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

SEC. 2. Declaration of Principles. - The State shall protect and advance the right of the people to a  balanced and healthful ecology in accord with the rhythm and harmony of nature.

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

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

The State also recognizes the principle that “polluters must pay”.

Finally, the State recognizes that a clean and healthy environment is for the good of all and should, therefore, be  the concern of all.

SEC. 3. Declaration of Policies. - The State shall pursue a policy of balancing development and  environmental protection. To achieve this end, the frame work for sustainable development shall be pursued. It  shall be the policy of the State to:

[a] Formulate a holistic national program of air pollution management that shall be implemented by the  government through proper delegation and effective coordination of functions and activities;

[b] Encourage cooperation and self-regulation among citizens and industries through the application of  market-based instruments;

[c] Focus primarily on pollution prevention rather than on control and provide for a comprehensive  management program for air pollution;

[d] Promote public information and education and to encourage the participation of an informed and active  public in air quality planning and monitoring; and

[e] Formulate and enforce a system of accountability for short and long-term adverse environmental impact of a  project, program or activity. This shall include the setting up of a funding or guarantee mechanism for clean-up  and environmental rehabilitation and compensation for personal damages.

[a] The right to breathe clean air;

[b] The right to utilize and enjoy all natural resources according to the principles of sustainable development;

[c] The right to participate in the formulation, planning, implementation and monitoring of environmental policies  and programs and in the decision-making process;

[d] The right to participate in the decision-making process concerning development policies, plans and  programs projects or activities that may have adverse impact on the environment and public health;

[e] The right to be informed of the nature and extent of the potential hazard of any activity, undertaking or project  and to be served timely notice of any significant rise in the level of pollution and the accidental or deliberate
release into the atmosphere of harmful or hazardous substances;

[f] The right of access to public records which a citizen may need to exercise his or her rights effectively under  this Act;

[g] The right to bring action in court or quasi-judicial bodies to enjoin all activities in violation of environmental  laws and regulations, to compel the rehabilitation and cleanup of affected area, and to seek the imposition of  penal sanctions against violators of environmental laws; and

[h] The right to bring action in court for compensation of personal damages resulting from the adverse  environmental and public health impact of a project or activity.

SEC. 5. Definitions.- As used in this Act:

a) “Air pollutant” means any matter found in the atmosphere other than oxygen, nitrogen, water vapor, carbon  dioxide, and the inert gases in their natural or normal concentrations, that is detrimental to health or the  environment, which includes, but not limited to smoke, dust, soot, cinders, fly ash, solid particles of any kind,  gases, fumes, chemical mists, steam and radioactive substances;

b) “Air pollution” means any alteration of the physical, chemical and biological properties of the atmospheric  air, or any discharge thereto of any liquid, gaseous or solid substances that will or is likely to create or to render  the air resources of the country harmful, detrimental, or injurious to public health, safety or welfare or which will  adversely affect their utilization for domestic, commercial, industrial, agricultural, recreational, or other legitimate  purposes;

c) “Ambient air quality guideline values” means the concentration of air over specified periods classified as  short-term and long-term which are intended to serve as goals or objectives for the protection of health and/or  public welfare. These values shall be used for air quality management purposes such as determining time  trends, evaluating stages of deterioration or enhancement of the air quality, and in general, used as basis for  taking positive action in preventing, controlling, or abating air pollution;

d) “Ambient air quality” means the general amount of pollution present in a broad area; and refers to the  atmosphere’s average purity as distinguished from discharge measurements taken at the source of pollution;

e) “Certificate of Conformity” means a certificate issued by the Department of Environment and Natural  Resources to a vehicle manufacturer / assembler or importer certifying that a particular new vehicle or vehicle  type meets the requirements provided under this Act and its rules and regulations;

f) “Department” means the Department of Environment and Natural Resources;

g)“Eco-profile” means the geographic-based instrument for planners and decision makers which present an  evaluation of the environment quality and carrying capacity of an area. It is the result of the integration of primary  data and information on natural resources and antropogenic activities on the land which were evaluated by various  environmental risk assessment and forecasting methodologies that enable the Department to anticipate the  type of development control necessary in the planning area.

h)“Emission” means any air contaminant, pollutant, gas stream or unwanted sound from a known source  which is passed into the atmosphere;

i) “Greenhouse gases” means those gases that can potentially or can reasonably be expected to induce  global warming, which include carbon dioxide, oxides of nitrogen, chloroflourocarbons, and the like;

j) “Hazardous substances” means those substances which present either: (1) short-term acute hazards such  as acute toxicity by ingestion, inhalation, or skin absorption, corrosivity or other skin or eye contact hazard or  the risk of fire explosion; or (2) long-term toxicity upon repeated exposure, carcinogecity (which in some cases  result in acute exposure but with a long latent period), resistance to detoxification process such as  biodegradation, the potential to pollute underground or surface waters;

k) “Infectious waste” means that portion of medical waste that could transmit an infectious disease;

l) “Medical waste” means the materials generated as a result of patient diagnosis, treatment, or immunization  of human beings or animals;

m) “Mobile source” means any vehicle propelled by or through combustion of carbon-based or other fuel,  constructed and operated principally for the conveyance of persons or the transportation of property goods;

n) “Motor vehicle” means any vehicle propelled by a gasoline or diesel engine or by any means other than  human or animal power, constructed and operated principally for the conveyance of persons or the  transportation of property or goods in a public highway or street open to public use;

o) “Municipal waste” means the waste materials generated from communities within a specific locality;

p) "New vehicle” means a vehicle constructed entirely from new parts that has never been sold or registered  with the DOTC or with the appropriate agency or authority, and operated on the highways of the Philippines,  any foreign state or country;

q) “Octane Rating or the Anti-Knock Index(AKI)” means the rating of the anti-knock characteristics of a grade  or type of automotive gasoline as determined by dividing by two (2) the sum of the Research Octane Number  (RON), plus the Motor Octane Number (MON); the octane requirement, with respect to automotive gasoline for  use in a motor vehicle or a class thereof, whether imported, manufactured, or assembled by a manufacturer,  shall refer to the minimum octane rating of such automotive gasoline which such manufacturer recommends  for the efficient operation of such motor vehicle, or a substantial portion of such class, without knocking;

r) “Ozone Depleting Substances (ODS)” means those substances that significantly deplete or otherwise  modify the ozone layer in a manner that is likely to result in adverse effects of human health and the  environment such as, but not limited to, chloroflourocarbons, halons and the like;

s) “Persistent Organic Pollutants (POPs)” means the organic compounds that persist in the environment,  bioaccumulate through the food web, and pose a risk of causing adverse effects to human health and the  environment.  These compounds resist photolytic, chemical and biological degradation, which shall include but  not be limited to dioxin, furan, Polychlorinated Biphenyls (PCBs), organochlorine pesticides, such as aldrin, dieldrin, DDT, hexachlorobenzene, lindane, toxaphere and chlordane;

t) “Poisonous and toxic fumes” means any emissions and fumes which are beyond internationally - accepted  standards, including but not limited to the World Health Organization (WHO) guideline values;

u) “Pollution control device" means any device or apparatus used to prevent, control or abate the pollution of  air caused by emissions from identified pollution sources at levels within the air pollution control standards
established by the Department;

v) “Pollution control technology” means the pollution control devices, production process, fuel combustion  processes or other means that effectively prevent or reduce emissions or effluent;

w) “Standard of performance" means a standard for emissions of air pollutant which reflects the degree of  emission limitation achievable through the application of the best system of emission reduction, taking into  account the cost of achieving such reduction and any non-air quality health and environmental impact and  energy requirement which the Department determines, and adequately demonstrates; and

x) “Stationary source” means any building or immobile structure, facility or installation which emits or may emit  any air pollutant.

SEC. 6. Air Quality Monitoring and Information Network.- The Department shall prepare an annual National Air  Quality Status Report which shall be used as the basis in formulating the Integrated Air Quality Improvement  Framework, as provided for in Sec. 7. The said report shall include, but shall not be limited to the following:

a) Extent of pollution in the country, per type of pollutant and per type of source, based on reports of the  Department’s monitoring stations;

b) Analysis and evaluation of the current state, trends and projections of air pollution at the various levels  provided herein;

c) Identification of critical areas, activities, or projects which will need closer monitoring or regulation;

d) Recommendations for necessary executive and legislative action; and

e) Other pertinent qualitative and quantitative information concerning the extent of air pollution and the air  quality performance rating of industries in the country.

The Department shall serve as the central depository of all data and information related to air quality.

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

The Integrated Air Quality Improvement Framework shall be adopted as the official blueprint with which all  government agencies must comply with to attain and maintain ambient air quality standards.

SEC. 8.  Air Quality Control Action Plan.- Within six (6) months after the formulation of the framework, the  Department shall, with public participation, formulate and implement an air quality control action plan consistent  with Sec. 7 of this Act. The action plan shall:

a) Include enforceable emission limitations and other control measures, means or techniques, as well as  schedules and time tables for compliance, as may be necessary or appropriate to meet the applicable  requirements of this Act;

b) Provide for the establishment and operation of appropriate devices, methods, systems and procedures  necessary to monitor, compile and analyze data on ambient air quality;

c) Include a program to provide for the following: (1) enforcement of the measures described in subparagraph [a]; (2) regulation of the modification and construction of any stationary source within the areas  covered by the plan, in accordance with land use policy to ensure that ambient air quality standards are  achieved;
 
d) Contain adequate provisions, consistent with the provisions of this Act, prohibiting any source or other types  of emissions activity within the country from emitting any air pollutant in amounts which will significantly  contribute to the non-attainment or will interfere with the maintenance by the Department of any such ambient  air quality standard required to be included in the implementation plan to prevent significant deterioration of air quality or to protect visibility;
 
e) Include control strategies and control measures to be undertaken within a specified time period, including  cost effective use of economic incentives, management strategies, collection action and environmental  education and information;
 
f) Designate airsheds; and
 
g) All other measures necessary for the effective control and abatement of air pollution.

In addition to direct regulations, the plan shall be characterized by a participatory approach to the pollution  problem. The involvement of private entities in the monitoring and testing of emissions from mobile and/or  stationary sources shall be considered.

Likewise, the LGU’s, with the assistance from the Department, shall prepare and develop an action plan  consistent with the Integrated Air Quality Improvement Framework to attain and maintain the ambient air quality  standards within their respective airsheds as provided in Sec. 9 hereof.

The local government units shall develop and submit to the Department a procedure for carrying out the  action plan for their jurisdiction. The Department, however, shall maintain its authority to independently inspect  the enforcement procedure adopted. The Department shall have the power to closely supervise all or parts of   the air quality action plan until such time the local government unit concerned can assume the function to  enforce the standards set by the Department.

A multi-sectoral monitoring team with broad public representation shall be convened by the Department for  each LGU to conduct periodic inspections of air pollution sources to assess compliance with emission  limitations contained in their permits.

SEC. 9. Airsheds.- Pursuant to Sec. 8 of this Act, the designation of airsheds shall be on the basis of, but not  limited to, areas with similar climate, meteorology and topology which affect the interchange and diffusion of  pollutants in the atmosphere, or areas which share common interest or face similar development programs,  prospects or problems.

For a more effective air quality management, a system of planning and coordination shall be established and a  common action plan shall be formulated for each airshed.

To effectively carry out the formulated action plans, a Governing Board is hereby created, hereinafter referred  to as the Board.

The Board shall be headed by the Secretary of the Department of Environment and Natural Resources as  chairman. The members shall be as follows:

a) Provincial Governors from areas belonging to the airshed;

b) City/Municipal Mayors from areas belonging to the airshed;

c) A representative from each concerned government agency;

d) Representatives from people’s organizations;

e) Representatives from non-government organizations; and

f) Representatives from the private sector.

a) Formulation of policies;

b) Preparation of a common action plan;

c) Coordination of functions among its members; and

d) Submission and publication of an annual Air Quality Status Report for each airshed.

Emissions trading may be allowed among pollution sources within an airshed.

SEC. 10. Management of Non-attainment Areas.- The Department shall designate areas where specific
pollutants have already exceeded ambient standards as non-attainment areas. The Department shall prepare  and implement a program that will prohibit new sources of exceeded air pollutant without a corresponding  reduction in existing resources.

In coordination with other appropriate government agencies, the LGUs shall prepare and implement a
program and other measures including relocation, whenever necessary, to protect the health and welfare of  residents in the area.

For those designated as nonattainment areas, the Department, after consultation with local government  authorities, nongovernment organizations (NGOs), people’s organizations (POs) and concerned sectors may  revise the designation of such areas and expand its coverage to cover larger areas depending on the  condition of the areas.

SEC. 11.  Air Quality Control Techniques.- Simultaneous with the issuance of the guideline values and  standards, the Department, through the research and development program contained in this Act and upon  consultation with appropriate advisory committees, government agencies and LGUs, shall issue, and from time  to time, revise information on air pollution control techniques.
 
Such information shall include:

a) Best available technology and alternative methods of prevention, management and control of air pollution;

b) Best available technology economically achievable which shall refer to the technological basis/standards  for emission limits applicable to existing, direct industrial emitters of nonconventional and toxic pollutants; and

c) Alternative fuels, processes and operating methods which will result in the eliminator or significant reduction  of emissions.

The issuance of air quality guideline values, standards and information on air quality control techniques shall  be made available to the general public: Provided, That the issuance of information on air quality control  techniques shall not be construed as requiring the purchase of certain pollution control devices by the public.

SEC. 12. Ambient Air Quality Guideline Values and Standards.- The Department, in coordination with
other concerned agencies, shall review and or revise and publish annually a list of hazardous air pollutants  with corresponding ambient guideline values and/or standard necessary to protect health and safety, and  general welfare. The initial list and values of the hazardous air pollutants shall be as follows:

a) For National Ambient Air Quality Guideline for Criteria Pollutants:
 
 

^a Maximum limits represented by ninety-eight percentile (98%) values not to be exceed more than once a year.

^b Arithmetic mean

^c SO2 and Suspended Particulate matter are sampled once every six days when using the manual methods. A minimum of twelve sampling days per quarter of forty-eight sampling days each year is required for these methods. Daily sampling may be done in the future once continuous analyzers are procured and become available.

^d Limits for Total Suspended Particulate Matter with mass median diameter less than 25-50 um.

^e Annual Geometric Mean

^f Provisional limits for Suspended Particulate Matter with mass median diameter less than 10 microns and below until sufficient monitoring data are gathered to base a proper guideline.

^g Evaluation of this guideline is carried out for 24-hour averaging time and averaged over three moving calendar months. The monitored average value for any three months shall not exceed the guideline value.

Industrial Sources/ Operations:

 ¹ Pertinent ambient standards for Antimony, Arsenic, Cadmium, Asbestos, Nitric Acid and Sulfuric Acid Mists in the 1978 NPCC Rules and Regulations may be considered as guides in determining compliance.

² Ninety-eight percentile (98%) values of 30-minute sampling measured at 25⁰C and one atmosphere pressure.

³ Other equivalent methods approved by the Department may be used.

a) Variable, including atmospheric conditions, which of themselves or in combination with other factors may alter the effects on public health or welfare of such air pollutant;

b) The other types of air pollutants which may interact with such pollutant to produce an adverse effect on public health or welfare; and

c) The kind and extent of all identifiable effects on public health or welfare which may be expected from presence of such pollutant in the ambient air, in varying quantities.

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

SEC. 14. Air Quality Management Fund.- An Air Quality Management Fund to be administered by the
Department as a special account in the National Treasury is hereby established to finance containment,  removal, and clean-up operations of the Government in air pollution cases, guarantee restoration of  ecosystems and rehabilitate areas affected by the acts of violators of this Act, to support research, enforcement  and monitoring activities and capabilities of the relevant agencies, as well as to provide technical assistance to  the relevant agencies. Such fund may likewise be allocated per airshed for the undertakings herein stated.

The Fund shall be sourced from the fines imposed and damages awarded to the Republic of the Philippines  by the Pollution Adjudication Board (PAB), proceeds of licenses and permits issued by the Department under  this Act, emission fees and from donations, endowments and grants in the forms of contributions. Contributions  to the Fund shall be exempted from donor taxes and all other taxes, charges or fees imposed by the  Government.

SEC. 15. Air Pollution Research and Development Program.- The Department, in coordination with the  Department of Science and Technology (DOST), other agencies, the private sector, the academe, NGO’s and  PO’s, shall establish a National Research and Development Program for the prevention and control of air  pollution. The Department shall give special emphasis to research on and the development of improved  methods having industry-wide application for the prevention and control of air pollution.

Such a research and development program shall develop air quality guideline values and standards in  addition to internationally-accepted standards. It shall also consider the socio-cultural, political and economic  implications of air quality management and pollution control.

SEC. 16. Permits.- Consistent with the provisions of this Act, the Department shall have the authority to issue  permits as it may determine necessary for the prevention and abatement of air pollution.

Said permits shall cover emission limitations for the regulated air pollutants to help attain and maintain the  ambient air quality standards. These permits shall serve as management tools for the LGUs in the  development of their action plan.

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

SEC. 18. Financial Liability for Environmental Rehabilitation.- As part of the environmental management plan  attached to the environmental compliance certificate pursuant to Presidential Decree No. 1586 and rules and  regulations set therefor, the Department shall require program and project proponents to put up financial  guarantee mechanisms to finance the needs for emergency response, clean-up rehabilitation of areas that
may be damaged during the program or project’s actual implementation. Liability for damages shall continue  even after the termination of a program or project, where such damages are clearly attributable to that program  or project and for a definite period to be determined by the Department and incorporated into the environmental  compliance certificate.

Financial liability instruments may be in the form a trust fund, environmental insurance, surety bonds, letters of  credit, as well as self-insurance. The choice of the guarantee instruments shall furnish the Department with   evidence of availment of such instruments.

SEC. 19. Pollution From Stationary Sources.- The Department shall, within two (2) years from the effectivity of  this Act, and every two (2) years thereafter, review, or as the need therefore arises, revise and publish  emission standards, to further improve the emission standards for stationary sources of air pollution. Such  emission standards shall be based on mass rate of emission for all stationary source of air pollution based on  internationally accepted standards, but not be limited to, nor be less stringent than such standards and with the  standards set forth in this section. The standards, whichever is applicable, shall be the limit on the acceptable  level of pollutants emitted from a stationary source for the protection of the public’s health and welfare.

With respect to any trade, industry, process and fuel-burning equipment or industrial plant emitting air  pollutants, the concentration at the point of emission shall not exceed the following limits:
 
 

^a Other equivalent methods approved by the Department may be used.

^b Atomic Absorption Specttrophotometry

^c All new geothermal power plants starting construction by 01 January 1995 shall control H_sS emissions to not more than 150 g/GMW-Hr

^d All existing geothermal power plants shall control H_sS emissions to not more than 200 g/GMW-Hr within 5 years from the date of effectivity of these revised regulations.

^e Best practicable control technology for air emissions and liquid discharges. Compliance with air and water quality standards is required.

^f Emission limit of Nickel Carbonyl shall not exceed 0.5 mg/Ncm.

^g Provisional Guideline

^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.

^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.

I. Daily And Half Hourly Average Values
 

Pursuant to Sec. 8 of this Act, the Department shall prepare a detailed action plan setting the emission standards or standards of performance for any stationary source the procedure for testing emissions for each type of pollutant, and the procedure for enforcement of said standards.

Existing industries, which are proven to exceed emission rates established by the Department in consultation with stakeholders, after a thorough, credible and transparent measurement process shall be allowed a grace period of eighteen (18) months for the establishment of an environmental management system and the installation of an appropriate air pollution control device : Provided, That an extension of not more than twelve (12) months may be allowed by the Department on meritorious grounds.

SEC. 20.  Ban on Incineration.- Incineration, hereby defined as the burning of municipal, biomedical and  hazardous waste, which process emits poisonous and toxic fumes is hereby prohibited; Provided, however,  That the prohibition shall not apply to traditional small-scale method of community/neighborhood sanitation  “siga”, traditional, agricultural, cultural, health, and food preparation and crematoria; Provided, further, That  existing incinerators dealing with a biomedical wastes shall be out within three (3) years after the effectivity of  this Act; Provided, finally, that in the interim, such units shall be limited to the burning of pathological and  infectious wastes, and subject to close monitoring by the Department.

Local government units are hereby mandated to promote, encourage and implement in their respective  jurisdiction a comprehensive ecological waste management that includes waste segregation, recycling and  composting.

With due concern on the effects of climate change, the Department shall promote the use of state-of-the-art,  environmentally-sound and safe non-burn technologies for the handling, treatment, thermal destruction,  utilization, and disposal of sorted, unrecycled, uncomposted, biomedical and hazardous wastes.

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:

b) For light commercial vehicles, the exhaust emission limit of gaseous pollutants as a function of the given reference mass shall be:
 

^a for compression-ignition engines only