Regulation 49-01/02, series of amendment (49/02) "Uniform provision
concerning
the approval of compression-ignition (C.I) engines and vehicles
equipped
with C.I. engine with regards to the emission of pollutants by the
engine" |
For
the determination of CO emission |
The
test procedure for the determination of CO emission shall be at idling
speed as provided in the Emission Test Procedure for Vehicles Equipped
with Spark-Ignition Engines and the Free Acceleration Test Procedure
for
Vehicles Equipped with Compression-Ignition Engines |
Section 6. General Requirements.
- Every motor vehicle manufacturer, assembler or importer shall
provide
all new motor vehicles with a service manual or written instructions
for
the proper use and maintenance of the motor vehicle, including all
relevant
service information or specifications to ensure proper functioning of
the
emission control system and compliance with emission standards.chanrobles virtual law library
All newly manufactured or
imported gasoline-fuelled vehicles, including motorcycles and mopeds,
to
be introduced into the market or imported in to the Philippines shall
be
designed to operate on unleaded gasoline upon the effectivity of these
Implementing Rules and Regulations.chanrobles virtual law library
Section 7. Application
for Certificate of Conformity. - The application for a Certificate
of Conformity (COC) shall be submitted to the Bureau by the motor
vehicle
manufacturer, assembler, importer or their duly authorized
representatives.
It shall be accompanied by the following particulars in triplicate
copies:
(a) Complete
and detailed
descriptions of motor vehicle and the engine;
(b)
Description of the emission
control system installed in the motor vehicle;
(c) Details
of the fuel feed
system;
(d)
Previous emission test
results of pre-production engine vehicle type duly authenticated by the
Philippine Embassy/Consulate of the country of origin; and
(e) Other
particulars which
may be required by the DENR.chanrobles virtual law library
Section 8. Filing Fees
for Application for COC. - A fee to be determined by the
Department
through the Bureau shall be paid upon the filing of the COC
application.
Filing fees for applications that have been denied shall not be
refundable,
nor applicable to subsequent applications.chanrobles virtual law library
Section 9. Approval of
Application. - Upon a determination that the vehicle type meets
the
general requirements of this Rule and upon payment of the corresponding
application fees, the Bureau shall issue a COC within a reasonable time.chanrobles virtual law library
Section 10. COC as Requisite
for Registration. - New motor vehicles shall be registered with
the
LTO of the DOTC only upon presentation of a copy of a valid COC issued
by the Bureau.chanrobles virtual law library
For purposes of registration,
the COC shall cover only:
(a) new
vehicles described
in the Certificate, or
(b) new
vehicle types which
conform in all material respects to the design specifications
applicable
to the particular vehicle type as described in the application for COC
and which are produced in accordance with the particulars of a valid
COC.chanrobles virtual law library
Section 11. Validity of COC.
- For purposes of vehicle registration, the COC shall be valid for
six (6) years from the date of issue unless sooner revoked or
suspended.
In case of suspension, the 6-year validity period shall not be extended
by the period of suspension.chanrobles virtual law library
Modifications of the brake
system, steering, air conditioning, suspension and interior and
exterior
trimmings shall not be construed as a change in vehicle type and there
will be no need to apply for a new COC.chanrobles virtual law library
Section 12. Consent to
Inspection as Condition of COC. - To ensure that new vehicles
manufactured,
assembled, or imported conform in all material respects to the design
specifications
described in the COC, it shall be a condition of the COC that the
manufacturer,
assembler or importer shall consent to all the inspections by the
Department
through the Bureau of the vehicle engine, emission control system,
among
others, of the new motor vehicles covered by the COC.chanrobles virtual law library
Section 13. Ground for
Revocation of COC. - Failure to comply with any of the
requirements
of this Rule shall justify the revocation or suspension of the COC.chanrobles virtual law library
Section 14. Emission Control
Labeling. - The manufacturer, assembler or importer of any motor
vehicle
or motor vehicle engine, subject to the applicable emission standards
prescribed
by the Department, shall affix a permanent legible label, and the
vehicle
identification number (VIN) plate of the type and in a manner described
below:
The label, of durable material,
shall be affixed by the manufacturer, assembler or importer in such a
manner
that it cannot be removed without defacing such label. It shall be
affixed
in a readily visible position in the engine compartment or any
conspicuous
area under the hood, or under the seat in case of a motorcycle.chanrobles virtual law library
The label shall contain the
following information lettered in the English language in block letters
and numerals with a legible print size, and of a color that contrasts
with
the background of the label:
(a) The label
heading: Vehicle
Emission Control Information;
(b) Full
corporate name and
trademark;
(c) Engine
type displacement
in metric units;
(d)
International emission
regulation code; and
(e) Engine
tune-up specification
and adjustment as recommended by the manufacturer including but not
limited
to idle speed(s), ignition timing, the idle air-fuel mixture setting
procedure
and value (e.g. idle CO, idle air-fuel ratio, idle speed drop), high
idle
speed, initial injection timing and valve lash (as applicable) as well
as other parameters deemed necessary by the manufacturer.chanrobles virtual law library
Section 15. Submission
of Vehicle Identification Number. - The manufacturer, assembler or
importer of any motor vehicle covered by a COC under these Implementing
Rules and Regulations shall submit to the Bureau, not later than sixty
(60) days after its manufacture or entry into the country, the vehicle
engine number, chassis number, engine type, vehicle type and color.
Likewise,
a sticker with the Department logo, COC number and date of issue and a
brief statement that the vehicle complies with the provisions of the
Act
and its Implementing Rules and Regulations shall be conspicuously
displayed
on the front windshield of the motor vehicle
RULE
XXXIIEMISSION
CONTROL FOR
IN-USE VEHICLES
Section 1. Emission
Standards
for In-Use Vehicles. - All in-use motor vehicles, and vehicles
with
updated/enhanced engine whose chassis are pre-registered with DOTC/LTO
will only be allowed renewal of registration upon proof of compliance
of
the emission standard described below. The DOTC/LTO shall conduct the
vehicle
test utilizing the Motor Vehicle Inspection Station (MVIS) or its duly
authorized and accredited inspection centers consistent with the R.A.
7394
otherwise known as the Consumer Act of the Philippines within sixty
(60)
days prior to date of registration.chanrobles virtual law library
Emission test procedures
as given in Annex
B and Annex
C for registered or in-use motor vehicles equipped with
spark-ignition
or compression-ignition engines, respectively, should be strictly
followed.chanrobles virtual law library
For vehicles with spark-ignition
engines except motorcycles, the following emission standards shall
apply:
Table 16Emission Standards
for
Vehicles with Spark-Ignition Engines (Gasoline) Except Motorcycles
Vehicle
Category |
CO(% by
volume) |
HC(ppm as
hexane) |
Registered prior
to January
1, 1997At Idle |
4.5 |
800 |
Registered on or
after January
1, 1997 but before January 1, 2003At Idle |
3.5 |
600 |
Registered on or
after January
1, 2003At Low IdleAt High Idle (rpm > 2,500) |
0.50.3 (l =
1+/-0.03)* |
100 |
* or in accordance with
manufacturer's specificationFor vehicles with compression-ignition
engines
Table 17Emission Standards
for
Vehicles with Compression-Ignition (Diesel) Engines (light absorption
coefficient,
m-1)*
|
Naturally
Aspirated |
Turbo
charged |
1,000
m increase
in elevation |
Registered
for
the first time prior to12/31/2002 |
2.5 |
3.5 |
4.5 |
Registered
on
or after 01/01/2003 |
1.2 |
2.2 |
3.2 | * Using
the free acceleration
test.
For motorcycles registered for
the first time on or before December 31, 2002, CO emissions at idle
shall
not exceed 6.0%. For motorcycles registered for the first time after
December
31, 2002 CO emissions at idle shall not exceed 4.5%.
Section 2. Emission
Standards
for Rebuilt Vehicles and Imported Second Hand Vehicles. - No
rebuilt
or second hand-CBU imported into the country or pre-registered vehicles
retrofitted with second hand engines shall be allowed registration or
renewal
of registration without valid Certificate of Compliance to Emission
Standard
(CCES) issued by the DOTC.chanrobles virtual law library
As a condition for the issuance
of a CCES, exhaust emission standards of vehicles enumerated previously
shall not exceed the standards described below.chanrobles virtual law library
As a requirement for the
issuance of a CCES by DOTC for imported second hand vehicles, a
Certificate
of Emission Compliance duly authenticated by the Philippines
Embassy/Consulate
from the country of origin shall be valid and sufficient. The DOTC may
however seek verification through actual testing in the MVIS.chanrobles virtual law library
In the case of locally rebuilt
vehicles, a CCES issued by the DOTC on the basis of an inspection by
the
DOTC Vehicle Type Approval System, if available, or initially by LTO
MVIS,
is required.chanrobles virtual law library
The DTI through the Bureau
of Import Services (BIS) shall formulate regulations and guidelines
that
will ensure rebuilt and imported second hand motor vehicles and engines
will satisfy the emission standards for rebuilt and imported second
hand
motor vehicles as provided in these Implementing Rules and Regulations.chanrobles virtual law library
Table 18Emission Standards
for
Rebuilt Vehicles and Imported Second Hand Vehicles*
|
COa |
HCa |
Smokeb[turbocharged] |
Registered
for
the first time prior to December 31, 2002At Idle |
3.5% |
500
ppm |
2.5
[3.5] m-1 |
Registered
for
the first time on or after January 1, 2003At Idle |
0.5% |
100
ppm |
2.5
[3.5] m-1 |
a — For spark-ignition (gasoline-fueled)
motor vehicles
b — For
compression-ignition
(diesel-fueled) motor vehicles; figure in brackets relate to
turbocharged
vehicles.chanrobles virtual law library
* If the in-use
emission
standard of the country of origin is more stringent than these maximum
limits, it will supersede them.
Section 3. Test
Procedures
for Measurement of Exhaust Emission. - The Department shall
prescribe
the type of smoke opacity meter to be used in the emission testing of
vehicles
with diesel engines.chanrobles virtual law library
The test procedures for measurement
of exhaust emissions for in-use motor vehicles with spark-ignition
engines
and compression-ignition engines are described in Annexes
B and C.chanrobles virtual law library
Section 4. Control of
Emissions from In-use Vehicles. - Pursuant to Section 21(d) of the
Act, the DTI, DOTC/LTO, and the Department shall develop and implement
the National Motor Vehicle Inspection and Maintenance Program that will
ensure the reduction of emissions from motor vehicles and promote the
efficient
and safe operation of motor vehicles. The inspection and maintenance
program
shall require all vehicles, as a requisite for renewal of registration,
to undergo mandatory inspection to determine compliance with the in-use
emission standards. The DOTC/LTO shall also establish a roadside
inspection
system to ensure that vehicles comply with the in-use emission
standards.chanrobles virtual law library
The National Motor Vehicle
Inspection and Maintenance Program is described in detail in Rule XXXIV
and the Roadside Inspection System is described in Rule XXXV.chanrobles virtual law library
Section 5. Use of tamper-resistant
odometers and fuel management systems. -
Pursuant to Section
21 of
the Act, the DTI shall 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.chanrobles virtual law library
Section 6. Useful Life
of For-Hire Vehicles. - Pursuant to Section 22 of the Act, 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 emission they were certified to meet.
These
regulations shall include provisions for ensuring the durability of
emission
devices. For considerations of public health and welfare, the
Department,
DTI, DOTC/LTO, NEDA and DOF may develop and implement a program to
ensure
for-hire vehicles to continue to meet emission standards hereto
described.chanrobles virtual law library
RULE
XXXIIIREVIEW
AND REVISION
OF STANDARDS
Section 1. Review
and
Revision of Standards. - To further improve the emission
standards,
the Department through the Bureau, in coordination with the DOTC/LTO,
shall
review the standards every two (2) years or as the need arises. Where
necessary
to achieve substantial improvement in air quality for the health,
safety
and welfare of the general public, the Department through the Bureau
shall
revise the exhaust emission standards for new and in-use motor
vehicles.
The revised standards must be published in a newspaper of general
circulation
or be filed in triplicate copies with the University of the Philippines
(UP) Law Center pursuant to Presidential Memorandum Circular No. 11
dated
09 October 1992.chanrobles virtual law library
Section 2. Participation
of Stakeholders. - The Department shall provide the motoring
public,
automotive industry, non-government organizations (NGOs) and other
stakeholders
the opportunity to participate in the formulation and revision of
standards,
determination of the technical feasibility of the revised standards,
setting
the schedule of implementation of the revised standards, and other
related
concerns.chanrobles virtual law library
Section 3. Harmonization
with International Standards. - In the review and revision of
emission
standards, the Department shall endeavor to achieve the harmonization
of
national emission standards with internationally-accepted standards.chanrobles virtual law library
The Department, in coordination
with the DOTC and DTI, may adopt or formulate the functional
equivalence
of the emission limits and test procedures. "Functional equivalence"
means
exhaust emission limits and test procedures whose numerical values are
almost the same or identical with other types of emission limits and
test
procedures.chanrobles virtual law library
The Department, in coordination
with DOTC and DTI, and in consultation with the motor vehicle
manufacturers
and other stakeholders, shall study the feasibility of adopting EURO II
or III standards or other appropriate standards in the Philippines to
further
reduce emissions from motor vehicles.chanrobles virtual law library
RULE
XXXIVNATIONAL
MOTOR VEHICLE
INSPECTION AND MAINTENANCE PROGRAM
Section 1. National
Motor
Vehicle Inspection and Maintenance Program. - All private in-use
motor
vehicles and vehicles with updated/enhanced engine whose chassis are
pre-registered
with Land Transportation Office (LTO) will only be allowed renewal of
annual
registration when, upon inspection by the LTO or other authorized
private
Motor Vehicle Inspection Station (MVIS), such vehicles meet the in-use
emission standards set forth in Section 1 of Rule XXXII hereof. The LTO
or other authorized MVIS shall conduct the vehicle tests for emissions.chanrobles virtual law library
Public Utility Vehicles submitted
to DOTC/LTO for renewal of registration shall only be allowed upon
presentation
of a valid Vehicle Inspection Report issued on the basis of the
inspection
following the standard described hereto from the MVIS or its authorized
testing center. The Vehicle Inspection Report shall be valid for a
maximum
of six (6) months.chanrobles virtual law library
Emission tests may be conducted
within sixty (60) days prior to the renewal of registration. The
results
of such test shall be presented within sixty (60) days from the date of
the test and may be presented to the LTO motor vehicle registration
offices
as a prerequisite to renewal of registration.chanrobles virtual law library
Section 2. Phased Implementation.
- The DOTC/LTO shall ensure that the Motor Vehicle Inspection
System
shall be fully operational in Metro Manila by January 2003. Nationwide
implementation shall follow in twelve (12) to eighteen (18) months
thereafter.chanrobles virtual law library
The vehicle inspection will
be initially conducted in the LTO-operated MVIS or LTO Motor Vehicle
Registration
Centers. Priority shall be given to the immediate testing of
diesel-powered
vehicles.chanrobles virtual law library
Section 3. DOTC Authorization
and DTI Accreditation of Private Emission Testing Centers. - Emission
testing of vehicles as a consequence of roadside inspection, for
voluntary
inspection after vehicle maintenance, or for rebuilt and imported
second
hand vehicles and engines, may be done in a private emission testing
center.
Private emission testing centers shall be commissioned by the
Government
through accreditation by DTI and authorization by DOTC. The DTI and
DOTC
shall accredit and authorize emission testing centers in accordance
with
the procedural guidelines thereon.chanrobles virtual law library
In order to accommodate all
vehicles for emission testing, the DOTC may authorize private emission
testing centers previously accredited with the DTI. Such testing
centers
shall be authorized to conduct emission tests on vehicles apprehended
for
non-compliance with the in-use emission standards. The DOTC shall issue
the procedural guidelines on the authorization process. Pursuant to its
standard-setting functions, the Department is responsible for
regulating
the specifications of the emission testing equipment to be used by
private
emission testing centers.chanrobles virtual law library
The DTI shall ensure that
these specifications are met by the accredited private emission testing
centers. In seeking authorization from DOTC, qualified persons may file
an application with the DOTC through LTO or its designated agency, to
be
authorized as an emission testing center. The applicant must comply
with
the requirements of area, trained personnel, adequate equipment and
facilities,
and submit the documentary requirements as may be required by the DOTC
in subsequent regulations. The facilities shall be inspected prior to
the
issuance of the authorization to determine compliance with the
authorization
requirements.chanrobles virtual law library
To obtain accreditation from
the DTI, an application form shall be submitted by the applicant to the
DTI Provincial Office located in the province where the applicant
operates
or resides. The applicant shall comply with the accreditation
requirements
and submit its organizational manual to the DTI. The facilities of the
applicant shall then be inspected. Upon a favorable recommendation of
the
DTI Evaluation Panel / Committee, the Director of DTI Provincial Office
shall approve the application and issue a certification to the
applicant.chanrobles virtual law library
The accredited testing center
shall make available to DTI or its appointed assessors all documents
and
shall allow the latter to inspect its facilities. The accredited
emission
testing center must secure the authorization of the DOTC to conduct
emission
tests on vehicles apprehended for non-compliance with the in-use
standards.
To facilitate the process of accreditation and authorization, the DOTC
and DTI shall enter into an inter-agency agreement to develop and
implement
a uniform procedure for accreditation and authorization of emission
testing
centers. The DOTC and DTI shall study, among others, (1) the creation
of
a "one-stop shop" where an applicant may complete the process of
accreditation
and authorization, (2) the imposition of one fee, (3) the use of a
single
application form for both accreditation and authorization, and (4) the
issuance of a single certificate of accreditation and authorization
signed
by both DOTC and DTI representatives.chanrobles virtual law library
RULE XXXVROADSIDE
INSPECTION
OF MOTOR VEHICLES
Section 1. Roadside
Inspection.
- Vehicles found emitting excessive smoke while operating in any
public
highway shall be subjected to an emission test by properly-equipped
DOTC
through LTO and/or DOTC-designated enforcement unit(s) and/or its
deputized
agents. The procedure for the apprehension of non-compliant vehicles
and
the deputation of agents to perform roadside inspection are set forth
in
Section 4 of this Rule.chanrobles virtual law library
Section 2. Agency Responsible
for Enforcement. - Pursuant to Section 46 of the Act, the DOTC,
through
LTO or DOTC-designated enforcement unit(s) shall establish a roadside
inspection
system to ensure that vehicles comply with the in-use emission
standards
set forth in these Implementing Rules and Regulations
The DOTC shall establish
and chair an oversight committee for the purpose of monitoring smoke
belching
violations. Representatives from concerned government agencies,
relevant
sector organizations and civil society shall compose the membership of
the oversight committee headed by the LTO.chanrobles virtual law library
Section 3. Deputation.
- The DOTC through LTO or DOTC- designated enforcement unit(s) may
deputize qualified government employees, LGUs, government agencies and
private entities to conduct roadside inspection and to apprehend
vehicles
which do not comply with the in-use standards set forth in these
Implementing
Rules and Regulations.chanrobles virtual law library
The deputized agents shall
undergo a mandatory training on emission standards and regulations. For
this purpose, the Department, together with the DOTC through LTO or
DOTC-
designated enforcement unit(s), DTI, DOST, the Philippine National
Police
(PNP) and other concerned agencies and private entities shall design a
training program. The DOTC through LTO or its designated enforcement
unit(s),
together with the Department shall oversee the training program. This
program
shall include training in the correct use, maintenance and calibration
of smoke testing equipment. No individual shall be deputized without
satisfactorily
completing the training.chanrobles virtual law library
Section 4. Apprehension
and Impounding of Vehicles Exceeding Emission Limits. - Pursuant
to
Section 46 of the Act, the procedure for apprehension and impounding of
motor vehicles which emit pollutants beyond the allowable limits shall
be as follows:
(a) A vehicle
suspected
of violation of emission standards through visual signs shall be
flagged
down by the apprehending officer.chanrobles virtual law library
(b) The
apprehending officer
shall conduct an emission test of the vehicle using portable emission
testing
equipment and using test procedures given in Annex
B and Annex
C, to determine whether the vehicle complies with the emission
standards.
Should the results show an exceedance of the emission limits, the
computerized
print-out, or other test result generated by the portable emission
testing
equipment shall serve as prima facie evidence of violation of the
emission
standards.chanrobles virtual law library
Should the
test results show
that there is an exceedance of the standards, a ticket will be issued
to
the driver and the vehicle will be impounded and shall remain in the
custody
of the LTO or deputized agency or private entity until the fines are
paid.chanrobles virtual law library
(c) Should
the test result
show that there is an exceedance of the standards, a ticket will be
issued
to the driver and a warrant of constructive or actual distraint to any
owner of the motor vehicle as provided for in Republic Act 4136 shall
commence
unless the vehicle has been previously found violating the standards
three
(3) or more times within the last 365-day period. In the latter case,
the
motor vehicle registration shall be suspended for a period of one (1)
year.chanrobles virtual law library
(d) Upon
payment of the fine
at the DOTC through LTO or DOTC- designated enforcement unit(s) or
deputized
agency or private entity, the vehicle plate(s) will be surrendered to
the
apprehending officer and the driver will be issued a temporary pass
allowing
him to take possession of the vehicle for the purpose of undertaking
the
needed repairs within a period not later than seven (7) days from the
date
the vehicle is temporarily released.chanrobles virtual law library
(e) Motor
vehicles released
for purposes of repairs shall not be operated or used in public roads
except
for the purpose of transporting the same to the service center for
repairs
and to the authorized emission testing center for emission testing.chanrobles virtual law library
(f) When
the repairs are
made, the vehicle must undergo an emission test at a DOTC/LTO testing
center
or its authorized and accredited emission testing center to ascertain
if
it already meets the emission standards.chanrobles virtual law library
(g) Once
the vehicle meets
the standards, the DOTC/LTO testing center or its authorized and
accredited
emission testing center shall issue a Certificate of Emission
Compliance
to the driver of the vehicle. The CEC will have no validity period, its
sole purpose is to secure the release of the impounded vehicle or the
vehicle
license plates, whichever is applicable and which were confiscated as a
consequence of that specific violation.chanrobles virtual law library
(h) Upon
presentation of
the Certificate of Emission Compliance, the driver shall recover his
vehicle
or his vehicle plates, whichever is applicable, from the DOTC through
LTO
and/or DOTC- designated enforcement unit(s) which has custody over the
vehicle or vehicle plates.chanrobles virtual law library
Further refinement of the apprehension
procedure stated in the Act shall be developed and/or approved by the
DOTC.
All apprehensions shall be made strictly adopting the above procedure.
Failure of enforcers to observe said procedure shall merit review of
the
apprehension by the adjudication service and/or waiver of fines and
penalties.chanrobles virtual law library
Section 5. Appellate Procedure.
- In the event the driver of the apprehended vehicle contests the
fine
imposed and/or the violation of emission standards, he may appeal the
same
with the DOTC-designated Traffic Adjudication Service where he will be
given the opportunity to be heard.chanrobles virtual law library
Section 6. Self-Regulation.
- The DOTC shall encourage self-regulation among transport
stakeholders.
The DOTC shall encourage private sector initiated projects which
integrate
preventive maintenance, driver training, sealing of injections pumps,
pre-registration
testing, and modified apprehension procedures to reduce smoke belching.chanrobles virtual law library
Section 7. Data Collection
and Management. - The DOTC/LTO shall improve its system of
managing
and collecting data from the Motor Vehicle Inspection Stations and from
roadside inspection/apprehensions for violation of emission standards.
The ongoing computerization of LTO vehicle registration shall be linked
to the MVIS and roadside inspection data base to be established.chanrobles virtual law library
Section 8. Certification
of Emission Test Equipment. - To ensure proper and effective
enforcement
of the vehicle emission standard, the Department, through the Bureau,
shall
certify the conformity to standards of emission test equipment before
it
can be used for mandatory emission tests.chanrobles virtual law library
PART XFUELS,
ADDITIVES, SUBSTANCES
AND POLLUTANTSRULE
XXXVI STANDARDS
FOR
FUELS AND ADDITIVES
Section 1. Mechanism
for Setting Fuel Specifications. - Pursuant to Section 26 of the
Act,
the Department of Energy (DOE), co-chaired by the Department, 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,
within six (6) months from the effectivity of these Implementing Rules
and Regulations, set the specifications for all types of fuel and
fuel-related
products, to improve fuel composition for increased efficiency and
reduced
emissions: 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).chanrobles virtual law library
Section 2. Specification
of Allowable Additive Content. - The DOE shall 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 limit the
content
or begin the 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.chanrobles virtual law library
Section 3. Fuel Specifications.
- The fuel formulations shall meet, among others, the following
specifications
set in Table 19 on or before the deadline set forth in the Act:
Table 15. Fuel
Specifications
Fuel |
Property |
Limit |
Effectivity |
Unleaded
Gasoline |
Aromatics
Benzene
Anti-Knock Index
Reid Vapor
Pressure |
45%
max
35% max
4% max
2% max
87.5% min
9 psi max |
Jan.
1, 2000
Jan. 1, 2003
Jan. 1, 2000
Jan. 1, 2003
Jan. 1, 2000
Jan. 1, 2003 |
Automotive
Diesel Oil |
Sulfur
Cetane
No./Index |
0.20%
max
0.05% max
48 min |
Jan.
1, 2001
Jan. 1, 2004
Jan. 1, 2001 |
Industrial
Diesel Oil |
Sulfur
Color |
0.30%
max
ASTM 3.0 |
Jan.
1, 2001
Jan. 1, 2001 |
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.chanrobles virtual law library
Section 4. Review and
Revision of Fuel Specifications. - Every two (2) years thereafter
or
as the need arises and subject to public consultations, 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 virtual law library
Section 5. Monitoring
Compliance through Fuel Sampling. - Compliance with the fuel
specifications
set in the Act shall be monitored through fuel sampling. Guidelines and
procedures for the conduct of fuel sampling shall be developed by the
DOE
within six (6) months from the effectivity of these Implementing Rules
and Regulations. Such guidelines and procedures shall, among others,
consider
the following:
(a) Fuel
samples collected
must be truly representative of the fuel sampled.chanrobles virtual law library
(b) The
chosen sampling procedure
must be suitable for sampling fuel under definite storage,
transportation,
and container conditions.chanrobles virtual law library
(c) Samples
must be obtained
in such a manner and from such locations in the tank or other container
that the sample will be truly representative of the gasoline.chanrobles virtual law library
(d) It must
be ensured that
the samples represent the general character and average condition of
the
fuel.chanrobles virtual law library
(e) Care
should be taken
in collecting and storing samples in containers that will protect them
from changes in content such as loss of volatile fractions by
evaporation
or leaching into the container. Monitoring results shall be made
available
to the public through an annual report to be published by the DOE.chanrobles virtual law library
RULE
XXXVIIREGULATION
OF FUELS
AND ADDITIVES
Section 1.
Agencies Responsible
for Regulating Fuels and Additives. - The DOE, in coordination
with
the Department and the BPS, shall regulate the use of any fuel or fuel
additive.chanrobles virtual law library
Section 2. Registration
of Fuels and Additives. - No manufacturer, processor or trader of
any
fuel or additive may import, sell, offer for sale, or introduce into
commerce
such fuel or 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:
(a) Product
identity and
composition to determine the potential health effects of such fuels and
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.chanrobles virtual law library
The DOE shall issue a separate
regulation or circular detailing registration procedures, including but
not limited to report formats and submission deadlines, within (6)
months
from the adoption and publication of these Implementing Rules and
Regulations.chanrobles virtual law library
Section 3. Information
Database. - The DOE shall develop an information database of
registered
fuels and additives and other related data which shall be accessible to
the public provided that information which are in the nature of trade
secrets
shall be subject to the non-disclosure and confidentiality agreement in
Section 4 of this Rule.chanrobles virtual law library
Section 4. Non-disclosure
and Confidentiality Agreement. - Information on fuels and fuel
additives
registered with the Department of Energy which are considered trade
secrets
shall be covered by a non-disclosure and confidentiality agreement
between
the company and the Department of Energy for a period of fifteen (15)
years.chanrobles virtual law library
RULE
XXXVIIIPROHIBITED
ACTS
Section 1.
Misfuelling.
- 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 virtual law library
Section 2. Manufacture,
Import, and Sale of Leaded Gasoline and of Engines and/or Components,
Requiring
Leaded Gasoline. - Effective December 23, 2000 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.chanrobles virtual law library
Section 3. Manufacture,
Import and Sale of Fuels Not According to Legally Prescribed
Specifications.
- The manufacture, importation and sale of fuels which do not meet
the specifications prescribed in these Rules and Regulations or which
may
be prescribed by the DOE in the future is prohibited, except where the
fuel is intended for export to a country which allows fuel
specifications
lower than are prescribed in the Philippines.chanrobles virtual law library
RULE
XXXIXOZONE-DEPLETING
SUBSTANCES
Section 1. Enforcement
of Philippine Ozone Depleting Substances Phase Out Schedule. - 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 through the
Bureau
shall enforce the Philippine Ozone Depleting Substances (ODS) Phase Out
Schedule as published in the June 27, 2000 editions of the Manila
Times,
Business World, Philippine Star, Manila Bulletin, Peoples Balita, and
Abante.chanrobles virtual law library
Section 2. Revision of
the List of Ozone Depleting Substances. - When necessary, the
Bureau
shall revise the list of substances which are known to cause harmful
effects
on the stratospheric ozone layer which was initially published pursuant
to Section 30 of the Act.chanrobles virtual law library
RULE XLGREENHOUSE
GASES
Section 1.
National Plan
for Reduction of Greenhouse Gas Emissions. - The Department
through
the Bureau, together with concerned agencies and local government
units,
shall, within one (1) year from the effectivity of these Implementing
Rules
and Regulations, prepare and 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.chanrobles virtual law library
RULE XLIPERSISTENT
ORGANIC POLLUTANTS
Section 1. National
Action
Plan. - The Department through the Bureau, together with concerned
agencies and local government units, shall, within one (1) year from
the
effectivity of these Implementing Rules and Regulations establish an
inventory
list of all sources of Persistent Organic Pollutants (POPs) in the
country.chanrobles virtual law library
Section 2. National Programs
on Reduction and Elimination of POPs. - Pursuant to Section 32 of
the
Act, the Bureau shall, within one (1) year after the establishment of
the
inventory list referred to in the preceding section, design and
implement
a national government program on the reduction and elimination of POPs
such as dioxins and furans.chanrobles virtual law library
RULE XLIIRADIOACTIVE
EMISSIONS
Section 1. Regulation
on Atomic and/or Nuclear Energy Use. - The Philippine Nuclear
Research
Institute (PNRI), in coordination with the Bureau and other concerned
government
agencies, shall regulate 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.chanrobles virtual law library
RULE
XLIIIHAZARDOUS
AIR POLLUTANTS
Section 1. Designation
and Management of Hazardous Air Pollutants. - The Department
through
the Bureau shall issue and maintain a list of hazardous air pollutants
and required control measures. The list and control measures shall be
source-specific
by industry and shall be designed to protect Filipinos from unnecessary
risk to health or welfare. Compounds shall be considered for inclusion
on the list as reasonable data or information become available.chanrobles virtual law library
PART XIINSTITUTIONAL
MECHANISMSRULE XLIVIMPLEMENTING
AGENCIES
Section 1. The
Department.
- The Department is the primary government agency responsible for
the
implementation and enforcement of the Act. The Department shall have
the
following authority, among others:
(a) To
promulgate rules
and regulations as may be necessary to implement the intent and
provisions
of the Act;
(b) To
closely supervise
all or parts of the air quality action plans until such time that the
local
government concerned can assume the function to enforce the standards
set
by the Department;
(c) To
revise, from time
to time, the designation of airshed utilizing eco-profiling techniques
and undertaking scientific studies;
(d) To
designate areas where
specific pollutants have already exceeded ambient standards as
non-attainment
areas and to revise the designation of such areas after consultation
with
local government authorities, non-government organizations (NGOs),
people's
organization (POs) and concerned sectors;
(e) To
administer the Air
Quality Management Fund;
(f) To
establish a National
Research and Development Program for the prevention and control of air
pollution, in coordination with the Department of Science and
Technology
(DOST), other agencies, the private sector, the academe, NGOs and POs;
(g) To
institute administrative
proceedings pursuant to Section 40 of the Act;
(h) To
impose fines, through
the Pollution Adjudication Board, for violations of standards for
stationary
sources;
(i) To
exercise such other
authority vested by the Act and as provided for in these Implementing
Rules
and Regulations. The Secretary may delegate such authority and other
powers
and function to the Director.chanrobles virtual law library
Section 2. The Bureau. -
The Environmental Management Bureau shall be a line bureau
primarily
responsible for the implementation and enforcement of the Act pursuant
to Section 34 thereof. It shall be comprised of a Central Office and
the
necessary regional, provincial and such other offices as may be
established
in pertinent administrative orders issued by the Secretary. The Bureau
shall establish and operationalize its regional offices within two (2)
years from the effectivity of these Implementing Rules and Regulations.
For this purpose, the Bureau shall reorganize and increase the number
of
its personnel to effectively implement the Act and the Implementing
Rules
and Regulations. The proposed line bureau staffing pattern shall be
submitted
to the Department of Budget ad Management for approval.chanrobles virtual law library
The Bureau shall have the
following powers and functions, among others:
(a) To prepare
annual National
Quality Status Report pursuant to Section 6 of the Act;
(b) To
design and develop,
in cooperation with the National Statistical Coordination Board (NCSB),
an information network for data storage, retrieval and exchange;
(c) To
serve as the central
depositary of all data and information related to air quality;
(d) To
issue and, from time
to time, revise information on air pollution control techniques upon
consultation
with the appropriate committees, government agencies and LGUs;
(e) To, in
coordination with
other concerned agencies, review and/or revise and publish annually a
list
of hazardous air pollutants with corresponding ambient guideline values
and/or standard necessary to protect public health and safety, and
general
welfare;
(f) To
design, impose on
and collect regular emission fees from industrial dischargers as part
of
the emissions permitting system based on environmental techniques;
(g) To
issue permit as it
may determine necessary for the prevention and abatement of air
pollution;
(h) To
require program and
project proponents to put up financial guarantee mechanisms to finance
the needs for emergency response, clean-up or rehabilitation of areas
that
may be damaged during the program or project's actual implementation;
(i) To
review, or as the
need therefore arises, revise and publish emission standards to further
improve the emission standards for stationary sources of air pollution
as well as emission standards for motor vehicles;
(j) To have
the right of
entry or access to any premises including documents and relevant
materials;
to inspect any pollution or waste source, control devise, monitoring
equipment
or method required; and to test any emission;
(k) To
require any person
who owns or operates any emission source or who is subject to any
requirement
of the Act to (i) establish and maintain relevant records; (ii) make
relevant
reports; (iii) install, use and maintain monitoring equipment or
methods;
(iv) sample emission, in accordance with the methods, locations,
intervals,
and manner prescribed by the Department; and (v) keep records;
(l) To
exercise such other
powers and functions as provided by the law, the Act and these
Implementing
Rules and Regulations.chanrobles virtual law library
Section 3. Other Implementing
Agencies. - The other agencies primarily responsible for the
implementation
of the Act are the Department of Transportation and Communications, the
Department of Energy, and the Department of Trade and Industry.chanrobles virtual law library
The DOTC shall have the authority
to, among others:
(a) Implement
the emission
standards for motor vehicles pursuant to and as provided in the Act;
(b)
Participate in the formulation
of an Action Plan for the control and management of air pollution from
motor vehicles;
(c)
Contribute towards the
establishment of procedures for inspection of motor vehicles, assist in
the formulation and implementation of the National Motor Vehicle
Inspection
and Maintenance Program;
(d)
Authorize private emission
testing centers (duly accredited by DTI);
(e)
Establish a roadside
inspection system;
(f)
Contribute towards design
of training program for law enforcement officials and deputized agents
on vehicle emission testing.chanrobles virtual law library
The DTI shall have the authority
to, among others:
(a)
Participate in the formulation
of an Action Plan for the control and management of air pollution from
motor vehicles;
(b)
Contribute towards the
establishment of procedures for inspection of motor vehicles, assist in
the formulation and implementation of the National Motor Vehicle
Inspection
and Maintenance Program;
(c)
Accredit private emission
testing centers (duly authorized by the DOTC);
(d) Develop
and implement
standards and procedures for the certification of training
institutions,
instructors and facilities and licensing of qualified private service
centers
and their technicians;
(e)
Prescribe regulations
requiring the disclosure of odometer readings and use of
tamper-resistant
odometers, including tamper resistant fuel management systems.chanrobles virtual law library
The DOE shall have the authority
to, among others:
(a) In
coordination with
other relevant agencies, set the specifications for all types of fuel
and
fuel-related products;
(b) Specify
allowable content
of additives in all types of fuel and fuel-related products;
(c) In
coordination with
the Department and BPS, regulate the use of any fuel or fuel additive.chanrobles virtual law library
RULE IIROLE OF
LOCAL GOVERNMENT
UNITS
Subject to
Section 36 of
the Act and pursuant to the Local
Government Code (R.A. 7160) and other pertinent laws, the Local
Government
Units (LGUs) shall have the following roles within their respective
territorial
jurisdiction:
(a) To share
the responsibility
in the management and maintenance of air quality within their
respective
territorial jurisdiction;
(b) To
implement air quality
standards set by the Governing Board, consistent with Sections 7, 8 and
9 of the Act;
(c) To
establish an Environment
and Natural Resources Office (ENRO) in every province, city, or
municipality
which shall be headed by the environment and natural resources officer
appointed by the chief executive of every province, city or
municipality
in accordance with the provisions of Section 484 of the R.
A. 7160 and to exercise powers and duties set forth in Section 37
of
the Act;
(d) To
prepare and develop,
with the assistance from the Department, an action plan consistent with
the Integrated Air Quality Framework to attain and maintain the ambient
of air quality standards within their respective airsheds as provided
in
Section 9 of the Act;
(e) To
prepare and implement
a program and other measures including relocation, whenever necessary,
to protect the health and welfare of residents in the area;
(f) To
develop and submit
to the Department through the Bureau a procedure for carrying out the
action
plan for their jurisdiction, provided that the Department through the
Bureau
shall maintain its authority to independently inspect the enforcement
procedure
adopted;
(g) To
perform such other
powers and functions as may be provided by applicable laws, rules and
regulations.chanrobles virtual law library
The Department shall provide
the LGUs with technical assistance, training and a continuing
capability-building
program to prepare them to undertake full administration of the air
quality
management and regulations within their territorial jurisdiction.chanrobles virtual law library RULE XLVILINKAGE
MECHANISM
Section 1. Participation
of Other Organizations. - The Department shall consult,
participate,
cooperate and enter into agreement with other government agencies, or
with
affected non-governmental (NGOs) or peopleÕs organizations
(POs),
or private enterprises in the furtherance of the objectives of the Act
and these Implementing Rules and Regulations.chanrobles virtual law library
Section 2. Linkage with
Coordinative Multisectoral Body. - Pursuant to Section 35 of the
Act,
the Bureau shall endeavor to institutionalize consultation with a
multisectoral
commission tasked to coordinate the plans and efforts of government
agencies
and non-government organizations in addressing air pollution in an
organized
and systematic manner.chanrobles virtual law library
The Bureau shall study the
creation of a multisectoral commission headed by the Secretary of the
Department
and composed of representatives from the following sectors: (1)
government
agencies involved in the task of air pollution control and management,
(2) civil society, (3) business, (4) and other concerned sectors. The
commission
shall serve as an oversight body to ensure the systematic and effective
management of air quality.chanrobles virtual law library
RULE IVRECORD-KEEPING,
INSPECTION,
MONITORING AND ENTRY
Section 1. Required
Relevant
Reports and Records. - The Department through the Bureau 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: (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 Bureau; (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 Bureau may reasonably require.chanrobles virtual law library
Section 2. Right of Entry,
Inspection and Testing. - Pursuant to the Act, the Bureau, through
its authorized representatives, shall have the right of:
(a) entry of
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.chanrobles virtual law library
Section 3. Records Available
to the Public. - Any record, report or information obtained under
this
Rule shall be made available to the public, except upon a satisfactory
showing to the Bureau 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 Bureau's
industrial
rating system.chanrobles virtual law library
RULE VPUBLIC
EDUCATION AND
INFORMATION CAMPAIGN
Section 1. Public
Education
and Information Campaign. - A continuing air quality information
and
education campaign shall be 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 Section 7 of the
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 the formulation and implementation
of a multi-sectoral information campaign.chanrobles virtual law library
Section 2. Awareness Campaign
for Mobile Sources. - The enforcement and implementation of
emission
standards requires the active cooperation of the importers, local
assemblers,
owners/operators and users of all motor vehicles. To ensure the
cooperation
of these groups, there is a need for an intensified and sustained
awareness
raising campaign. Awareness raising will be focused on the transport
sector
and will concentrate in communicating: (i) the harmful impact of gas
emission
on general public and workers in the transport sector, (ii) the
technological
options available to the transport sector to prevent smoke belching;
and
(iii) the commitment of the government to fully enforce emission
standards
through strengthening of apprehension activities.chanrobles virtual law library
The advertising industry,
the broadcasting industry and the print media shall participate and
cooperate
in the formulation and implementation of public awareness raising
campaigns
in connection with the emission standards without any profit to claim
in
connection with their involvement.chanrobles virtual law library
PART XIIACTIONSRULE XLIXADMINISTRATION
AND ENFORCEMENT
Section 1. Administration
and Enforcement. - These Implementing Rules and Regulations shall
be
administered by the Department and/or its authorized representatives or
through other government agencies designated or deputized by the
Department,
or by this act, executive orders or memorandum circulars, and others.chanrobles virtual law library
Section 2. Rules and Regulations
of other Government Agencies. - The rules and regulations issued
by
other government agencies and instrumentalities for the prevention
and/or
abatement of pollution not consistent with this Act shall supplement
the
rules and regulations issued by the Department through the Bureau.chanrobles virtual law library
Section 3. Authentication
with Official Seal. - All decisions, orders and appropriate legal
documents
hereinafter promulgated shall be issued and authenticated with the
official
seal of the Department or other government agencies designated by this
Act.chanrobles virtual law library
Section 4. Jurisdiction.
- The Department through the bureau shall have exclusive and
original
jurisdiction to control and abate air pollution from stationary sources
within the territorial jurisdiction.chanrobles virtual law library
The abatement of public nuisance
as defined under the Civil Code of the Philippines and special laws
shall
not affect or stay the proceedings before the Department or the DOTC as
the case may be, provided however, that the Department or the DOTC as
the
case may be, may at its discretion, take appropriate steps in the
interest
of justice and public welfare.chanrobles virtual law library
RULE LADMINISTRATIVE
ACTIONS
AND PROCEDURES IN AIR POLLUTION CASES INVOLVING STATION SOURCES
Section 1. 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:
(a) Standards
of limitation
provided under this Act; or
(b) Any order, rule
or regulation
issued by the Department with respect to such standard or limitation.chanrobles virtual law library
Section 2. The Pollution
Adjudication Board. - The Pollution Adjudication Board (PAB) shall
have sole and exclusive jurisdiction over all cases of air pollution,
as
defined in these Implementing Rules and Regulations, and all other
matters
related thereto, including the imposition of administrative sanctions,
except as may be provided by law.chanrobles virtual law library
The PAB shall adopt and promulgate
the rules of practice and procedure in air pollution cases from
stationary
sources under this Act. Unless otherwise revised or amended, the
existing
rules of the PAB, PAB Resolution No. 1-C, Series of 1997, shall apply.chanrobles virtual law library
Section 3. Closure or
Suspension of Development, Construction or Operations of a Stationary
Source.
- In addition to the fines prescribed under the Act and these
Implementing
Rules and Regulations, the PAB shall order the closure or suspension of
development, construction or operation of the stationary sources until
such time that proper environmental safeguards are put in place;
Provided,
That an establishment found liable for a third offense shall suffer
permanent
closure immediately.chanrobles virtual law library
The Order of Closure or suspension
is without prejudice to the immediate issuance of an ex parte order by
the PAB for such closure, suspension or development or construction, or
cessation of operations during the pendency of the pollution case
before
the PAB. Said ex parte order shall be based upon prima facie evidence
that
there 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 or the appropriate LGU.chanrobles virtual law library
Section 4. Fine Rating
System. - The PAB shall prepare a fine rating system to adjust the
maximum fine prescribed under Section 45 of the Act based on the
violator's
ability to pay, degree of willfulness, degree of negligence, history of
non-compliance and degree of recalcitrance subject to conditions set
forth
in the Act. In case of negligence, the first-time offender's ability to
pay may likewise be considered by the PAB. 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.chanrobles virtual law library
RULE LIACTIONS,
PLEADINGS AND
HEARING PROCEDURES FOR MOTOR VEHICLES BEFORE THE LTO
Section 1. Nature
and
Procedure. - Subject to the basic requirements of due process, the
proceedings herein provided shall be summary in nature. The technical
rules
of evidence obtaining in courts of law shall not bind the Traffic
Adjudication
Service of the LTO. The Rules of Court shall not apply in proceedings
before
the Board except in a supplementary character and only whenever
applicable.chanrobles virtual law library
Section 2. Commencement
of Action. - Actions for any violation of any of the motor vehicle
pollution control laws and/or these Implementing Rules and Regulations
may be commenced by any person by filing a written complaint, or by the
DOTC on its own initiative, or by the filing of a charge by any
deputized
agent of the DOTC before the hearing officer.chanrobles virtual law library
Section 3. Caption and
Title. - In all cases cognizable by the Traffic Adjudication
Service,
the full names of all parties, as far as they are known, shall be
stated
in the caption of the original pleadings, motion, resolution, order or
decision and in all summons, notices and processes to be served upon
them.chanrobles virtual law library
Section 4. Forms and Contents
of Complaints and Charge Sheet. - The complaint or charge sheet
shall
be in writing and drawn in clear and concise language, either in
Filipino
or in English. It shall recite the ultimate facts constituting the
cause(s)
of action and/or the violations of the motor vehicle pollution control
laws and/or these Implementing Rules and Regulations, as well as all
information
pertinent thereto. It may specify the relief and such further remedies
as may be deemed just and equitable, except that the charge sheet shall
already include a notice requiring the Respondent to appear and answer
the charge of the date, time and place indicated therein which shall
not
be less than one (1) day nor more than three (3) days from receipt
hereof.
In the case of a private complaint, the hearing officer shall set the
case
for hearing and require the Respondent to appear and answer the
complaint
on the date, time and place indicated in the notice of hearing which
shall
not be later than five (5) days from receipt thereof.chanrobles virtual law library
Section 5. Filing and
Service of Complaint and Charge Sheet. - The complaint or charge
sheet
shall be filed in two (2) copies before the Hearing Officer whose
office
covers the territorial jurisdiction where the Respondent was
apprehended.
The charge sheet shall be filed immediately, but not later than
twenty-four
(24) hours from knowledge of the violation. Service of the copy upon
the
driver of Respondent, shall be deemed service to Respondent.chanrobles virtual law library
Section 6. Hearing on
Apprehended Motor Vehicles. - (a) As soon as the parties enter
their
appearances and manifest their readiness to proceed with the hearing of
the case, the complainant shall be allowed to present evidence in
support
of the charge with the testimony of each witness taken under oath.
Thereafter,
the Respondent shall be allowed to present this evidence.chanrobles virtual law library
(b) If the case is commenced
by the Secretary or its deputized agent, the hearing shall proceed
directly
with the presentation of results of the smoke meter or CO/HC tests as
the
case may be, and other evidence, after which the Respondent shall
present
his evidence.chanrobles virtual law library
In case of doubt, the Hearing
Officer shall admit all the evidence presented, subject to the
objections
interposed, if there be any.chanrobles virtual law library
Section 7. Order/Decision.
- If the Respondent admits the charge, the Hearing Officer shall
on
that same day, issue an order imposing the appropriate fines and
directing
the grounding of the apprehended motor vehicle.chanrobles virtual law library
If the litigation of the
case continues, the Hearing Officer shall decide the same within three
(3) days from its submission. Said decision shall become final and
executory
if no appeal is taken therefrom to the Secretary within fifteen (15)
days
from notice thereof.chanrobles virtual law library
Only upon the presentation
of the CEC and the official receipt certifying full payment of fines
shall
the grounded motor vehicle be released upon a written order duly issued
by the Hearing Officer. The Hearing Officer shall then issue another
order
allowing the said motor vehicle to resume operation.chanrobles virtual law library
RULE LIICITIZEN
SUIT
Section 1.
Purposes.
- The purposes of this section are to:
(a) promote
the participation
of the citizens in the enforcement of the Act.chanrobles virtual law library
(b) serve
as a prod to government
officials to take the necessary and appropriate action to abate and/or
control pollution.chanrobles virtual law library
Section 2. Scope. - The
legal actions contemplated under this section are for civil and
criminal
remedies, the administrative action having been extensively treated in
the preceding Rules.chanrobles virtual law library
Section 3. Party Defendants.
- The legal actions shall be against:
(a) Any
private natural
or juridical person, including government owned and controlled
corporations,
who violates or fails to comply with the provisions of this Act;
(b) Any
Government agency
which may issue any order or rules inconsistent with this Act. For this
purpose, unless the inconsistency is so blatant as to manifest evident
bad faith, the action available under this heading shall only be civil
in nature, such as for declaratory relief and/or injunction. The
government
official who was made a respondent in said civil action shall be sued
in
his official capacity and shall not be liable for damages.chanrobles virtual law library
(c) Any
public officer who
willfully or grossly neglects to perform the duties provided for under
the Act, or who abuses his authority or in any manner improperly
performs
his duties under the Act and its Implementing Rules and Regulations.chanrobles virtual law library
Section 4. Notice. - The
government official as well as the person in violation shall be given
notice
of thirty (30) calendar days to undertake the necessary measures to
abate
the pollution. This shall be a condition precedent to the filing of a
civil
or criminal case in court against the polluting establishment and
against
the government official concerned.chanrobles virtual law library
Section 5. Damages. -
Damages arising from illness, physical injury or damage to property
as a result of air pollution may be included in the action filed
against
the government official concerned and the polluting establishment. In
addition,
failure to take action within the prescribed 30-day period may also be
ground for the initiation of an administrative or criminal action
against
the government official concerned before the Office of the Ombudsman.chanrobles virtual law library
Section 6. Filing Fees.
- In coordination with the Supreme Court, the citizen suit under
this
Rule, including actual and moral damages alleged to have resulted from
the air pollution, shall be exempt from filing fees and other court
fees.
The Supreme Court may also waive the payment of the nominal filing fee
for actions not capable of pecuniary estimation (e.g., declaratory
relief,
prohibitory and mandatory injunction, etc). The fees shall however be
recorded
to enable the Court to collect the appropriate amount recovered by the
plaintiff in the event a monetary judgment is rendered in favor of the
plaintiff in the citizen suit.chanrobles virtual law library
Section 7. Bond. - In
coordination with the Supreme Court, where there is a prima facie
showing by the plaintiff that the defendant establishment's emission is
beyond the standards allowed by the law and these Implementing Rules
and
Regulations, or where there is a showing that the government official
concerned
has grossly neglected to perform his duty or has abused his authority,
the Court shall exempt the plaintiff from the posting of a bond for the
issuance of a restraining order or preliminary injunction. Section 8.
Malicious
Actions The Court shall, within thirty (30) days from receipt of the
complaint,
make a preliminary determination whether the case is malicious and/or
baseless.
The availability of technical data secured through the monitoring
conducted
by the Department through the Bureau, if any, or the presence of a
photograph
showing a visibly opaque emission shall be sufficient evidence to prove
that the case is neither malicious nor baseless.chanrobles virtual law library
RULE LIIISUITS
AND STRATEGIC
LEGAL ACTIONS
Section 1. Duty
of the
Investigating Prosecutor. - Where a suit is brought against a
person
who filed an action under the preceding Rule, or against any person,
institution
or government agency that implements the Act or these Implementing
Rules
and Regulations, 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 resources of the
person complaining or enforcing the provisions of the Act or these
Implementing
Rules and Regulations.chanrobles virtual law library
Section 2. Action of the
Court. - Upon determination made under the preceding section, if
evidence
warrants the same, the court shall dismiss the case and award
attorney's
fees and double damages.chanrobles virtual law library
Section 3. Scope. - This
Rule shall apply and benefit persons who filed an action under the
preceding
Rule or Section 41 of the Act and any person, institution or government
agency that implements the Act or these Implementing Rules and
Regulations.
Further, it shall also 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 the Act or these
Implementing
Rules and Regulations.chanrobles virtual law library
PART XIIIFINES
AND PENALTIESRULE LIVFINES
AND PENALTIES
FOR VIOLATION OF STANDARDS FOR STATIONARY SOURCES
Section 1. Fines
to Be
Imposed. - For actual exceedance of any pollution or air quality
standards
under the Act or these Implementing Rules and Regulations, the PAB
shall
impose a fine of not more than One Hundred Thousand Pesos (P
100,000.00)
for every day of violation against the owner or operator of a
stationary
source until such time that the standards have been complied with.chanrobles virtual law library
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
the
fines.chanrobles virtual law library
Section 2. Gross Violation
Defined. - Gross violations of the Act or these Implementing Rules
and Regulations shall mean:
(a) Three (3)
or more specific
offenses within a period of one (1) year;
(b) Three
(3) or more specific
offenses within three (3) consecutive years;
(c) Blatant
disregard of
the orders of the PAB, such as but not limited to the breaking of
seals,
padlocks and other similar devices, or operating despite the existence
of an order for closure, discontinuance or cessation of operation;
(d)
Irreparable or grave
damage to the environment as a consequence of any violation or omission
of the provisions of the Act or these Implementing Rules and
Regulations.chanrobles virtual law library
Section 3. Penalties for
Gross. - Violations In case of gross violations of the Act or
these
Implementing Rules and Regulations, the PAB shall recommend to the
proper
government agencies the filing of appropriate criminal charges against
the violators. The PAB shall assist the public prosecutor in the
litigation
of the case.chanrobles virtual law library
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 officials directly in charge of the operations shall suffer
the penalty herein provided.chanrobles virtual law library
Section 4. Lien Upon Personal
and Immovable Property. - Fines and penalties imposed pursuant to
the
Act or these Implementing Rules and Regulations shall be liens upon
personal
and immovable properties of the violator. Such lien shall, in case of
insolvency
of the respondent violator, enjoy preference subsequent to laborer's
wages
under Article 2241 and 2242 of Republic Act No. 386, otherwise known as
the New Civil Code of the Philippines.chanrobles virtual law library
RULE LVFINES
AND PENALTIES
FOR VIOLATION OF STANDARDS FOR MOTOR VEHICLES
Section 1. Fines
and
Penalties for Violation of Vehicle Emission Standards. - The
driver
and operator of the apprehended vehicle found to have exceeded the
emission
standards shall suffer the following penalties.chanrobles virtual law library
(a) First
offense - a fine
in the amount of one thousand pesos (P 1,000.00);
(b) Second
offense - a fine
in the amount of three thousand pesos (P 3,000.00); and
(c) Third
offense -a fine
in the amount of five thousand pesos (P 5,000.00) and the offender must
undergo a seminar on pollution control and management conducted by the
DOTC/LTO.chanrobles virtual law library
In case the third offense was
committed within a year from the commission of the first offense, an
additional
penalty of suspension of the Motor Vehicle Registration (MVR) for a
period
of one (1) year shall be imposed.chanrobles virtual law library
Section 2. Fines for Violation
of the Provisions of Section 21(d) of the Act. - Any violation of
the
provisions of Section 21 paragraph (d) with regard to national
inspection
and maintenance program, including technicians and facility compliance
shall be penalized with a fine of not less than thirty thousand pesos
(P
30,000.00) or cancellation of license of both the technician and the
center,
or both, as determined by the DOTC.chanrobles virtual law library
RULE LVIFINES
AND PENALTIES
FOR VIOLATIONS OF OTHER PROVISIONS OF THE CLEAN AIR ACT
Section 1. Fines
and
Penalties for Violations of Other Provisions in the Act. - For
violations
of all other provisions provided in the Act and these Implementing
Rules
and Regulations, fine of not less than Ten Thousand Pesos (P 10,000.00)
but not more than One Hundred Thousand Pesos (P 100,000.00) or six (6)
years imprisonment or both shall be imposed.chanrobles virtual law library
If the offender is a juridical
person, the president, manager, directors, trustees, the pollution
control
officer or officials directly in charge of the operations shall suffer
the penalty herein provided.chanrobles virtual law library
Section 2. Burning of
Municipal Waste. - Any person who burns municipal waste in
violation
of Sections 1 and 3 of Rule XXV shall be punished with two (2) years
and
one (1) day to four (4) years imprisonment.chanrobles virtual law library
Section 3. Burning of
Hazardous Substances and Wastes. - Any person who burns hazardous
substances
and wastes in violation of Section 1 of Rule XXV shall be punished with
four (4) years and one (1) day to six (6) years imprisonment.chanrobles virtual law library
Section 4. Burning of
Bio-Medical Waste.
- Any
person who burns bio-medical waste in violation of Section 4 of Rule
XXV
shall be punished with four (4) years and one (1) to six (6) years
imprisonment.chanrobles virtual law library
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).chanrobles virtual law library
Section 6. Manufacture,
Importation, Sale, Offer for Sale, Introduction into Commerce,
Conveyance
or other Disposition of Leaded Gasoline. - Any person who
manufactures,
imports, sells, offers for sale, introduces to commerce, conveys or
otherwise
disposes of, in any manner leaded gasoline shall be punished with three
(3) years and one (1) day to five (5) years imprisonment and liable for
the appropriate fine as provided in Section 1.chanrobles virtual law library
Section 7. Manufacture,
Importation, Sale, Offer for Sale, Introduction into Commerce,
Conveyance
or other Disposition of Engines and/or Engine Components Requiring
Leaded
Gasoline. - Any person who manufactures, imports, sells, offers
for
sale, introduces into commerce, conveys or otherwise disposes of, in
any
manner engines and/or engine components which require the use of leaded
gasoline shall be punished with three (3) years and one (1) day to five
(5) years imprisonment and liable for the appropriate fine as provided
in Section 1.chanrobles virtual law library
Section 8. Manufacture,
Importation, Sale, Offer for Sale, Dispensation, Transportation or
Introduction
into Commerce of Unleaded Gasoline Fuel which do not Meet the Fuel
Specifications.
- Any person who manufactures, sells, offers for sale, dispenses,
transports
or introduces into commerce unleaded premium gasoline fuel in violation
of Section 3 of Rule XXXI or which do not meet the fuel specifications
as revised by the DOE shall be punished with three (3) years and one
(1)
day to five (5) years imprisonment and liable for the appropriate fine
as provided in Section 1.chanrobles virtual law library
Section 9. Manufacture,
Importation, Sale, Offer for Sale, Dispensation, Transportation or
Introduction
into Commerce of Automotive Diesel Fuel which do not Meet the Fuel
Specifications.
- Any person who manufactures, sells, offers for sale, dispenses,
transports
or introduces into commerce automotive diesel fuel in violation of
Section
3 of Rule XXXI or which do not meet the fuel specifications as revised
by the DOE shall be punished with three (3) years and one (1) day to
five
(5) years imprisonment and liable for the appropriate fine as provided
in Section 1.chanrobles virtual law library
Section 10. Manufacture,
Importation, Sale, Offer for Sale, Dispensation, Transportation or
Introduction
into Commerce of Industrial Diesel Fuel which do not Meet the Fuel
Specifications.
- Any person who manufactures, sells, offers for sale, dispenses,
transports
or introduces into commerce industrial diesel fuel in violation of
Section
3 of Rule XXXI or which do not meet the fuel specifications as revised
by the DOE shall be punished with three (3) years and one (1) day to
five
(5) years imprisonment and liable for the appropriate fine as provided
in Section 1.chanrobles virtual law library
Section 11. Manufacture,
Processing, Trade of Fuel or Fuel Additive Without Prior Registration
of
the Fuel or Fuel Additive with the DOE. - Any person who
manufactures,
processes, or engages in the trade of any fuel or fuel additive without
having the fuel or fuel additive registered with the DOE shall be
punished
with two (2) years and one (1) day to four (4) years of imprisonment
and
liable for the appropriate fine as provided in Section 1.chanrobles virtual law library
Section 12. Misfuelling.
- Misfuelling refers to the act of introducing or causing or
allowing
the introduction of leaded gasoline into any motor vehicle equipped
with
a gasoline tank filler inlet and labeled "unleaded gasoline only."
Any person who misfuels shall
be punished with one (1) year and one (1) day to three (3) years
imprisonment
or a fine of twenty thousand pesos (P20,000.00).chanrobles virtual law library
PART XIVFINAL
PROVISIONSRULE LVIISEPARABILITY
CLAUSE
If any clause,
sentence,
section or provision of these Implementing Rules and Regulations is
held
or declared unconstitutional or invalid by a competent court, the
remaining
parts of these Implementing Rules and Regulations shall not be affected
thereby.chanrobles virtual law library
RULE
LVIIIREPEALING
AND AMENDING
CLAUSE
Department
Administrative
Order No. 2000-03 and all orders, rules and regulations inconsistent
with
or contrary to the provisions of these Implementing Rules and
Regulations
are hereby repealed or modified accordingly.chanrobles virtual law library
RULE LIXEFFECTIVITY
These
Implementing Rules
and Regulations shall take effect fifteen (15) days from the date of
its
publication in the Official Gazzette or in at least two (2) newspapers
of general circulation.chanrobles virtual law library
Approved:chanroblesvirtuallawlibrary
ANTONIO H. CERILLESSecretary |