RA 8749 (Philippine Clean Air Act of 1999) CHAPTER I GENERAL PROVISIONS

Short Title.

Section 1

SECTION 1. Short Title. - This Act shall be known as the "Philippine Clean Air Act of 1999."

Declaration of Principles.

Section 2

SEC. 2. Declaration of Principles. - The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. The State shall promote and protect the global environment to attain sustainable development while recognizing the primary responsibility of local government units to deal with environmental problems. The State recognizes that the responsibility of cleaning the habitat and environment is primarily area-based. The State also recognizes the principle that "polluters must pay." Finally, the State recognizes that a clean and healthy environment is for the good of all and should therefore be the concern of all.

Declaration of Policies.

Section 3

SEC. 3. Declaration of Policies. - The State shall pursue a policy of balancing development and environmental protection. To achieve this end, the framework for sustainable development shall be pursued. It shall be the policy of the State to: Formulate a holistic national program of air pollution management that shall be implemented by the government through proper delegation and effective coordination of functions and activities; Encourage cooperation and self-regulation among citizens and industries through the application of market-based instruments; Focus primarily on pollution prevention rather than on control and provide for a comprehensive management program for air pollution; Promote public information and education and to encourage the participation of an informed and active public in air quality planning and monitoring; and Formulate and enforce a system of accountability for short and long-term adverse environmental impact of a project, program or activity. This shall include the setting up of a funding or guarantee mechanism for clean-up and environmental rehabilitation and compensation for personal damages.

Recognition of Rights.

Section 4

SEC. 4. Recognition of Rights. - Pursuant to the above-declared principles, the following rights of citizens are hereby sought to be recognized and the State shall seek to guarantee their enjoyment: The right to breathe clean air; The right to utilize and enjoy all natural resources according to the principle of sustainable development; The right to participate in the formulation, planning, implementation and monitoring of environmental policies and programs and in the decision-making process; The right to participate in the decision-making process concerning development policies, plans and programs, projects or activities that may have adverse impact on the environment and public health; The right to be informed of the nature and extent of the potential hazard of any activity, undertaking or project and to be served timely notice of any significant rise in the level of pollution and the accidental or deliberate release into the atmosphere of harmful or hazardous substances; The right of access to public records which a citizen may need to exercise his or her rights effectively under this Act; The right to bring action in court or quasi-judicial bodies to enjoin all activities in violation of environmental laws and regulations, to compel the rehabilitation and cleanup of affected area, and to seek the imposition of penal sanctions against violators of environmental laws; and The right to bring action in court for compensation of personal damages resulting from the adverse environmental and public health impact of a project or activity. ARTICLE TWODEFINITION OF TERMS

Definitions.

Section 5

SEC. 5. Definitions. - As used in this Act: "Air pollutant" means any matter found in the atmosphere other than oxygen, nitrogen, water vapor, carbon dioxide, and the inert gases in their natural or normal concentrations, that is detrimental to health or the environment, which includes but not limited to smoke, dust, soot, cinders, fly ash, solid particles of any kind, gases, fumes, chemical mists, steam and radio-active substances; "Air pollution" means any alteration of the physical, chemical and biological properties of the atmospheric air, or any discharge thereto of any liquid, gaseous or solid substances that will or is likely to create or to render the air resources of the country harmful, detrimental, or injurious to public health, safety or welfare or which will adversely affect their utilization for domestic, commercial, industrial, agricultural, recreational, or other legitimate purposes; "Ambient air quality guideline values" mean the concentration of air over specified periods classified as short-term and long-term which are intended to serve as goals or objectives for the protection of health and/or public welfare. These values shall be used for air quality management purposes such as determining time trends, evaluating stages of deterioration or enhancement of the air quality, and in general, used as basis for taking positive action in preventing, controlling, or abating air pollution; "Ambient air quality" means the general amount of pollution present in a broad area; and refers to the atmosphere's average purity as distinguished from discharge measurements taken at the source of pollution; "Certificate of Conformity" means a certificate issued by the Department of Environment and Natural Resources to a vehicle manufacturer/assembler or importer certifying that a particular new vehicle or vehicle type meets the requirements provided under this Act and its rules and regulations; "Department" means the Department of Environment and Natural Resources; "Eco-profile" means the geographic-based instrument for planners and decision-makers which present an evaluation of the environmental quality and carrying capacity of an area. It is the result of the integration of primary and secondary data and information on natural resources and anthropogenic activities on the land which are evaluated by various environmental risk assessment and forecasting methodologies that enable the Department to anticipate the type of development control necessary in the planning area; "Emission" means any air contaminant, pollutant, gas stream or unwanted sound from a known source which is passed into the atmosphere; "Greenhouse gases" mean those gases that can potentially or can reasonably be expected to induce global warming, which include carbon dioxide, methane, oxides of nitrogen, chlorofluorocarbons, and the like; "Hazardous substances" mean those substances which present either: (1) short-term acute hazards such as acute toxicity by ingestion, inhalation, or skin absorption, corrosivity or other skin or eye contact hazard or the risk of fire explosion; or (2) long-term toxicity upon repeated exposure, carcinogenicity (which in some cases result in acute exposure but with a long latent period), resistance to detoxification process such as biodegradation, the potential to pollute underground or surface waters; "Infectious waste" means that portion of medical waste that could transmit an infectious disease; "Medical waste" means the materials generated as a result of patient diagnosis, treatment, or immunization of human beings or animals; "Mobile source" means any vehicle propelled by or through combustion of carbon-based or other fuel, constructed and operated principally for the conveyance of persons or the transportation of property or goods; "Motor vehicle" means any vehicle propelled by a gasoline or diesel engine or by any means other than human or animal power, constructed and operated principally for the conveyance of persons or the transportation of property or goods in a public highway or street open to public use; "Municipal waste" means the waste materials generated from communities within a specific locality; "New vehicle" means a vehicle constructed entirely from new parts that has never been sold or registered with the DOTC or with the appropriate agency or authority, and operated on the highways of the Philippines, any foreign state or country; "Octane Rating or the Anti-Knock Index (AKI)" means the rating of the anti-knock characteristics of a grade or type of automotive gasoline as determined by dividing by two (2) the sum of the Research Octane Number (RON), plus the Motor Octane Number (MON); the octane requirement, with respect to automotive gasoline for use in a motor vehicle or a class thereof, whether imported, manufactured, or assembled by a manufacturer, shall refer to the minimum octane rating of such automotive gasoline which such manufacturer recommends for the efficient operation of such motor vehicle, or a substantial portion of such class, without knocking; "Ozone Depleting Substances (ODS)" mean those substances that significantly deplete or otherwise modify the ozone layer in a manner that is likely to result in adverse effects on human health and the environment such as, but not limited to, chlorofluorocarbons, halons, and the like; "Persistent Organic Pollutants (POPs)" mean the organic compounds that persist in the environment, bioaccumulate through the food web, and pose a risk of causing adverse effects to human health and the environment. These compounds resist photolytic, chemical and biological degradation, which shall include but not be limited to dioxin, furan, Polychlorinated Biphenyls (PCBs), organochlorine pesticides, such as aldrin, dieldrin, DDT, hexachlorobenzene, lindane, toxaphere and chlordane; "Poisonous and toxic fumes" means any emissions and fumes which are beyond internationally-accepted standards, including but not limited to World Health Organization (WHO) guideline values; "Pollution control device" means any device or apparatus used to prevent, control or abate the pollution of air caused by emissions from identified pollution sources at levels within the air pollution control standards established by the Department; "Pollution control technology" means the pollution control devices, production processes, fuel combustion processes or other means that effectively prevent or reduce emissions or effluent; "Standard of performance" means a standard for emissions of air pollutant which reflects the degree of emission limitation achievable through the application of the best system of emission reduction, taking into account the cost of achieving such reduction and any non-air quality health and environmental impact and energy requirement which the Department determines, and adequately demonstrates; and "Stationary source" means any building or immobile structure, facility or installation which emits or may emit any air pollutant. CHAPTER2AIR QUALITY MANAGEMENT SYSTEM

Air Quality Monitoring and Information Network.

Section 6

SEC. 6. Air Quality Monitoring and Information Network. - The Department shall prepare an annual National Air Quality Status Report which shall be used as the basis in formulating the Integrated Air Quality Improvement Framework, as provided for in Section 7. The said report shall include, but shall not be limited to the following: Extent of pollution in the country, per type of pollutant and per type of source, based on reports of the Department's monitoring stations; Analysis and evaluation of the current state, trends and projections of air pollution at the various levels provided herein; Identification of critical areas, activities, or projects which will need closer monitoring or regulation; Recommendations for necessary executive and legislative action; and Other pertinent qualitative and quantitative information concerning the extent of air pollution and the air quality performance rating of industries in the country. The Department, in cooperation with the National Statistical Coordination Board (NSCB), shall design and develop an information network for data storage, retrieval and exchange. The Department shall serve as the central depository of all data and information related to air quality.

Integrated Air Quality Improvement Framework.

Section 7

SEC. 7. Integrated Air Quality Improvement Framework. - The Department shall, within six (6) months after the effectivity of this Act, establish, with the participation of LGUs, NGOs, POs, the academe and other concerned entities from the private sector, formulate and implement the Integrated Air Quality Improvement Framework for a comprehensive air pollution management and control program. The framework shall, among others, prescribe the emission reduction goals using permissible standards, control strategies and control measures to be undertaken within a specified time period, including cost-effective use of economic incentives, management strategies, collective action, and environmental education and information. The Integrated Air Quality Improvement Framework shall be adopted as the official blueprint with which all government agencies must comply with to attain and maintain ambient air quality standards.

Air Quality Control Action Plan.

Section 8

SEC. 8. Air Quality Control Action Plan. - Within six (6) months after the formulation of the framework, the Department shall, with public participation, formulate and implement an air quality control action plan consistent with Section 7 of this Act. The action plan shall: Include enforceable emission limitations and other control measures, means or techniques, as well as schedules and time tables for compliance, as may be necessary or appropriate to meet the applicable requirements of this Act; Provide for the establishment and operation of appropriate devices, methods, systems and procedures necessary to monitor, compile and analyze data on ambient air quality; Include a program to provide for the following: (1) enforcement of the measures described in subparagraph (a); (2) regulation of the modification and construction of any stationary source within the areas covered by the plan, in accordance with land use policy to ensure that ambient air quality standards are achieved; Contain adequate provisions, consistent with the provisions of this Act, prohibiting any source or other types of emissions activity within the country from emitting any air pollutant in amounts which will significantly contribute to the non-attainment or will interfere with the maintenance by the Department of any such ambient air quality standard required to be included in the implementation plan to prevent significant deterioration of air quality or to protect visibility; Include control strategies and control measures to be undertaken within a specified time period, including cost effective use of economic incentives, management strategies, collection action, and environmental education and information; Designate airsheds; and All other measures necessary for the effective control and abatement of air pollution. The adoption of the plan shall clarify the legal effects on the financial, manpower and budgetary resources of the affected government agencies, and on the alignment of their programs with the plans. In addition to direct regulations, the plan shall be characterized by a participatory approach to the pollution problem. The involvement of private entities in the monitoring and testing of emissions from mobile and/or stationary sources shall be considered. Likewise, the LGUs, with the assistance from the Department, shall prepare and develop an action plan consistent with the Integrated Air Quality Improvement Framework to attain and maintain the ambient air quality standards within their respective airsheds as provided in Section 9 hereof. The local government units shall develop and submit to the Department a procedure for carrying out the action plan for their jurisdiction. The Department, however, shall maintain its authority to independently inspect the enforcement procedure adopted. The Department shall have the power to closely supervise all or parts of the air quality action plan until such time the local government unit concerned can assume the function to enforce the standards set by the Department. A multi-sectoral monitoring team with broad public representation shall be convened by the Department for each LGU to conduct periodic inspections of air pollution sources to assess compliance with the emission limitations contained in their permits.

Airsheds.

Section 9

SEC. 9. Airsheds. - Pursuant to Section 8 of this Act, the designation of airsheds shall be on the basis of, but not limited to areas with similar climate, meteorology and topology which affect the interchange and diffusion of pollutants in the atmosphere, or areas which share common interest or face similar development programs, prospects or problems. For a more effective air quality management, a system of planning and coordination shall be established and a common action plan shall be formulated for each airshed. To effectively carry out the formulated action plans, a Governing Board is hereby created, hereinafter referred to as the Board. The Board shall be headed by the Secretary of the Department of Environment and Natural Resources as chairman. The members shall be as follows: Provincial Governors from areas belonging to the airshed; City/Municipal Mayors from areas belonging to the airshed; A representative from each concerned government agency; Representatives from people's organizations; Representatives from nongovernment organizations; and Representatives from the private sector. The Board shall perform the following functions: Formulation of policies; Preparation of a common action plan; Coordination of functions among its members; and Submission and publication of an annual Air Quality Status Report for each airshed. Upon consultation with appropriate local government authorities, the Department shall, from time to time, revise the designation of airsheds utilizing eco-profiling techniques and undertaking scientific studies. Emissions trading may be allowed among pollution sources within an airshed.

Management of Nonattainment Areas.

Section 10

SEC. 10. Management of Nonattainment Areas. - The Department shall designate areas where specific pollutants have already exceeded ambient standards as nonattainment areas. The Department shall prepare and implement a program that will prohibit new sources of exceeded air pollutant without a corresponding reduction in existing sources. In coordination with other appropriate government agencies, the LGUs shall prepare and implement a program and other measures including relocation, whenever necessary, to protect the health and welfare of residents in the area. For those designated as nonattainment areas, the Department, after consultation with local government authorities, nongovernment organizations (NGOs), people's organizations (POs) and concerned sectors may revise the designation of such areas and expand its coverage to cover larger areas depending on the condition of the areas.

Air Quality Control Techniques.

Section 11

SEC. 11. Air Quality Control Techniques. - Simultaneous with the issuance of the guideline values and standards, the Department, through the research and development program contained in this Act and upon consultation with the appropriate advisory committees, government agencies and LGUs, shall issue, and from time to time, revise information on air pollution control techniques. Such information shall include: Best available technology and alternative methods of prevention, management and control of air pollution; Best available technology economically achievable which shall refer to the technological basis/standards for emission limits applicable to existing, direct industrial emitters of non-conventional and toxic pollutants; and Alternative fuels, processes and operating methods which will result in the elimination or significant reduction of emissions. Such information may also include data relating to the cost of installation and operation, energy requirements, emission reduction benefits, and environmental impact or the emission control technology. The issuance of air quality guideline values, standards and information on air quality control techniques shall be made available to the general public: Provided, That the issuance of information on air quality control techniques shall not be construed as requiring the purchase of certain pollution control devices by the public.

Ambient Air Quality Guideline Values and Standards.

Section 12

SEC. 12. Ambient Air Quality Guideline Values and Standards. - The Department, in coordination with other concerned agencies, shall review and/or revise and publish annually a list of hazardous air pollutants with corresponding ambient guideline values and/or standard necessary to protect public health and safety, and general welfare. The initial list and values of the hazardous air pollutants shall be as follows: (a) For National Ambient Air Quality Guideline for Criteria Pollutants: Short Terma Long Termb Pollutants �g/Ncm ppm Averaging Time �g/Ncm ppm Averaging Time Suspended Particulate Matterc - TSP 230d 24 hours 90 1 yeare - PM-10 150f 24 hours 60 1 yeare Sulfur Dioxidec 180 0.07 24 hours 80 0.03 1 year Nitrogen Dioxide 150 0.08 24 hours -- Photochemical Oxidants 140 0.07 1 hour -. -. -. As Ozone 60 0.03 8 hours -- -- -- Carbon Monoxide 35 mg/Ncm 30 1 hour -- -- -- 10 mg/Ncm 9 8 hours -- -- -- Leadg 1.5 3 monthsg 1.0 -- 1 year a Maximum limits represented by ninety-eight percentile (98%) values not to exceed more than once a year. bArithmetic mean c SO2 and Suspended Particulate matter are sampled once every six days when using the manual methods. A minimum of twelve sampling days per quarter or forty-eight sampling days each year is required for these methods. Daily sampling may be done in the future once continuous analyses are procured and become available. d Limits for Total Suspended Particulate Matter with mass median diameter less that 25-50 �m. e Annual Geometric Mean f Provisional limits for Suspended Particulate Matter with mass median diameter less than 10 microns and below until sufficient monitoring data are gathered to base a proper guideline. g Evaluation of this guideline is carried out for 24-hour averaging time and averaged over three moving calendar months. The monitored average value for any three months shall not exceed the guideline value. (b) For National Ambient Air Quality Standards for Source Specific Air Pollutants from Industrial Sources/Operations: Pollutants1 Concentration2 Averaging time Methods of Analysis/ Measurement �g/Ncm ppm (min) 1. Ammonia 200 0.28 30 Nesslerization/Indo Phenol 2.Carbon Disulfide 30 0.01 30 Tisher Method 3. Chlorine and Chlorine compounds expressed as Cl2 100 0.03 5 Methyl Orange 4. Formaldehyde 50 0.04 30 Chromotropic acid Method or MBTH Colorimetic Method 5.Hydrogen Chloride 200 0.13 30 Volhard Titration with Iodine Solution 6. Hydrogen Sulfide; 100 0.07 30 Methylene Blue 7. Lead 20 30 AASc 8. Nitrogen Dioxide 375 0.20 30 Greiss-Saltzman 260 0.14 60 9. Phenol 100 0.03 30 4-Aminoustiphyline 10. Sulfur Dioxide 470 340 0.18 0.13 30 60 Colorometric-Pararosaniline 11.Suspended Particulate Matter -TSP 300 -- 30 Garvimetric --PM10 200 -- 60 -do- Pertinent ambient standards for Antimony, Arsenic, Cadmium, Asbestos, Nitric Acid and Sulfuric Acid Mists in the 1978 NPCC Rules and Regulations may be considered as guides in determining compliance. Ninety-eight percentile (98%) values of 30-minute sampling measured at 25�C and one atmosphere pressure. Other equivalent methods approved by the department may be used. The basis in setting up the ambient air quality guideline values and standards shall reflect, among others, the latest scientific knowledge including information on: Variable factors, including atmospheric conditions, which of themselves or in combination with other factors may alter the effects on public health or welfare of such air pollutant: The other types of air pollutants which may interact with such pollutant to produce an adverse effect on public health or welfare; and The kind and extent of all identifiable effects on public health or welfare which may be expected from the presence of such pollutant in the ambient air, in varying quantities. The Department shall base such ambient air quality standards on World Health Organization (WHO) standards, but shall not be limited to nor be less stringent than such standards.

Emission Charge System.

Section 13

SEC. 13. Emission Charge System. - The Department, in case of industrial dischargers, and the Department of Transportation and Communications (DOTC), in case of motor vehicle dischargers, shall, based on environmental techniques, design, impose on and collect regular emission fees from said dischargers as part of the emission permitting system or vehicle registration renewal system, as the case may be. The system shall encourage the industries and motor vehicles to abate, reduce, or prevent pollution. The basis of the fees include, but is not limited to, the volume and toxicity of any emitted pollutant. Industries, which shall install pollution control devices or retrofit their existing facilities with mechanisms that reduce pollution shall be entitled to tax incentives such as but not limited to tax credits and/or accelerated depreciation deductions.

Section 14

SEC. 14. Air Quality Management Fund. -An Air Quality Management Fund to be administered by the Department as a special account in the National Treasury is hereby established to finance containment, removal, and clean-up operations of the Government in air pollution cases, guarantee restoration of ecosystems and rehabilitate areas affected by the acts of violators of this Act, to support research, enforcement and monitoring activities and capabilities of the relevant agencies, as well as to provide technical assistance to the relevant agencies. Such fund may likewise be allocated per airshed for the undertakings herein stated. The Fund shall be sourced from the fines imposed and damages awarded to the Republic of the Philippines by the Pollution Adjudication Board (PAB), proceeds of licenses and permits issued by the Department under this Act, emission fees and from donations, endowments and grants in the forms of contributions. Contributions to the Fund shall be exempted from donor taxes and all other taxes, charges or fees imposed by the Government.

Air Pollution Research and Development Program.

Section 15

SEC. 15. Air Pollution Research and Development Program. - The Department, in coordination with the Department of Science and Technology (DOST), other agencies, the private sector, the academe, NGOs and POs, shall establish a National Research and Development Program for the prevention and control of air pollution. The Department shall give special emphasis to research on and the development of improved methods having industry-wide application for the prevention and control of air pollution. Such a research and development program shall develop air quality guideline values and standards in addition to internationally-accepted standards. It shall also consider the socio-cultural, political and economic implications of air quality management and pollution control. ARTICLE TWOAIR POLLUTION CLEARANCES AND PERMITS FOR STATIONARY SOURCES

Permits.

Section 16

SEC. 16. Permits. - Consistent with the provisions of this Act, the Department shall have the authority to issue permits as it may determine necessary for the prevention and abatement of air pollution. Said permits shall cover emission limitations for the regulated air pollutants to help attain and maintain the ambient air quality standards. These permits shall serve as management tools for the LGUs in the development of their action plan.

Emission Quotas.

Section 17

SEC. 17. Emission Quotas. - The Department may allow each regional industrial center that is designated as special airshed to allocate emission quotas to pollution sources within its jurisdiction that qualify under an environmental impact assessment system programmatic compliance program pursuant to the implementing rules and regulations of Presidential Decree No. 1586.

Section 18

SEC. 18. Financial Liability for Environmental Rehabilitation. -As part of the environmental management plan attached to the environmental compliance certificate pursuant to Presidential Decree No. 1586 and rules and regulations set therefor, the Department shall require program and project proponents to put up financial guarantee mechanisms to finance the needs for emergency response, clean-up or rehabilitation of areas that may be damaged during the program or project's actual implementation. Liability for damages shall continue even after the termination of a program or project, where such damages are clearly attributable to that program or project and for a definite period to be determined by the Department and incorporated into the environmental compliance certificate. Financial liability instruments may be in the form of a trust fund, environmental insurance, surety bonds, letters of credit, as well as self-insurance. The choice of the guarantee instrument or combinations thereof shall depend, among others, on the assessment of the risks involved. Proponents required to put up guarantee instruments shall furnish the Department with evidence of availment of such instruments. ARTICLE THREEPOLLUTION FROM STATIONARY SOURCES

Pollution From Stationary Sources.

Section 19

SEC. 19. Pollution From Stationary Sources. - The Department shall, within two (2) years from the effectivity of this Act, and every two (2) years thereafter, review, or as the need therefor arises, revise and publish emission standards, to further improve the emission standards for stationary sources of air pollution. Such emission standards shall be based on mass rate of emission for all stationary sources of air pollution based on internationally-accepted standards, but not be limited to, nor be less stringent than such standards and with the standards set forth in this section. The standards, whichever is applicable, shall be the limit on the acceptable level of pollutants emitted from a stationary source for the protection of the public's health and welfare. With respect to any trade, industry, process and fuel-burning equipment or industrial plant emitting air pollutants, the concentration at the point of emission shall not exceed the following limits: Pollutants Standard Applicable to Source Maximum Permissible Limits (mg/Ncm) Method of Analysisa 1. Antimony and its compounds Any source 10 as Sb AASb 2. Arsenic and its compounds Any source 10 as As AASb 3. Cadmium and its compounds Any source 10 as Cd AASb 4. Carbon monoxide Any industrial source 500 as CO Orsat Analysis 5. Copper and its compounds Any industrial source 100 as Cu AASb 6. Hydrofluoric Acids and Fluoride compounds Any source other than the manufacture of Aluminum from Alumina 50 as HF Titration with Ammonium Thiocyanate 7. Hydrogen Sulfide i)Geothermal power plants ii)Geothermal exploration and well-testing iii)Any source other than (i) and (ii) c, d e 7 as H2S Cadmium Sulfide Method Cadmium Sulfide Method 8. Lead Any trade industry or process 10 as Pb AASb 9. Mercury Any source 5 as elemental Hg AASb/ Cold-Vapor Technique or Hg Analyzer 10. Nickel and its compounds, except Nickel Carbonyl Any source 20 as Ni AASb 11. NOx i) Manufacture of Nitric Acid ii) Fuel burning steam generators Existing Source New Source * Coal-fired * Oil-fired iii) Any source other than (i) and (ii) Existing Source New Source 2,000 as acid and NOx and calculated as NO2 1,500 as NO2 1,000 as NO2 500 as NO2 1,000 as NO2 500 as NO2 Phenol-disulfonic acid Method Phenol-disulfonic acid Method Phenol-disulfonic 12. Phosphorus Fentoxide Any source 200 as P2O5 Spectrophotoimetry 13. Zinc and its compounds Any source 100 as Zn AASb a Other equivalent methods approved by the Department may be used. " Atomic Absorption Spectrophometry c All new geothermal power plants starting construction by 01 January 1995 shall control HsS emissions to not more than 150g/GMW-Hr " All existing geothermal power plants shall control HsS emissions to not more than 200g/GMW-Hr. within 5 years from the date of efectivity of these revised regulations. e Best practicable control technology for air emissions and liquid discharges. Compliance with air and water quality standards is required. 1 Emission limit of Nickel Carbonyl shall not exceed 0.5 mg/Ncm. Provisional Guideline Provided, That the maximum limits in mg/Ncm particulates in said sources shall be: 1. Fuel burning Equipment (a) Urban or Industrial Area 150 mg/Ncm (b) Other Area 200 mg/Ncm 2. Cement Plants (Kilns, etc.) 150 mg/Ncm 3. Smelting Furnaces 150 mg/Ncm 4. Other Stationary Sourcesa 200 mg/Ncm a Other Stationary Sources means a trade, process, industrial plant, or fuel burning equipment other than thermal power plants, industrial boilers, cement plants, incinerators and smelting furnaces Provided, further, That the maximum limits for sulfur oxides in said sources shall be: (1) Existing Sources (i) Manufacture of Sulfuric Acid and Sulf(on)ation Process 2.0 gm. Ncm as SO3 (ii) Fuel Burning Equipment 1.5 gm. Ncm as SO2 (iii) Other Stationary Sourcesa 1.0 gm. Ncm as SO3 (2) New Sources (i) Manufacture of Sulfuric Acid and Sulf(on)ation Process 1.5 gm. Ncm as SO3 (ii) Fuel Burning Equipment 0.7 gm. Ncm as SO2 (iii) Other Stationary Sourcesa 0.2 gm. Ncm as SO3 a Other Stationary Sources refer to existing and new stationary sources other than those caused by the manufacture of sulfuric acid and sulfonation process, fuel burning equipment and incineration. For stationary sources of pollution not specifically included in the immediately preceding paragraph, the following emission standards shall not be exceeded in the exhaust gas: I. Daily And Half Hourly Average Values Daily Average Values Half Hourly Average Values Total dust 10 mg/m3 30 mg/m3 Gaseous and vaporous organic substances, expressed as total organic carbon 10 mg/m3 20 mg/m3 Hydrogen chloride (HCl) 10 mg/m3 60 mg/m3 Hydrogen fluoride (HF) 1 mg/m3 4 mg/m3 Sulphur dioxide (SO2) 50 mg/m3 200 mg/m3 Nitrogen monoxide (NO) and nitrogen dioxide (NO2), expressed as nitrogen dioxide for incineration plants with a capacity exceeding 3 tonnes per hour 200 mg/m3 400 mg/m3 Nitrogen monoxide (NO) and nitrogen dioxide (NO2), expressed as nitrogen dioxide for incineration plants with a capacity of 3 tonnes per hour or less 300 mg/m3 Ammonia 10 mg/m3 20 mg/m3 II. All Average Values over the Sample Period of a Minimum of 4 and Maximum of 8 Hours Cadmium and its compounds, expressed as cadmium (Cd) total 0.05 mg/m Thallium and its compounds, expressed as thallium (Tl) Mercury and its compounds, expressed as mercury (Hg) 0.05 mg/m3 Antimony and its compounds, expressed as antimony (Sb) total 0.5 mg/m3 Arsenic and its compounds, expressed as arsenic (As) Lead and its compounds, expressed as lead (Pb) Chromium and its compounds, expressed as chromium (Cr) Cobalt and its compounds, expressed as cobalt (Co) Copper and its compounds, expressed as copper (Cu) Manganese and its compounds, expressed as manganese (Mn) Nickel and its compounds, expressed as nickel (Ni) Vanadium and its compounds, expressed as vanadium (V) Tin and its compounds, expressed as tin (Sn) These average values cover also gaseous and the vapor forms of the relevant heavy metal emission as well as their compounds: Provided, That the emission of dioxins and furans into the air shall be reduced by the most progressive techniques: Provided further, That all average values of dioxin and furans measured over the sample period of a minimum of 6 hours and a maximum of 8 hours must not exceed the limit value of 0.1 nanogram/m3. Pursuant to Section 8 of this Act, the Department shall prepare a detailed action plan setting the emission standards or standards of performance for any stationary source, the procedure for testing emissions for each type of pollutant, and the procedure for enforcement of said standards. Existing industries, which are proven to exceed emission rates established by the Department, in consultation with stakeholders, after a thorough, credible and transparent measurement process shall be allowed a grace period of eighteen (18) months for the establishment of an environmental management system and the installation of an appropriate air pollution control device: Provided, That an extension of not more than twelve (12) months may be allowed by the Department on meritorious grounds.

Ban on Incineration.

Section 20

SEC. 20. Ban on Incineration. - Incineration, hereby defined as the burning of municipal, bio- medical and hazardous wastes, which process emits poisonous and toxic fumes, is hereby prohibited: Provided, however, That the prohibition shall not apply to traditional small-scale method of community/ neighborhood sanitation "siga," traditional, agricultural, cultural, health, and food preparation and crematoria: Provided, further, That existing incinerators dealing with bio-medical wastes shall be phased out within three (3) years after the effectivity of this Act: Provided, finally, That in the interim, such units shall be limited to the burning of pathological and infectious wastes, and subject to close monitoring by the Department. Local government units are hereby mandated to promote, encourage and implement in their respective jurisdiction a comprehensive ecological waste management that includes waste segregation, recycling and composting. With due concern on the effects of climate change, the Department shall promote the use of state-of-the-art, environmentally-sound and safe non-burn technologies for the handling, treatment, thermal destruction, utilization, and disposal of sorted, unrecycled, uncomposted municipal, bio-medical and hazardous wastes. ARTICLE FOURPOLLUTION FROM MOTOR VEHICLES

Pollution from Motor Vehicles.

Section 21

SEC. 21. Pollution from Motor Vehicles. - (a) The DOTC shall implement the emission standards for motor vehicles set pursuant to and as provided in this Act. To further improve the emission standards, the Department shall review, revise and publish the standards every two (2) years, or as the need arises. It shall consider the maximum limits for all major pollutants to ensure substantial improvement in air quality for the health, safety and welfare of the general public. The following emission standards for type approval of motor vehicles shall be effective by the year 2003: (a) For light duty vehicles, the exhaust emission limits for gaseous pollutants shall be: Emission Limits for Light Duty VehiclesType Approval (Directive 91/441/EEC) CO (g/km) HC + NOx (g/km) PMa (g/km) 2.72 0.97 0.14 a for compression-ignition engines only (b) For light commercial vehicles, the exhaust emission limit of gaseous pollutants as a function of the the given reference mass shall be: Emission Limits for Light Commercial VehiclesType Approval(Directive 93/59/EEC) Reference Weight (RW) (kg) CO (g/km) HC + NOx (g/km) PM3 (g/km) Category 1 1250< RW 2.72 0.97 0.14 Category 2 1250< RW < 1700 5.17 1.4 0.19 Category 3 RW>1700 6.9 1.7 0.25 a for compression-ignition engines only (c) For heavy duty vehicles, the exhaust emission limits of gaseous pollutants shall be: Emission Limits for Heavy Duty VehiclesType Approval(Directive 91/542/EEC) CO (g/kWh) HC (g/kWh) NOx (g/kWh) PM (g/kWh) 4.5 1.1 8.0 0.36a a In the case of engines of 85 kW or less, the limit value for particular emissions is increased by multiplying the quoted limit by a coefficient of 1.7 Fuel evaporative emission for spark-ignition engines shall not exceed 2.0 grams hydrocarbons per test. Likewise, it shall not allow any emission of gases from crankcase ventilation system into the atmosphere. (b) The Department, in collaboration with the DOTC, DTI and LGUs, shall develop an action plan for the control and management of air pollution from motor vehicles consistent with the Integrated Air Quality Framework. The DOTC shall enforce compliance with the emission standards for motor vehicles set by the Department. The DOTC may deputize other law enforcement agencies and LGUs for this purpose. To this end, the DOTC shall have the power to: Inspect and monitor the emissions of motor vehicles; Prohibit or enjoin the use of motor vehicles or a class of motor vehicles in any area or street at specified times; and Authorize private emission testing centers duly accredited by the DTI. (c) The DOTC, together with the DTI and the Department, shall establish the procedures for the inspection of motor vehicles and the testing of their emissions for the purpose of determining the concentration and/or rate of emission of pollutants discharged by said sources. (d) In order to ensure the substantial reduction of emissions from motor vehicles, the Department of Trade and Industry (DTI), together with the DOTC and the Department, shall formulate and implement a national motor vehicle inspection and maintenance program that will promote efficient and safe operation of all motor vehicles. In this regard, the DTI shall develop and implement standards and procedures for the certification of training institutions, instructors and facilities and the licensing of qualified private service centers and their technicians as prerequisite for performing the testing, servicing, repair and the required adjustment to the vehicle emission system. The DTI shall likewise prescribe regulations requiring the disclosure of odometer readings and the use of tamper-resistant odometers for all motor vehicles including tamper-resistant fuel management systems for the effective implementation of the inspection and maintenance program.

Section 22

SEC. 22. Regulation of All Motor Vehicles and Engines. -Any imported new or locally-assembled new motor vehicle shall not be registered unless it complies with the emission standards set pursuant to this Act, as evidenced by a Certificate of Conformity (COC) issued by the Department. Any imported new motor vehicle engine shall not be introduced into commerce, sold or used unless it complies with emission standards set pursuant to this Act. Any imported used motor vehicle or rebuilt motor vehicle using new or used engines, major parts or components shall not be registered unless it complies with the emission standards set pursuant to this Act. In case of non-compliance, the importer or consignee may be allowed to modify or rebuild the vehicle or engine so that it will be in compliance with applicable emission standards. No motor vehicle registration (MVR) shall be issued unless such motor vehicle passes the emission testing requirement promulgated in accordance with this Act. Such testing shall be conducted by the DOTC or its authorized inspection centers within sixty (60) days prior to date of registration. The DTI shall promulgate the necessary regulations prescribing the useful life of vehicles and engines including devices in order to ensure that such vehicles will conform to the emissions which they were certified to meet. These regulations shall include provisions for ensuring the durability of emission devices.

Second-Hand Motor Vehicle Engines.

Section 23

SEC. 23. Second-Hand Motor Vehicle Engines. - Any imported second-hand motor vehicle engine shall not be introduced into commerce, sold or used unless it complies with emission standards set pursuant to this Act. ARTICLE FIVEPOLLUTION FROM OTHER SOURCES

Pollution from Smoking.

Section 24

SEC. 24. Pollution from Smoking. - Smoking inside a public building or an enclosed public place including public vehicles and other means of transport or in any enclosed area outside of one's private residence, private place of work or any duly designated smoking area is hereby prohibited under this Act. This provision shall be implemented by the LGUs.

Pollution from Other Mobile Sources.

Section 25

SEC. 25. Pollution from Other Mobile Sources. - The Department, in coordination with appropriate agencies, shall formulate and establish the necessary standards for all mobile sources other than those referred to in Section 21 of this Act. The imposition of the appropriate fines and penalties from these sources for any violation of emission standards shall be under the jurisdiction of the DOTC. CHAPTER3FUELS, ADDITIVES, SUBSTANCES ANDPOLLUTANTSARTICLE ONEFUELS, ADDITIVE AND SUBTANCES

Fuels and Additives.

Section 26

SEC. 26. Fuels and Additives. - Pursuant to the Air Quality Framework to be established under Section 7 of this Act, the Department of Energy (DOE), co-chaired by the Department of Environment and Natural Resources (DENR), in consultation with the Bureau of Product Standards (BPS) of the DTI, the DOST, the representatives of the fuel and automotive industries, academe and the consumers shall set the specifications for all types of fuel and fuel-related products, to improve fuel composition for increased efficiency and reduced emissions: Provided, however, That the specifications for all types of fuel and fuel-related products set-forth pursuant to this section shall be adopted by the BPS as Philippine National Standards (PNS). The DOE, shall also specify the allowable content of additives in all types of fuels and fuel-related products. Such standards shall be based primarily on threshold levels of health and research studies. On the basis of such specifications, the DOE shall likewise limit the content or begin the phase-out of additives in all types of fuels and fuel-related products as it may deem necessary. Other agencies involved in the performance of this function shall be required to coordinate with the DOE and transfer all documents and information necessary for the implementation of this provision. Consistent with the provisions of the preceding paragraphs under this section, it is declared that: not later than eighteen (18) months after the effectivity of this Act, no person shall manufacture, import, sell, supply, offer for sale, dispense, transport or introduce into commerce unleaded premium gasoline fuel which has an anti-knock index (AKI) of not less than 87.5 and Reid vapor pressure of not more than 9 psi. Within six (6) months after the effectivity of this Act, unleaded gasoline fuel shall contain aromatics not to exceed forty-five percent (45%) by volume and benzene not to exceed four percent (4%) by volume: Provided, That by year 2003, unleaded gasoline fuel should contain aromatics not to exceed thirty-five percent (35%) by volume and benzene not to exceed two percent (2%) by volume; not later than eighteen (18) months after the effectivity of this Act, no person shall manufacture, import, sell, supply, offer for sale, dispense, transport or introduce into commerce automotive diesel fuel which contains a concentration of sulfur in excess of 0.20% by weight with a cetane number or index of not less than forty-eight (48): Provided, That by year 2004, content of said sulfur shall be 0.05% by weight; and not later than eighteen (18) months after the effectivity of this Act, no person shall manufacture, import, sell, supply, offer for sale, dispense, transport or introduce into commerce industrial diesel fuel which contains a concentration of sulfur in excess of 0.30% (by weight). Every two (2) years thereafter or as the need arises, the specifications of unleaded gasoline and of automotive and industrial diesel fuels shall be reviewed and revised for further improvement in formulation and in accordance with the provisions of this Act. The fuels characterized above shall be commercially available. Likewise, the same shall be the reference fuels for emission and testing procedures to be established in accordance with the provisions of this Act. Any proposed additive shall not in any way increase emissions of any of the regulated gases which shall include, but not limited to carbon monoxide, hydrocarbons, and oxides of nitrogen and particulate matter, in order to be approved and certified by the Department.

Regulation of Fuels and Fuel Additives.

Section 27

SEC. 27. Regulation of Fuels and Fuel Additives. - The DOE, in coordination with the Department and the BPS, shall regulate the use of any fuel or fuel additive. No manufacturer, processor or trader of any fuel or additive may import, sell, offer for sale, or introduce into commerce such fuel or additive unless the same has been registered with the DOE. Prior to registration, the manufacturer, processor or trader shall provide the DOE with the following relevant information: Product identity and composition to determine the potential health effects of such fuels and additives; Description of the analytical technique that can be used to detect and measure the additive in any fuel; Recommended range of concentration; and Purpose in the use of the fuel and additive.

Misfueling.

Section 28

SEC. 28. Misfueling. - In order to prevent the disabling of any emission control device by lead contamination, no person shall introduce or cause or allow the introduction of leaded gasoline into any motor vehicle equipped with a gasoline tank filler inlet and labeled "unleaded gasoline only." This prohibition shall also apply to any person who knows or should know that such vehicle is designed solely for the use of unleaded gasoline.

Section 29

SEC. 29. Prohibition on Manufacture, Import and Sale of Leaded Gasoline and of Engines and/or Components Requiring Leaded Gasoline. - Effective not later than eighteen (18) months after the enactment of this Act, no person shall manufacture, import, sell, offer for sale, introduce into commerce, convey or otherwise dispose of, in any manner leaded gasoline and engines and components requiring the use of leaded gasoline. For existing vehicles, the DTI shall formulate standards and procedures that will allow non-conforming engines to comply with the use of unleaded fuel within five (5) years after the effectivity of this Act. ARTICLE TWOOTHER POLLUTANTS

Ozone-Depleting Substances.

Section 30

SEC. 30. Ozone-Depleting Substances. - Consistent with the terms and conditions of the Montreal Protocol on Substances that Deplete the Ozone Layer and other international agreements and protocols to which the Philippines is a signatory, the Department shall phase out ozone-depleting substances. Within sixty (60) days after the enactment of this Act, the Department shall publish a list of substances which are known to cause harmful effects on the stratospheric ozone layer.

Greenhouse Gases.

Section 31

SEC. 31. Greenhouse Gases. - The Philippine Atmospheric, Geophysical and Astronomical Service Administration (PAGASA) shall regularly monitor meteorological factors affecting environmental conditions including ozone depletion and greenhouse gases and coordinate with the Department in order to effectively guide air pollution monitoring and standard-setting activities. The Department, together with concerned agencies and local government units, shall prepare and fully implement a national plan consistent with the United Nations Framework Convention on Climate Change and other international agreements, conventions and protocols on the reduction of greenhouse gas emissions in the country.

Persistent Organic Pollutants.

Section 32

SEC. 32. Persistent Organic Pollutants. - The Department shall, within a period of two (2) years after the enactment of this Act, establish an inventory list of all sources of Persistent Organic Pollutants (POPs) in the country. The Department shall develop short-term and long-term national government programs on the reduction and elimination of POPs such as dioxins and furans. Such programs shall be formulated within a year after the establishment of the inventory list.

Section 33

SEC. 33. Radioactive Emissions. -All projects which will involve the use of atomic and/or nuclear energy, and will entail release and emission of radioactive substances into the environment, incident to the establishment or possession of nuclear energy facilities and radioactive materials, handling, transport, production, storage, and use of radioactive materials, shall be regulated in the interest of public health and welfare by the Philippine Nuclear Research Institute (PNRI), in coordination with the Department and other appropriate government agencies.