g. ra 8749 an act providing for a comprehensive air pollution control policy and for other purposes

8/12/2019 g. Ra 8749 an Act Providing for a Comprehensive Air Pollution Control Policy and for Other Purposes

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Republic of the PhilippinesCongress of the Philippines

Metro Manila

Eleventh Congress

Republic Act No. 8749 June 23 !999

AN AC" PR#$%&%N' (#R A C#)PRE*EN+%$E A%R P#,,-"%#NC#N"R#, P#,%C AN& (#R #"*ER P-RP#+E+

Be it enacted by the Senate and House of Representatives of thePhilippines in Congress assembled::

Ch/pter !'ener/l Provisions

Article #ne0/sic Air 1u/lit Policies

+ection !. +hort "itle.- This ct shall be !no"n athe Philippine Cle/n Air Act of !999.

+ection 2. &ecl/r/tion of Principles.- The State shall protect an

advance the right of the people to a balanced and healthful ecology iaccord "ith the rhythm and harmony of nature#

The State shall promote and protect the global environment to attaisustainable development "hile recogni$ing the primary responsibilitof local government units to deal "ith environmental problems#

The State recogni$es that the responsibility of cleaning the habita

and environment is primarily area-based#The State also recogni$es the principle that %polluters must pay%#

&inally' the State recogni$es that a clean and healthy environment for the good of all and should' therefore' be the concern of all#

+ection 3. &ecl/r/tion of Policies.- The State shall pursue policy of balancing development and environmental protection# T


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achieve this end' the frame "or! for sustainable development shall bpursued# (t shall be the policy of the State to:

)a* &ormulate a holistic national program of air pollutiomanagement that shall be implemented by the governmenthrough proper delegation and effective coordination of function

and activities+)b* ,ncourage cooperation and self-regulation among citi$ens anindustries through the application of mar!et-based instruments+

)c* &ocus primarily on pollution prevention rather than on controand provide for a comprehensive management program for apollution+

)d* Promote public information and education and to encouragthe participation of an informed and active public in air ualitplanning and monitoring+ and

)e* &ormulate and enforce a system of accountability for shoand long-term adverse environmental impact of a pro.ecprogram or activity# This shall include the setting up of a fundinor guarantee mechanism for clean-up and environmenta

rehabilitation and compensation for personal damages#+ection 4. Recognition of Rights.- Pursuant to the abovedeclared principles' the follo"ing rights of citi$ens are hereby soughto be recogni$ed and the State shall see! to guarantee theen.oyment:

)a* The right to breathe clean air+

)b* The right to utili$e and en.oy all natural resources accordinto the principles of sustainable development+

)c* The right to participate in the formulation' planningimplementation and monitoring of environmental policies anprograms and in the decision-ma!ing process+

)d* The right to participate in the decision-ma!ing procesconcerning development policies' plans and programs pro.ects o


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activities that may have adverse impact on the environment anpublic health+

)e* The right to be informed of the nature and e/tent of thpotential ha$ard of any activity' underta!ing or pro.ect and to bserved timely notice of any significant rise in the level of pollutio

and the accidental or deliberate release into the atmosphere oharmful or ha$ardous substances+

)f* The right of access to public records "hich a citi$en may neeto e/ercise his or her rights effectively under this ct+

)g* The right to bring action in court or uasi-.udicial bodies ten.oin all activities in violation of environmental la"s anregulations' to compel the rehabilitation and cleanup of affectearea' and to see! the imposition of penal sanctions againsviolators of environmental la"s+ and

)h* The right to bring action in court for compensation opersonal damages resulting from the adverse environmental anpublic health impact of a pro.ect or activity#

Article "o

&efinition of "er5s+ection 6. &efinitions. s used in this ct:

a* %ir pollutant% means any matter found in the atmospherother than o/ygen' nitrogen' "ater vapor' carbon dio/ide' anthe inert gases in their natural or normal concentrations' that detrimental to health or the environment' "hich includes but no

limited to smo!e' dust' soot' cinders' fly ash' solid particles oany !ind' gases' fumes' chemical mists' steam and radio-activsubstances+

b* %ir pollution% means any alteration of the physical' chemicaand biological properties of the atmospheric air' or any dischargthereto of any liuid' gaseous or solid substances that "ill or li!ely to create or to render the air resources of the countr


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harmful' detrimental' or in.urious to public health' safety o"elfare or "hich "ill adversely affect their utili$ation fodomestic' commercial' industrial' agricultural' recreational' oother legitimate purposes+

c* %mbient air uality guideline values% mean the concentratio

of air over specified periods classified as short-term and longterm "hich are intended to serve as goals or ob.ectives for thprotection of health and0or public "elfare# These values shall bused for air uality management purposes such as determinintime trends' evaluating stages of deterioration or enhancement othe air uality' and in general' used as basis for ta!ing positivaction in preventing' controlling' or abating air pollution+

d* %mbient air uality% means the general amount of pollutiopresent in a broad area+ and refers to the atmosphere1s averagpurity as distinguished from discharge measurements ta!en athe source of pollution+

e* %Certificate of Conformity% means a certificate issued by th2epartment of ,nvironment and 3atural Resources to a vehiclmanufacturer0assembler or importer certifying that a particulane" vehicle or vehicle type meets the reuirements provideunder this ct and its rules and regulations+

f* %2epartment% means the 2epartment of ,nvironment an3atural Resources+

g* %,co-profile% means the geographic-based instrument foplanners and decision-ma!ers "hich present an evaluation of th

environmental uality and carrying capacity of an area# (t is thresult of the integration of primary and secondary data aninformation on natural resources and anthropogenic activities othe land "hich are evaluated by various environmental risassessment and forecasting methodologies that enable th2epartment to anticipate the type of development contronecessary in the planning area+


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h* %,mission% means any air contaminant' pollutant' gas streamor un"anted sound from a !no"n source "hich is passed into thatmosphere+

i* %4reenhouse gases% mean those gases that can potentially ocan reasonably be e/pected to induce global "arming' "hic

include carbon dio/ide' methane' o/ides of nitrogenchlorofluorocarbons' and the li!e+

.* %Ha$ardous substances% mean those substances "hich preseneither: )5* short-term acute ha$ards such as acute to/icity bingestion' inhalation' or s!in absorption' corrosivity or other s!ior eye contact ha$ard or the ris! of fire e/plosion+ or )6longterm to/icity upon repeated e/posure' carcinogenicity )"hic

in some cases result in acute e/posure but "ith a long latenperiod*' resistance to deto/ification process such abiodegradation' the potential to pollute underground or surfac"aters+

!* %(nfectious "aste% means that portion of medical "aste thacould transmit an infectious disease+

l* %Medical "aste% means the materials generated as a result opatient diagnosis' treatment' or immuni$ation of human beings oanimals+

m* %Mobile source% means any vehicle propelled by or througcombustion of carbon-based or other fuel' constructed anoperated principally for the conveyance of persons or thtransportation of property goods+

n* %Motor vehicle% means any vehicle propelled by a gasoline odiesel engine or by any means other than human or animapo"er' constructed and operated principally for the conveyancof persons or the transportation of property or goods in a publhigh"ay or street open to public use+

o* %Municipal "aste% means the "aste materials generated from

communities "ithin a specific locality+


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p* %3e" vehicle% means a vehicle constructed entirely from ne"parts that has never been sold or registered "ith the 27TC o"ith the appropriate agency or authority' and operated on thhigh"ays of the Philippines' any foreign state or country+

* %7ctane Rating or the nti-8noc! (nde/)8(*% means th

rating of the anti-!noc! characteristics of a grade or type oautomotive gasoline as determined by dividing by t"o )6* thsum of the Research 7ctane 3umber )R73*' plus the Moto7ctane 3umber )M73*+ the octane reuirement' "ith respect tautomotive gasoline for use in a motor vehicle or a class thereo"hether imported' manufactured' or assembled by manufacturer' shall refer to the minimum octane rating of suc

automotive gasoline "hich such manufacturer recommends fothe efficient operation of such motor vehicle' or a substantiaportion of such class' "ithout !noc!ing+

r* %7$one 2epleting Substances)72S*% means those substancethat significantly deplete or other"ise modify the o$one layer in manner that is li!ely to result in adverse effects of human healtand the environment such as' but not limited to

chloroflourocarbons' halons and the li!e+

s* %Persistent 7rganic Pollutants)P7Ps*% means the organcompounds that persist in the environment' bioaccumulatthrough the food "eb' and pose a ris! of causing adverse effectto human health and the environment# These compounds resisphotolytic' chemical and biological degradation' "hich shainclude but not be limited to dio/in' furan' PolychlorinateBiphenyls )PCBs*' organochlorine pesticides' such as aldrindieldrin' 22T' he/achloroben$ene' lindane' to/aphere anchlordane+

t* %Poisonous and to/ic fumes% means any emissions and fume"hich are beyond internationally - accepted standards' includin


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but not limited to the 9orld Health 7rgani$ation )9H7* guidelinvalues+

u* %Pollution control device% means any device or apparatus useto prevent' control or abate the pollution of air caused bemissions from identified pollution sources at levels "ithin the a

pollution control standards established by the 2epartment+v* %Pollution control technology% means the pollution controdevices' production process' fuel combustion processes or othemeans that effectively prevent or reduce emissions or effluent+

"* %Standard of performance% means a standard for emissions oair pollutant "hich reflects the degree of emission limitatioachievable through the application of the best system of emissioreduction' ta!ing into account the cost of achieving sucreduction and any non-air uality health and environmentaimpact and energy reuirement "hich the 2epartmendetermines' and adeuately demonstrates+ and

/* %Stationary source% means any building or immobile structurefacility or installation "hich emits or may emit any air pollutant#

Ch/pter 2Air 1u/lit )/n/ge5ent +ste5

Article #ne'ener/l Provisions

+ection .Air 1u/lit2 )onitoring /n %nfor5/tion Net4or:The 2epartment shall prepare an annual 3ational ir uality Statu

Report "hich shall be used as the basis in formulating the (ntegrateir uality (mprovement &rame"or!' as provided for in Sec# ;# Thsaid report shall include' but shall not be limited to the follo"ing:

a* ,/tent of pollution in the country' per type of pollutant and petype of source' based on reports of the 2epartment


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b* nalysis and evaluation of the current state' trends anpro.ections of air pollution at the various levels provided herein+

c* (dentification of critical areas' activities' or pro.ects "hich "need closer monitoring or regulation+

d* Recommendations for necessary e/ecutive and legislativ

action+ and

e* 7ther pertinent ualitative and uantitative informatioconcerning the e/tent of air pollution and the air ualitperformance rating of industries in the country#

The 2epartment' in cooperation "ith the 3ational StatisticaCoordination Board )3SCB*' shall design and develop an informatio

net"or! for data storage' retrieval and e/change#The 2epartment shall serve as the central depository of all data aninformation related to air uality#

+ection 7. %ntegr/te Air 1u/lit2 %5prove5ent (r/5e4or:.The 2epartment shall "ithin si/ )=* months after the effectivity of thct' establish' "ith the participation of >4?s' 347s' P7s' thacademe and other concerned entities from the private sectoformulate and implement the (ntegrated ir uality (mprovemen&rame"or! for a comprehensive air pollution management ancontrol program# The frame"or! shall' among others' prescribe themission reduction goals using permissible standards' controstrategies and control measures to underta!en "ithin a specified timperiod' including cost-effective use of economic incentivesmanagement strategies' collective actions' and environmenta

education and information#

The (ntegrated ir uality (mprovement &rame"or! shall be adopteas the official blueprint "ith "hich all government agencies muscomply "ith to attain and maintain ambient air uality standards#

+ection 8.Air 1u/lit2 Control Action Pl/n.- 9ithin si/ )=months after the formulation of the frame"or!' the 2epartment shal


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"ith public participation' formulate and implement an air ualitcontrol action plan consistent "ith Sec# ; of this ct# The action plashall:

a* (nclude enforceable emission limitations and other contromeasures' means or techniues' as "ell as schedules and tim

tables for compliance' as may be necessary or appropriate tmeet the applicable reuirements of this ct+

b* Provide for the establishment and operation of appropriatdevices' methods' systems and procedures necessary to monitocompile and analy$e data on ambient air uality+

c* (nclude a program to provide for the follo"ing: )5enforcement of the measures described in subparagraph @aA+ )6regulation of the modification and construction of any stationarsource "ithin the areas covered by the plan' in accordance "itland use policy to ensure that ambient air uality standards arachieved+

d* Contain adeuate provisions' consistent "ith the provisions othis ct' prohibiting any source or other types of emission

activity "ithin the country from emitting any air pollutant iamounts "hich "ill significantly contribute to the non-attainmenor "ill interfere "ith the maintenance by the 2epartment of ansuch ambient air uality standard reuired to be included in thimplementation plan to prevent significant deterioration of auality or to protect visibility+

e* (nclude control strategies and control measures to b

underta!en "ithin a specified time period' including cost effectivuse of economic incentives' management strategies' collectioaction and environmental education and information+

f* 2esignate airsheds+ and

g* ll other measures necessary for the effective control anabatement of air pollution#


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The adoption of the plan shall clarify the legal effects on the financiamanpo"er and budgetary resources of the affected governmenagencies' and on the alignment of their programs "ith the plans#

(n addition to direct regulations' the plan shall be characteri$ed by participatory approach to the pollution problem# The involvement o

private entities in the monitoring and testing of emissions from mobiland0or stationary sources shall be considered#

>i!e"ise' the >4?


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&or a more effective air uality management' a system of planninand coordination shall be established and a common action plan shabe formulated for each airshed#

To effectively carry out the formulated action plans' a 4overninBoard is hereby created' hereinafter referred to as the Board#

The Board shall be headed by the Secretary of the 2epartment o,nvironment and 3atural Resources as chairman# The members shabe as follo"s:

a* Provincial 4overnors from areas belonging to the airshed+

b* City0Municipal Mayors from areas belonging to the airshed+

c* representative from each concerned government agency+

d* Representatives from people


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2epartment shall prepare and implement a program that "ill prohibne" sources of e/ceeded air pollutant "ithout a correspondinreduction in e/isting resources#

(n coordination "ith other appropriate government agencies' th>4?s shall prepare and implement a program and other measure

including relocation' "henever necessary' to protect the health an"elfare of residents in the area#

&or those designated as nonattainment areas' the 2epartment' afteconsultation "ith local government authorities' nongovernmenorgani$ations )347s*' people


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The issuance of air uality guideline values' standards aninformation on air uality control techniues shall be made availablto the general public: Provided'That the issuance of information oair uality control techniues shall not be construed as reuiring thpurchase of certain pollution control devices by the public#

+ection !2.A5bient Air 1u/lit2 'uieline $/lues /n+t/n/rs.- The 2epartment' in coordination "ith other concerneagencies' shall revie" and or revise and publish annually a list oha$ardous air pollutants "ith corresponding ambient guideline valueand0or standard necessary to protect health and safety' and genera"elfare# The initial list and values of the ha$ardous air pollutants shabe as follo"s:

)a* &or 3ational mbient ir uality 4uideline for CriteriPollutants:

Short Term a >ong Term b

Pollutants

Dg03cm ppm veraging

Time

Dg03cm

ppm

veraging

Time

Suspended Particulate

Matterc

-TSP 6EFd 6Ghours

F ---- 5 yeare

-PM-5F 5Ff 6Ghours =F ---- 5 yeare

Sulfur2io/idec

5F F#F; 6Ghours

F F#FE

5 year

3itrogen 5F F#F 6G ---- ---- ----


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2io/ide hours

Photochemical 7/idants

5GF F#F; 5 hour ---- ---- ----

s 7$one =F F#FE hours ---- ---- ----

CarbonMono/ide

Emg03cm

EF 5 hour ---- ---- ----

5Fmg03cm

hours ---- ---- ----

>eadg 5# ---- Emonthsg

5#F ---- 5 year

a Ma/imum limits represented by ninety-eight percenti)I* values not to be e/ceed more than once a year#

b rithmetic meanc S76 and Suspended Particulate matter are sampleonce every si/ days "hen using the manual methods# minimum of t"elve sampling days per uarter of fortyeight sampling days each year is reuired for thesmethods# 2aily sampling may be done in the future onccontinuous analy$ers are procured and becom

available#

d >imits for Total Suspended Particulate Matter "itmass median diameter less than 6-F um#

e nnual 4eometric Mean

f Provisional limits for Suspended Particulate Matter "itmass median diameter less than 5F microns and belo"


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until sufficient monitoring data are gathered to base proper guideline#

g ,valuation of this guideline is carried out for 6G-houaveraging time and averaged over three movincalendar months# The monitored average value for an

three months shall not e/ceed the guideline value#)b* &or 3ational mbient ir uality Standards for Source Specifir Pollutants from (ndustrial Sources07perations:

Pollutants5

Concentration6

veragingtime

)min#*

Method ofnalysis0MeasurementE

D03cm

ppm

5#mmonia

6FF F#6 EF 3esseleri$ation0(ndo Phenol

6# Carbon2isulfide

EF F#F5 EF Tischer Method

E#Chlorine

andChlorineCompoundse/pressedas Cl6

5FF F#FE Methyl 7range


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G#&ormaldehyde

F F#FG EF Chromotropicacid Method orMBTHColorimetricMethod

#HydrogenChloride

6FF5FF

F#5E EF Jolhard Titration"ith (odineSolution

=#

HydrogenSulfide

F#F; EF Methylene Blue

;# >ead 6F EF Sc

#3itrogen

2io/ide

E;'6=F

F#6F'F#5G

EF'=F 4reiss- Salt$man

# Phenol 5FF F#FE EF G-minoantiphyrine

5F# Sulfur2io/ide

G;F'EGF

F#5'F#5E

EF'=F Colorimetric-Pararosaniline

55#SuspendedParticulate Matter-

EFF ---- =F 4ravimetric


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TSP

5 Pertinent ambient standards for ntimony' rsenicCadmium' sbestos' 3itric cid and Sulfuric cid Mists ithe 5; 3PCC Rules and Regulations may b

considered as guides in determining compliance#

6 3inety-eight percentile )I* values of EF-minutsampling measured at 6FC and one atmospherpressure#

E 7ther euivalent methods approved by th2epartment may be used#

The basis in setting up the ambient air uality guideline values anstandards shall reflect' among others' the latest scientific !no"ledgincluding information on:

a* Jariable' including atmospheric conditions' "hich othemselves or in combination "ith other factors may alter theffects on public health or "elfare of such air pollutant+

b* The other types of air pollutants "hich may interact "ith sucpollutant to produce an adverse effect on public health o"elfare+ and

c* The !ind and e/tent of all identifiable effects on public healtor "elfare "hich may be e/pected from presence of sucpollutant in the ambient air' in varying uantities#

The 2epartment shall base such ambient air uality standards o

9orld Health 7rgani$ation )9H7* standards' but shall not be limiteto nor be less stringent than such standards#

+ection !3. E5ission Ch/rge +2ste5.- The 2epartment' in casof industrial dischargers' and the 2epartment of Transportation anCommunication )27TC*' in case of motor vehicle dischargers' shalbased on environmental techniues' design' impose on and collecregular emission fees from said dischargers as part of the emissio


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permitting system or vehicle registration rene"al system' as the casmay be# The system shall encourage the industries and motovehicles to abate' reduce' or prevent pollution# The basis of the feeinclude' but is not limited to' the volume and to/icity of any emittepollutant# (ndustries' "hich shall install pollution control devices o

retrofit their e/isting facilities "ith mechanisms that reduce pollutioshall be entitled to ta/ incentives such as but not limited total creditand0or accelerated depreciation deductions#

+ection !4.Air 1u/lit2 )/n/ge5ent (un.- n ir ualitManagement &und to be administered by the 2epartment as a speciaaccount in the 3ational Treasury is hereby established to financcontainment' removal' and clean-up operations of the 4overnment i

air pollution cases' guarantee restoration of ecosystems anrehabilitate areas affected by the acts of violators of this ct' tsupport research' enforcement and monitoring activities ancapabilities of the relevant agencies' as "ell as to provide technicaassistance to the relevant agencies# Such fund may li!e"ise ballocated per airshed for the underta!ings herein stated#

The &und shall be sourced from the fines imposed and damage

a"arded to the Republic of the Philippines by the Pollutiod.udication Board )PB*' proceeds of licenses and permits issued bthe 2epartment under this ct' emission fees and from donationsendo"ments and grants in the forms of contributions# Contributionto the &und shall be e/empted from donor ta/es and all other ta/escharges or fees imposed by the 4overnment#

+ection !6.Air Pollution Rese/rch /n &evelop5enProgr/5.- The 2epartment' in coordination "ith the 2epartment oScience and Technology )27ST*' other agencies' the private sectothe academe' 347


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Such a research and development program shall develop air ualitguideline values and standards in addition to internationally-acceptestandards# (t shall also consider the socio-cultural' political aneconomic implications of air uality management and pollutiocontrol#

Article "oAir Pollution Cle/r/nces /n Per5its for +t/tion/r +ources

+ection !. Per5its.- Consistent "ith the provisions of this cthe 2epartment shall have the authority to issue permits as it madetermine necessary for the prevention and abatement of apollution#

Said permits shall cover emission limitations for the regulated apollutants to help attain and maintain the ambient air ualitstandards# These permits shall serve as management tools for th>4?s in the development of their action plan#

+ection !7. E5ission 1uot/s.- The 2epartment may allo" eacregional industrial center that is designated as special airshed tallocate emission uotas to pollution sources "ithin its .urisdictio

that ualify under an environmental impact assessment systemprogrammatic compliance program pursuant to the implementinrules and regulations of Presidential 2ecree 3o# 5=#

+ection !8. (in/nci/l ,i/bilit2 for Environ5ent/Reh/bilit/tion. - s part of the environmental management plaattached to the environmental compliance certificate pursuant tPresidential 2ecree 3o# 5= and rules and regulations set therefo

the 2epartment shall reuire program and pro.ect proponents to puup financial guarantee mechanisms to finance the needs foemergency response' clean-up rehabilitation of areas that may bdamaged during the program or pro.ectiability for damages shall continue even after the termination of program or pro.ect' "here such damages are clearly attributable tthat program or pro.ect and for a definite period to be determined b


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the 2epartment and incorporated into the environmental complianccertificate#

&inancial liability instruments may be in the form a trust fundenvironmental insurance' surety bonds' letters of credit' as "ell aself-insurance# The choice of the guarantee instruments shall furnis

the 2epartment "ith evidence of availment of such instruments#Article "hree

Pollution fro5 +t/tion/r +ources

+ection !9. Pollution (ro5 +t/tion/r2 +ources.- Th2epartment shall' "ithin t"o )6* years from the effectivity of this cand every t"o )6* years thereafter' revie"' or as the need thereforarises' revise and publish emission standards' to further improve themission standards for stationary sources of air pollution# Sucemission standards shall be based on mass rate of emission for astationary source of air pollution based on internationally acceptestandards' but not be limited to' nor be less stringent than sucstandards and "ith the standards set forth in this section# Thstandards' "hichever is applicable' shall be the limit on thacceptable level of pollutants emitted from a stationary source for thprotection of the publicimits)mg03c

m*

Method ofnalysisa


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5# ntimonyand (tscompounds

ny source 5F as Sb Sb

6# rsenicand itscompounds

ny source 5F as s Sb

E# Cadmiumand itscompounds

ny source 5F as Cd Sb

G# CarbonMono/ide

ny industrialSource

FF asC7

7rsat analysis

# Copperand itsCompounds

ny industrialsource

5FF a/Cu

Sb

=#Hydrofluoriccids and&luoridecompounds

ny source otherthan themanufacture ofluminum fromlumina

F as H& Titration "ithmmoniumThiocyanate

;# HydrogenSulfide

i* 4eothermalPo"er Plantsii* 4eothermal,/ploration and"ell-testingiii* ny source

c#de

; as H6S

CadmiumSulfideMethod

CadmiumSulfide


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other than )i* and)ii*

Method

# >ead ny trade'industry orprocess

5F as Pb Sb

# Mercury ny Source aselemental Hg

Sb0Cold-JaporTechniue orHg naly$er

5F# 3ic!eland itscompounds'e/cept 3ic!elCarbonylf

ny source 6F as 3i Sb

55# 37/ i* Manufacture of3itric cid

6'FFF asacid and37

/and

calculated as376

Phenol-disulfonic acidMethod

ii* &uel burningsteamgenerators,/isting Source3e" SourceK Coal-&ired

5'FF as37

6

5'FFF as37

6



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K 7il-&irediii* ny sourceother than )i* adn)ii*,/isting Source

3e" Source

FF as37

6

5FFF as37

6

FF as37

6


56#Phosphorus

Pento/ideg

ny source 6FF asP

67

Spectrophotometry

5E# Linc anditsCompounds

ny source 5FF asLn

Sb

a 7ther euivalent methods approved by the 2epartmenmay be used#

b tomic bsorption Spectrophometry

c ll ne" geothermal po"er plants starting construction bF5 anuary 5 shall control HsS emissions to not morthan 5Fg04M9-Hr

d ll e/isting geothermal po"er plants shall control Hs

emissions to not more than 6FFg04M9-Hr# "ithin yearfrom the date of efectivity of these revised regulations#

e Best practicable control technology for air emissions anliuid discharges# Compliance "ith air and "ater ualitstandards is reuired#


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f ,mission limit of 3ic!el Carbonyl shall not e/ceed F#mg03cm#

g Provisional 4uideline

Provided' That the ma/imum limits in mg0ncm particulates in saisources shall be:

5#

&uel Burning,uipment

a* ?rban or(ndustrial rea

5Fmg03cm

b* 7ther rea 6FFmg03cm

6#

Cement Plants)8ilns' etc#*

5Fmg03cm

E#

Smelting &urnaces 5Fmg03cm

G#

7ther StationarySourcesa

6FFmg03cm

a 7ther Stationary Sources means a trade' process' industria

plant' or fuel burning euipment other than thermal po"eplants' industrial boilers' cement plants' incinerators ansmelting furnaces#

Provided' &urther' That the ma/imum limits for sulfur o/ides in saisources shall be:

)5* ,/isting Sources


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)i* Manufacture ofSulfuric cid andSulf)on*ation Process

6#Fgm#3cmas S7

E

)ii* &uel burning,uipment

5#gm#3cmas S7

6

)iii* 7ther StationarySourcesa

5#Fgm#3cmas S7

E

)6* 3e" Sources

)i* Manufacture ofSulfuric cid andSulf)on*ation Process

5# gm#3cmas S7

E

)ii* &uel Burning,uipment

F#; gm#3cmas S7

6

)iii* 7ther StationarySourcesa

F#6 gm#3cmas S7

E

a 7ther Stationary Sources refer to e/isting and ne"stationary sources other than those caused by thmanufacture of sulfuric acid and sulfonation process' fueburning euipment and incineration#


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&or stationary sources of pollution not specifically included in thimmediately preceding paragraph' the follo"ing emission standardshall not be e/ceeded in the e/haust gas:

(# 2aily nd Half Hourly verage Jalues

2ailyverageJalues

HalfHourlyverageJalues

Total dust 5Fmg0mE

EFmg0mE

4aseous and vaporousorganic substances'e/pressed as total organiccarbonHydrogen chloride )HCl*Hydrogen fluoride )H&*Sulfur dio/ide )S76*

5Fmg0mE5Fmg0mE5mg0mEFmg0mE

6Fmg0mE=Fmg0mEGmg0mE6FFmg0mE

3itrogen mono/ide )37* and3itrogendio/ide )376*' e/pressed asnitrogendio/ide for incineration plants"ith acapacity e/ceeding E tonnesper hour

6FFmg0mE

GFFmg0mE

3itrogen mono/ide )37* andnitrogen


27/48

dio/ide )376*' e/pressed asnitrogendio/ide for incineration plants"ith acapacity of E tonnes per hour

or less

EFFmg0mE

mmonia 5Fmg0mE

6Fmg0mE

((# ll the verage Jalues 7ver the Sample Period of a Minimumof G and Ma/imum of Hours#

Cadmium and its compounds'e/pressed as cadmium )Cd* total

F#Fmg0mEThallium and its compounds'

e/pressed as thallium )Tl*

Mercury and its Compounds'

e/pressed as mercury )Hg*

F#F

mg0mE

ntimony and its compounds'e/pressed as antimony )Sb*

rsenic and its compounds' e/pressedas arsenic )s*

total F#mg0mE

>ead and its compounds' e/pressedas lead ) Pb*

Chromium and its compounds'e/pressed as chromium )Cr*


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Cobalt and its compounds' e/pressedas cobalt )Co*

Copper and its compounds' e/pressedas copper )Cu*

Manganese and its compounds'e/pressed as manganese )Mn*

3ic!el and its compounds' e/pressedas nic!el )3i*

Janadium and its compounds'e/pressed as vanadium )J*

Tin and its compounds' e/pressed astin )Sn*

These average values cover also gaseous and the vapor forms of th

relevant heavy metal emission as "ell as thecompounds: Provided'That the emission of dio/ins and furans intthe air shall be reduced by the most progressivtechniues: Provided' &urther' That all average of dio/in and furanmeasured over the sample period of a minimum of hours anma/imum of hours must not e/ceed the limit value of F#nanogram0mE#

Pursuant to Sec# of this ct' the 2epartment shall prepare detailed action plan setting the emission standards or standards operformance for any stationary source the procedure for testinemissions for each type of pollutant' and the procedure foenforcement of said standards#

,/isting industries' "hich are proven to e/ceed emission rateestablished by the 2epartment in consultation "ith sta!eholders' afte


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a thorough' credible and transparent measurement process shall ballo"ed a grace period of eighteen )5* months for the establishmenof an environmental management system and the installation of aappropriate air pollution control device : Provided'That an e/tensioof not more than t"elve )56* months may be allo"ed by th

2epartment on meritorious grounds#+ection 2;. 0/n on %nciner/tion.- (ncineration' hereby defined athe burning of municipal' biomedical and ha$ardous "aste' "hicprocess emits poisonous and to/ic fumes is herebprohibited+ Provided' ho"ever' That the prohibition shall not apply ttraditional small-scale method of community0neighborhood sanitatio%siga%' traditional' agricultural' cultural' health' and food preparatio

and crematoria+ Provided' &urther' That e/isting incinerators dealin"ith a biomedical "astes shall be out "ithin three )E* years after theffectivity of this ct+Provided' &inally' that in the interim' such unitshall be limited to the burning of pathological and infectious "astesand sub.ect to close monitoring by the 2epartment#

>ocal government units are hereby mandated to promote' encouragand implement in their respective .urisdiction a comprehensiv

ecological "aste management that includes "aste segregationrecycling and composting#

9ith due concern on the effects of climate change' the 2epartmenshall promote the use of state-of-the-art' environmentally-sound ansafe non-burn technologies for the handling' treatment' thermadestruction' utili$ation' and disposal of sorted' unrecycleduncomposted' biomedical and ha$ardous "astes#

Article (ourPollution fro5 )otor $ehicles

+ection 2!. Pollution fro5 )otor $ehicles.- a* The 27TC shaimplement the emission standards for motor vehicles set pursuant tand as provided in this ct# To further improve the emissiostandards' the 2epartment shall revie"' revise and publish th


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standards every t"o )6* years' or as the need arises# (t shall considethe ma/imum limits for all ma.or pollutants to ensure substantiaimprovement in air uality for the health' safety and "elfare of thgeneral public#

The follo"ing emission standards for type approval of motor vehicle

shall be effective by the year 6FFE:a* &or light duty vehicles' the e/haust emission limits for gaseoupollutants shall be:

,mission >imits for >ight 2uty JehiclesType pproval

)2irective 50GG50,,C*

C7)g0!m*

HC N 37/

)g0!m*

PMa)g0!m*

6#;6 F#;F#5G

a for compression-ignition engines only

b* &or light commercial vehicles' the e/haust emission limit ogaseous pollutants as a function of the given reference masshall be:

,mission >imits for >ight Commercial JehiclesType pproval

)2irective E00,,C*

Reference9eight )R9*)!g*

C7)g0!m*

HC N37/)g0

!m*

PMa )g0!m*

Category5

56FO R9 6#;6 F#; F#5G


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Category6

56FOR9O5;FF

#5; 5#G F#5

CategoryE

R95;FF =# 5#; F#6

a for compression-ignition engines only

c* &or heavy duty vehicles' the e/haust emission limits ogaseous pollutants shall be:

,mission >imits for Heavy 2uty Jehicles

Type pproval

)2irective 50G60,,C*

C7

)g0!09h*

HC

)g0!09h*

37/

)g0!09h*

PM

)g0!09h*

G# 5#5 #F F#E=a

a (n the case of engines of !9 or less' the limit valufor particular emissions in increased by multiplying thuoted limit by a coefficient of 5#;

&uel evaporative emission for spar!-ignition engines shall noe/ceed 6#F grams hydrocarbons per test# >i!e"ise' it shall noallo" any emission of gases from cran!case ventilation system

into the atmosphere#b* The 2epartment' in collaboration "ith the 27TC' 2T( and >4?sshall develop an action plan for the control and management of apollution from motor vehicles consistent "ith the (ntegrated uality &rame"or!# The 27TC shall enforce compliance "ith themission standards for motor vehicles set by the 2epartment# Th


32/48

27TC may deputi$e other la" enforcement agencies and >4?s fothis purpose# To this end' the 27TC shall have the po"er to:

)5* (nspect and monitor the emissions of motor vehicles+

)6* Prohibit or en.oin the use of motor vehicles or a class omotor vehicles in any area or street at specified times+ and

)E* uthori$e private testing emission testing centers dulaccredited by the 2T(#

c* The 27TC' together "ith the 2T( and the 2epartment' shaestablish the procedures for the inspection of motor vehicles and thtesting of their emissions for the purpose of determining thconcentration and0or rate of pollutants discharged by said sources#

d* (n order to ensure the substantial reduction of emissions frommotor vehicles' the 2epartment of Trade and (ndustry )2T(*' togethe"ith the 27TC and the 2epartment shall formulate and implement national motor vehicle inspection and maintenance program that "promote efficient and safe operation of all motor vehicles# (n thregard' the 2T( shall develop and implement standards anprocedures for the certification of training institutions' instructors an

facilities and the licensing of ualified private service centers and thetechnicians as prereuisite for performing the testing' servicing' repaand the reuired ad.ustment to the vehicle emission system# The 2Tshall li!e"ise prescribe regulations reuiring the disclosure oodometer readings and the use of tamper-resistant odometers for amotor vehicles including tamper-resistant fuel management systemfor the effective implementation of the inspection and maintenanc

program#+ection 22. Regul/tion of All )otor $ehicles /n Engines.ny imported ne" or locally-assembled ne" motor vehicle shall nobe registered unless it complies "ith the emission standards sepursuant to this ct' as evidenced by a Certificate of Conformit)C7C* issued by the 2epartment#


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ny imported ne" motor vehicle engine shall not be introduced intcommerce' sold or used unless it complies "ith emission standardset pursuant to this ct#

ny imported used motor vehicle or rebuilt motor vehicle using ne"or used engines' ma.or parts or components shall not be registere

unless it complies "ith the emission standards#(n case of non-compliance' the importer or consignee may be allo"eto modify or rebuild the vehicular engine so it "ill be in complianc"ith applicable emission standards#

3o motor vehicle registration )MJR* shall be issued unless such motovehicle passes the emission testing reuirement promulgated iaccordance "ith this ct# Such testing shall be conducted by th27TC or its authori$ed inspection centers "ithin si/ty )=F* days prioto date of registration#

The 2T( shall promulgate the necessary regulations prescribing thuseful life of vehicles and engines including devices in order to ensurthat such vehicles "ill conform to the emissions "hich they "ercertified to meet# These regulations shall include provisions fo

ensuring the durability of emission devices#+ection 23. +econ7*/n )otor $ehicle Engines.- nimported second-hand motor vehicle engine shall not be introduceinto commerce' sold or used unless it complies "ith emissiostandards set pursuant to this ct#

Article (ivePollution fro5 #ther +ources

+ection 24. Pollution fro5 s5o:ing. - Smo!ing inside a publbuilding or an enclosed public place including public vehicles another means of transport or in any enclosed area outside of oneprivate residence' private place of "or! or any duly designatesmo!ing area is hereby prohibited under this ct# This provision shabe implemented by the >4?s#


34/48

+ection 26. Pollution fro5 other 5obile sources.- Th2epartment' in coordination "ith appropriate agencies' shaformulate and establish the necessary standards for all mobile sourceother than those referred to in Sec# 65 of this ct# The imposition othe appropriate fines and penalties from these sources for an

violation of emission standards shall be under the .urisdiction of th27TC#

Ch/pter 3(uels Aitives +ubst/nces /n Pollut/nts

Article #ne(uels Aitives /n +ubst/nces

+ection 2. (uels /n Aitives.- Pursuant to the ir ualit&rame"or! to be established under Section ; of this ct' th2epartment of ,nergy )27,*' co-chaired by the 2epartment o,nvironment and 3atural Resources )2,3R*' in consultation "ith thBureau of Product Standards )BPS* of the 2T(' the 27ST' threpresentatives of the fuel and automotive industries' academe anthe consumers shall set the specifications for all types of fuel anfuel-related products' to improve fuel composition for increaseefficiency and reduced emissions: Provided' ho"ever' that thspecifications for all types of fuel and fuel-related products set-fortpursuant to this section shall be adopted by the BPS as Philippin3ational Standards )P3S*#

The 27, shall also specify the allo"able content of additives in atypes of fuels and fuel-related products# Such standards shall b

based primarily on threshold levels of health and research studies# 7the basis of such specifications' the 27, shall li!e"ise limit thcontent or begin that phase-out of additives in all types of fuels anfuel-related products as it may deem necessary# 7ther agencieinvolved in the performance of this function shall be reuired tcoordinate "ith the 27, and transfer all documents and informationecessary for the implementation of this provision#


35/48

Consistent "ith the provisions of the preceding paragraphs under thsection' it is declared that:

a* not later than eighteen )5* months after the effectivity of thct' no person shall manufacture' import' sell' supply' offer fosale' dispense' transport or introduce into commerce unleade

premium gasoline fuel "hich has an anti-!noc! inde/ )8(* of noless that ;# and Reid vapor pressure of not more than ps9ithin si/ )=* months after the effectivity of this ct' unleadegasoline fuel shall contain aromatics not to e/ceed forty-fivpercent )GI* by volume and ben$ene not to e/ceed foupercent )GI* by volume+Provided'that by year 6FFE' unleadegasoline fuel should contain aromatics not to e/ceed thirty-fiv

percent )EI* by volume and ben$ene not to e/ceed t"percent )6I* by volume+

b* not later than eighteen )5* months after the effectivity of thct' no person shall manufacture' import' sell' supply' offer fosale' dispense' transport or introduce into commerce automotivdiesel fuel "hich contains a concentration of sulfur in e/cess oF#6FI by "eight "ith a cetane number of inde/ of not less tha

forty-eight )G*: Provided'That by year 6FFG' content of saisulfur shall be F#FI by "eight+ and

c* not later than eighteen )5* months after the effectivity of thct' no Person shall manufacture' import' sell' supply' offer fosale' dispense' transport or introduce into commerce industriadiesel fuel "hich contains a concentration of sulfur in e/cess oF#EFI )by "eight*#

,very t"o )6* years thereafter or as the need arises' thspecifications of unleaded gasoline and of automotive and industriadiesel fuels shall be revie"ed and revised for further improvement iformulation and in accordance "ith the provisions of this ct#

The fuels characteri$ed above shall be commercially available>i!e"ise' the same shall be the reference fuels for emission an


36/48

testing procedures to be established in accordance "ith the provisionof this ct#

ny proposed additive shall not in any "ay increase emissions of anof the regulated gases "hich shall include' but not limited to carbomono/ide' hydrocarbons' and o/ides of nitrogen and particulat

matter' in order to be approved and certified by the 2epartment#+ection 27. Regul/tion of (uels /n (uel Aitives.- The 27,in coordination "ith the 2epartment and the BPS' shall regulate thuse of any fuel or fuel additive# 3o manufacturer' processor or tradeof any fuel or additive may import' sell' offer for sale' or introducinto commerce such fuel for additive unless the same has beeregistered "ith the 27,# Prior to registration' the manufacture

processor or trader shall provide the 27, "ith the follo"ing relevaninformation:

a* Product identity and composition to determine the potentiahealth effects of such fuel additives+

b* 2escription of the analytical techniue that can be used tdetect and measure the additive in any fuel+

c* Recommended range of concentration+ andd* Purpose in the use of the fuel and additive#

+ection 28. )isfueling.- (n order to prevent the disabling of anemission control device by lead contamination' no person shaintroduce or cause or allo" the introduction of leaded gasoline intany motor vehicle euipped "ith a gasoline tan! filler inlet an

labeled %unleaded gasoline only%# This prohibition shall also apply tany person "ho !no"s or should !no" that such vehicle is designesolely for the use of unleaded gasoline#

+ection 29. Prohibition on )/nuf/cture %5port /n +/le ole/e '/soline /n of Engines /n=or Co5ponentRe


37/48

manufacture' import' sell' offer for sale' introduce into commerceconvey or other"ise dispose of' in any manner' leaded gasoline anengines and components reuiring the use of leaded gasoline#

&or e/isting vehicles' the 2T( shall formulate standards anprocedures that "ill allo" non-conforming engines to comply "ith th

use of unleaded fuel "ithin five)* years after the effectivity of thct#

Article "o#ther Pollut/nts

+ection 3;. #>one7&epleting +ubst/nces.- Consistent "ith thterms and conditions of the Montreal Protocol on Substances tha2eplete the 7$one >ayer and other international agreements anprotocols to "hich the Philippines is a signatory' the 2epartment shaphase out o$one-depleting substances#

9ithin si/ty )=F* days after the enactment of this ct' the 2epartmenshall publish a list of substances "hich are !no"n to cause harmfueffects on the stratospheric o$one layer#

+ection 3!. 'reenhouse '/ses.- The Philippine tmospheric

4eophysical and stronomical Servicedministration )P4S* shall regularly monitor meteorologicafactors affecting environmental conditions including o$one depletioand greenhouse gases and coordinate "ith the 2epartment in ordeto effectively guide air pollution monitoring and standard-settinactivities#

The 2epartment' together "ith concerned agencies and locagovernment units' shall prepare and fully implement a national placonsistent "ith the ?nited 3ations &rame"or! Convention on ClimatChange and other international agreements' conventions anprotocols on the reduction of greenhouse gas emissions in thcountry#


38/48

+ection 32. Persistent #rg/nic Pollut/nts.- The 2epartmenshall' "ithin a period of t"o )6* years after the enactment of this cestablish an inventory list of all sources of Persistent 7rganPollutants )P7Ps* in the country# The 2epartment shall develop shortterm and long-term national government programs on the reductio

and elimination of P7Ps such as dio/ins and furans# Such programshall be formulated "ithin a year after the establishment of thinventory list#

+ection 33. R/io/ctive E5issions.- ll pro.ects "hich "involve the use of atomic and0or nuclear energy' and "ill entarelease and emission of radioactive substances into the environmenincident to the establishment or possession of nuclear energy facilitie

and radioactive materials' handling' transport' production' storageand use of radioactive materials' shall be regulated in the interest opublic health and "elfare by the Philippine

3uclear Research (nstitute )P3R(*' in coordination "ith 2epartmenand other appropriate government agencies#

Ch/pter 4%nstitution/l )ech/nis5

+ection 34. ,e/ Agenc2.- The 2epartment' unless other"isprovided herein' shall be the primary government agency responsiblfor the implementation and enforcement of this ct# To be moreffective in this regard' The 2epartment1s ,nvironmental ManagemenBureau ),MB* shall be converted from a staff bureau to a line bureafor a period of no more than t"o )6* years' unless a separate

comprehensive environmental management agency is created#+ection 36. ,in:/ge )ech/nis5.- The 2epartment shall consulparticipate' cooperate and enter into agreement "ith othegovernment agencies' or "ith affected non-governmental )347s* opeople1s organi$ations )P7s*'or private enterprises in the furtherancof the ob.ectives of this ct#


39/48

+ection 3. Role of ,oc/l 'overn5ent -nits.- >ocal 4overnmen?nits )>4?s* shall share the responsibility in the management anmaintenance of air uality "ithin their territorial .urisdictionConsistent "ith Sections ;' and of this ct' >4?s shall implemenair uality standards set by the Board in areas "ithin the

.urisdiction+Provided' ho"ever' That in case "here the board has nobeen duly constituted and has not promulgated its standards' thstandards set forth in this ct shall apply#

The 2epartment shall provide the >4?s "ith technical assistancetrainings and a continuing capability-building program to preparthem to underta!e full administration of the air uality managemenand regulation "ithin their territorial .urisdiction#

+ection 37. Environ5ent/l /n N/tur/l Resources #ffice.There may be established an ,nvironment and 3atural Resource7ffice in every province' city' or municipality "hich shall be headed bthe environment and natural resources officer and shall be appointeby the Chief ,/ecutive of every province' city or municipality iaccordance "ith the provisions of Section GG of Republic ct 3o;5=F# (ts po"ers and duties' among others' are:

a* To prepare comprehensive air uality management programsplans and strategies "ithin the limits set forth in Republic act# 3o;5=F and this ct "hich shall be implemented "ithin its territoria.urisdiction upon the approval of the sanggunian+

b* To provide technical assistance and support to the governor omayor' as the case may be' in carrying out measures to ensur

the delivery of basic services and the provision of adeuatfacilities relative to air uality+

c* To ta!e the lead in all efforts concerning air uality protectioand rehabilitation+

d* To recommend to the Board air uality standards "hich shanot e/ceed the ma/imum permissible standards set by rationala"s+


40/48

e* To coordinate "ith other government agencies and nongovernmental organi$ations in the implementation of measures tprevent and control air pollution+ and

f* ,/ercise such other po"ers and perform such duties anfunctions as may be prescribed by la" o

ordinance: Provided' ho"ever' That iprovinces0cities0municipalities "here there are no environmenand natural resources officers' the local e/ecutive concerned madesignate any of his official and0or chief of office preferably thprovincial' city or municipal agriculturist' or any of hemployee: Provided' &inally' That in case an employee designated as such' he must have sufficient e/perience i

environmental and natural resources management' conservatioand utili$ation#

+ection 38. Recor7:eeping %nspection )onitoring /nEntr2 b2 the &ep/rt5ent.- The 2epartment or its duly accrediteentity shall' after proper consultation and notice' reuire any perso"ho o"ns or operates any emissions source or "ho is sub.ect to anreuirement of this ct to:

)a* establish and maintain relevant records+

)b* ma!e relevant reports+

)c* install' use and maintain monitoring euipment or methods+

)d* sample emission' in accordance "ith the methods' locationsintervals and manner prescribed by the 2epartment+

)e* !eep records on control euipment parameters' productiovariables or other indirect data "hen direct monitoring oemissions is impractical+ and

)f* provide such other information as the 2epartment mareasonably reuire#

Pursuant to this ct' the 2epartment' through its authori$erepresentatives' shall have the right of:


41/48

)a* entry or access to any premises including documents anrelevant materials as referred to in the herein precedinparagraph+

)b* inspect any pollution or "aste source' control devicemonitoring euipment or method reuired+ and

)c* test any emission#

ny record' report or information obtained under this section shall bmade available to the public' e/cept upon a satisfactory sho"ing tthe 2epartment by the entity concerned that the record' report oinformation' or parts thereof' if made public' "ould divulge secremethods or processes entitled to protection as intellectual propertySuch record' report or information shall li!e"ise be incorporated ithe 2epartment1s industrial rating system#

+ection 39. Public Euc/tion /n %nfor5/tion C/5p/ign.- continuing air uality information and education campaign shapromoted by the 2epartment' the 2epartment of ,ducation' Culturand Sports )2,CS*' the 2epartment of the (nterior and >oca4overnment )2(>4*' the 2epartment of griculture )2* and th

Philippine (nformation gency )P(*# Consistent "ith Sec# ; of thct' such campaign shall encourage the participation of othegovernment agencies and the private sector including 347s' P7s' thacademe' environmental groups and other private entities in a multsectoral information campaign#

Ch/pter 6Actions

+ection 4;.A5inistr/tive Action.- 9ithout pre.udice to thright of any affected person to file an administrative action' th2epartment shall' on its o"n instance or upon verified complaint bany person' institute administrative proceedings against any perso"ho violates:

)a* Standards or limitation provided under this ct+ or


42/48

)b* ny order' rule or regulation issued by the 2epartment "itrespect to such standard or limitation#

+ection 4!. Citi>en +uits.- &or purposes of enforcing thprovisions of this ct or its implementing rules and regulations' anciti$en may file an appropriate civil' criminal or administrative actio

in the proper courts against:)a* ny person "ho violates or fails to comply "ith the provisionof this ct or its implementing rules and regulations+ or

)b* The 2epartment or other implementing agencies "ith respecto orders' rules and regulations issued inconsistent "ith this ctand0or

)c* ny public officer "ho "illfully or grossly neglects thperformance of an act specifically en.oined as a duty by this cor its implementing rules and regulations+ or abuses his authoritin the performance of his duty+ or' in any manner' improperperforms his duties under this ct or its implementing rules anregulations: Provided' ho"ever' That no suit can be filed untthirty-day )EF* notice has been ta!en thereon#

The court shall e/empt such action from the payment of filing feese/cept fees for actions not capable of pecuniary estimations' and shali!e"ise' upon prima facie sho"ing of the non-enforcement oviolation complained of' e/empt the plaintiff from the filing of ain.unction bond for the issuance of a preliminary in.unction#

9ithin thirty )EF* days' the court shall ma!e a determination if thcompliant herein is malicious and0or baseless and shall according

dismiss the action and a"ard attorney1s fees and damages#

+ection 42. %nepenence of Action.- The filing of aadministrative suit against such person0entity does not preclude thright of any other person to file any criminal or civil action# Such civaction shall proceed independently#


43/48

+ection 43. +uits /n +tr/tegic ,eg/l Actions Ag/inst PubliP/rticip/tion /n the Enforce5ent of "his Act.- 9here a suit brought against a person "ho filed an action as provided in Sec# G5 othis ct' or against any person' institution or government agency thaimplements this ct' it shall be the duty of the investigatin

prosecutor or the court' as the case may be' to immediately ma!e determination not e/ceeding thirty )EF* days "hether said legal actiohas been filed to harass' ve/' e/ert undue pressure or stifle such legarecourses of the person complaining of or enforcing the provisions othis ct# ?pon determination thereof' evidence "arranting the samethe court shall dismiss the case and a"ard attorney1s fees and doubdamages#

This provision shall also apply and benefit public officers "ho arsued for acts committed in their official capacity' their being no gravabuse of authority' and done in the course of enforcing this ct#

+ection 44. ,ien -pon Person/l /n %55ov/ble Properties o$iol/tors.- &ines and penalties imposed pursuant to this ct shall bliens upon personal or immovable properties of the violator# Such lieshall' in case of insolvency of the respondent violator' en.o

preference to laborer1s "ages under rticles 66G5 and 66G6 oRepublic ct 3o# E=' other"ise !no"n as the 3e" Civil Code of thPhilippines#

Ch/pter (ines /n Pen/lties

+ection 46. $iol/tion of +t/n/rs for +t/tion/r2 +ources.

&or actual e/ceedance of any pollution or air uality standards undethis ct or its rules and regulations' the 2epartment' through thPollution d.udication Board )PB*' shall impose a fine of not morthan 7ne hundred thousand pesos )P5FF'FFF#FF* for every day oviolation against the o"ner or operator of a stationary source untsuch time that the standards have been complied "ith#


44/48

&or purposes of the application of the fines' the PB shall prepare fine rating system to ad.ust the ma/imum fine based on the violatorability to pay' degree of "illfulness' degree of negligence' history onon-compliance and degree of recalcitrance: Provided'That in case onegligence' the first time offender1s ability to pay may li!e"ise b

considered by the Pollution d.udication Board: Provided' &urtheThat in the absence of any e/tenuating or aggravating circumstancesthe amount of fine for negligence shall be euivalent to one-half othe fine for "illful violation#

The fines herein prescribed shall be increased by at least ten percen)5FI*' every three )E* years to compensate for inflation and tmaintain the deterrent function of such fines#

(n addition to the fines' the PB shall order closure' suspension odevelopment' construction' or operations of the stationary sourceuntil such time that proper environmental safeguards are put iplace: Provided'That an establishment liable for a third offense shasuffer permanent closure immediately# This paragraph shall b"ithout pre.udice to the immediate issuance of an e/ parte order fosuch closure' suspension of development or construction' or cessatio

of operations during the pendency of the case upon prima facievidence that their is imminent threat to life' public health' safety ogeneral "elfare' or to plant or animal life' or "henever there is ae/ceedance of the emission standards set by the 2epartment and0othe Board and0or the appropriate >4?#

+ection 4. $iol/tion of +t/n/rs for )otor $ehicles.- 3motor vehicle shall be registered "ith the 27TC unless it meets themission standards set by the 2epartment as provided in Sec# 6hereof#

ny vehicle suspected of violation of emission standards througvisual signs' such as' but not limited to smo!e-belching' shall bsub.ected to an emission test by a duly authori$ed emission testincenter# &or this purpose' the 27TC or its authori$ed testing cente


45/48

shall establish a roadside inspection system# Should it be sho"n thathere "as no violation of emission standards' the vehicle shall bimmediately released# 7ther"ise' a testing result indicating ae/ceedance of the emission standards "ould "arrant the continuincustody of the impounded vehicle unless the appropriate penalties ar

fully paid' and the license plate is surrendered to the 27TC pendinthe fulfillment of the underta!ing by the o"ner0operator of the motovehicle to ma!e the necessary repairs so as to comply "ith thstandards# pass shall herein be issued by the 27TC to authori$e thuse of the motor vehicle "ithin a specified period that shall noe/ceed seven );* days for the sole purpose of ma!ing the necessarrepairs on the said vehicle# The o"ner0operator of the vehicle shall b

reuired to correct its defects and sho" proof of compliance to thappropriate pollution control office before the vehicle can be allo"eto be driven on any public or subdivision roads#

(n addition' the driver and operator of the apprehended vehicle shaundergo a seminar on pollution control management conducted bthe 27TC and shall also suffer the follo"ing penalties:

a* &irst 7ffense - a fine not to e/ceed T"o Thousand Peso

)P6'FFF#FF*+

b* Second 7ffense - a fine not less than T"o Thousand Peso)P6'FFF#FF* and not to e/ceed &our Thousand Pesos )PG'FFF#FF*and

c* Third offense - one )5* year suspension of the Motor JehiclRegistration )MJR* and a fine of not less than &our Thousan

Pesos )PG'FFF#FF* and not more than Si/ thousand peso)P='FFF#FF*#

ny violation of the provisions of Sec# 65 paragraph )d* "ith regard tnational inspection and maintenance program' including technicianand facility compliance shall penali$ed "ith a fine of not less thaThirty Thousand Pesos )PEF'FFF#FF* or cancellation of license of botthe technician and the center' or both' as determined by the 2T(#


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ll la" enforcement officials and deputi$ed agents accredited tconduct vehicle emissions testing and apprehensions shall undergo mandatory training on emission standards and regulations# &or thpurpose' the 2epartment' together "ith the 27TC' 2T(' 27STPhilippine 3ational Police )P3P* and other concerned agencies an

private entities shall design a training program#+ection 47. (ines /n Pen/lties for $iol/tions of #theProvisions in the Act.- &or violations of all other provisionprovided in this ct and of the rules and regulations thereof' a fine onot less than Ten thousand pesos )P5F'FFF* but not more than 7nHundred thousand Pesos )P5FF'FFF* or si/ )=* months to si/ )=* yearimprisonment or both shall be imposed# (f the offender is a .uridica

person' the president' manager' directors' trustees' the pollutiocontrol officer or the officials directly in charge of the operations shasuffer the penalty herein provided#

+ection 48. 'ross $iol/tions.- (n case of gross violation of thct or its implementing rules and regulations' the PB sharecommend to the proper government agencies to file the appropriatcriminal charges against the violators# The PB shall assist the publ

prosecutor in the litigation of the case# 4ross violation shall mean:

)a* three )E* or more specific offenses "ithin a period of one )5year+

)b* three )E* or more specific offenses "ith three )E* consecutivyears+

)c* blatant disregard of the orders of the PB' such s but no

limited to the brea!ing of seal' padloc!s and other similadevices' or operation despite the e/istence of an order foclosure' discontinuance or cessation of operation+ and

)d* irreparable or grave damage to the environment as conseuence of any violation of the provisions of this ct#

7ffenders shall be punished "ith imprisonment of not less than si

)=* years but not more than ten )5F* years at the discretion of th


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court# (f the offender is a .uridical person' the president' managedirectors' trustees' the pollution control officer or the officials directin charge of the operations shall suffer the penalty herein provided#

Ch/pter 7(in/l Provisions

+ection 49. Potenti/l ,oss or +hifts of E5plo25ent.- ThSecretary of >abor is hereby authori$ed to establish a compensationretraining and relocation program to assist "or!ers laid off due to company1s compliance "ith the provisions of this ct#

+ection 6;.Appropri/tions.- n amount of Seven Hundred &iftMillion Pesos )P;F'FFF'FFF#FF* shall be appropriated for the initiaimplementation of this ct' of "hich' the amount of Three HundreMillion Pesos )PEFF'FFF'FFF#FF* shall be appropriated to th2epartment+ T"o Hundred Million Pesos )P6FF'FFF'FFF#FF* to th2T(+ 7ne Hundred &ifty Million Pesos )P5F'FFF'FFF#FF* to the 27TCand 7ne Hundred Million Pesos )P5FF'FFF'FFF#FF* to the 27,#

Thereafter' the amount necessary to effectively carry out thprovisions of this ct shall be included in the 4eneral ppropriation

ct#+ection 6!. %5ple5enting Rules /n Regul/tions.- Th2epartment' in coordination "ith the Committees on ,nvironment an,cology of the Senate and House of Representatives' respectively another agencies' shall promulgate the implementing rules anregulations for this ct' "ithin one )5* year after the enactment othis ct:Provided'That rules and regulations issued by othe

government agencies and instrumentalities for the prevention and0oabatement of pollution not inconsistent "ith this ct shall supplementhe rules and regulations issued by the 2epartment pursuant to thprovisions of this ct#

+ection 62. Report to Congress.- The 2epartment shall report tCongress' not later than March EF of every year follo"ing thapproval of this ct' the progress of the pollution control efforts an


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ma!e the necessary recommendations in areas "here there is neefor legislative action#

+ection 63. Joint Congression/l #versight Co55ittee.- Theris hereby created a .oint congressional oversight committee tmonitor the implementation of this ct# The committee shall b

composed of five )* senators and five )* representatives to bappointed by the Senate President and the Spea!er of the House oRepresentatives' respectively' the oversight committee shall be cochaired by a senator and a representative designated by the SenatPresident and the Spea!er of the House of Representativesrespectively#

The mandate given to the .oint congressional oversight committe

under this ct shall be "ithout pre.udice to the performance of thduties and functions by the respective e/isting oversight committeeof the Senate and the House of Representatives#

+ection 64. +ep/r/bilit2 of Provisions.- (f any provision of thct or the application of such provision to any person ocircumstances is declared unconstitutional' the remainder of the cor the application of such provision to other person or circumstanceshall not be affected by such declaration#

+ection 66. Repe/ling Cl/use. - Presidential 2ecree 3o# 555 hereby repealed# Presidential 2ecrees 3os# 556' 5= anPresidential 2ecree 3o# G are partly modified# ll other la"sorders' issuance' rules and regulations inconsistent here"ith arhereby repealed or modified accordingly#

+ection 6. Effectivit2.- This ct shall ta!e effect fifteen )5* dayfrom the date of its publication in the 7fficial 4a$etteor in at least"o )6* ne"spapers of general circulation#

d 23 999

g. ra 8749 an act providing for a comprehensive air pollution control policy and for other purposes

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