Pursuant to the provisions of Section 51 of Republic Act No. 8749, otherwise known as the "Philippine Clean Air Act of 1999," and by virtue of Executive Order No. 192, Series of 1987, the Department of Environment and Natural Resources hereby adopts and promulgates the following rules and regulations:
 

Section 1. Title. -  These Rules shall be known and cited as the "Implementing Rules and Regulations of the Philippine Clean Air Act of 1999."
 

Section 2. Purpose. - The purpose of these Rules is to provide guidelines on the operationalization of the Philippine Clean Air Act of 1999.
 

Section 3. Scope . -  These Rules shall lay down the powers and functions of the Department of Environment and Natural Resources, the Department of Transportation and Communication, the Department of Trade and Industry, the Department of Energy and all other concerned agencies, the rights and obligations of stakeholders and the rights and duties of the people with respect to the Air Quality Management and Control Program.
 

Section 4. Construction. - These Implementing Rules and Regulations shall be liberally construed to carry out the national policy of balancing development and environmental protection through the pursuance of the framework of sustainable development. Sustainable development shall refer to development that meets the needs of the present without compromising the ability of future generations to meet their own needs.
 

Section 1. Declaration of Policy. -  It is the policy of the State to protect and advance the right of people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.

It is also the policy of the State to attain and maintain a balance between development and environmental protection.

Finally, it is the policy of the State to maintain a quality of air that protects human health and welfare.
 

Section 1. Air Quality Principles. - 

a.  The State shall promote and protect the global environment to attain sustainable development while recognizing the primary responsibility of local government units to deal with environmental problems.
 
b.  The State recognizes that the responsibility of cleaning the habitat and environment is primarily area-based and that air quality management and control is most effective at the level of airsheds.
 
c.  The State recognizes the principle that "polluters must pay" and the important role of economic instruments in air quality management and control.
 
d.  The State recognizes that a clean and healthy environment is for the good of all and should therefore be a concern of all.

a.  Formulate a comprehensive national program of air pollution management that shall be implemented by the government through proper delegation and effective coordination of functions and activities;
 
b.  Encourage cooperation and self-regulation among citizens and industries through the application of market-based instruments;
 
c.  Focus primarily on pollution prevention rather than on control and provide for a comprehensive management program for air pollution;
 
d.  Promote public information and education and to encourage the participation of an informed and active public in air quality planning and monitoring; and
 
e.  Formulate and enforce a system of accountability for short and long-term adverse environmental impact of a project, program or activity. This shall include the setting up of a funding or guarantee mechanism for clean-up and environmental rehabilitation and compensation for personal damages.

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.

"Act" refers to Republic Act No. 8749, otherwise known as the "Philippine Clean Air Act of 1999";

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

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

"Air quality performance rating" refers to a rating system to be developed by the Department through the Bureau. The air quality performance ratings will be grouped by industry, and will compare emissions data for industrial sources to the relevant National Ambient Air Quality Standards and the relevant National Emissions Standards for Source Specific Air Pollutants.

"Airshed" refers to areas with common weather or meteorological conditions and sources of air pollution which affect the interchange and diffusion of pollution in the surrounding atmosphere.

"Ambient air quality" refers to the atmosphere’s average purity in a broad area as distinguished from discharge measurements taken at the source of pollution or the present characteristic or nature of the surrounding atmosphere;

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

"Ambient air quality standard" means the concentration of an air pollutant which, in order to protect public health and/or public welfare, shall not be exceeded in the breathing zone, at any time. Standards are enforceable and must be complied with by the owner or person in-charge of an industrial operation, process or trade;

"Authority to Construct" refers to the legal authorization granted by the Bureau to install a new source or modify an existing source.

"Best Available Control Technology" refers to approaches, techniques or equipment which when used, result in lower air emissions but in a cost-effective manner. BACT results in lower emission rates than those specified in the National Emission Standards for Source Specific Air Pollutants

"Bio-medical waste" refers to pathological wastes, pharmaceutical wastes, chemical wastes and sharps defined as follows:

"Pathological wastes" include all human tissue (whether infected or not) such as limbs, organs, fetuses and body fluid; animal carcasses and tissue from laboratories, together with all related swabs and dressings;

"Pharmaceutical wastes" include pharmaceutical products; drugs and chemicals that have been returned from wards; have been spilled or soiled; are expired or contaminated; or are to be discarded or any reason;

"Chemical wastes" include discarded solid, liquid or gaseous chemicals from housekeeping and disinfecting procedures;

"Bureau" or "EMB" refers to the Central Office of the Environmental Management Bureau and its Regional Offices under the Department;

"Cease and Desist Order" refers to the ex parte Order directing the discontinuance of the operation resulting in the emission or discharge of pollutants exceeding the emission standards or whenever such emission or discharge constitutes imminent threat to human, animal or plant life, public health or public safety. Non-compliance with an undertaking or agreement submitted to the Department shall likewise be a ground for issuance of a CDO;

"Certificate of Conformity" refers to the certificate issued by the Department to a vehicle manufacturer/assembler or importer certifying that a particular new vehicle or vehicle type meets the requirements provided under this Act and its Implementing Rules and Regulations;

"Completely Built-up Unit (CBU)" refers to vehicles imported into the country either brand new or used and ready for operation;

"Compliance Plan" refers to a plan submitted to the Bureau for approval which details how an existing stationary air emissions source will be brought into compliance. The owner of the facility must submit the plan within two months of notification of non-compliance by the Bureau. The plan must include a schedule that will be enforceable.

"Compression Ignition Engine" means an internal combustion engine in which atomized fuel temperature is raised through compression, resulting in ignition, e.g., diesel engines;

"Completely Knocked-Down" (CKD) refers to new parts and components and/or engines that are imported in disassembled condition for purposes of assembly. It may include not only parts and components but also sub-assemblies and assemblies, e.g., engines, transmissions, axle assemblies, chassis and body assemblies;

"Continuous Emission Monitoring System" means the total equipment, required under these Implementing Rules and Regulations or as directed by the Bureau, used to sample and condition (if applicable), analyze, and provide a permanent record of emissions or process parameters. Such record shall be the basis of the firm’s compliance with the emission standards. Further, it may be an approved monitoring system for continuously measuring the emission of a pollutant from an affected source or facility and as such, may be used in computing annual emission fees;

"Criteria Pollutants" are air pollutants for which National Ambient Air Quality Guideline Values have been established;

"Department" refers to the Department of Environment and Natural Resources;

"Detoxification process" refers to the process of diminishing or removing the poisonous quality of any substance using chelating agents to prevent or reverse toxicity particularly for those substances (e.g., heavy metals) that are cumulative or persistent in the body;

"Director" means the Director of the Bureau;

"Eco-profile" shall refer to the geographic-based instrument for planners and decision-makers which presents an evaluation of the environmental quality and carrying capacity of an area. It is the result of the integration of various primary and secondary data and information on natural resources and anthropogenic activities on the land which are evaluated by various environmental risk assessment and forecasting methodologies. This will enable the Department to anticipate the type of development control that is necessary in the planning area;

"Emission" means any measurable air contaminant, pollutant, gas stream or unwanted sound from a known source which is passed into the atmosphere;

"Emission averaging" is a technique whereby a facility having more than one source of a given pollutant may, under certain circumstances and with EMB approval, reduce emissions from one or more sources sufficiently so that the average of all the facility's source emissions is equal to or below the applicable standard for a particular pollutant. Emission averaging is computed on an annual potential ton per year basis.

"Emission Charge" refers to a fee corresponding to the quality, quantity, volume and toxicity of emissions from an industrial or mobile source;

"Emission Credits" are generated by sources that reduce their annual mass emissions below the equivalent minimum regulatory level by either installing and operating pollution control devices or by using other Bureau approved methods. The equivalent minimum regulatory level is based upon the lowest annual emissions in tons that results when the source operates at its permitted emission rate for its typical annual operating hours. Sources that are subject to different allowable emission rates, such as National Emission Standards and Ambient Air Quality Standards, must estimate the minimum regulatory level on the standard that provides the lowest annual allowable tonnage. An emission credit is equal to one ton of an air pollutant;

"Emission factor" refers to a representative value that attempts to relate the quantity of a pollutant released to the atmosphere with an activity associated with the release of that pollutant. Emission factors may be used to calculate emission fees, as indicated in Rule VI, Section V. These factors are usually expressed as the weight of pollutant divided by a unit weight, volume, distance, or duration of the activity emitting the pollutant (e. g., kilograms of particulate emitted per megagram of coal burned). Such factors facilitate estimation of emissions from various sources of air pollution. In most cases, these factors are simply averages of all available data of acceptable quality. The general equation for emission estimation is: E = A x EF x (1-ER/100) where: E = emissions; A = activity rate; EF = emission factor; and ER= overall emission reduction efficiency, %.ER is further defined as the product of the control device destruction or removal efficiency and the capture efficiency of the control system. When estimating emissions for a long time period (e. g., one year), both the device and the capture efficiency terms should account for upset periods as well as routine operations.

"Emissions Trading" refers to a market-based approach to air pollution control which allows for transferring emission credits between different facilities for use as a form of regulatory compliance;

"Episode" means a series of short-term air pollution events that significantly alter the ambient air quality of an affected area;

"Equivalent Method" refers to any technique or procedure for sampling and/or analyzing an air pollutant which has been approved by the Bureau and demonstrated to have a consistent and quantitatively known relationship with the designated standard method;

"Existing Source" means any source already erected, installed, and in operation; or any source for which construction has been offered for bidding or actual construction has commenced prior to the date of effectivity of these Implementing Rules and Regulations Any existing source which in the opinion of the Department has undergone a modification after the date of adoption of an applicable rule and regulation, shall be reclassified and considered a new source;

"Governing Board" refers to a multi-sectoral body created under Section 9 of the Act to effectively carry out and implement the air quality action plan of an airshed;

"Greenhouse gases" refers to those gases such as carbon dioxide, methane, and oxides of nitrogen, chloroflouro-carbons, and the others that can potentially or can reasonably be expected to induce global warming;

"Gross Vehicle Mass or Weight" means the gross vehicle mass or weight as declared by the vehicle manufacturer;

"Guideline" means an official recommendation or guidance on the protection of human beings or receptors in the environment from the adverse effects of air pollutants;

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

"Imported Used/Second-Hand Vehicle" means any used or second-hand motor vehicle imported and registered in the country of origin;

"Incinerator" refers to a facility, equipment, furnace or other similar structure which burns municipal, bio-medical or hazardous wastes, which process emits toxic and poisonous fumes;

"Infectious waste" refers to soiled surgical dressings, swabs and other contaminated waste from treatment areas; materials which have been in contact with persons or animals suffering from infectious diseases; cultures and stocks of infectious agents from laboratory work; dialysis equipment; apparatus and disposable gowns, aprons, gloves, towels, etc; waste from dialysis treatment area; waste from patients in isolation wards; all materials which may contain pathogens in sufficient concentration or quality that exposure to could result in disease;

"Installation" means any structure, equipment, facility or appurtenances thereto, operation of which may be a source of pollution or a means to control the same;

"In-Use Vehicle" means a motor vehicle duly registered with the LTO;

"Light Duty Vehicles" are motor vehicles whose gross vehicle weight is equal to or less than 3,500 kgs. This also refers to "Light Commercial Vehicles;"

"Lowest Achievable Emission Rate" refers to any technology or combination of technology and process controls that results in the lowest possible emissions of a given air pollutant. Cost is not a consideration in determining applicable LAER for a given source; however, technical feasibility is. The technology must be reasonably demonstrated to be appropriate and reliable for each application;

"Mandatory Inspection" refers to the interval between testing and the tests performed, as partial pre-condition for the renewal of registration of in-use motor vehicles;

"Manufacturer or Assembler" means any entity or person who manufactures or assembles motor vehicles, for eventual use in the Philippines;

"Medical waste" means any solid waste that is generated in the diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals;

"Medium/Heavy Duty Vehicles" refers to motor vehicles whose gross vehicle weight is greater than 3,500 kgs;

"Mobile source" means any vehicle/machine propelled by or through oxidation or reduction reactions, including combustion of carbon-based or other fuel, constructed and operated principally for the conveyance of persons or the transportation of property or goods, that emit air pollutants as a reaction product;

"Modification" means any physical change or alteration in the method of operation of an existing source which increases the amount of any air pollutant (to which a standard applies) emitted into the atmosphere by that source, or which results in the emission of any air pollutant (to which a standard applies) into the atmosphere not previously permitted. The following are exempted from the said definition:

Routine maintenance, repair and replacement shall not be considered physical changes if not intended to extend the useful life beyond the equipment manufacturer’s design;

An increase in the production rate providing the facility is permitted to operate at the increased level and that such increase does not exceed the designed capacity of the existing source; and

An increase in hours of operation provided that the facility is permitted to operate for the increase in hours.

"Motorcycle" refers to any two-wheeled motor vehicle with at least one headlight, taillight and stoplight, and one or more saddle seats. For purposes of these rules, motorcycles shall include motorcycles with attached cars also known as "tricycles".

"Motor Vehicle" means any vehicle propelled by a gasoline or diesel engine or by any means other than human or animal power constructed and operated principally for the conveyance of persons or the transportation of goods;

"Motor Vehicle Registration" refers to the official recording of a motor vehicle by the Land Transportation Office (LTO) subject to the conformance of the vehicle to the safety and emission standards provided under Section 21 of the Act, including the pre-evaluation of the documents/requirements pursuant to Section 5 of Republic Act 4136, as amended, otherwise known as the Land Transportation Code;

"Municipal waste" refers to the waste materials generated from communities within a specific locality;

"National Ambient Air Quality Guideline Values" are limits on criteria air pollutant concentrations published by the Department, intended to be protective of public health, safety, and general welfare.

"National Motor Vehicle Inspection and Maintenance Program" refers to the set of projects and other activities and efforts all designed to reduce the damaging impact of air pollution and unsafe vehicles on health and safety of the people, through adoption of standards for emission and vehicle safety, and a series of measures to ensure compliance with them;

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

"New Source" means any plant, equipment, or installation in any trade, business or establishment which generates, emits or disposes air emissions into the atmosphere and constructed after the date of effectivity of these Implementing Rules and Regulations. This includes any existing stationary source transferred or moved to a different location or site for the purpose of installation, operation or use after such date;

"Normal Cubic Meter" (Ncm) means the volume of dry gas which occupies a cubic meter measured at twenty five degrees Celsius (25^o) at an absolute pressure equivalent to seven hundred sixty (760) mm Hg;

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

"Opacity" means the amount of light obscured by particle pollution in the atmosphere;

"Operator" means a person or entity that manages a transport business but not necessarily a vehicle owner;

"Owner" means the person or entity identified as the motor vehicle owner in the motor vehicle registration or by a valid deed of sale;

"Ozone Depleting Substances" (ODS) refers to those substances that significantly deplete or otherwise modify the ozone layer in a manner that is likely to result in adverse effects on human health and the environment such as, but not limited to, chlorofluorocarbons, halons, and the like;

"Particulate Matter" or "Suspended Particulates" means any material, other than uncombined water, which exists in a finely divided form as a liquid or solid;

"Permit" refers to the legal authorization to engage in or conduct any construction, operation, modification or expansion of any installation, operation or activity which will be reasonably be expected to be a source of pollution;

"Permit to Operate" refers to the legal authorization granted by the Bureau to operate or maintain any installation for a specified period of time;

"Permit Condition" refers to a statement or stipulation issued with a permit, compliance with which is necessary for continued validity of the permit;

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

"Poisonous and toxic fumes" means any emission and fumes which do not conform to internationally accepted standards, including but not limited to World Health Organization (WHO) guideline values;

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

"Pollution control technology" refers to pollution control devices, production processes, fuel combustion processes or other means that effectively prevent or reduce emissions or effluents;

"Potential to emit" refers to the annual mass emissions that would result from a source when operating 8,760 hours per year. Actual emissions are based on the actual hours of operation per year;

"Rebuilt Motor Vehicle" means a locally assembled vehicle using new or used engine, major parts or components

"Reference Mass or Weight" means the mass or weight of the vehicle in running order with a full fuel tank and including the set of tools and spare wheel, plus 100 kilograms but does not include the mass or weight of the passengers and driver;

"Regional Director" means the Regional Director of any Regional Office;

"Regional Office" means one of the Regional Offices of the Bureau;

"Ringelmann Chart" means the chart described in the U.S. Bureau of Mines, Information Circular No. 8333 and No. 7718, and used for measuring smoke opacity;

"Semi-Knocked Down (SKD)" refers to parts and components and/or engines that are imported in partially assembled condition for assembly purposes. This includes semi-assembled vehicles and cars without tires and batteries;

"Siga" means the traditional small scale method of burning of wastes resulting from cleaning the backyard such as fallen leaves, twigs, stems, and other similar matter from plants and trees in the backyard where the burning is done;

"Smoke Opacity Meter (or Opacimeter)" means an instrument which determines the smoke opacity in exhaust gases emitted by the engine system.

"Spark-Ignition Engine" means an internal combustion engine in which the air/fuel mixture is ignited by a spark plug, e.g., a gasoline engine;

"Standard of performance" means a standard for emission of air pollutants which reflects the degree of emission limitation achievable through the application of the best system of emission reduction, taking into account the cost of achieving such reduction and any non-air quality health and environment impact and energy requirement as determined by the Department through the Bureau;

"Stationary source" refers to any building or fixed structure, facility or installation that emits or may emit any air pollutant;

"Useful Life of Vehicles and Engines" refers to the period of time a vehicle and/or engine can be used, and meet standards of road worthiness and engine emissions;

"Vehicle Type" means a category of power-driven vehicles which do not differ in such essentials as reference mass or weight, engine type, number of cylinders, body configuration, manner of transmission, fuel used and similar characteristics.
 

Section 1. National Ambient Air Quality Guideline Values

Section 1. Designation of Attainment Areas. - The Bureau shall delineate areas where the existing ambient air quality is at or below (that is, complies with) National Ambient Air Quality Guideline Values given in Part II, and shall designate such areas as "attainment areas." Designation of attainment areas will be based on monitoring data collected using the reference methods in Part II and/or other relevant information, including meteorological data, and data covering existing nearby sources. The Department through the Bureau will designate attainment and non-attainment areas, and will review and revise these designations from time to time as relevant data become available.
 
Section 2. Review of Area Designation. - The Bureau shall revise area designations as additional data, whether monitoring, source or general knowledge, become available. Results from reviews of area designations will be made available for public comment.

Section 1. Standards. - Existing sources must comply with National Emission Standards for Source Specific Air Pollution and Ambient Air Quality Standards pertaining to the source.
 
Section 2. Non-compliance. - Sources not in compliance with Section 1 above must submit a Compliance Plan to the Bureau for approval, which details how the source will be brought into compliance. The owner of the facility must submit the plan within two (2) months of notification of non-compliance by the Bureau. The plan must include a schedule that will be enforceable and may provide for as long as eighteen (18) months to meet the applicable standards after notice of non-compliance by the Bureau. The Bureau may grant an extension of up to twelve (12) months for good-faith actions from the source owner.
 
Section 3. Emission Averaging and Emission Trading. - Compliance plans submitted under Section 2 above may include use of emission averaging and emission trading as approved by the Bureau and described in Rules XXI and XXII, respectively.
 
Section 4. Modification of Sources. - Any existing source in an attainment area making a change or modification to its process or production which results in an increase of POTENTIAL emissions equal to or greater than the following shall be considered significant and subject to Rule X for the affected pollutant(s).
 

Section 1. Standards. - New or modified sources must comply with National Emission Standards for Source Specific Air Pollution and Ambient Air Quality Standards pertaining to the source.
 
Section 2. Best Available Control Technology. - Sources subject to this Rule shall, in addition to meeting the requirements of Section 1 of this Rule, install and operate Best Available Control Technology for each regulated pollutant with the potential to be emitted in quantities equal to or greater than 100 tons per year. Selection of the appropriate control technology will be made in consultation and with the approval of the Bureau but in no case shall it result in non-compliance with requirements of Section 1. Installation of the control equipment will be at the time of source construction or modification.
 
Section 3. Increment Consumption. - No new source may be constructed or existing source modified if emissions from the proposed source or modification will, based on computer dispersion modeling, result in;

Exceedance of the National Ambient Air Quality Guideline Values; or

An increase in existing ambient air levels above the levels shown below:
 

All sources subject to this section: Sources shall install and operate a CEMS for carbon dioxide and oxygen that meets criteria provided in USEPA 40 CFR Part 60 Appendix B, Performance Specification 3. Additionally, each source shall, as appropriate meet the following requirements;

a.  Particulate matter: Sources shall install and operate a CEMS for opacity that meets criteria provided in USEPA 40 CFR Part 60 Appendix B, Performance Specification 1. The owner shall have the additional requirement of establishing a calibration curve showing the relationship between opacity as measured by the CEMS and mass particulate emission rate as determined by Method 5. The calibration curve shall cover the full range of reasonably expected operating conditions and/or process rates of the source and shall consist of at least three data points, one at maximum permitted operations, one at maximum design capacity, and one at 80% of the maximum permitted rate. The Bureau may waive one test point if the permitted rate and maximum design capacity rate are the same.
 
b.  Sulfur Dioxide and Nitrogen Oxides: Sources shall install and operate a CEMS for these parameters that meet criteria provided in USEPA 40 CFR Part 60 Appendix B, Performance Specification 2.
 
c.  Carbon Monoxide: Sources shall install and operate a CEMS for this parameter that meets criteria provided in USEPA 40 CFR Part 60 Appendix B, Performance Specification 4 or 4A.
 
d.  Hydrogen Sulfide: Sources shall install and operate a CEMS for this parameter that meets criteria provided in USEPA 40 CFR Part 60 Appendix B, Performance Specification 7.

An area may be designated as non-attainment for one or more criteria pollutants, and may be an attainment area for the remaining criteria pollutants.

Section 2. Review of Area Designation. - The Bureau shall revise and/or confirm area designations as additional data, whether monitoring, sampling, source specific or general knowledge, becomes available. Results from reviews of area designations will be made available for public comment/review.
 

Section 2. Non-compliance. - Sources not in compliance with Section 1 above must submit a Compliance Plan to the Bureau for approval which details how the source will be brought into compliance. The owner of the facility must submit the plan within two (2) months of notification of non-compliance by the Bureau. The plan must include a schedule that will be enforceable and may provide for as long as eighteen (18) months to meet the applicable standards after notice of non-compliance by the Bureau. Extensions or grace periods will not be allowed in non-attainment areas.

Should the source failed to comply with its commitment within the specified period in the compliance plan, the Bureau shall impose penalties and fines to be computed retroactive from the time the notification of non-compliance was served.

Section 3. Emission Averaging and Emission Trading. - Existing sources located in non-attainment areas will be allowed to use emission averaging for compliance purposes however, they will not be allowed to participate in emission trading for the pollutant or pollutants for which the area is designated as a non-attainment area, except as a generator (not user) of emission reduction credits.

Section 4. Modification of Sources. - Any existing source located in a non-attainment area and making a change in process or production which increases POTENTIAL emissions from the source of the pollutant for which the area is designated non-attainment, shall be classified as modified and subject to Rule XIII. Equipment overhaul, refurbishment, or upgrade to extend the life of the equipment beyond its normal useful life is considered to be a modification if it result in the increase of POTENTIAL emissions for purposes of this Section.

Section 5. Emission Fee Surcharge. - Sources subject to the non-attainment provisions will be assessed a 50% surcharge (i.e., 150% of base) on the annual emission fees for the pollutant(s) for which the area is designated non-attainment.

Section 6. Penalty and Fine Surcharge. - Sources subject to the non-attainment provisions will be subject to a 100% surcharge (i.e., 200% of base) for any penalties or fines relating to a violation of the non-attainment provisions.
 

Section 1. Standards. - New or modified sources must comply with all National Emission Standards for Source Specific Air Pollution and Ambient Air Quality Standards pertaining to the source.

Section 2. Lowest Achievable Emission Rate., - New and modified sources (as defined in Section 4 of Rule XII) shall install and operate air pollution control technology which will provide the lowest achievable emission rate (LAER) of the pollutant for which the area is designated non-attainment. The affected firm will propose technologies it believes will meet the intent of this regulation. The Bureau will approve the use of lowest achievable emission rate control technologies on a case-by-case basis.

Section 3. Emission Offsets. - New and modified sources must provide offsets in existing actual emission within the non-attainment area in a ratio of 1:1.2 to the POTENTIAL emission level of the proposed new or modified source. The offsets may be made from any existing source in the non-attainment area but must be actual, demonstrable, enforceable and permanent. The proposed offsets are subject to approval by the Bureau.

Section 4. Emission Averaging and Emission Trading. - New and modified sources subject to the non-attainment provisions may not use emission trading or emission averaging for compliance purposes.

Section 5. Continuous Emission Monitoring. - New and modified sources must install and operate, according to manufacturer specifications, continuous emission monitoring devices for each pollutant for which the area is in non-attainment and which the source emits. Application, installation and operation of the CEMS shall meet criteria provided in Rule X Section 5.

Section 6. Emission Fee, Penalty and Fine Surcharge. - Sections 5 and 6 of Rule XII above shall apply to new and modified sources in non-attainment areas.
 

Section 2. Emissions Inventory. - The Bureau shall, within three (3) years from the date of effectivity of these Rules, and every three (3) years thereafter, make an inventory of emissions from stationary, mobile and area sources. Where possible, the Bureau shall coordinate with the Governing Boards

Section 3. Air Quality Database. - The Bureau and the National Statistical Coordination Board shall design the Air Quality Database which shall be computerized and stored in a manner accessible to the public and shall contain data collected from the Ambient Air Monitoring Network and the Emissions Inventory. The Bureau shall maintain and update the Air Quality Database.

Section 4. National Air Quality Status Report. - The Bureau, shall prepare the Annual National Air Quality Status Report which shall contain:

(a) A summary of the extent of air pollution in the country, per type of pollutant and per type of source;
 
(b) An analysis and evaluation of the current state, trends and projections of air pollution;
 
(c) An identification of critical areas, activities, or projects which will need closer monitoring or regulation;
 
(d) Recommendations for necessary executive and legislative action; and
 
(e) Other pertinent qualitative and quantitative information concerning the extent of air pollution and the air quality performance rating of industries in the country.

Section 1. Authority.- The Secretary of the Department, upon the recommendation of the Bureau, shall divide the geo-political regions of the country into airsheds.

Section 2. Designation of Airsheds.- Designation of airsheds shall be on the basis of, but not limited to, areas with similar climate, meteorology and topology which affect the interchange and diffusion of pollutants in the atmosphere, or areas which share common interest or face similar development programs, prospects or problems. Designation of airsheds shall be revised as additional data, needs or situations arise.For a more effective air quality management, a system of planning and coordination shall be established and a common action plan shall be formulated for each airshed.

Section 3. Initial Designation of National Airsheds. - The Department through the Bureau will designate attainment and non-attainment areas, and will review and revise these designations from time to time as relevant data become available.

Section 4. Governing Board. - Pursuant to Section 9 of the Act, a Governing Board will be created for each airshed to effectively carry out the formulated action plans.

Section 5. Composition and Organizational Set-up of the Board.- Each Governing Board shall be headed by the Secretary of the Department as chairman. The members shall be as follows:

(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.

Section 6. Functions of the Board. - Each Governing Board shall perform the following functions within its jurisdiction (airshed):

(a) Formulation of policies and standard-setting;
(b) Preparation of a common action plan;
(c) Coordination of functions among its members; and
(d) Submission and publication of an annual Air Quality Status Report for each airshed.

Section 8. Technical Working Groups. - Technical working groups will be formed to ensure broad based participation in the work of the Governing Boards.

Section 9. Technical-Administrative Secretariat. - Each Governing Board will assign a dedicated, full-time technical-administrative secretariat with a separate budget.

Section 10. Meetings. - The Department will provide basic funding for the conduct of regular meetings of the Governing Boards.

Section 11. Governing Rules. - Governing rules shall be formulated by and for the individual Governing Boards. These governing rules shall be submitted for review and approval to the Department.

Section 12. Re-designation of Airshed Boundaries. - Upon consultation with appropriate local government authorities, the Secretary of the Department, upon recommendation of the Bureau, shall, from time to time, revise the designation of airsheds utilizing eco-profiling techniques and undertaking scientific studies.
 

Section 2. Uses of Fund.- The Air Quality Management Fund will be used for activities that are in direct support of objectives outlined in the Air Quality Action Plan and Control Action Plan of the airsheds. One-third of the Fund will be reserved for national purposes while the remaining two-thirds will be allocated among the airsheds. This can mean support, grant, finance or otherwise assist activities such as, but not limited to:

(a) purchase of equipment related to air quality monitoring, reporting or management;
 
(b) running costs for special campaigns: monitoring, enforcement or public awareness raising;
 
(c) costs for special events related to air quality monitoring, enforcement etc.;
 
(d) funding of temporary staff positions in accredited organizations, of persons who have a TOR directly related to implementation of AQAP;
 
(e) research on air related issues; and
 
(f) running costs of Governing Boards and their Technical Secretariats

(a) air emission charges for industrial facilities;
(b) air emission charges from motor vehicles.;
(c) fines and penalties for non-compliance with environmental standards. This relates to both vehicular and industrial related air pollution;
(d) grants from both private sector and donor organizations.; and
(e) a limited percentage (5-10%) of the proceeds of the Program Loan for the Metro Manila Air Quality Improvement Project.

In order to promote transparency and accountability the Department will formulate business standards, which will describe the scrutiny mechanisms of proposals as well as maximum response times. The Department will ensure the publication of an Annual Report which specifies income and expenditure of the Air Quality Management Fund, together with a summary of initiatives supported and refused. This Annual Report will be available within two months after the budget year used by the Air Quality Management Fund

Section 5. Air Emission Fees For Stationary Sources and For Mobile Sources. - The air emission fee will initially be determined by the amount of revenue necessary to assure the successful implementation of the Clean Air Act as described in these implementing rules and regulations. The necessary revenue will be based on relevant agency's budgets. This cost will then be apportioned to stationary and mobile source owners based on estimated annual mass emissions.

The base air emission fee may be adjusted in later years as new data becomes available regarding the success of individual components of the Clean Air Act.
 

Section 1. National Research and Development Program for the Prevention and Control of Air Pollution. - The Bureau, in coordination with the Department of Science and Technology (DOST), other agencies, the private sector, the academe, NGOs and POs, shall, establish a National Research and Development Program for the Prevention and Control of Air Pollution.

Section 2. Development of Industry-Wide Applicable Methods. - The Bureau shall give special emphasis to research on and the development of improved methods having industry-wide application for the prevention and control of air pollution.

Section 3. Development of Air Quality Guidelines. - The National Research and Development Program for the Prevention and Control of Air Pollution shall develop air quality guidelines and air quality guideline values in addition to internationally-accepted standards. It shall consider the socio-cultural, political and economic implications of air quality management and pollution control.The National Research and Development Program for the Prevention and Control of Air Pollution shall be established by the Department through the Bureau, in coordination with the Department of Science and Technology, other agencies, the private sector, the academe, NGOs and POs.
 

Section 1. Emission Quotas. - The Bureau may allow each regional industrial center that is designated as a special airshed to allocate emission quotas to pollution sources within its jurisdiction that qualify under an environmental impact assessment system programmatic compliance program pursuant to the implementing rules and regulations of Presidential Decree No. 1586.

Prior to implementation thereof, the Department shall consider, among others, the emissions inventory and the mass rate of emission standards.
 

Section 2. Filing Fees for Applications. - A fee to be determined by the Department through Bureau shall be paid upon the filing of any of the following applications:

a.  Authority to Construct;
 
b.  Permit to Operate;
 
c.  Transfer of an existing and valid Permit to Operate by reason of transfer of location of the installation or change of permittee, or both;
 
d.  Revision of any existing and valid Authority to Construct or Permit to Operate involving alteration or replacement of the installation;
 
e.  Renewal of an expired Authority to Construct or Permit to Operate;
 
f.  Any other application for a permit not otherwise enumerated above.

Section 3. Authority to Construct. - All proposed or planned source construction or modification requires an Authority to Construct which must be approved by the Bureau before construction or modification activities take place. Applications shall be filed in four (4) copies and supported by the official receipt of the filing fees and by such documents, information and data as may be required by the Bureau, including the following:

a.  An engineering report covering the plant description and operations, the estimated types, concentrations and quantities of all emissions to the atmosphere, the proposed control facilities, the emission rate and annual mass emission objectives, the design criteria for air pollution control equipment to be used, and other relevant information. The design criteria, if warranted, shall be based on the results of laboratory and pilot plant scale studies. The design efficiencies of the proposed air control equipment and the quantities and types of pollutants in the final emissions shall be indicated. Where confidential records are involved, the Bureau may limit the full disclosure of the same after discussions with the applicant;
 
b.  The plans and specifications of the installation and its control facilities (in standard size of 50 cm by 90 cm) duly certified by a registered professional mechanical engineer, sanitary engineer or chemical engineer or a combination of any two or all of them as may be required by the Bureau depending upon the nature of the construction, operation or activity sought to be covered by the Authority to Construct. The plans shall clearly show in adequate detail the proposed arrangement, location and size of the pollution control equipment or facilities, including their accessories, cross-sections and construction details. The specifications shall be in sufficient detail so that, when read in conjunction with the plans, they clearly reveal the proposed means and methods for the control of pollution and their expected performance efficiency;
 
c.  The project proponent shall conduct an air quality impact analysis using Bureau-approved computer dispersion models and techniques. The impact analysis shall estimate the resulting ambient air concentrations for all significant pollutants from the facility, and shall include the existing ambient air concentrations as a baseline. The impact analysis will be used by the Bureau, together with other relevant information, to determine if the proposed construction or modification will result in a violation of an applicable air quality standard;
 
d.  A vicinity map adequately identifying the street address, if any, of the location or premises of the installation.

The Bureau shall, within a reasonable time, act on the application for Authority to Construct either by issuing the corresponding Authority to Construct or by denying the application in writing stating the reason or reasons therefor.

The Authority to Construct shall be issued subject to such conditions as the Department through the Bureau may deem reasonable to impose and upon payment of the fees in accordance with the following schedule:

In case the application is denied, the applicant may, within 10 days from notice of such denial, file only one written petition for reconsideration. The decision on said petition shall become final after 10 days from receipt thereof.

Section 4. Conversion of Authority to Construct to Permit to Operate. - Once new source construction or modification is completed the source owner shall, within 60 days of startup, request the authorizing agency (generally the Department through the Bureau) to convert the Authority to Construct to a Permit to Operate. A valid Permit to Operate will be issued once the owner has demonstrated to the satisfaction of the authorizing agency that all permit conditions have been or will be met and that no air quality standards or guidelines will be exceeded. The owner shall conduct source testing using methods and techniques approved by the Bureau as part of the demonstration.

Section 5. Application for Permit to Operate. - An application for a Permit to Operate shall be filed for each source emitting regulated air pollutants. Facilities having more than one source may group the sources under a single permit application, provided the requirements below are met for each individual source. Applications shall be made in a format prescribed by the Department through the Bureau, filed in triplicate copies, together with a copy of the official receipt of the filing fees and including the following:

a.  The information listed in Section 3 of this Rule;
 
b.  A statement of compliance or non-compliance with Rule XXV, National Emission Standards For Source Specific Air Pollutants (or, in the case of incinerators, a statement of compliance or non-compliance with Rule XXVIII). The statement of compliance shall be supported with actual test data, (such as stack sampling test data), or data gathering techniques acceptable to the Bureau;
 
c.  A statement of compliance or non-compliance with Rule XXVI, Ambient Air Quality Standards. The statement of compliance shall be supported by dispersion modeling data using modeling techniques and sampling approved by the Bureau. For cases in which source sampling and analysis is not practical, the Bureau may approve the use of actual ambient air test data to demonstrate compliance with the Ambient Air Quality Standards, so long as the location and conditions of the testing conform to a "worst case" scenario as demonstrated by air dispersion modeling;
 
d.  A compliance action plan for sources not meeting regulatory requirements. The compliance plan may include provision for use of emission averaging and/or trading as allowed under Parts III and IV.
A certification signed by the applicant attesting to the accuracy and completeness of the application;
 
e.  A signed copy of the appointment or designation of the pollution control officer of the applicant; and
 
f.  Other documents, information and data as may be required by the Department through the Bureau.

The Permit to Operate shall be issued or renewed every year subject to such conditions as the Department through the Bureau through the may deem reasonable to impose, and upon payment of the permit fees for air pollution source and control facilities.

In case the application is denied, the applicant may, within 10 days from notice of such denial file only one written petition for reconsideration. The decision on said petition shall become final after 10 days from receipt thereof.

Section 7. Temporary Permit to Operate. - For purposes of sampling, planning, research and other similar purposes, the Department through the Bureau, upon submission of satisfactory proof, may issue a Temporary Permit to Operate no to exceed ninety (90) days, provided that the applicant has a pending application for a Permit to Operate under Section 5.

Section 8. Life and General Conditions of Permit. - A permit duly issued by the Department through the Bureau shall be valid for the period specified therein but not beyond one (1) year from the date of issuance unless sooner suspended or revoked. It may be renewed by filing an application for renewal at least thirty (30) days before its expiration date and upon payment of the required fees and compliance with requirements.

Issuance of the permit shall not relieve the permittee from complying with the requirements of the Act and these Rules and that commencement of the work or operation under such permit shall be deemed acceptance of all the conditions therein specified.

Section 9. Grounds for Modification of Permit Conditions. - After due notice and public hearing, the Department through the Bureau may modify any existing and valid permit by imposing new or additional conditions, provided that the permittee is given reasonable time to comply with such new or additional conditions, upon showing:

a.  That an improvement in emission quality or quantity can be accomplished because of technological advance without unreasonable hardship;
 
b.  That a higher degree of treatment is necessary to effect the intents and purposes of the applicable provisions of these Rules and Regulations;
 
c.  That a change in the environment or surrounding conditions requires a modification of the installation covered by a permit to conform to applicable air quality standards, as the case may be;
 
d.  That the area in which the permitted facility is located has been changed from an undesignated area or an attainment area to a non-attainment area for one or more criteria pollutants; or
 
e.  That the Act or these Rules and Regulations requires the modification of the permit conditions.

a.  Non-compliance with, or violation of any provision of Act, these Rules and Regulations, and/or permit conditions;
 
b.  False or inaccurate information in the application for permit that led to the issuance of the permit;
 
c.  Refusal to allow lawful inspection conducted by the Department through the Bureau of duly authorized personnel;
 
d.  Non-payment of the appropriate fees;
 
e.  Other valid purposes.

No person shall willfully deface, alter, forge, counterfeit, or falsify any permit.

Section 12. Transfer of Permits. - In case of sale or legal transfer of a facility covered by a permit, the permittee shall notify the Department through the Bureau of such and the name and address of the transferee within thirty (30) days from the date of sale or transfer. In case of failure to do so, he shall be liable for any violation of these Rules and Regulations that the transferee may commit by reason of such transfer. It shall be the duty of the transferee to file an application for transfer of the permit in his name within ten (10) days from notification of the Department through the Bureau.

Section 13. Plant Operational Problems. - In the event that the permittee is temporarily unable to comply with any of the conditions of the Permit to Operate due to a breakdown of the installation covered by the permit for any cause, he or his pollution control officer shall immediately notify the Department through the Bureau of such cause(s), and the steps being taken to solve the problem and prevent its recurrence, including the estimated duration of the breakdown, the intent toward reconstruction or repair of such installation and such other relevant information or data as may be required by the Department through the Bureau. The Department through the Bureau shall be notified when the condition causing the failure or breakdown has been corrected and such source equipment or facility is again in operation

In such a case, the permittee may be subject to the payment of fines or penalties as provided under Part XIII of these Implementing Rules and Regulations.

Section 14. Monitoring and Reporting. - The owner or the pollution control officer in charge of the installation subject to the provisions of these Implementing Rules and Regulations shall keep a record of its operational data and control test indicating its operational efficiency, and shall furnish a copy of the same to the Department through the Bureau quarterly in accordance with the procedures and/or programs approved by the Department through the Bureau for this purpose.
 

The Bureau may promulgate guidelines for the effective implementation of said financial guarantee mechanisms.

Section 2. Financial Liability Instruments. - Financial liability instruments may be in the form of a trust fund, environmental insurance, surety bonds, letters of credit, as well as self-insurance. The choice of the guarantee instrument or combinations thereof shall depend, among others, on the assessment of risks involved. Proponents required to put up guarantee instruments shall furnish the Bureau with evidence of availment of such instruments.
 

Section 2. Approach. - Facility owners wishing to use emission averaging for compliance purposes must do so through an enforceable compliance plan submitted as a part of the operating permit application. The Bureau must approve the compliance plan and application of emission averaging for it to be effective.

Section 3. Requirements. - Facilities must install a Bureau approved continuous emission monitoring system for the pollutant(s) to which emission averaging is being applied. The continuous emission monitoring system must be installed on each source that is being used to generate the emission reduction credits for the remaining sources. Application, installation and operation of the CEMS shall meet criteria provided in Rule X Section 5.
 

Section 2. Approach. - Facility owners wishing to use emission trading for compliance purposes must do so through an enforceable compliance plan submitted as a part of the operating permit application of each facility. The Bureau must approve the compliance plan and application of emission trading for it to be effective.

Section 3. Requirements. - Facilities must install a Bureau approved continuous emission monitoring system for the pollutant(s) to which emission trading is being applied. The continuous emission monitoring system must be installed on each source that is being used to generate the emission reduction credits. Application, installation and operation of the CEMS shall meet criteria provided in Rule X Section 5.
 

Section 2. Right of Entry, Inspection and Testing. - Pursuant to the Act, the Bureau, through its authorized representatives, shall have the right of:

^b Atomic Absorption Spectrophotometry.

^c All new geothermal power plants starting construction by 01 January 1995 shall control H2S emissions to not more than 150 g/GMW-Hr.

^d All existing geothermal power plants shall control H₂S emissions to not more than 200 g/GMW-Hr.

^e Best available 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 Urban Area means a poblacion or central district of cities or municipalities having at least 50,000 population, or twin political subdivisions with contiguous boundary which essentially form one community whose population is more than 50,000 inhabitants. Inside these centers or population are some scattered industrial establishments.

^h Industrial Area means a well-defined, exclusive land use area in various stages of development that are primarily established for industrial subdivisions, manufacturing and other industry mixes with provisions for common support infrastructures, facilities and services such as roads, water supply, power supply, communication systems, housing, storm drainage, sanitary sewerage systems, industrial wastewater treatment facilities, etc. These areas which are usually from 200 to 500 hectares in size as registered with the Housing and Land Use Regulatory Board (HLURB) or any other duly authorized government entities as industrial estates, parks or area. Export processing zones also fall under this category of land use.

ⁱ Other Areas means all areas other than an urban or industrial area.

^j Other Stationary Sources (particulates) means a trade, process, industrial plant, or fuel burning equipment other than thermal power plant, industrial boilers, cement plants, incinerators, smelting furnaces.

^k Provisional guideline.

^l Other Stationary Sources (sulfur oxides) refers to existing and new stationary sources other than those caused by the manufacture of sulfuric acid and sulfonation process, fuel burning equipment and incineration.
 
Section 2. Visible Emission Standards for Smoke and Opacity. - Visible opacity standards for smoke are as follows:

a.  The opacity of light or dark smoke emitted from any emission point in all stationary sources shall be such that, when compared in the appropriate manner with the Ringelmann Chart method, or using USEPA Method 9 (40 CFR, Part 60, Appendix A), or an equivalent method approved by the Department through the Bureau, visible emissions shall not appear darker than shade 1 on the Ringelmann Chart, nor exceed 20% opacity using USEPA Method 9.
 
b.  Exceptions to the requirements stated herein may be allowed under the following circumstances: The opacity limit hereinbefore prescribed shall not apply to the emission of dark smoke for less than five (5) minutes in a period of one (1) hour provided that the total period of such emission shall not exceed an aggregate of fifteen (15) minutes in any twenty-four (24) hours; provided further, that at no time should the opacity be darker than shade 3 of the chart; and provided finally, that this provisions shall not apply to cases of dark emissions resulting from cold-start and up-set conditions. Measurements of opacity shall be made in the manner specified by the approved method employed for this purpose.

a.  Where no emission or ambient standard is prescribed hereof for a specific air pollutant that is potentially harmful to public health and/or public welfare, the owner or operator of an industrial plant or stationary source shall conduct its operation or process by the best practicable means as may be necessary to prevent or minimize air pollution through the employment of cleaner production technology and sound environmental management practices;
 
b.  The absence of the ambient air or emission standard for a specific air pollutant shall not preclude the Department through the Bureau to take appropriate action to control such pollutants to assure the health, welfare and comfort of the general population.

Section 5. Miscellaneous Provisions and Equipment. - 

Stationary Fuel-Burning Equipment
 
The owner or operator of a stationary fuel-burning equipment shall, if so required by the Department through the Bureau, provide a means to the satisfaction of Secretary whereby a person in charge of such a plant or equipment may at all times ascertain without leaving the boiler room, furnace room, or control room, whether or not dark smoke is discharging from any stack or such installation, such mean may include one or more of the following:
 
a.  Window or opening through which an unobstructed view of the top of the stack may be obtained from the boiler room, furnace room or control room;
 
b.  A mirror so placed as to reflect the top of the stack, which reflection shall be visible from the boiler room, furnace room, or control room;
 
c.  A smoke density indicator and alarm installed so as to indicate adequately in the boiler room, furnace room and control room the density of smoke being discharged;
 
d.  A closed circuit television installation with the receiver located in the boiler room, furnace room, or control room;
 
e.  Any similar device which may be approved by the Secretary.
 
All oil-burning equipment shall have heaters capable of heating oil to a temperature appropriate for the oil and burner.

The following major industries are required to install continuous emission monitoring system (CEMS) for particulates and sulfur oxide emissions:
 

a.  Fossil-fuel fired power plant (including NOx)
 
b.  Petroleum refinery, petrochemical industries (including NOx)
 
c.  Primary copper smelter (including NOx)
 
d.  Steel plant, ferro-alloy production facility (particulates only)
 
e.  Cement Plant (particulates only)
 
New and existing sources falling under paragraph (3) a), b), c) and d) and new sources falling under paragraph (3) e) shall comply with the requirements of installing CEMS upon the effectivity of these Implementing Rules and Regulations.

All existing sources falling under paragraph (3) e) shall comply with the requirements of installing CEMS within twenty-four (24) months from the effectivity of these Implementing Rules and Regulations. Application, installation and operation of the CEMS shall meet criteria provided in Rule X Section 5.

Miscellaneous Equipment.

Section 6. Review and Revision of Emission Standard. - The Bureau shall provide industries, non-government organizations (NGOs) and other stakeholders the opportunity to participate in the formulation and revision of standards, determination of the technical feasibility of the revised standards, setting the schedule of implementation of the revised standards, and other related concerns. Pursuant to Section 19 of the Act, the Department through the Bureau shall review, or as the need arises, revise and publish emissions standards to further improve the emission standards for stationary sources of air pollution. Such emission standards shall be based on mass rate of emission for all stationary sources of air pollution based on internationally-accepted standards, but not be limited to, nor be less stringent than such standards and with the standards set forth in this Rule. The standards, whichever is applicable, shall be the limit on the acceptable level of pollutants emitted from a stationary source for the protection of the public's health and welfare.

Section 7. Harmonization with International Standards. - In the review and revision of emission standards, the Bureau shall, as appropriate, endeavor to achieve the harmonization of national emissions standards with those set by regional bodies such as the Association of South East Asian Nations (ASEAN).

Section 8. Self-Monitoring Report. - Each existing stationary source shall submit to the Bureau Regional Office where the facility is located a self-monitoring report of its emission rates, indicating the status of compliance with current standards. The self-monitoring report shall be submitted to the Bureau within six months of the effectivity of these IRRs, and within six months of each official revision of emission standards applicable to the source. The party or person responsible for the source shall assume responsibility for demonstrating proof of compliance, which the Bureau may subject to independent verification if it deems necessary.

Section 9. Consent Agreement. - The Department, through the Pollution Adjudication Board (PAB) may waive certain penalties or fines to be imposed upon stationary sources proven to exceed emission rates provided that the person or party responsible for the source enters into a consent agreement with the Bureau in which the responsible party shall:

a.  Implement an Environmental Management System (EMS) within eighteen (18) months of entering into said agreement using scope and procedures specified in Philippine National Standard 1701 on establishing an EMS;
 
b.  Submit an approvable Environmental Management Plan (EMP) derived from the EMS process within six (6) months of entering into a consent agreement. The EMP shall specify a timetable for attaining compliance with all environmental regulations as well as the means with which to accomplish compliance, with emphasis on pollution prevention methods and not limited to installation of pollution control devices;
 
c.  Post a performance bond acceptable to the PAB, not to exceed P500,000 but not less that P50,000 depending on the size of the facility, which shall be forfeited upon failure to submit proof of an approved EMS within eighteen (18) months, and provided that an extension of not more than twelve (12) months may be allowed by the Bureau on meritorious grounds.

Section 10. Compliance Timetable Beyond Eighteen (18) Months. - Sources proposing timetables longer than eighteen (18) months for reaching compliance shall be required to first conduct a public consultation before the consent agreement may be finalized.

Section 11. Proof of an Environmental Management System. - Proof of an approved EMS shall be in the form of an EMS audit report prepared internally by the person or party responsible for the facility, or one prepared by a third party EMS auditor. The audit report shall be prepared by a person or company certified under an international EMS standard such as ISO 14001 or an equivalent approved by EMB. This report, including a determination of the EMS's conformity to PNS 1701, shall be submitted for review and acceptance by the EMB Regional Director within eighteen (18) months from the signing of a consent agreement.

Section 12. Failure to Comply with Consent Agreement. - Failure of the stationary source to comply with the timetable specified in the consent agreement shall be sufficient grounds for closure through a Cease and Desist Order (CDO) issued by the Bureau. Further, the facility owner shall be subject to the reimposition of the original penalty (subject of the waiver) as well as additional appropriate penalties computed on a daily basis pursuant to Section 45 of the Act.

Section 13. Prohibited Acts. -

Fugitive Particulates.

No person shall cause, let, permit, suffer or allow the emission of particulate matter from any source whatsoever, including, but not limited to, vehicular movement, transportation of materials, construction, alternation, demolition or wrecking or industry related activities such as loading, storing or "handling," without taking reasonable precautions to prevent such emission. Such reasonable precaution shall include, but not be limited to, the following:

 
1.  Use, where possible, of water or chemicals for control of dust in the demolition of existing buildings or structure, construction, operations, the grinding of rock, quarry or clearing of lands;
 
2.  Application of asphalt, oil water, or suitable chemicals on roads, materials stockpiles, and other surface which create airborne dust problem; and
 
3.  Installation and use of hoods fans and fabric filters or other suitable control devices to enclose and vent the handling of dusty materials. Adequate containment methods shall be employed during sandblasting or other similar operations.
 
Volatile Organic Compounds or Organic Solvent Emissions

No person shall store, pump, handle, process, unload or use in any process or installation, volatile compound or organic solvents without applying known existing vapor emission control devices or systems deemed necessary and approved by the Department through the Bureau.

Nuisance

No person shall discharge from any source whatsoever such quantities of air contaminants or other material which constitute nuisance as defined under Articles 694 to 707 of Republic Act No. 385, otherwise known as the Civil Code of the Philippines.

Open Burning

No person shall be allowed to burn any materials in any quantities which shall cause the emission of toxic and poisonous fumes. Such materials include but not limited to plastic, polyvinyl chloride, polypropylene, paints, ink, wastes containing heavy metals, organic chemicals, petroleum related compound, industrial wastes, ozone depleting substances and other similar toxic and hazardous substances.

Further, no establishment, firm, company, government or private entity or organizations shall be allowed to burn or cause open burning of waste materials in their premises, area of jurisdiction, including recognized or unrecognized dumpsites in any quality or quantity. Violators upon determination by the Department through the Bureau shall be penalized in accordance with the provisions of Part XIII of these Implementing Rules and Regulations.

General Restrictions
 

1.  No plant or source shall operate at capacities which exceed the limits of operation or capability of a control device to maintain the air emission within the standard limitations imposed by the Act or by relevant permit conditions issued by the Department through the Bureau;
 
2.  No person shall build, erect, construct, install, or implant any new source, or operate, modify, or rebuild an existing source, or by any other means release or take action which would result in, together with the concentrations of existing air pollutants, ambient air concentration greater than the ambient air quality standards specified in Section 12 (b) of the Act;
 
3.  No person shall build, erect install or use any article, machine, equipment or other contrivance, the use of which will conceal an emission which would otherwise constitute a violation of any of the provisions of these Implementing Rules and Regulations.
No person shall cause or permit the installation or use of any device or any means which, without resulting in reduction in the total amount of air contaminant emitted, conceals or dilutes any emission of air contaminant which would otherwise violate the provisions of permit regulations of Rule XIX;
 
4.  All pollution control devices and systems shall be properly and consistently maintained and correctly operated in order to maintain emission in compliance with the provisions and standards of Section 19 of the Act. No facilities shall be operated without the control equipment in proper operation, except with the permission of the Department through the Bureau when special circumstance arise.

Notes:

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

² Ninety-eight percentile (98%) values of 30-min. sampling measured at 25^oC and one atmosphere pressure.

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

Section 2. Review of Ambient Air Quality Standards. - The Bureau shall provide industries, non-government organizations (NGOs) and other stakeholders the opportunity to participate in the formulation and revision of standards, determination of the technical feasibility of the revised standards, setting the schedule of implementation of the revised standards, and other related concerns. The Bureau shall, on an annual basis, in coordination with other concerned agencies, review the list of Hazardous Air Pollutants and the National Ambient Air Quality Standards for Source Specific Air Pollutants under Section 12 of the Act and recommend to the Secretary of the Department the revision thereof when necessary to protect public health and safety, and general welfare.

Section 3. Publication of Revised Standards. - Upon approval by the Secretary of the Department, the revised Ambient Air Quality Standards shall be published in at least one (1) newspapers of general circulation and may be posted on a public internet website.
 

a.  Best available technology and alternative methods of prevention, management and control of air pollution;
 
b.  Best available technology economically achievable which refers to the technological basis/standards for emission limits applicable to existing, direct industrial emitters of non-conventional and toxic pollutants; and
 
c.  Alternative fuels, processes and operating methods which will result in the elimination or significant reduction of emissions.

Section 2. Air Quality Control Techniques Database. - The Bureau may establish an Air Quality Control Techniques Database.
 

Section 2. Non-Burn Technologies. - With due concern on the effects of climate change, the Bureau shall promote the use of state-of-the-art, environmentally-sound and safe thermal and non-burn technologies for the handling, treatment, thermal destruction, utilization, and disposal of sorted, un-recycled, un-composted, biomedical and hazardous wastes.

Non-burn technologies are technologies used for the destruction, decomposition or conversion of wastes other than through the use of combustion and which comply with at least one of the following conditions:

Section 4. Non-applicability of the Prohibition. - The prohibition shall not apply to traditional small-scale method of community/neighborhood sanitation "siga", traditional, agricultural, cultural, health, and food preparation and crematoria.
 
Section 5. Phase-out of Incinerators Dealing with Biomedical Wastes. - Existing incinerators dealing with a biomedical wastes shall be phased out on or before 17 July 2003 provided that in the interim, such units shall be limited to the burning of pathological and infectious wastes, and subject to close monitoring by the Bureau. After the said grace period, facilities that process or treat biomedical wastes shall utilize state-of the art, environmentally-sound and safe non-burn technologies.

Section 6. Monitoring. - There shall be public participation in the monitoring of thermal treatment facilities.
 

Section 2. Regulation of Other Sources. - The DOTC shall regulate and implement emission standards on mobile sources other than those referred to under Section 21 of the Act. For this purpose, the Department through the Bureau shall formulate and establish the necessary standard for these other mobile sources. The DOTC shall collect fines and penalties provided for under Section 46 of the Act from those found to be in violation of the applicable emissions standards for other mobile sources.
 

(a) Manufacture, local assembly or importation into the country of new motor vehicle shall be covered by a Certificate of Conformity (COC) to be issued pursuant to the following sections of this Rule, provided, however, that those motor vehicle types already covered by the COC at the time of the effectivity of these rules shall not be subject to these provisions unless the Department finds justifiable to suspend, cancel or revoke such a certificate;

(b) Enforcement of permissible emission levels of vehicles to be manufactured, marketed and/or operated in the country;

(c) Implementation of the National Motor Vehicle Inspection and Maintenance Program including accreditation and authorization of private emission testing centers and certification of inspectors and mechanics, and;

(d) Roadside inspection of motor vehicles.

(a) Vehicles designed and manufactured in the Philippines using brand new engines and spare parts;

(b) Vehicles assembled in the Philippines using original and brand new parts and components imported into the country either semi knocked down (SKD) or completely knocked down (CKD);

(c) New vehicles completely built up (CBU) imported into the country.

While the DOTC/LTO is developing inspection capability for the vehicle type approval system test, the certificate of compliance to emission standards authenticated by the Philippine Embassy/Consulate from the country of origin or manufacture of subject vehicle shall be valid and sufficient.

Section 2. Transitory Emission Limits. - As a condition for the issuance of a COC, exhaust emission limits for new vehicle types, to be manufactured/assembled in the country up to 31 December 2002, shall not exceed the following: