clean air act ra8749

8/10/2019 Clean Air Act RA8749

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Republic Act No. 8749 June 23, 1999

AN ACT PROVIDIN !OR A CO"PR#$#N%IV# AIR PO&&'TION CONTRO& PO&IC(AND !OR OT$#R P'RPO%#%

Be it enacted by the Senate and House of Representatives of the Philippines in

Congress assembled::

C)*pte+ 1ene+*l P+oi-ion-

A+ticle One*-ic Ai+ /u*lit0 Policie-

%ection 1. Short Title.- This Act shall be known as the Philippine Clean Air Act of1999.

%ection 2. Declaration of Principles.- The State shall protect and advance the right

of the people to a balanced and healthful ecology in accord with the rhythm andharmony of nature.

The State shall promote and protect the global environment to attain sustainabledevelopment while recognizing the primary responsibility of local government units todeal with environmental problems.

The State recognizes that the responsibility of cleaning the habitat and environment isprimarily area-based.

The State also recognizes the principle that "polluters must pay".

inally! the State recognizes that a clean and healthy environment is for the good of alland should! therefore! be the concern of all.

%ection 3. Declaration of Policies. - The State shall pursue a policy of balancingdevelopment and environmental protection. To achieve this end! the frame work forsustainable development shall be pursued. t shall be the policy of the State to:

#a$ ormulate a holistic national program of air pollution management that shallbe implemented by the government through proper delegation and e%ectivecoordination of functions and activities&

#b$ 'ncourage cooperation and self-regulation among citizens and industriesthrough the application of market-based instruments&

#c$ ocus primarily on pollution prevention rather than on control and provide fora comprehensive management program for air pollution&

#d$ (romote public information and education and to encourage the participationof an informed and active public in air )uality planning and monitoring& and


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#e$ ormulate and enforce a system of accountability for short and long-termadverse environmental impact of a pro*ect! program or activity. This shall includethe setting up of a funding or guarantee mechanism for clean-up andenvironmental rehabilitation and compensation for personal damages.

%ection 4. Recognition of Rights.- (ursuant to the above-declared principles! the

following rights of citizens are hereby sought to be recognized and the State shall seekto guarantee their en*oyment:

#a$ The right to breathe clean air&

#b$ The right to utilize and en*oy all natural resources according to the principlesof sustainable development&

#c$ The right to participate in the formulation! planning! implementation andmonitoring of environmental policies and programs and in the decision-makingprocess&

#d$ The right to participate in the decision-making process concerningdevelopment policies! plans and programs pro*ects or activities that may haveadverse impact on the environment and public health&

#e$ The right to be informed of the nature and e+tent of the potential hazard ofany activity! undertaking or pro*ect and to be served timely notice of anysigni,cant rise in the level of pollution and the accidental or deliberate releaseinto the atmosphere of harmful or hazardous substances&

#f$ The right of access to public records which a citizen may need to e+ercise hisor her rights e%ectively under this Act&

#g$ The right to bring action in court or )uasi-*udicial bodies to en*oin all activitiesin violation of environmental laws and regulations! to compel the rehabilitationand cleanup of a%ected area! and to seek the imposition of penal sanctionsagainst violators of environmental laws& and

#h$ The right to bring action in court for compensation of personal damagesresulting from the adverse environmental and public health impact of a pro*ect oractivity.

A+ticle ToDenition o Te+5-

%ection 6. Denitions. As used in this Act:

a$ "Air pollutant" means any matter found in the atmosphere other than o+ygen!nitrogen! water vapor! carbon dio+ide! and the inert gases in their natural ornormal concentrations! that is detrimental to health or the environment! whichincludes but not limited to smoke! dust! soot! cinders! y ash! solid particles ofany kind! gases! fumes! chemical mists! steam and radio-active substances&


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b$ "Air pollution" means any alteration of the physical! chemical and biologicalproperties of the atmospheric air! or any discharge thereto of any li)uid! gaseousor solid substances that will or is likely to create or to render the air resources ofthe country harmful! detrimental! or in*urious to public health! safety or welfareor which will adversely a%ect their utilization for domestic! commercial!industrial! agricultural! recreational! or other legitimate purposes&

c$ "Ambient air quality guideline values" mean the concentration of air overspeci,ed periods classi,ed as short-term and long-term which are intended toserve as goals or ob*ectives for the protection of health andor public welfare.

These values shall be used for air )uality management purposes such asdetermining time trends! evaluating stages of deterioration or enhancement ofthe air )uality! and in general! used as basis for taking positive action inpreventing! controlling! or abating air pollution&

d$ "Ambient air quality" means the general amount of pollution present in abroad area& and refers to the atmosphere/s average purity as distinguished fromdischarge measurements taken at the source of pollution&

e$ "Certicate of Conformity" means a certi,cate issued by the 0epartment of'nvironment and 1atural 2esources to a vehicle manufacturerassembler orimporter certifying that a particular new vehicle or vehicle type meets there)uirements provided under this Act and its rules and regulations&

f$ "epartment" means the 0epartment of 'nvironment and 1atural 2esources&

g$ "!co"prole" means the geographic-based instrument for planners anddecision-makers which present an evaluation of the environmental )uality andcarrying capacity of an area. t is the result of the integration of primary andsecondary data and information on natural resources and anthropogenic

activities on the land which are evaluated by various environmental riskassessment and forecasting methodologies that enable the 0epartment toanticipate the type of development control necessary in the planning area&

h$ "!mission" means any air contaminant! pollutant! gas stream or unwantedsound from a known source which is passed into the atmosphere&

i$ "#reenhouse gases" mean those gases that can potentially or can reasonablybe e+pected to induce global warming! which include carbon dio+ide! methane!o+ides of nitrogen! chlorouorocarbons! and the like&

*$ "Ha$ardous substances" mean those substances which present either: #3$

short-term acute hazards such as acute to+icity by ingestion! inhalation! or skinabsorption! corrosivity or other skin or eye contact hazard or the risk of ,ree+plosion& or #4$ longterm to+icity upon repeated e+posure! carcinogenicity#which in some cases result in acute e+posure but with a long latent period$!resistance to deto+i,cation process such as biodegradation! the potential topollute underground or surface waters&

k$ "%nfectious &aste" means that portion of medical waste that could transmit aninfectious disease&


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l$ "'edical &aste" means the materials generated as a result of patientdiagnosis! treatment! or immunization of human beings or animals&

m$ "'obile source" means any vehicle propelled by or through combustion ofcarbon-based or other fuel! constructed and operated principally for theconveyance of persons or the transportation of property goods&

n$ "'otor vehicle" means any vehicle propelled by a gasoline or diesel engine orby any means other than human or animal power! constructed and operatedprincipally for the conveyance of persons or the transportation of property orgoods in a public highway or street open to public use&

o$ "'unicipal &aste" means the waste materials generated from communitieswithin a speci,c locality&

p$ "(e& vehicle" means a vehicle constructed entirely from new parts that hasnever been sold or registered with the 05T6 or with the appropriate agency orauthority! and operated on the highways of the (hilippines! any foreign state or

country&

)$ ")ctane Rating or the Anti"*noc+ %nde,-A*%." means the rating of the anti-knock characteristics of a grade or type of automotive gasoline as determined bydividing by two #4$ the sum of the 2esearch 5ctane 1umber #251$! plus the7otor 5ctane 1umber #751$& the octane re)uirement! with respect toautomotive gasoline for use in a motor vehicle or a class thereof! whetherimported! manufactured! or assembled by a manufacturer! shall refer to theminimum octane rating of such automotive gasoline which such manufacturerrecommends for the e8cient operation of such motor vehicle! or a substantialportion of such class! without knocking&

r$ ")$one epleting Substances#50S$" means those substances thatsigni,cantly deplete or otherwise modify the ozone layer in a manner that islikely to result in adverse e%ects of human health and the environment such as!but not limited to! chloroourocarbons! halons and the like&

s$ "Persistent )rganic Pollutants#(5(s$" means the organic compounds thatpersist in the environment! bioaccumulate through the food web! and pose a riskof causing adverse e%ects to human health and the environment. Thesecompounds resist photolytic! chemical and biological degradation! which shallinclude but not be limited to dio+in! furan! (olychlorinated 9iphenyls #(69s$!organochlorine pesticides! such as aldrin! dieldrin! 00T! he+achlorobenzene!lindane! to+aphere and chlordane&

t$ "Poisonous and to,ic fumes" means any emissions and fumes which arebeyond internationally - accepted standards! including but not limited to theorld ;ealth 5rganization #;5$ guideline values&

u$ "Pollution control device" means any device or apparatus used to prevent!control or abate the pollution of air caused by emissions from identi,ed pollutionsources at levels within the air pollution control standards established by the0epartment&


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v$ "Pollution control technology" means the pollution control devices! productionprocess! fuel combustion processes or other means that e%ectively prevent orreduce emissions or e. The said report shall include! but shall not be limited to the following:

a$ '+tent of pollution in the country! per type of pollutant and per type of source!based on reports of the 0epartment?s monitoring stations&

b$ Analysis and evaluation of the current state! trends and pro*ections of airpollution at the various levels provided herein&

c$ denti,cation of critical areas! activities! or pro*ects which will need closermonitoring or regulation&

d$ 2ecommendations for necessary e+ecutive and legislative action& and

e$ 5ther pertinent )ualitative and )uantitative information concerning the e+tentof air pollution and the air )uality performance rating of industries in the country.

The 0epartment! in cooperation with the 1ational Statistical 6oordination 9oard #1S69$!shall design and develop an information network for data storage! retrieval ande+change.

The 0epartment shall serve as the central depository of all data and information relatedto air )uality.

%ection 7. Integrated Air Quality Ipro$eent %rae"or#.- The 0epartmentshall within si+ #@$ months after the e%ectivity of this Act! establish! with theparticipation of BCs! 1B5s! (5s! the academe and other concerned entities from theprivate sector! formulate and implement the ntegrated Air =uality mprovementramework for a comprehensive air pollution management and control program. The


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framework shall! among others! prescribe the emission reduction goals usingpermissible standards! control strategies and control measures to undertaken within aspeci,ed time period! including cost-e%ective use of economic incentives! managementstrategies! collective actions! and environmental education and information.

The ntegrated Air =uality mprovement ramework shall be adopted as the o8cial

blueprint with which all government agencies must comply with to attain and maintainambient air )uality standards.

%ection 8.Air Quality Control Action Plan.- ithin si+ #@$ months after theformulation of the framework! the 0epartment shall! with public participation! formulateand implement an air )uality control action plan consistent with Sec. > of this Act. Theaction plan shall:

a$ nclude enforceable emission limitations and other control measures! means ortechni)ues! as well as schedules and time tables for compliance! as may benecessary or appropriate to meet the applicable re)uirements of this Act&

b$ (rovide for the establishment and operation of appropriate devices! methods!systems and procedures necessary to monitor! compile and analyze data onambient air )uality&

c$ nclude a program to provide for the following: #3$ enforcement of themeasures described in subparagraph DaE& #4$ regulation of the modi,cation andconstruction of any stationary source within the areas covered by the plan! inaccordance with land use policy to ensure that ambient air )uality standards areachieved&

d$ 6ontain ade)uate provisions! consistent with the provisions of this Act!prohibiting any source or other types of emissions activity within the country

from emitting any air pollutant in amounts which will signi,cantly contribute tothe non-attainment or will interfere with the maintenance by the 0epartment ofany such ambient air )uality standard re)uired to be included in theimplementation plan to prevent signi,cant deterioration of air )uality or toprotect visibility&

e$ nclude control strategies and control measures to be undertaken within aspeci,ed time period! including cost e%ective use of economic incentives!management strategies! collection action and environmental education andinformation&

f$ 0esignate airsheds& and

g$ All other measures necessary for the e%ective control and abatement of airpollution.

The adoption of the plan shall clarify the legal e%ects on the ,nancial! manpower andbudgetary resources of the a%ected government agencies! and on the alignment of theirprograms with the plans.


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n addition to direct regulations! the plan shall be characterized by a participatoryapproach to the pollution problem. The involvement of private entities in the monitoringand testing of emissions from mobile andor stationary sources shall be considered.

ikewise! the BC?s! with the assistance from the 0epartment! shall prepare anddevelop an action plan consistent with the ntegrated Air =uality mprovement

ramework to attain and maintain the ambient air )uality standards within theirrespective airsheds as provided in Sec. F hereof.

The local government units shall develop and submit to the 0epartment a procedure forcarrying out the action plan for their *urisdiction. The 0epartment! however! shallmaintain its authority to independently inspect the enforcement procedure adopted.

The 0epartment shall have the power to closely supervise all or parts of the air )ualityaction plan until such time the local government unit concerned can assume thefunction to enforce the standards set by the 0epartment.

A multi-sectoral monitoring team with broad public representation shall be convened bythe 0epartment for each BC to conduct periodic inspections of air pollution sources to

assess compliance with emission limitations contained in their permits.

%ection 9.Airsheds.- (ursuant to Sec. G of this Act! the designation of airsheds shallbe on the basis of! but not limited to! areas with similar climate! meteorology andtopology which a%ect the interchange and di%usion of pollutants in the atmosphere! orareas which share common interest or face similar development programs! prospects orproblems.

or a more e%ective air )uality management! a system of planning and coordinationshall be established and a common action plan shall be formulated for each airshed.

To e%ectively carry out the formulated action plans! a Boverning 9oard is hereby

created! hereinafter referred to as the 9oard.

The 9oard shall be headed by the Secretary of the 0epartment of 'nvironment and1atural 2esources as chairman. The members shall be as follows:

a$ (rovincial Bovernors from areas belonging to the airshed&

b$ 6ity7unicipal 7ayors from areas belonging to the airshed&

c$ A representative from each concerned government agency&

d$ 2epresentatives from people?s organizations&

e$ 2epresentatives from non-government organizations& and

f$ 2epresentatives from the private sector.

The 9oard shall perform the following functions:

a$ ormulation of policies&


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b$ (reparation of a common action plan&

c$ 6oordination of functions among its members& and

d$ Submission and publication of an annual Air =uality Status 2eport for eachairshed.

Cpon consultation with appropriate local government authorities! the 0epartment shall!from time to time! revise the designation of airsheds utilizing eco-pro,ling techni)uesand undertaking scienti,c studies.

'missions trading may be allowed among pollution sources within an airshed.

%ection 1:. Manageent of !on&attainent Areas.- The 0epartment shalldesignate areas where speci,c pollutants have already e+ceeded ambient standards asnon-attainment areas. The 0epartment shall prepare and implement a program that willprohibit new sources of e+ceeded air pollutant without a corresponding reduction ine+isting resources.

n coordination with other appropriate government agencies! the BCs shall prepare andimplement a program and other measures including relocation! whenever necessary! toprotect the health and welfare of residents in the area.

or those designated as nonattainment areas! the 0epartment! after consultation withlocal government authorities! nongovernment organizations #1B5s$! people?sorganizations #(5s$ and concerned sectors may revise the designation of such areasand e+pand its coverage to cover larger areas depending on the condition of the areas.

%ection 11.Air Quality Control Techni'ues.- Simultaneous with the issuance of theguideline values and standards! the 0epartment! through the research and

development program contained in this Act and upon consultation with appropriateadvisory committees! government agencies and BCs! shall issue! and from time totime! revise information on air pollution control techni)ues. Such information shallinclude:

#a$ 9est available technology and alternative methods of prevention!management and control of air pollution&

#b$ 9est available technology economically achievable which shall refer to thetechnological basisstandards for emission limits applicable to e+isting! directindustrial emitters of nonconventional and to+ic pollutants& and

#c$ Alternative fuels! processes and operating methods which will result in theeliminator or signi,cant reduction of emissions.

Such information may also include data relating to the cost of installation and operation!energy re)uirements! emission reduction bene,ts! and environmental impact or theemission control technology.

The issuance of air )uality guideline values! standards and information on air )ualitycontrol techni)ues shall be made available to the general public: Provided/That the


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issuance of information on air )uality control techni)ues shall not be construed asre)uiring the purchase of certain pollution control devices by the public.

%ection 12.A(ient Air Quality )uideline *alues and Standards.- The0epartment! in coordination with other concerned agencies! shall review and or reviseand publish annually a list of hazardous air pollutants with corresponding ambient

guideline values andor standard necessary to protect health and safety! and generalwelfare. The initial list and values of the hazardous air pollutants shall be as follows:

#a$ or 1ational Ambient Air =uality Buideline for 6riteria (ollutants:

Short Term a ong Term b

(ollutants Hg1cm ppm AveragingTime

Hg1cm ppm AveragingTime

Suspended (articulate

7atterc -TS( 4IJd 4K hours FJ ---- 3 yeare

-(7-3J 3LJf 4K hours @J ---- 3 yeare

Sulfur 0io+idec 3GJ J.J> 4K hours GJ J.JI 3 year

1itrogen 0io+ide 3LJ J.JG 4K hours ---- ---- ----

(hotochemical5+idants

3KJ J.J> 3 hour ---- ---- ----

As 5zone @J J.JI G hours ---- ---- ----

6arbon 7ono+ide IL mg1cm IJ 3 hour ---- ---- ----

3J mg1cm F G hours ---- ---- ----

eadg 3.L ---- I monthsg 3.J ---- 3 year

a7a+imum limits represented by ninety-eight percentile #FGM$values not to be e+ceed more than once a year.

bArithmetic mean

cS54 and Suspended (articulate matter are sampled once every si+days when using the manual methods. A minimum of twelvesampling days per )uarter of forty-eight sampling days each year isre)uired for these methods. 0aily sampling may be done in the

future once continuous analyzers are procured and becomeavailable.

dimits for Total Suspended (articulate 7atter with mass mediandiameter less than 4L-LJ um.

eAnnual Beometric 7ean


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f(rovisional limits for Suspended (articulate 7atter with massmedian diameter less than 3J microns and below until su8cientmonitoring data are gathered to base a proper guideline.

g'valuation of this guideline is carried out for 4K-hour averagingtime and averaged over three moving calendar months. The

monitored average value for any three months shall not e+ceed theguideline value.

#b$ or 1ational Ambient Air =uality Standards for Source Speci,c Air (ollutantsfrom ndustrial Sources5perations:

(ollutants3 6oncentration4 Averagingtime #min.$

7ethod of Analysis7easurementI

H1cm ppm

3. Ammonia 4JJ J.4G IJ 1esselerization ndo

(henol

4. 6arbon0isul,de

IJ J.J3 IJ Tischer 7ethod

I. 6hlorine and6hlorine6ompoundse+pressed as 6l4

3JJ J.JI L 7ethyl 5range

K.ormaldehyde

LJ J.JK IJ 6hromotropic acid 7ethodor 79T; 6olorimetric7ethod

L. ;ydrogen6hloride

4JJ3JJ J.3I IJ Nolhard Titration withodine Solution

@. ;ydrogenSul,de

J.J> IJ 7ethylene 9lue

>. ead 4J IJ AASc

G. 1itrogen0io+ide

I>L!4@J

J.4J!J.3K

IJ!@J Breiss- Saltzman

F. (henol 3JJ J.JI IJ K-Aminoantiphyrine

3J. Sulfur0io+ide

K>J!IKJ

J.3G!J.3I

IJ!@J 6olorimetric-(ararosaniline

33. Suspended(articulate7atter-TS(

IJJ ---- @J Bravimetric


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3(ertinent ambient standards for Antimony! Arsenic! 6admium!Asbestos! 1itric Acid and Sulfuric Acid 7ists in the 3F>G 1(66 2ulesand 2egulations may be considered as guides in determiningcompliance.

41inety-eight percentile #FGM$ values of IJ-minute sampling

measured at 4LJ6 and one atmosphere pressure.

I5ther e)uivalent methods approved by the 0epartment may beused.

The basis in setting up the ambient air )uality guideline values and standards shallreect! among others! the latest scienti,c knowledge including information on:

a$ Nariable! including atmospheric conditions! which of themselves or incombination with other factors may alter the e%ects on public health or welfareof such air pollutant&

b$ The other types of air pollutants which may interact with such pollutant toproduce an adverse e%ect on public health or welfare& and

c$ The kind and e+tent of all identi,able e%ects on public health or welfare whichmay be e+pected from presence of such pollutant in the ambient air! in varying)uantities.

The 0epartment shall base such ambient air )uality standards on orld ;ealth5rganization #;5$ standards! but shall not be limited to nor be less stringent thansuch standards.

%ection 13. +ission Charge Syste.- The 0epartment! in case of industrial

dischargers! and the 0epartment of Transportation and 6ommunication #05T6$! in caseof motor vehicle dischargers! shall! based on environmental techni)ues! design! imposeon and collect regular emission fees from said dischargers as part of the emissionpermitting system or vehicle registration renewal system! as the case may be. Thesystem shall encourage the industries and motor vehicles to abate! reduce! or preventpollution. The basis of the fees include! but is not limited to! the volume and to+icity ofany emitted pollutant. ndustries! which shall install pollution control devices or retro,ttheir e+isting facilities with mechanisms that reduce pollution shall be entitled to ta+incentives such as but not limited total credits andor accelerated depreciationdeductions.

%ection 14.Air Quality Manageent %und.- An Air =uality 7anagement und to be

administered by the 0epartment as a special account in the 1ational Treasury is herebyestablished to ,nance containment! removal! and clean-up operations of theBovernment in air pollution cases! guarantee restoration of ecosystems and rehabilitateareas a%ected by the acts of violators of this Act! to support research! enforcement andmonitoring activities and capabilities of the relevant agencies! as well as to providetechnical assistance to the relevant agencies. Such fund may likewise be allocated perairshed for the undertakings herein stated.


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The und shall be sourced from the ,nes imposed and damages awarded to the2epublic of the (hilippines by the (ollution Ad*udication 9oard #(A9$! proceeds oflicenses and permits issued by the 0epartment under this Act! emission fees and fromdonations! endowments and grants in the forms of contributions. 6ontributions to theund shall be e+empted from donor ta+es and all other ta+es! charges or fees imposedby the Bovernment.

%ection 16.Air Pollution Research and De$elopent Progra.- The 0epartment!in coordination with the 0epartment of Science and Technology #05ST$! other agencies!the private sector! the academe! 1B5?s and (5?s! shall establish a 1ational 2esearchand 0evelopment (rogram for the prevention and control of air pollution. The0epartment shall give special emphasis to research on and the development ofimproved methods having industry-wide application for the prevention and control of airpollution.

Such a research and development program shall develop air )uality guideline valuesand standards in addition to internationally-accepted standards. t shall also considerthe socio-cultural! political and economic implications of air )uality management and

pollution control.

A+ticle ToAi+ Pollution Cle*+*nce- *n; Pe+5it- o+ %t*tion*+0 %ou+ce-

%ection 1. Perits.- 6onsistent with the provisions of this Act! the 0epartment shallhave the authority to issue permits as it may determine necessary for the preventionand abatement of air pollution.

Said permits shall cover emission limitations for the regulated air pollutants to helpattain and maintain the ambient air )uality standards. These permits shall serve asmanagement tools for the BCs in the development of their action plan.

%ection 17. +ission Quotas.- The 0epartment may allow each regional industrialcenter that is designated as special airshed to allocate emission )uotas to pollutionsources within its *urisdiction that )ualify under an environmental impact assessmentsystem programmatic compliance program pursuant to the implementing rules andregulations of (residential 0ecree 1o. 3LG@.

%ection 18. %inancial ,ia(ility for +n$ironental Reha(ilitation.- As part of theenvironmental management plan attached to the environmental compliance certi,catepursuant to (residential 0ecree 1o. 3LG@ and rules and regulations set therefor! the0epartment shall re)uire program and pro*ect proponents to put up ,nancial guaranteemechanisms to ,nance the needs for emergency response! clean-up rehabilitation ofareas that may be damaged during the program or pro*ect?s actual implementation.iability for damages shall continue even after the termination of a program or pro*ect!where such damages are clearly attributable to that program or pro*ect and for ade,nite period to be determined by the 0epartment and incorporated into theenvironmental compliance certi,cate.

inancial liability instruments may be in the form a trust fund! environmental insurance!surety bonds! letters of credit! as well as self-insurance. The choice of the guarantee


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instruments shall furnish the 0epartment with evidence of availment of suchinstruments.

A+ticle T)+eePollution +o5 %t*tion*+0 %ou+ce-

%ection 19. Pollution %ro Stationary Sources.- The 0epartment shall! within two#4$ years from the e%ectivity of this Act! and every two #4$ years thereafter! review! oras the need therefore arises! revise and publish emission standards! to further improvethe emission standards for stationary sources of air pollution. Such emission standardsshall be based on mass rate of emission for all stationary source of air pollution basedon internationally accepted standards! but not be limited to! nor be less stringent thansuch standards and with the standards set forth in this section. The standards!whichever is applicable! shall be the limit on the acceptable level of pollutants emittedfrom a stationary source for the protection of the public?s health and welfare.

ith respect to any trade! industry! process and fuel-burning e)uipment or industrialplant emitting air pollutants! the concentration at the point of emission shall not e+ceed

the following limits:

(ollutants Standard Applicable toSource

7a+imum(ermissibleimits#mg1cm$

7ethod of Analysisa

3. Antimony and tscompounds

Any source 3J as Sb AASb

4. Arsenic and itscompounds

Any source 3J as As AASb

I. 6admium and itscompounds

Any source 3J as 6d AASb

K. 6arbon 7ono+ide Any industrial Source LJJ as 65 5rsat analysis

L. 6opper and its6ompounds

Any industrial source 3JJ a+ 6u AASb

@. ;ydrouoricAcids and luoridecompounds

Any source other than themanufacture of Aluminumfrom Alumina

LJ as ; Titration withAmmonium

Thiocyanate

>. ;ydrogen Sul,de i$ Beothermal (ower (lantsii$ Beothermal '+plorationand well-testingiii$ Any source other than#i$ and #ii$

c.de

> as ;4S

6admium Sul,de7ethod

6admium Sul,de7ethod

G. ead Any trade! industry orprocess

3J as (b AASb


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F. 7ercury Any Source L aselemental ;g

AASb6old-NaporTechni)ue or ;gAnalyzer

3J. 1ickel and itscompounds! e+cept

1ickel 6arbonylf

Any source 4J as 1i AASb

33. 15+ i$ 7anufacture of 1itricAcid

4!JJJ as acidand 15+andcalculated as154

(henol-disulfonic acid7ethod

ii$ uel burning steamgenerators'+isting Source 1ewSourceO 6oal-iredO 5il-irediii$ Any source other than#i$ adn #ii$'+isting Source1ew Source

3!LJJ as 154

3!JJJ as 154LJJ as 154

3JJJ as 154LJJ as 154



34. (hosphorus(ento+ideg

Any source 4JJ as (45L Spectrophotometry

3I. Pinc and its6ompounds

Any source 3JJ as Pn AASb

a5ther e)uivalent methods approved by the 0epartment may be used.

bAtomic Absorption Spectrophometry

cAll new geothermal power plants starting construction by J3 Qanuary3FFL shall control ;sS emissions to not more than 3LJgB7-;r

dAll e+isting geothermal power plants shall control ;sS emissions to notmore than 4JJgB7-;r. within L years from the date of efectivity ofthese revised regulations.

e9est practicable control technology for air emissions and li)uiddischarges. 6ompliance with air and water )uality standards is re)uired.

f'mission limit of 1ickel 6arbonyl shall not e+ceed J.L mg1cm.

g(rovisional Buideline

Provided! That the ma+imum limits in mgncm particulates in said sources shall be:


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3. uel 9urning ')uipment

a$ Crban or ndustrial Area 3LJ mg1cm

b$ 5ther Area 4JJ mg1cm

4. 6ement (lants #Rilns! etc.$ 3LJ mg1cm

I. Smelting urnaces 3LJ mg1cm

K. 5ther Stationary Sourcesa 4JJ mg1cm

a5ther Stationary Sources means a trade! process! industrial plant! or fuelburning e)uipment other than thermal power plants! industrial boilers!cement plants! incinerators and smelting furnaces.

Provided/ 0urther! That the ma+imum limits for sulfur o+ides in said sources shall be:

#3$ '+isting Sources

#i$ 7anufacture of Sulfuric Acid andSulf#on$ation (rocess

4.Jgm.1cm as S5I

#ii$ uel burning ')uipment 3.Lgm.1cm as S54

#iii$ 5ther Stationary Sourcesa 3.Jgm.1cm as S5I

#4$ 1ew Sources

#i$ 7anufacture of Sulfuric Acid andSulf#on$ation (rocess

3.L gm.1cm asS5I

#ii$ uel 9urning ')uipment J.> gm.1cm asS54

#iii$ 5ther Stationary Sourcesa J.4 gm.1cm asS5I

a5ther Stationary Sources refer to e+isting and new stationary sourcesother than those caused by the manufacture of sulfuric acid andsulfonation process! fuel burning e)uipment and incineration.

or stationary sources of pollution not speci,cally included in the immediately preceding

paragraph! the following emission standards shall not be e+ceeded in the e+haust gas:

. 0aily And ;alf ;ourly Average Nalues

0ailyAverageNalues

;alf ;ourlyAverageNalues

Total dust 3J mgmI IJ mgmI


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Baseous and vaporous organic substances!e+pressed as total organic carbon;ydrogen chloride #;6l$;ydrogen uoride #;$Sulfur dio+ide #S54$

3J mgmI

3J mgmI

3 mgmI

LJ mgmI

4J mgmI

@J mgmI

K mgmI

4JJ mgmI

1itrogen mono+ide #15$ and 1itrogendio+ide #154$! e+pressed as nitrogendio+ide for incineration plants with acapacity e+ceeding I tonnes per hour 4JJ mgmI KJJ mgmI

1itrogen mono+ide #15$ and nitrogendio+ide #154$! e+pressed as nitrogendio+ide for incineration plants with acapacity of I tonnes per hour or less IJJ mgmI

Ammonia 3J mgmI 4J mgmI

. All the Average Nalues 5ver the Sample (eriod of a 7inimum of K and7a+imum of G ;ours.

6admium and its compounds! e+pressed as cadmium#6d$ total J.JL

mgmIThallium and its compounds! e+pressed as thallium #Tl$

7ercury and its 6ompounds! e+pressed as mercury #;g$ J.JL mgmI

Antimony and its compounds! e+pressed as antimony#Sb$

Arsenic and its compounds! e+pressed as arsenic #As$

total J.LmgmI

ead and its compounds! e+pressed as lead # (b$

6hromium and its compounds! e+pressed as chromium

#6r$

6obalt and its compounds! e+pressed as cobalt #6o$

6opper and its compounds! e+pressed as copper #6u$

7anganese and its compounds! e+pressed as manganese#7n$

1ickel and its compounds! e+pressed as nickel #1i$

Nanadium and its compounds! e+pressed as vanadium#N$

Tin and its compounds! e+pressed as tin #Sn$

These average values cover also gaseous and the vapor forms of the relevant heavymetal emission as well as their compounds: Provided/That the emission of dio+ins andfurans into the air shall be reduced by the most progressive techni)ues: Provided/0urther! That all average of dio+in and furans measured over the sample period of aminimum of L hours and ma+imum of G hours must not e+ceed the limit value of J.3nanogrammI.

(ursuant to Sec. G of this Act! the 0epartment shall prepare a detailed action plansetting the emission standards or standards of performance for any stationary source


17/29

the procedure for testing emissions for each type of pollutant! and the procedure forenforcement of said standards.

'+isting industries! which are proven to e+ceed emission rates established by the0epartment in consultation with stakeholders! after a thorough! credible andtransparent measurement process shall be allowed a grace period of eighteen #3G$

months for the establishment of an environmental management system and theinstallation of an appropriate air pollution control device : Provided/That an e+tension ofnot more than twelve #34$ months may be allowed by the 0epartment on meritoriousgrounds.

%ection 2:. -an on Incineration. - ncineration! hereby de,ned as the burning ofmunicipal! biomedical and hazardous waste! which process emits poisonous and to+icfumes is hereby prohibited& Provided/ ho&ever! That the prohibition shall not apply totraditional small-scale method of communityneighborhood sanitation "siga"! traditional!agricultural! cultural! health! and food preparation and crematoria& Provided/ 0urther!

That e+isting incinerators dealing with a biomedical wastes shall be out within three #I$years after the e%ectivity of this Act&Provided/ 0inally! that in the interim! such units

shall be limited to the burning of pathological and infectious wastes! and sub*ect toclose monitoring by the 0epartment.

ocal government units are hereby mandated to promote! encourage and implement intheir respective *urisdiction a comprehensive ecological waste management thatincludes waste segregation! recycling and composting.

ith due concern on the e%ects of climate change! the 0epartment shall promote theuse of state-of-the-art! environmentally-sound and safe non-burn technologies for thehandling! treatment! thermal destruction! utilization! and disposal of sorted! unrecycled!uncomposted! biomedical and hazardous wastes.

A+ticle !ou+Pollution +o5 "oto+ Ve)icle-

%ection 21. Pollution fro Motor *ehicles.- a$ The 05T6 shall implement theemission standards for motor vehicles set pursuant to and as provided in this Act. Tofurther improve the emission standards! the 0epartment shall review! revise and publishthe standards every two #4$ years! or as the need arises. t shall consider the ma+imumlimits for all ma*or pollutants to ensure substantial improvement in air )uality for thehealth! safety and welfare of the general public.

The following emission standards for type approval of motor vehicles shall be e%ectiveby the year 4JJI:

a$ or light duty vehicles! the e+haust emission limits for gaseous pollutants shallbe:

'mission imits for ight 0uty NehiclesType Approval#0irective F3KK3''6$


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65#gkm$

;6 15+#gkm$

(7a#gkm$

4.>4 J.F>J.3K

a

for compression-ignition engines only

b$ or light commercial vehicles! the e+haust emission limit of gaseous pollutantsas a function of the given reference mass shall be:

'mission imits for ight 6ommercial NehiclesType Approval#0irective FILF''6$

2eference eight#2$ #kg$

65#gkm$

;6 15+#gkm$

(7a#gkm$

6ategory 3 34LJ 2 4.>4 J.F> J.3K

6ategory 4 34LJ 23>JJ L.3> 3.K J.3F

6ategory I 2U3>JJ @.F 3.> J.4L

afor compression-ignition engines only

c$ or heavy duty vehicles! the e+haust emission limits of gaseous pollutantsshall be:

'mission imits for ;eavy 0uty Nehicles

Type Approval

#0irective F3LK4''6$

65

#gkh$

;6

#gkh$

15+

#gkh$

(7

#gkh$

K.L 3.3 G.J J.I@a

an the case of engines of GL k or less! the limit value forparticular emissions in increased by multiplying the )uoted limit by

a coe8cient of 3.>

uel evaporative emission for spark-ignition engines shall not e+ceed 4.J gramshydrocarbons per test. ikewise! it shall not allow any emission of gases fromcrankcase ventilation system into the atmosphere.

b$ The 0epartment! in collaboration with the 05T6! 0T and BCs! shall develop anaction plan for the control and management of air pollution from motor vehiclesconsistent with the ntegrated Air =uality ramework. The 05T6 shall enforce


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compliance with the emission standards for motor vehicles set by the 0epartment. The05T6 may deputize other law enforcement agencies and BCs for this purpose. To thisend! the 05T6 shall have the power to:

#3$ nspect and monitor the emissions of motor vehicles&

#4$ (rohibit or en*oin the use of motor vehicles or a class of motor vehicles in anyarea or street at speci,ed times& and

#I$ Authorize private testing emission testing centers duly accredited by the 0T.

c$ The 05T6! together with the 0T and the 0epartment! shall establish the proceduresfor the inspection of motor vehicles and the testing of their emissions for the purpose ofdetermining the concentration andor rate of pollutants discharged by said sources.

d$ n order to ensure the substantial reduction of emissions from motor vehicles! the0epartment of Trade and ndustry #0T$! together with the 05T6 and the 0epartmentshall formulate and implement a national motor vehicle inspection and maintenance

program that will promote e8cient and safe operation of all motor vehicles. n thisregard! the 0T shall develop and implement standards and procedures for thecerti,cation of training institutions! instructors and facilities and the licensing of)uali,ed private service centers and their technicians as prere)uisite for performing thetesting! servicing! repair and the re)uired ad*ustment to the vehicle emission system.

The 0T shall likewise prescribe regulations re)uiring the disclosure of odometerreadings and the use of tamper-resistant odometers for all motor vehicles includingtamper-resistant fuel management systems for the e%ective implementation of theinspection and maintenance program.

%ection 22. Regulation of All Motor *ehicles and +ngines.- Any imported new orlocally-assembled new motor vehicle shall not be registered unless it complies with the

emission standards set pursuant to this Act! as evidenced by a 6erti,cate of 6onformity#656$ issued by the 0epartment.

Any imported new motor vehicle engine shall not be introduced into commerce! sold orused unless it complies with emission standards set pursuant to this Act.

Any imported used motor vehicle or rebuilt motor vehicle using new or used engines!ma*or parts or components shall not be registered unless it complies with the emissionstandards.

n case of non-compliance! the importer or consignee may be allowed to modify orrebuild the vehicular engine so it will be in compliance with applicable emission

standards.

1o motor vehicle registration #7N2$ shall be issued unless such motor vehicle passesthe emission testing re)uirement promulgated in accordance with this Act. Such testingshall be conducted by the 05T6 or its authorized inspection centers within si+ty #@J$days prior to date of registration.

The 0T shall promulgate the necessary regulations prescribing the useful life ofvehicles and engines including devices in order to ensure that such vehicles will


20/29

conform to the emissions which they were certi,ed to meet. These regulations shallinclude provisions for ensuring the durability of emission devices.

%ection 23. Second&.and Motor *ehicle +ngines.- Any imported second-handmotor vehicle engine shall not be introduced into commerce! sold or used unless itcomplies with emission standards set pursuant to this Act.

A+ticle !iePollution +o5 Ot)e+ %ou+ce-

%ection 24. Pollution fro so#ing.- Smoking inside a public building or anenclosed public place including public vehicles and other means of transport or in anyenclosed area outside of one/s private residence! private place of work or any dulydesignated smoking area is hereby prohibited under this Act. This provision shall beimplemented by the BCs.

%ection 26. Pollution fro other o(ile sources.- The 0epartment! incoordination with appropriate agencies! shall formulate and establish the necessary

standards for all mobile sources other than those referred to in Sec. 43 of this Act. Theimposition of the appropriate ,nes and penalties from these sources for any violation ofemission standards shall be under the *urisdiction of the 05T6.

C)*pte+ 3!uel-, A;;itie-, %ub-t*nce- *n; Pollut*nt-

A+ticle One!uel-, A;;itie- *n; %ub-t*nce-

%ection 2. %uels and Additi$es.- (ursuant to the Air =uality ramework to beestablished under Section > of this Act! the 0epartment of 'nergy #05'$! co-chaired by

the 0epartment of 'nvironment and 1atural 2esources #0'12$! in consultation with the9ureau of (roduct Standards #9(S$ of the 0T! the 05ST! the representatives of the fueland automotive industries! academe and the consumers shall set the speci,cations forall types of fuel and fuel-related products! to improve fuel composition for increasede8ciency and reduced emissions: Provided/ ho&ever! that the speci,cations for alltypes of fuel and fuel-related products set-forth pursuant to this section shall beadopted by the 9(S as (hilippine 1ational Standards #(1S$.

The 05' shall also specify the allowable content of additives in all types of fuels andfuel-related products. Such standards shall be based primarily on threshold levels ofhealth and research studies. 5n the basis of such speci,cations! the 05' shall likewiselimit the content or begin that phase-out of additives in all types of fuels and fuel-

related products as it may deem necessary. 5ther agencies involved in the performanceof this function shall be re)uired to coordinate with the 05' and transfer all documentsand information necessary for the implementation of this provision.

6onsistent with the provisions of the preceding paragraphs under this section! it isdeclared that:

a$ not later than eighteen #3G$ months after the e%ectivity of this Act! no personshall manufacture! import! sell! supply! o%er for sale! dispense! transport or


21/29

introduce into commerce unleaded premium gasoline fuel which has an anti-knock inde+ #AR$ of not less that G>.L and 2eid vapor pressure of not more thanF psi. ithin si+ #@$ months after the e%ectivity of this Act! unleaded gasoline fuelshall contain aromatics not to e+ceed forty-,ve percent #KLM$ by volume andbenzene not to e+ceed four percent #KM$ by volume&Provided/that by year 4JJI!unleaded gasoline fuel should contain aromatics not to e+ceed thirty-,ve percent

#ILM$ by volume and benzene not to e+ceed two percent #4M$ by volume&

b$ not later than eighteen #3G$ months after the e%ectivity of this Act! no personshall manufacture! import! sell! supply! o%er for sale! dispense! transport orintroduce into commerce automotive diesel fuel which contains a concentrationof sulfur in e+cess of J.4JM by weight with a cetane number of inde+ of not lessthan forty-eight #KG$: Provided/That by year 4JJK! content of said sulfur shall beJ.JLM by weight& and

c$ not later than eighteen #3G$ months after the e%ectivity of this Act! no (ersonshall manufacture! import! sell! supply! o%er for sale! dispense! transport orintroduce into commerce industrial diesel fuel which contains a concentration of

sulfur in e+cess of J.IJM #by weight$.

'very two #4$ years thereafter or as the need arises! the speci,cations of unleadedgasoline and of automotive and industrial diesel fuels shall be reviewed and revised forfurther improvement in formulation and in accordance with the provisions of this Act.

The fuels characterized above shall be commercially available. ikewise! the same shallbe the reference fuels for emission and testing procedures to be established inaccordance with the provisions of this Act.

Any proposed additive shall not in any way increase emissions of any of the regulatedgases which shall include! but not limited to carbon mono+ide! hydrocarbons! and

o+ides of nitrogen and particulate matter! in order to be approved and certi,ed by the0epartment.

%ection 27. Regulation of %uels and %uel Additi$es.- The 05'! in coordination withthe 0epartment and the 9(S! shall regulate the use of any fuel or fuel additive. 1omanufacturer! processor or trader of any fuel or additive may import! sell! o%er for sale!or introduce into commerce such fuel for additive unless the same has been registeredwith the 05'. (rior to registration! the manufacturer! processor or trader shall providethe 05' with the following relevant information:

a$ (roduct identity and composition to determine the potential health e%ects ofsuch fuel additives&

b$ 0escription of the analytical techni)ue that can be used to detect andmeasure the additive in any fuel&

c$ 2ecommended range of concentration& and

d$ (urpose in the use of the fuel and additive.


22/29

%ection 28. Misfueling.- n order to prevent the disabling of any emission controldevice by lead contamination! no person shall introduce or cause or allow theintroduction of leaded gasoline into any motor vehicle e)uipped with a gasoline tank,ller inlet and labeled "unleaded gasoline only". This prohibition shall also apply to anyperson who knows or should know that such vehicle is designed solely for the use ofunleaded gasoline.

%ection 29/ Prohi(ition on Manufacture0 Iport and Sale of leaded )asolineand of +ngines andor Coponents Re'uiring ,eaded )asoline .- '%ective notlater than eighteen #3G$ months after the enactment of this Act! no person shallmanufacture! import! sell! o%er for sale! introduce into commerce! convey or otherwisedispose of! in any manner! leaded gasoline and engines and components re)uiring theuse of leaded gasoline.

or e+isting vehicles! the 0T shall formulate standards and procedures that will allownon-conforming engines to comply with the use of unleaded fuel within ,ve#L$ yearsafter the e%ectivity of this Act.

A+ticle ToOt)e+ Pollut*nt-

%ection 3:. 23one&Depleting Su(stances.- 6onsistent with the terms andconditions of the 7ontreal (rotocol on Substances that 0eplete the 5zone ayer andother international agreements and protocols to which the (hilippines is a signatory! the0epartment shall phase out ozone-depleting substances.

ithin si+ty #@J$ days after the enactment of this Act! the 0epartment shall publish alist of substances which are known to cause harmful e%ects on the stratospheric ozonelayer.

%ection 31. )reenhouse )ases.- The (hilippine Atmospheric! Beophysical andAstronomical Service

Administration #(ABASA$ shall regularly monitor meteorological factors a%ectingenvironmental conditions including ozone depletion and greenhouse gases andcoordinate with the 0epartment in order to e%ectively guide air pollution monitoring andstandard-setting activities.

The 0epartment! together with concerned agencies and local government units! shallprepare and fully implement a national plan consistent with the Cnited 1ationsramework 6onvention on 6limate 6hange and other international agreements!conventions and protocols on the reduction of greenhouse gas emissions in the country.

%ection 32. Persistent 2rganic Pollutants.- The 0epartment shall! within a periodof two #4$ years after the enactment of this Act! establish an inventory list of all sourcesof (ersistent 5rganic (ollutants #(5(s$ in the country. The 0epartment shall developshort-term and long-term national government programs on the reduction andelimination of (5(s such as dio+ins and furans. Such programs shall be formulatedwithin a year after the establishment of the inventory list.


23/29

%ection 33. Radioacti$e +issions.- All pro*ects which will involve the use of atomicandor nuclear energy! and will entail release and emission of radioactive substancesinto the environment! incident to the establishment or possession of nuclear energyfacilities and radioactive materials! handling! transport! production! storage! and use ofradioactive materials! shall be regulated in the interest of public health and welfare bythe (hilippine

1uclear 2esearch nstitute #(12$! in coordination with 0epartment and otherappropriate government agencies.

C)*pte+ 4In-titution*l "ec)*ni-5

%ection 34. ,ead Agency.- The 0epartment! unless otherwise provided herein! shallbe the primary government agency responsible for the implementation andenforcement of this Act. To be more e%ective in this regard! The 0epartment/s'nvironmental 7anagement 9ureau #'79$ shall be converted from a sta% bureau to aline bureau for a period of no more than two #4$ years! unless a separate!

comprehensive environmental management agency is created.

%ection 36. ,in#age Mechanis.- The 0epartment shall consult! participate!cooperate and enter into agreement with other government agencies! or with a%ectednon-governmental #1B5s$ or people/s organizations #(5s$!or private enterprises in thefurtherance of the ob*ectives of this Act.

%ection 3. Role of ,ocal )o$ernent 4nits.- ocal Bovernment Cnits #BCs$ shallshare the responsibility in the management and maintenance of air )uality within theirterritorial *urisdiction. 6onsistent with Sections >! G and F of this Act! BCs shallimplement air )uality standards set by the 9oard in areas within their

*urisdiction&Provided/ ho&ever! That in case where the board has not been duly

constituted and has not promulgated its standards! the standards set forth in this Actshall apply.

The 0epartment shall provide the BCs with technical assistance! trainings and acontinuing capability-building program to prepare them to undertake full administrationof the air )uality management and regulation within their territorial *urisdiction.

%ection 37. +n$ironental and !atural Resources 25ce.- There may beestablished an 'nvironment and 1atural 2esources 58ce in every province! city! ormunicipality which shall be headed by the environment and natural resources o8cerand shall be appointed by the 6hief '+ecutive of every province! city or municipality inaccordance with the provisions of Section KGK of 2epublic Act 1o. >3@J. ts powers andduties! among others! are:

a$ To prepare comprehensive air )uality management programs! plans andstrategies within the limits set forth in 2epublic act. 1o. >3@J and this Act whichshall be implemented within its territorial *urisdiction upon the approval of thesanggunian&


24/29

b$ To provide technical assistance and support to the governor or mayor! as thecase may be! in carrying out measures to ensure the delivery of basic servicesand the provision of ade)uate facilities relative to air )uality&

c$ To take the lead in all e%orts concerning air )uality protection andrehabilitation&

d$ To recommend to the 9oard air )uality standards which shall not e+ceed thema+imum permissible standards set by rational laws&

e$ To coordinate with other government agencies and non-governmentalorganizations in the implementation of measures to prevent and control airpollution& and

f$ '+ercise such other powers and perform such duties and functions as may beprescribed by law or ordinance: Provided! ho&ever! That inprovincescitiesmunicipalities where there are no environment and naturalresources o8cers! the local e+ecutive concerned may designate any of his o8cial

andor chief of o8ce preferably the provincial! city or municipal agriculturist! orany of his employee: Provided/ 0inally! That in case an employee is designated assuch! he must have su8cient e+perience in environmental and natural resourcesmanagement! conservation and utilization.

%ection 38. Recordeeping0 Inspection0 Monitoring and +ntry (y theDepartent.- The 0epartment or its duly accredited entity shall! after properconsultation and notice! re)uire any person who owns or operates any emissions sourceor who is sub*ect to any re)uirement of this Act to:

#a$ establish and maintain relevant records&

#b$ make relevant reports&

#c$ install! use and maintain monitoring e)uipment or methods&

#d$ sample emission! in accordance with the methods! locations! intervals andmanner prescribed by the 0epartment&

#e$ keep records on control e)uipment parameters! production variables or otherindirect data when direct monitoring of emissions is impractical& and

#f$ provide such other information as the 0epartment may reasonably re)uire.

(ursuant to this Act! the 0epartment! through its authorized representatives! shall havethe right of:

#a$ entry or access to any premises including documents and relevant materialsas referred to in the herein preceding paragraph&

#b$ inspect any pollution or waste source! control device! monitoring e)uipmentor method re)uired& and


25/29

#c$ test any emission.

Any record! report or information obtained under this section shall be made available tothe public! e+cept upon a satisfactory showing to the 0epartment by the entityconcerned that the record! report or information! or parts thereof! if made public! woulddivulge secret methods or processes entitled to protection as intellectual property. Such

record! report or information shall likewise be incorporated in the 0epartment/sindustrial rating system.

%ection 39. Pu(lic +ducation and Inforation Capaign.- A continuing air )ualityinformation and education campaign shall promoted by the 0epartment! the0epartment of 'ducation! 6ulture and Sports #0'6S$! the 0epartment of the nterior andocal Bovernment #0B$! the 0epartment of Agriculture #0A$ and the (hilippinenformation Agency #(A$. 6onsistent with Sec. > of this Act! such campaign shallencourage the participation of other government agencies and the private sectorincluding 1B5s! (5s! the academe! environmental groups and other private entities in amulti-sectoral information campaign.

C)*pte+ 6Action-

%ection 4:.Adinistrati$e Action.- ithout pre*udice to the right of any a%ectedperson to ,le an administrative action! the 0epartment shall! on its own instance orupon veri,ed complaint by any person! institute administrative proceedings against anyperson who violates:

#a$ Standards or limitation provided under this Act& or

#b$ Any order! rule or regulation issued by the 0epartment with respect to suchstandard or limitation.

%ection 41. Citi3en Suits.- or purposes of enforcing the provisions of this Act or itsimplementing rules and regulations! any citizen may ,le an appropriate civil! criminal oradministrative action in the proper courts against:

#a$ Any person who violates or fails to comply with the provisions of this Act or itsimplementing rules and regulations& or

#b$ The 0epartment or other implementing agencies with respect to orders! rulesand regulations issued inconsistent with this Act& andor

#c$ Any public o8cer who willfully or grossly neglects the performance of an act

speci,cally en*oined as a duty by this Act or its implementing rules andregulations& or abuses his authority in the performance of his duty& or! in anymanner! improperly performs his duties under this Act or its implementing rulesand regulations: Provided/ ho&ever! That no suit can be ,led until thirty-day #IJ$notice has been taken thereon.

The court shall e+empt such action from the payment of ,ling fees! e+cept fees foractions not capable of pecuniary estimations! and shall likewise! upon prima facie


26/29

showing of the non-enforcement or violation complained of! e+empt the plainti% fromthe ,ling of an in*unction bond for the issuance of a preliminary in*unction.

ithin thirty #IJ$ days! the court shall make a determination if the compliant herein ismalicious andor baseless and shall accordingly dismiss the action and award attorney/sfees and damages.

%ection 42. Independence of Action.- The ,ling of an administrative suit againstsuch personentity does not preclude the right of any other person to ,le any criminal orcivil action. Such civil action shall proceed independently.

%ection 43. Suits and Strategic ,egal Actions Against Pu(lic Participation andthe +nforceent of This Act.- here a suit is brought against a person who ,led anaction as provided in Sec. K3 of this Act! or against any person! institution orgovernment agency that implements this Act! it shall be the duty of the investigatingprosecutor or the court! as the case may be! to immediately make a determination note+ceeding thirty #IJ$ days whether said legal action has been ,led to harass! ve+! e+ertundue pressure or stie such legal recourses of the person complaining of or enforcing

the provisions of this Act. Cpon determination thereof! evidence warranting the same!the court shall dismiss the case and award attorney/s fees and double damages.

This provision shall also apply and bene,t public o8cers who are sued for actscommitted in their o8cial capacity! their being no grave abuse of authority! and done inthe course of enforcing this Act.

%ection 44. ,ien 4pon Personal and Io$a(le Properties of *iolators.- inesand penalties imposed pursuant to this Act shall be liens upon personal or immovableproperties of the violator. Such lien shall! in case of insolvency of the respondentviolator! en*oy preference to laborer/s wages under Articles 44K3 and 44K4 of 2epublicAct 1o. IG@! otherwise known as the 1ew 6ivil 6ode of the (hilippines.

C)*pte+ !ine- *n; Pen*ltie-

%ection 46. *iolation of Standards for Stationary Sources.- or actuale+ceedance of any pollution or air )uality standards under this Act or its rules andregulations! the 0epartment! through the (ollution Ad*udication 9oard #(A9$! shallimpose a ,ne of not more than 5ne hundred thousand pesos #(3JJ!JJJ.JJ$ for everyday of violation against the owner or operator of a stationary source until such time thatthe standards have been complied with.

or purposes of the application of the ,nes! the (A9 shall prepare a ,ne rating system to

ad*ust the ma+imum ,ne based on the violator/s ability to pay! degree of willfulness!degree of negligence! history of non-compliance and degree of recalcitrance: Provided/That in case of negligence! the ,rst time o%ender/s ability topay may likewise be considered by the (ollution Ad*udication 9oard: Provided/ 0urther!

That in the absence of any e+tenuating or aggravating circumstances! the amount of,ne for negligence shall be e)uivalent to one-half of the ,ne for willful violation.


27/29

The ,nes herein prescribed shall be increased by at least ten percent #3JM$! every three#I$ years to compensate for ination and to maintain the deterrent function of such,nes.

n addition to the ,nes! the (A9 shall order closure! suspension of development!construction! or operations of the stationary sources until such time that proper

environmental safeguards are put in place: Provided/That an establishment liable for athird o%ense shall su%er permanent closure immediately. This paragraph shall bewithout pre*udice to the immediate issuance of an e+ parte order for such closure!suspension of development or construction! or cessation of operations during thependency of the case upon prima facie evidence that their is imminent threat to life!public health! safety or general welfare! or to plant or animal life! or whenever there isan e+ceedance of the emission standards set by the 0epartment andor the 9oardandor the appropriate BC.

%ection 4. *iolation of Standards for Motor *ehicles.- 1o motor vehicle shall beregistered with the 05T6 unless it meets the emission standards set by the 0epartmentas provided in Sec. 43 hereof.

Any vehicle suspected of violation of emission standards through visual signs! such as!but not limited to smoke-belching! shall be sub*ected to an emission test by a dulyauthorized emission testing center. or this purpose! the 05T6 or its authorized testingcenter shall establish a roadside inspection system. Should it be shown that there wasno violation of emission standards! the vehicle shall be immediately released.5therwise! a testing result indicating an e+ceedance of the emission standards wouldwarrant the continuing custody of the impounded vehicle unless the appropriatepenalties are fully paid! and the license plate is surrendered to the 05T6 pending theful,llment of the undertaking by the owneroperator of the motor vehicle to make thenecessary repairs so as to comply with the standards. A pass shall herein be issued bythe 05T6 to authorize the use of the motor vehicle within a speci,ed period that shallnot e+ceed seven #>$ days for the sole purpose of making the necessary repairs on thesaid vehicle. The owneroperator of the vehicle shall be re)uired to correct its defectsand show proof of compliance to the appropriate pollution control o8ce before thevehicle can be allowed to be driven on any public or subdivision roads.

n addition! the driver and operator of the apprehended vehicle shall undergo a seminaron pollution control management conducted by the 05T6 and shall also su%er thefollowing penalties:

a$ irst 5%ense - a ,ne not to e+ceed Two Thousand (esos #(4!JJJ.JJ$&

b$ Second 5%ense - a ,ne not less than Two Thousand (esos #(4!JJJ.JJ$ and notto e+ceed our Thousand (esos #(K!JJJ.JJ$& and

c$ Third o%ense - one #3$ year suspension of the 7otor Nehicle 2egistration #7N2$and a ,ne of not less than our Thousand (esos #(K!JJJ.JJ$ and not more thanSi+ thousand pesos #(@!JJJ.JJ$.

Any violation of the provisions of Sec. 43 paragraph #d$ with regard to nationalinspection and maintenance program! including technicians and facility compliance shallpenalized with a ,ne of not less than Thirty Thousand (esos #(IJ!JJJ.JJ$ or


28/29

cancellation of license of both the technician and the center! or both! as determined bythe 0T.

All law enforcement o8cials and deputized agents accredited to conduct vehicleemissions testing and apprehensions shall undergo a mandatory training on emissionstandards and regulations. or this purpose! the 0epartment! together with the 05T6!

0T! 05ST! (hilippine 1ational (olice #(1($ and other concerned agencies and privateentities shall design a training program.

%ection 47. %ines and Penalties for *iolations of 2ther Pro$isions in the Act.-or violations of all other provisions provided in this Act and of the rules and regulationsthereof! a ,ne of not less than Ten thousand pesos #(3J!JJJ$ but not more than 5ne;undred thousand (esos #(3JJ!JJJ$ or si+ #@$ months to si+ #@$ years imprisonment orboth shall be imposed. f the o%ender is a *uridical person! the president! manager!directors! trustees! the pollution control o8cer or the o8cials directly in charge of theoperations shall su%er the penalty herein provided.

%ection 48. )ross *iolations.- n case of gross violation of this Act or its

implementing rules and regulations! the (A9 shall recommend to the propergovernment agencies to ,le the appropriate criminal charges against the violators. The(A9 shall assist the public prosecutor in the litigation of the case. Bross violation shallmean:

#a$ three #I$ or more speci,c o%enses within a period of one #3$ year&

#b$ three #I$ or more speci,c o%enses with three #I$ consecutive years&

#c$ blatant disregard of the orders of the (A9! such s but not limited to thebreaking of seal! padlocks and other similar devices! or operation despite thee+istence of an order for closure! discontinuance or cessation of operation& and

#d$ irreparable or grave damage to the environment as a conse)uence of anyviolation of the provisions of this Act.

5%enders shall be punished with imprisonment of not less than si+ #@$ years but notmore than ten #3J$ years at the discretion of the court. f the o%ender is a *uridicalperson! the president! manager! directors! trustees! the pollution control o8cer or theo8cials directly in charge of the operations shall su%er the penalty herein provided.

C)*pte+ 7!in*l P+oi-ion-

%ection 49. Potential ,oss or Shifts of +ployent.- The Secretary of abor ishereby authorized to establish a compensation! retraining and relocation program toassist workers laid o% due to a company/s compliance with the provisions of this Act.

%ection 6:.Appropriations.- An amount of Seven ;undred ifty 7illion (esos#(>LJ!JJJ!JJJ.JJ$ shall be appropriated for the initial implementation of this Act! ofwhich! the amount of Three ;undred 7illion (esos #(IJJ!JJJ!JJJ.JJ$ shall beappropriated to the 0epartment& Two ;undred 7illion (esos #(4JJ!JJJ!JJJ.JJ$ to the


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0T& 5ne ;undred ifty 7illion (esos #(3LJ!JJJ!JJJ.JJ$ to the 05T6& and 5ne ;undred7illion (esos #(3JJ!JJJ!JJJ.JJ$ to the 05'.

Thereafter! the amount necessary to e%ectively carry out the provisions of this Act shallbe included in the Beneral Appropriations Act.

%ection 61. Ipleenting Rules and Regulations.- The 0epartment! incoordination with the 6ommittees on 'nvironment and 'cology of the Senate and ;ouseof 2epresentatives! respectively and other agencies! shall promulgate the implementingrules and regulations for this Act! within one #3$ year after the enactment of thisAct:Provided/That rules and regulations issued by other government agencies andinstrumentalities for the prevention andor abatement of pollution not inconsistent withthis Act shall supplement the rules and regulations issued by the 0epartment pursuantto the provisions of this Act.

%ection 62. Report to Congress.- The 0epartment shall report to 6ongress! not laterthan 7arch IJ of every year following the approval of this Act! the progress of thepollution control e%orts and make the necessary recommendations in areas where there

is need for legislative action.

%ection 63.6oint Congressional 2$ersight Coittee.- There is hereby created a*oint congressional oversight committee to monitor the implementation of this Act. Thecommittee shall be composed of ,ve #L$ senators and ,ve #L$ representatives to beappointed by the Senate (resident and the Speaker of the ;ouse of 2epresentatives!respectively! the oversight committee shall be co-chaired by a senator and arepresentative designated by the Senate (resident and the Speaker of the ;ouse of2epresentatives! respectively.

The mandate given to the *oint congressional oversight committee under this Act shallbe without pre*udice to the performance of the duties and functions by the respective

e+isting oversight committees of the Senate and the ;ouse of 2epresentatives.

%ection 64. Separa(ility of Pro$isions.- f any provision of this Act or theapplication of such provision to any person or circumstances is declaredunconstitutional! the remainder of the Act or the application of such provision to otherperson or circumstances shall not be a%ected by such declaration.

%ection 66. Repealing Clause.- (residential 0ecree 1o. 33G3 is hereby repealed.(residential 0ecrees 1os. 33L4! 3LG@ and (residential 0ecree 1o. FGK are partlymodi,ed. All other laws! orders! issuance! rules and regulations inconsistent herewithare hereby repealed or modi,ed accordingly.

%ection 6. +7ecti$ity.- This Act shall take e%ect ,fteen #3L$ days from the date ofits publication in the )1cial #a$etteor in at least two #4$ newspapers of generalcirculation.

Approved!June 23, 1999.

clean air act ra8749

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