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PHILIPPINE ENVIRONMENT LAWS




This page features the full text of the
IMPLEMENTING RULES AND REGULATIONS
OF REPUBLIC ACT NO. 8749
  The Philippine Clean Air Act of 1999.

 
Read full text of:chanroblesvirtuallawlibrary
THE PHILIPPINE CLEAN AIR ACT OF 1999
REPUBLIC ACT NO. 8749
IMPLEMENTING RULES AND REGULATIONS
OF REPUBLIC ACT NO. 8749
ANNEX "A"
IMPLEMENTING RULES AND REGULATIONS
ANNEX "B"
IMPLEMENTING RULES AND REGULATIONS
ANNEX "C"
IMPLEMENTING RULES AND REGULATIONS
 
_______________________
IMPLEMENTING RULES AND REGULATIONS
OF REPUBLIC ACT NO. 8749
PHILIPPINE CLEAN AIR ACT OF 1999

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:chanroblesvirtuallawlibrary
 

PART I
GENERAL PROVISIONS
 
RULE I
PRELIMINARY PROVISIONS
 

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.
 

RULE II
DECLARATION OF STATE POLICY
 

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.
 

RULE III
AIR QUALITY PRINCIPLES
 

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.
RULE IV
AIR QUALITY POLICIES
 
Section 1. Air Quality Policies. - It is the policy of the State to:chanroblesvirtuallawlibrary
    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.
RULE V
RIGHTS
 
Section 1. Recognition of Rights. -  Pursuant to the above-declared principles, the following rights of citizens are hereby sought to be recognized and the State shall seek to guarantee their enjoyment:chanroblesvirtuallawlibrary
    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.
RULE VI
DEFINITION OF TERMS
 
Section 1. Definitions. - The following terms as used in these Implementing Rules and Regulations shall be defined as follows:chanroblesvirtuallawlibrary

"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:chanroblesvirtuallawlibrary

"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:chanroblesvirtuallawlibrary

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 (25o) 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.

PART II
NATIONAL AMBIENT AIR QUALITY GUIDELINES
 
RULE VII
NATIONAL AIR QUALITY
 

Section 1. National Ambient Air Quality Guideline Values

(a) Pursuant to Section 12 of Republic Act 8749, the initial set of National Ambient Air Quality Guideline Values necessary to protect public health and safety and general welfare shall be as follows:chanroblesvirtuallawlibrary
Table 1
National Ambient Air Quality Guideline Values
 
Pollutants 
Short Terma 
Long Termb 
m g/Ncm 
ppm 
Averaging Time 
m g/Ncm 
ppm 
Averaging Time 
Suspended Particulate Matterc —   

TSP  

PM-10 

230d
150f 
24 hours
24 hours 
90
60 
1 yeare
1 yeare 
Sulfur Dioxidec 
180 
0.07 
24 hours 
80 
0.03 
1 year 
Nitrogen Dioxide 
150 
0.08 
24 hours 
 

 

 

Photochemical Oxidants as Ozone 
140
60 
0.07
0.03 
1 hour
8 hours 
 

 

 

Carbon Monoxide 
35 mg/Ncm
10 mg/Ncm 
30
1 hour
8 hours 
 

 

 

Leadg 
1.5 
3 monthsg 
1.0 
 

1 year 

a Maximum limits represented by ninety-eight percentile (98%) values not to exceed more than once a year.
 
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 or 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 m m.
 
e Annual Geometric Mean.
 
f Provisional limits for Suspended Particulate Matter with mass median diameter less than 10 m m and below until sufficient monitoring data are gathered to base a proper guideline.
 
g Evaluation of this guideline is carried out for 24-hour averaging time and averaged over three moving calendar months. The monitored average value for any three months shall not exceed the guideline value.
(b) The applicable methods for sampling and measurement of the above pollutants are as follows:chanroblesvirtuallawlibrary
 
TSP - High Volume - Gravimetric, USEPA 40 CFR, Part 50, Appendix B
PM-10 - High Volume with 10 micron particle-size inlet; Gravimetric, USEPA 40 CFR, Part 50, Appendix J
Sulfur Dioxide - Gas Bubbler and Pararosaniline Method (West and Gaeke Method), or   

Flame Photometric Detector, USEPA 40CFR, Part 50, Appendix A

Nitrogen Dioxide - Gas Bubbler Griess-Saltzman, or Chemiluminescence Method,  

USEPA 40 CFR, Part 50, Appendix F

Ozone - Neutral Buffer Potassium Iodide (NBKI), or Chemiluminescence Method,  

USEPA 40 CFR, Part 50, Appendix D

Carbon Monoxide - Non-dispersive Infra-red Spectrophotometry (NDIR),  

USEPA 40 CFR, Part 50, Appendix C

Lead - High Volume and Atomic Absorption Spectrophotometry,  

USEPA 40 CFR, Part 50, Appendix G

 
(c) An analyzer based on the principles and methods cited above will be considered a reference method only if it has been designated as a reference method in accordance with 40 CFR, Part 53.

(d) Other equivalent methods approved by the Bureau may be adopted.

Section 2. Review of Air Quality Guideline Values. - The Department through the Bureau shall, on a routine basis, in coordination with other concerned agencies and programs such as the National Research and Development Program for the Prevention and Control of Air Pollution, review the list of Hazardous Air Pollutants and Guideline Values and recommend to the Secretary of the Department the revision thereof whenever necessary to protect public health and safety, and general welfare, consistent with the requirements of Rule XVII, Section 3.
 
Section 3. Publication of Revised Values. - Upon approval by the Secretary, the revised Ambient Air Quality Guideline Values shall be published in one (1) newspaper of general circulation and shall be posted on a public Internet website.
 
Section 4. Air Quality Indices. - The Department through the Bureau, and in conjunction with the Department of Health (DOH) may formulate a pollution standard index of air quality to protect public health, safety and general welfare. Implementation and enforcement of corrective actions contained in the index will be at the local government unit (LGU) level. Annex A contains the air quality indices and recommended actions that each LGU may opt to follow.
PART III
MAINTENANCE OF ATTAINMENT AREAS
 
RULE VIII
ATTAINMENT AREAS - GENERAL
 

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.

 

RULE IX
EXISTING SOURCES IN ATTAINMENT AREAS
 

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).
 

Carbon Monoxide  100 tons per year 
Nitrogen Oxides  40 tons per year 
Sulfur Dioxide  40 tons per year 
TSP  25 tons per year 
PM10  15 tons per year 
Volatile Organic Compounds  40 tons per year 
Hydrogen Sulfide  10 tons per year 
 
 
RULE X
NEW/MODIFIED SOURCES IN ATTAINMENT AREAS
 

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:chanroblesvirtuallawlibrary
 

PM-10, annual arithmetic mean  17 micrograms per cubic meter 
PM-10, 24-hr maximum  30 micrograms per cubic meter 
Sulfur Dioxide, annual arithmetic mean  20 micrograms per cubic meter 
Sulfur Dioxide, 24-hr maximum  91 micrograms per cubic meter 
Nitrogen Dioxide, annual arithmetic mean  25 micrograms per cubic meter 

In the case of multiple point sources at a single facility, the net emissions from all affected sources shall be included in a single increment analysis.
 
Section 4. Emission Averaging and Emission Trading. - Sources subject to provision of this Rule shall not be eligible for emission averaging however they may generate emission credits for purposes of an acceptable emission trading program.
 
Section 5. Continuous Emission Monitoring. - New and modified sources shall install and operate, according to manufacturer specifications, continuous emission monitoring systems (CEMS) for each applicable pollutant listed in Section 4, Rule IX that the source has the POTENTIAL to emit in quantities equal to or greater than 100 tons per year. TSP and PM-10 fractions are not differentiated for purposes of this section; therefore, applicability will be determined by the total particulate matter expected to be emitted for new sources, or as collected by 40 CFR Part 60, Appendix A, Method 5 for modified sources. CEMS shall be applied as follows:chanroblesvirtuallawlibrary

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.
The CEMS requirements under this Section shall not apply to refinery flares, as well as to volatile organic compounds, unless a specific provision requires CEMS for volatile organic compounds is included in the facility’s permit to operate.
PART IV
MANAGEMENT OF NON-ATTAINMENT AREAS
RULE XI
NON-ATTAINMENT AREAS - GENERAL
 
Section 1. Designation of Non-Attainment Areas. - The Bureau shall designate and delineate areas where the existing ambient air quality is not in conformance with National Ambient Air Quality Guideline values given in Part II as "non-attainment areas." Designation of non-attainment areas will be based on monitoring data collected using the reference methods in Part II or as may be reasonably expected from existing nearby sources and meteorological conditions. Special consideration will be given to populated areas where greater numbers of people may be exposed to unhealthy air. 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 becomes available.chanrobles virtualawlibrary

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.
 

RULE XII
EXISTING SOURCES IN NON-ATTAINMENT AREAS
 
Section 1. Standards. - Existing sources must comply with all National Emission Standards for Source Specific Air Pollution and Ambient Air Quality Standards pertaining to the source.chanrobles virtualawlibrary

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.
 

RULE XIII
NEW/MODIFIED SOURCES IN NON-ATTAINMENT AREAS

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.

PART V
AIR QUALITY MANAGEMENT SYSTEM
RULE XIV
AIR QUALITY MANAGEMENT INFORMATION SYSTEM
 
Section 1. Ambient Air Monitoring Network. - The Bureau shall, within two (2) years from the effectivity of these Rules, design and establish an Ambient Air Monitoring Network for the assessment of ambient air quality. The Ambient Air Monitoring Network shall be expanded gradually to cover the entire country.chanrobles virtualawlibrary

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:chanroblesvirtuallawlibrary

    (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.
Upon approval by the Secretary of the Department of Environment and Natural Resources, the National Air Quality Status Report shall be submitted to the Office of the President and to Congress on or before March 31 of every year and shall cover the preceding calendar year. The National Air Quality Status Report and other related reports shall be made available to the public.
 
RULE XV
AIRSHEDS

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:chanroblesvirtuallawlibrary

    (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.
There shall be two Deputy Chairpersons, namely, the Department Regional Executive Director and Regional Director in the region where the airshed is located. It is expected that the ratio of the number of Board representatives from government agencies to those from non-government agencies or organizations will be on the order of 60/40.chanrobles virtualawlibrary

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

    (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 7. Executive Committee. - An Executive Committee will be formed consisting of seven persons; Chairperson, 2 Deputy Chairs and 4 members elected by the at large governing board. Where possible, members of the Committee will be selected for their expertise in the subject area. Representatives will be selected from the appropriate region.chanrobles virtualawlibrary

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.
 

RULE XVI
AIR QUALITY MANAGEMENT FUND
 
Section 1. Air Quality Management Fund. - An Air Quality Management Fund to be administered by the Environmental Management Bureau 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 bye allocated per airshed for the undertakings herein stated.chanrobles virtualawlibrary

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:chanroblesvirtuallawlibrary

    (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
Section 3. Sources for the Air Quality Management Fund. - Sources for the Air Quality Management Fund shall include:chanroblesvirtuallawlibrary
    (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.
Section 4. Decision Making on the Use of the Air Quality Management Fund. -
The Department is responsible for allocating funds from the Air Quality Management Fund. It will formulate a detailed set of criteria (project design, project management, project reporting and project accounting) on which decision making of requests for support from Air Quality Management Fund will be based. Individual Governing Boards shall follow these criteria in allocating those funds that are put at their disposal by the Department. Individual Governing Boards shall set up special committees for this purpose with members drawn from both the government, private sector and civil society members of each Governing Board.chanrobles virtualawlibrary

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.
 

RULE XVII
AIR POLLUTION RESEARCH AND DEVELOPMENT PROGRAM

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.
 

RULE XVIII
EMISSION QUOTAS

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.

PART VI
AIR POLLUTION CLEARANCES AND PERMITS FOR STATIONARY SOURCES
RULE XIX
PERMIT REGULATIONS

Section 1. Permits Required. - All sources of air pollution subject to these Implementing Rules and Regulations must have a valid Permit to Operate. Existing sources must obtain a permit issued by the Director unless exempted by Executive Order. New or modified sources must first obtain an Authority to Construct, issued by the Director.chanrobles virtual law library

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.
Filing fees for applications which have been denied shall not be refunded nor applied to subsequent applications.chanrobles virtual law library

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.
Any interested person, furnishing a copy thereof to the applicant may before its approval, oppose such application in writing. In such a case, the Environmental Management Bureau may conduct a public hearing on the application.chanrobles virtual law library

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.chanrobles virtual law library

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.chanrobles virtual law library

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.chanrobles virtual law library

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.
Section 6. Action on the Application for Permit to Operate. - Within thirty (30) days from submission of the complete requirements, the Department through the Bureau shall act on the application for Permit to Operate by approving or denying the same in writing. The Department through the Bureau may deny an application having incomplete requirements when the applicant fails or refuses to complete the same despite being given reasonable time to do so.chanrobles virtual law library

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.chanrobles virtual law library

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.chanrobles virtual law library

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.chanrobles virtual law library

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.chanrobles virtual law library

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.chanrobles virtual law library

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.
Section 10. Grounds for Suspension or Revocation of Permits. - After due notice and hearing, the Department through the Bureau may suspend or revoke any existing and valid permit on any of the following grounds:
    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.
Section 11. Posting of Permit. - The permittee shall display the permit upon the installation itself in such manner as to be clearly visible and accessible at all times. In the event that the permit cannot be so placed, it shall be mounted in an accessible and visible place near the installation covered by the permit.chanrobles virtual law library

No person shall willfully deface, alter, forge, counterfeit, or falsify any permit.chanrobles virtual law library

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.chanrobles virtual law library

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.chanrobles virtual law library

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.chanrobles virtual law library

RULE XX
FINANCIAL LIABILITY FOR ENVIRONMENTAL REHABILITATION

Section 1. Financial Guarantee Mechanisms. - As part of the environmental management plan attached to the environmental compliance certificate (ECC) pursuant to Presidential Decree No. 1586 and rules and regulations, the Bureau shall require program and project proponents to put up financial guarantee mechanisms to finance the needs for emergency response, clean-up or rehabilitation of areas that may be damaged during the program or actual project 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 Bureau and incorporated into the ECC.chanrobles virtual law library

The Bureau may promulgate guidelines for the effective implementation of said financial guarantee mechanisms.chanrobles virtual law library

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.chanrobles virtual law library

RULE XXI
EMISSION AVERAGING

Section 1. Applicability. - Facilities having multiple sources within a contiguous property and owned by the same entity may use emission averaging for compliance purposes if provided for in either Part III or Part IV.chanrobles virtual law library

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.chanrobles virtual law library

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.chanrobles virtual law library

RULE XXII
EMISSIONS TRADING

Section 1. Applicability. - Emissions trading may be allowed among pollution sources within an airshed as provided in Parts III and IV. Facilities located in different airsheds may use trading as approved by the Bureau.chanrobles virtual law library

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.chanrobles virtual law library

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.chanrobles virtual law library

RULE XXIII
SYSTEM OF INCENTIVES

Section 1. Tax Incentives. - Industries, which shall install pollution control devices or retrofit their existing facilities with mechanisms that reduce pollution shall be entitled to tax incentives such as but not limited to tax credits and/or accelerated depreciation deductions.chanrobles virtual law library
RULE XXIV
RECORD-KEEPING, INSPECTION, MONITORING AND ENTRY

Section 1. Required Relevant Reports and Records. - The Environmental Management Bureau or its duly accredited entity shall, after proper consultation and notice, require any person who owns or operates any emissions source or who is subject to any requirement of this Act to : (a) establish and maintain relevant records; (b) make relevant reports; (c) install, use and maintain monitoring equipment or methods; (d) sample emission, in accordance with the methods, locations, intervals and manner prescribed by the Environmental Management Bureau; (e) keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical; and (f) provide such other information as the Environmental Management Bureau may reasonably require.chanrobles virtual law library

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

(a) entry of access to any premises including documents and relevant materials as referred to in the herein preceding paragraph;

(b) inspect any pollution or waste source, control device, monitoring equipment or method required; and

(c) test any emission.

Section 3. Records Available to the Public. - Any record, report or information obtained under this section shall be made available to the public, except upon a satisfactory showing to the Environmental Management Bureau by the entity concerned that the record, report or information, or parts thereof, if made public, would divulge secret methods or processes entitled to protection as intellectual property. Such record, report or information shall likewise be incorporated in the Environmental Management Bureau’s industrial rating system.chanrobles virtual law library
 
PART VII
  POLLUTION FROM STATIONARY SOURCES
RULE XXV
STATIONARY SOURCES - GENERAL

Section 1. National Emission Standards for Source Specific Air Pollutants. - For any trade, industry, process, fuel-burning equipment or industrial plant emitting air pollutants, the concentration at the point of emission shall not exceed the limits set in Table 2.chanrobles virtual law library
Table 2 National Emission Standards for Source Specific Air Pollutants (NESSAP)
POLLUTANT 
STANDARD APPLICABLE
TO SOURCE
MAXIMUM
PERMISSIBLE
LIMITS (mg/Ncm)
METHOD OF
SAMPLINGa 
METHOD OF
ANALYSISa 
Antimony and its Cmpds.  Any source 
10 as Sb 
USEPA Methods 1 through 5 or 29 
AASb or per sampling method 
Arsenic and its Cmpds.  Any source 
10 as As 
USEPA Methods 1 through 5 or 29 
AASb or per sampling method 
Cadmium and its Cmpds.  Any source 
10 as Cd 
USEPA Methods 1 through 5 or 29 
AASb or per sampling method 
Carbon Monoxide  Any industrial source 
500 as CO 
USEPA Method 3 or 10 
Orsat Analysis or NDIR 
Copper and its Cmpds.  Any industrial source 
100 as Cu 
USEPA Methods 1 through 5 or 29 
AASb or per sampling method 
Hydrofluoric Acid and Fluoride Compounds  Any source other than manufacture of Aluminum from Alumina 
50 as HF 
USEPA Method 13 or 14 as appropriate 
As per sampling method 
Hydrogen Sulfide  i) Geothermal power plants   

ii) Geothermal Exploration And Well Testing  

iii) Any source other than (i) and (ii) 

c, d
e
7 as H2
USEPA Method 11, 15 or 16 as appropriate 
Cadmium Sulfide Method or 
per sampling method 
Lead  Any trade, industry or process 
10 as Pb 
USEPA Methods 1 through 5or 12 or 29 
AASb or per sampling method 
Mercury  Any source 
5 as elemental Hg 
USEPA Methods 1 through 5 or 29 or 101 
AASb / Cold-Vapor Technique or Hg Analyzer 
Nickel and its Cmpds. Except Nickel Carbonylf  Any source 
20 as Ni 
USEPA Methods 1 through 5 or 29 
AASb or per sampling method 
NOx  1.  Manufacture of Nitric Acid
2.  Fuel burning steam generators
    a.  Existing Source
    b.  New Source
      1. Coal-fired
      2. Oil-fired
1.  Diesel-powered electricity generators
2.  Any source other than (1), (2) and (3)
    1. Existing Source
    2. New Source 
2,000 as acid & NO2 calculated as NO2
1,500 as NO2
1,000 as NO2
500 as NO2
2,000 as NO2
1,000 as NO2
500 as NO2 
USEPA Methods 1 through 4 and Method 7 
Phenol-disulfonic acid Method or per sampling method
Particulates  1.  Fuel Burning Equipment
    a.  Urbang and Industrial Areah
    b.  Other Areai
2.  Cement Plants (kilns, etc.) 
3.  Smelting Furnaces
4.  Other Stationary Sourcesj 
150 
200 
150 
150 
200 
USEPA Methods 1 through 5 
Gravimetric per sampling method 
Phosphorus Pentoxidek  Any source 
200 as P2O5 
USEPA Methods 1 through 5 or 29 
Spectrophotometry or per sampling method 
Sulfur Oxides  1.  Existing Sources
    a. Manufacture of Sulfuric Acid and Sulf(on)ation Process
    b. Fuel Burning Equipment
    c. Other Stationary Sourcesl
2.  New Sources
    a. anufacture of Sulfuric Acid and Sulf(on)ation Process
    b. Fuel Burning Equipment
    c. Other Stationary Sourcesl 
2,000 as SO3
1,500 as SO2
1,000 as SO3
1,500 as SO3
700 as SO2
200 as SO3 
USEPA Methods 1 through 4 and 6 or 8 as appropriate 
As per sampling method 
Zinc and its Compounds  Any source 
100 as Zn 
USEPA Methods 1 through 5 or 29 
AASb or per sampling method 

a Other equivalent methods approved by the Department may be used.chanrobles virtual law library

b Atomic Absorption Spectrophotometry.chanrobles virtual law library

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

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

e Best available control technology for air emissions and liquid discharges. Compliance with air and water quality standards is required.chanrobles virtual law library

f Emission limit of Nickel Carbonyl shall not exceed 0.5 mg/Ncm.chanrobles virtual law library

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.chanrobles virtual law library

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.chanrobles virtual law library

i Other Areas means all areas other than an urban or industrial area.chanrobles virtual law library

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.chanrobles virtual law library

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.chanrobles virtual law library

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.
Section 3. Absence of Emission Standard for Other Air Pollutants. - 
    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 4. Sampling Methods. - Sampling for compliance purposes shall be conducted using the methods prescribed above or other equivalent method as approved by the Department through the Bureau. Sampling shall be conducted under routine operating conditions at the facility. Operating conditions at the facility during compliance testing will be used by the Bureau to establish permit conditions under which the facility may operate.chanrobles virtual law library

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.chanrobles virtual law library

        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.chanrobles virtual law library

        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.
Re-heating furnaces, smoke ovens, bake ovens, coffee heaters, varnish kettles, paint booths and similar equivalent shall be so designed that when operating, there is no free flow of objectionable gases into the atmosphere. To minimize the escape of smoke, odors, fly ash or fumes, appropriate air pollution control facilities shall be installed.chanrobles virtual law library

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.chanrobles virtual law library

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).chanrobles virtual law library

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.chanrobles virtual law library

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.
The consent agreement shall incorporate requirements for environmental performance through timetables and reporting of performance, in addition to commitments and procedures adopted in the EMP.chanrobles virtual law library

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.chanrobles virtual law library

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.chanrobles virtual law library

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.chanrobles virtual law library

Section 13. Prohibited Acts. -

    Fugitive Particulates.chanrobles virtual law library

    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.chanrobles virtual law library

    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.chanrobles virtual law library

    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.chanrobles virtual law library

    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.chanrobles virtual law library

    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.
RULE XXV
SOURCE SPECIFIC AMBIENT AIR QUALITY STANDARDS

Section 1. National Ambient Air Quality Standards. - For any industrial establishment or operation, the discharge of air pollutants that result in airborne concentrations in excess of the National Ambient Air Quality Standards shown in Table 3 shall not be permitted. Sampling shall be done at an elevation of at least two (2) meters above the ground level and at the location of highest expected concentration and under worst case meteorological conditions. Location and meteorological conditions shall be determined using dispersion modeling. Bureau-approved techniques shall be followed in developing sampling plans.. However, the Bureau may approve the adoption of a different procedure in the choice of the location of the monitoring equipment depending upon the physical surrounding and other relevant factors in the area where the sampling is to be conducted.chanrobles virtual law library
Table 3
National Ambient Air Quality Standards for Source Specific Air Pollutants from Industrial Sources/Operations

Concentration
Averaging  
Time (min)
Method of Analysis/Measurement c
Pollutants m g/Ncm Ppm
Ammonia 200 .028 30 Nesselerization / Indo Phenol
Carbon Disulfide 30 0.01 30 Tischer Method
Chlorine and Chlorine cmpds expressed as CL2 100 0.03 5 Methyl Orange
Formaldehyde 50 0.04 30 Chromotropic Acid method or MBTH  
Colorimetric method
Hydrogen Chloride 200 0.13 30 Volhard Titration with Iodine solution
Hydrogen Sulfide 100 0.07 30 Methylene Blue
Lead 20
30 AAS
Nitrogen Dioxide 375  

260

0.20  

0.14

30  

60

Griess-Saltzman
Phenol 100 0.03 30 4-Aminoantipyrine
Sulfur Dioxide 470  

340

0.18  

0.13

30  

60

Colorimeteric-Pararosaline
Suspended Particulate Matter — TSP   

PM-10

300
200
--
--
60
60
Gravimetric  

Gravimetric

Antimony 0.02 mg/Ncm -- 30 AASb
Arsenic 0.02 mg/Ncm -- 30 AASb
Cadmium 0.01 mg/Ncm -- 30 AASb
Asbestos 2 x 106   
Particulates/Ncm
(over 5
micrometer in 
size)
-- 30 Light Microscopy
Sulfuric Acid 0.3 mg/Ncm -- 30 Titration
Nitric Acid 0.4 mg/Ncm -- 30 Titration
 

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.chanrobles virtual law library

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

3 Other equivalent methods approved by the Department through the Bureau may be used.chanrobles virtual law library

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.chanrobles virtual law library

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.chanrobles virtual law library

RULE XXVII
AIR QUALITY CONTROL TECHNIQUES

Section 1. Air Quality Control Techniques. - Simultaneous with the issuance of the Ambient Air Quality Guideline Values, the Bureau, through the National Research and Development Program contained in the Act, and upon consultation with the appropriate advisory committees, government agencies and LGUs, shall issue, and from time to time, revise information on air pollution control techniques. Such information shall include:
    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.
Such information may also include data relating to the cost of installation and operation, energy requirement, emissions reduction benefits, and environmental impact or the emission control technology.chanrobles virtual law library

Section 2. Air Quality Control Techniques Database. - The Bureau may establish an Air Quality Control Techniques Database.chanrobles virtual law library

RULE XXVIII
NON-BURN TECHNOLOGIES

Section 1. Incineration Prohibited. - Pursuant to Section 20 of the Act, incineration, hereby defined as the burning of municipal, bio-medical and hazardous wastes, which process emits toxic and poisonous fumes is prohibited.chanrobles virtual law library

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.chanrobles virtual law library

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:

(a) The environment within the destruction chamber is free of Oxygen; or
(b) Fire is not used within the destruction chamber; or
(c) The source of heat is not fire; or
(d) A heat-conducting material or medium, whether of a solid, liquid, gaseous, sol or gel form, is used to destroy the waste.
Non-burn technologies may be used provided that the following conditions are strictly complied with:
(a) Applicable emission standards are not exceeded;
(b) Installation and approved use of CEMS measuring PM, NO2, CO, Chlorine and temperature;
(c) Compliance with all other relevant requirements of these Implementing Rules and Regulations. In cases where the requirements of this Rule are more restrictive than those of the other requirements of the Implementing Rules and Regulations, the more restrictive requirements shall apply.
Section 3. Emission Standards for Thermal Treatment Facilities/Non-Burn Technologies. - Emissions from thermal treatment facilities and non burning technologies shall be deemed toxic and poisonous when they result from the processing of chlorinated compounds, or when they exceed the following emission standards set forth in Tables 4 and 5:
Table 4
Daily and Half Hourly Average Limits —Treatment Facilities Using Non-burn Technologies
Item 
Daily Average Values 
Half Hourly Average Values 
Particulates (total dust) 
10 mg/Ncm 
30 mg/Ncm 
Gaseous and vaporous organic substances, expressed as total organic carbon 
10 mg/Ncm 
20 mg/Ncm 
Hydrogen chloride (HCl) 
10 mg/Ncm 
60 mg/Ncm 
Hydrogen fluoride (HF) 
1 mg/Ncm 
4 mg/Ncm 
Sulfur dioxide (SO2
50 mg/Ncm 
200 mg/Ncm 
Nitrogen monoxide (NO) and Nitrogen dioxide (NO2), expressed as nitrogen dioxide for incineration plants with a capacity exceeding 3 tonnes per hour 
200 mg/Ncm 
400 mg/Ncm 
Nitrogen monoxide (NO) and nitrogen dioxide (NO2), expressed as nitrogen dioxide for incineration plants with a capacity of 3 tonnes per hour or less 
300 mg/Ncm 
-- 
Ammonia 
10 mg/Ncm 
20 mg/Ncm 
Table 5
Limits for Metals, Dioxins and Furans - Treatment Facilities Using Non-burn Technologies
Item 
Average Valuesa 
Cadmium and its compounds, expressed as cadmium (Cd) 
total 0.05mg/Ncm
Thallium and its compounds, expressed as thallium (Tl) 
Mercury and its Compounds, expressed as mercury (Hg) 
0.05 mg/Ncm 
Antimony and its compounds, expressed as antimony (Sb) 
total 0.5 mg/Ncm 
Arsenic and its compounds, expressed as arsenic (As) 
Lead and its compounds, expressed as lead ( Pb) 
Chromium and its compounds, expressed as chromium (Cr) 
Cobalt and its compounds, expressed as cobalt (Co) 
Copper and its compounds, expressed as copper (Cu) 
Manganese and its compounds, expressed as manganese (Mn) 
Nickel and its compounds, expressed as nickel (Ni) 
Vanadium and its compounds, expressed as vanadium (V) 
Tin and its compounds, expressed as tin (Sn) 
Dioxins and Furans 
0.1 nanogram/Ncm 

a These average values cover gaseous and the vapor forms of the relevant heavy metal emission as well as their compounds. Provided, that the emission of dioxins and furans into the air shall be reduced by the most progressive techniques. The average values shall be measured over a sample period of a minimum of four (4) hours and a maximum of eight (8) hours, except that all averages of dioxins and furans shall be measured over a sample period of a minimum of six (6) hours and maximum of eight (8) hours.chanrobles virtual law library

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.chanrobles virtual law library

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

PART VIII
POLLUTION FROM OTHER SOURCES
RULE XXIX
POLLUTION FROM OTHER SOURCES - GENERAL

Section 1. Ban on Smoking. - The Local Government Units (LGUs) shall, within six (6) months from the effectivity of these Implementing Rules and Regulations, implement or enforce a ban on smoking inside a public building or an enclosed public place including public vehicles and other means of transport or in any enclosed area outside of one's private residence, private place or work or any duly designated smoking area.chanrobles virtual law library

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.chanrobles virtual law library
 

PART IX
POLLUTION FROM MOTOR VEHICLES
RULE XXX
MOTOR VEHICLE COVERAGE

Section 1. Scope. - These provisions, in the interest of public safety and conservation of the environment, are applicable with respect to:
    (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.chanrobles virtual law library

RULE XXXI
EMISSION CONTROL FOR NEW VEHICLES

Section 1. Certificate of Conformity. - A COC shall be issued by the Department through the Bureau to a vehicle manufacturer, assembler, or importer certifying that a vehicle type complies with the emission standards in this Rule. No new motor vehicle shall be allowed initial registration unless a valid COC issued by the Department through the Bureau is granted. New motor vehicles shall refer to the following:
    (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.chanrobles virtual law library

The emission test for type approval shall be carried out by the DOTC/LTO under the policy, regulation and guidelines supervision of the DENR. The facility where the tests will be conducted shall be chosen by the DENR utilizing the vehicle type approval system testing center of the DOTC/LTO. It shall also have visitorial powers over the LTO Motor Vehicle Inspection Center and Vehicle Type Approval System Testing Center where these tests are carried out.chanrobles virtual law library

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.chanrobles virtual law library

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:

For cars and light duty motor vehicles, the limits for emission of gaseous pollutants as a function of given reference mass shall be as provided hereunder:


Table 6
Exhaust Emission Limits of Gaseous Pollutants for Cars and Light Duty
Motor Vehicles (Reference No. ECE Reg. 15-04)
 
Reference Mass  
(kg) 
CO  
g/km 
HC + NO3g/km 
Type I Test  Type Approval  Conformity of Production  Type Approval  Conformity of Production 
750 
58 
70 
19.0 
23.8 
751 — 850 
58 
70 
19.0 
23.8 
851 — 1020 
58 
70 
19.0 
23.8 
1021 — 1250 
67 
80 
20.5 
25.6 
1251 - 1470 
76 
91 
22.0 
27.5 
1471 — 1700 
85 
101 
23.5 
29.4 
1701 — 1930 
93 
112 
25.0 
31.3 
1931 — 2150 
101 
121 
26.5 
33.1 
2150 
110 
132 
28.0 
35.0 
All Vehicles
Type II Test 
Maximum Concentration of CO at end of last urban cycle = 3.5% 
All Vehicles Type III Test 
No Crankcase Emissions Permitted 

For medium and heavy duty motor vehicles with compression-ignition engine, the limit for the emission of gaseous pollutant shall be as provided hereunder:
Table 7
Exhaust Limits of Gaseous Pollutants for Medium and Heavy Duty Motor Vehicles Equipped with
Compression-Ignition Engine (Reference No. ECE Reg. 49-01)
CO  
(g/kWh) 
HC  
(g/kWh) 
NOx  
(g/kWh) 
11.2  2.4  14.4 

Table 8
Smoke Emission Limits Under Steady State Conditions (Reference No. ECE Reg. 24-03)
Nominal Flow  
(liters/second) 
Absorption Coefficient  
(m-1
42  2.26 
100  1.495 
200  1.065 
 

Opacity under free acceleration should not exceed the approved level by more than 0.5 m-1.chanrobles virtual law library

Fuel evaporative emissions for spark ignition engines shall not exceed 2.0 grams per test.chanrobles virtual law library

For motorcycles, CO emissions at idle shall not exceed 6% for all types.chanrobles virtual law library

Section 3.  Test Procedures to Determine Exhaust Emissions Under Transitory Standards

The test procedures for the determination of gaseous exhaust emissions under the transitory standards shall be as follows:
For cars and light duty motor vehicles  ECE Regulation 15-04 "Uniform provision concerning the approval of vehicle equipped with positive-ignition engine or with compression-ignition engine with regard to emission of gaseous pollutant by the engine" 
For medium and heavy duty motor vehicles with compression-ignition engines  ECE Regulation 49-01 "Uniform provision concerning the approval of compression ignition (C.I.) engines and vehicles with C.I. engines with regards to the emission of pollutant by the engine" 
For the determination of CO emission  Test procedure for the determination of CO emission shall be at idling speed. 

Section 4. Emission Standards Effective Year 2003. - As a condition for issuance of a COC, exhaust emission limits for motor vehicle types with spark ignition engines and compression ignition engines to be introduced into the market beginning 01 January 2003 shall refer to the provisions of Sec. 21 of the Act, which is equivalent to Euro 1, as follows:chanroblesvirtuallawlibrary

Table 9
Emission Limits for Passenger Car/Light Duty Vehicle Type Approval
(Directive 91/441/EEC)
CO  
(g/km) 
HC + NOx  
(g/km) 
PM1  
(g/km) 
Type Approval  Conformity of Production  Type Approval  Conformity of Production  Type Approval  Conformity of Production 
2.72  3.16  0.97  1.13  0.14  0.18 
For Compression-ignition engines only.
Table 10
Emission Limits for Passenger/Light Commercial Vehicles as a Function of the Given Reference Mass Type Approval
(Directive 93/59/EEC)

CO  HC+NOX  PM1
Class of Vehicle  Type Approval  Conformity of Production  Type Approval  Conformity of Production  Type Approval  Conformity of Production 
Class 1(<1250 Kg)  2.72  3.16  0.97  1.13  0.14  0.18 
Class 2(1251<>1700)  5.17  6.0  1.40  1.6  0.19  0.22 
Class 3(>1700 Kg)  6.9  8.0  1.7  2.0  0.25  0.29 
 ,
For Compression Ignition vehicles only.
Table 11
Emission Limits for Heavy Duty Vehicle Type Approval
(Directive 91/542/EEC)
CO  
(g/k Wh) 
HC  
(g/k Wh) 
NOx  
(g/k Wh) 
PM2  
(g/k Wh) 
Type Approval  Conformity of Production  Type Approval  Conformity of Production  Type Approval  Conformity of Production  Type Approval  Conformity of Production 
4.5  4.9  1.10  1.23  8.0  9.0  0.36  0.4 
For Compression ignition vehicles only.
For engines of 85 kW or less, the limit value for particulate emissions
is increased by multiplying the quoted limit by a coefficient of 1.7.
Table12
Smoke Emission Limits Under Steady State Conditions (Reference No. ECE Reg. 24-03)
Nominal Flow  
(liters/second) 
Light Absorption Coefficient(m-1
42 
2.26 
100 
1.495 
200 
1.065 
Opacity under free acceleration should not exceed the approved level by more than 0.5 m-1.
Table 13
Emission Limits for Motorcycle Type Approval with 4-stroke Engines
ECE Regulation 40.01
Reference Weight R(1)(kg) CO (g/km) HC (g/km)
Type Approval Conformity of Production Type Approval Conformity of Production
<100 17.5 21 4.2 8
100-300 (17.5+17.5(R-100))/200 21+21(R-100))/200 4.2+1.8(R-100) (6+2.4(R-100))/200
>300 35 42 8 9.4
Notes: 1) Reference weight (R) = Motorcycle weight + 75 kg.
Table 14
Emission Limits for Motorcycle Type Approval with 2-stroke Engines
ECE Regulation 40.01
CO (g/km) 
HC (g/km) 
Reference Weight R(1)
(kg) 
Type Approval 
Conformity of Production 
Type Approval 
Conformity of Production 
<100 
12.8 
16 
10.4 
100-300 
(12.8+19.2(R-00))/200 
16+24(R-100))/200 
8+4(R-100) 
(10.4+6.4(R-100))/200 
>300 
32 
40 
12 
18.8 
Notes: 1) Reference weight (R) = Motorcycle weight + 75 kg.
 
Table 15
Emission Limits for Mopeds Type Approval
ECE Regulation 47
Vehicle type 
2-Wheeled 
3-Wheeled 
Pollutant 
CO
g/km 
HC
g/km 
CO
g/km 
HC
g/km 
Licensing 
8.0 
5.0 
15.0 
10.0 
Production 
9.6 
6.5 
18.0 
13.0 
(Mopeds are vehicles of less than 400 kg equipped with an engine having a cylinder capacity of less than 50 cubic centimeters.)

For mopeds, CO emissions at idle shall not exceed 6% for all types.chanrobles virtual law library

Fuel evaporative emission for spark-ignition engines shall not exceed 2.0 grams hydrocarbons per test. Likewise, it shall not allow any emission of gases from crankcase ventilation system into the atmosphere.chanrobles virtual law library

Durability of pollution control equipment for spark-ignition and compression-engines shall conform to the deterioration factor prescribed in the test procedure.chanrobles virtual law library

The standards set forth in the above paragraphs of this section refer to the exhaust emitted over a driving schedule or engine speed, evaporative emission, crankcase ventilation emission and durability of pollution control equipment as set forth in the test procedures indicated in the succeeding section.chanrobles virtual law library

Section 5.Test Procedures to Determine Exhaust Emissions and Other Standards Effective in Year 2003. - The test procedures for the determination of emissions and other standards effective in 2003 shall be as follows:
For exhaust emissions, fuel evaporative emission, emission of crankcase gases and durability of pollution control equipment for cars and light duty motor vehicles  ECE Regulation 83-01/02, series of amendment approval B and C: "Uniform provision concerning the approval of vehicles with regards to the emission of gaseous pollutants by the engine according to engine fuel standards"  

Approval B - Limitation of emission of gaseous pollutant by the engine, evaporative emission, crankcase emission and durability of vehicle fueled with unleaded petrol.chanrobles virtual law library 

Approval C - Limitation of emission of gaseous and particulate pollutants, crankcase emission and durability of pollution control devices of motor vehicles fueled with diesel fuel. 

For Medium and Heavy Duty Motor Vehicles with compression-ignition engines  ECE Regulation 49-01/02, series of amendment (49/02) "Uniform provision concerning the approval of compression-ignition (C.I) engines and vehicles equipped with C.I. engine with regards to the emission of pollutants by the engine"
For the determination of CO emission  The test procedure for the determination of CO emission shall be at idling speed as provided in the Emission Test Procedure for Vehicles Equipped with Spark-Ignition Engines and the Free Acceleration Test Procedure for Vehicles Equipped with Compression-Ignition Engines 
 

Section 6. General Requirements. - Every motor vehicle manufacturer, assembler or importer shall provide all new motor vehicles with a service manual or written instructions for the proper use and maintenance of the motor vehicle, including all relevant service information or specifications to ensure proper functioning of the emission control system and compliance with emission standards.chanrobles virtual law library

All newly manufactured or imported gasoline-fuelled vehicles, including motorcycles and mopeds, to be introduced into the market or imported in to the Philippines shall be designed to operate on unleaded gasoline upon the effectivity of these Implementing Rules and Regulations.chanrobles virtual law library

Section 7. Application for Certificate of Conformity. - The application for a Certificate of Conformity (COC) shall be submitted to the Bureau by the motor vehicle manufacturer, assembler, importer or their duly authorized representatives. It shall be accompanied by the following particulars in triplicate copies:

    (a) Complete and detailed descriptions of motor vehicle and the engine;

    (b) Description of the emission control system installed in the motor vehicle;

    (c) Details of the fuel feed system;

    (d) Previous emission test results of pre-production engine vehicle type duly authenticated by the Philippine Embassy/Consulate of the country of origin; and

    (e) Other particulars which may be required by the DENR.chanrobles virtual law library

Section 8. Filing Fees for Application for COC. - A fee to be determined by the Department through the Bureau shall be paid upon the filing of the COC application. Filing fees for applications that have been denied shall not be refundable, nor applicable to subsequent applications.chanrobles virtual law library

Section 9. Approval of Application. - Upon a determination that the vehicle type meets the general requirements of this Rule and upon payment of the corresponding application fees, the Bureau shall issue a COC within a reasonable time.chanrobles virtual law library

Section 10. COC as Requisite for Registration. - New motor vehicles shall be registered with the LTO of the DOTC only upon presentation of a copy of a valid COC issued by the Bureau.chanrobles virtual law library

For purposes of registration, the COC shall cover only:

    (a) new vehicles described in the Certificate, or

    (b) new vehicle types which conform in all material respects to the design specifications applicable to the particular vehicle type as described in the application for COC and which are produced in accordance with the particulars of a valid COC.chanrobles virtual law library

Section 11. Validity of COC. - For purposes of vehicle registration, the COC shall be valid for six (6) years from the date of issue unless sooner revoked or suspended. In case of suspension, the 6-year validity period shall not be extended by the period of suspension.chanrobles virtual law library

Modifications of the brake system, steering, air conditioning, suspension and interior and exterior trimmings shall not be construed as a change in vehicle type and there will be no need to apply for a new COC.chanrobles virtual law library

Section 12. Consent to Inspection as Condition of COC. - To ensure that new vehicles manufactured, assembled, or imported conform in all material respects to the design specifications described in the COC, it shall be a condition of the COC that the manufacturer, assembler or importer shall consent to all the inspections by the Department through the Bureau of the vehicle engine, emission control system, among others, of the new motor vehicles covered by the COC.chanrobles virtual law library

Section 13. Ground for Revocation of COC. - Failure to comply with any of the requirements of this Rule shall justify the revocation or suspension of the COC.chanrobles virtual law library

Section 14. Emission Control Labeling. - The manufacturer, assembler or importer of any motor vehicle or motor vehicle engine, subject to the applicable emission standards prescribed by the Department, shall affix a permanent legible label, and the vehicle identification number (VIN) plate of the type and in a manner described below:

The label, of durable material, shall be affixed by the manufacturer, assembler or importer in such a manner that it cannot be removed without defacing such label. It shall be affixed in a readily visible position in the engine compartment or any conspicuous area under the hood, or under the seat in case of a motorcycle.chanrobles virtual law library

The label shall contain the following information lettered in the English language in block letters and numerals with a legible print size, and of a color that contrasts with the background of the label:

    (a) The label heading: Vehicle Emission Control Information;

    (b) Full corporate name and trademark;

    (c) Engine type displacement in metric units;

    (d) International emission regulation code; and

    (e) Engine tune-up specification and adjustment as recommended by the manufacturer including but not limited to idle speed(s), ignition timing, the idle air-fuel mixture setting procedure and value (e.g. idle CO, idle air-fuel ratio, idle speed drop), high idle speed, initial injection timing and valve lash (as applicable) as well as other parameters deemed necessary by the manufacturer.chanrobles virtual law library

Section 15. Submission of Vehicle Identification Number. - The manufacturer, assembler or importer of any motor vehicle covered by a COC under these Implementing Rules and Regulations shall submit to the Bureau, not later than sixty (60) days after its manufacture or entry into the country, the vehicle engine number, chassis number, engine type, vehicle type and color. Likewise, a sticker with the Department logo, COC number and date of issue and a brief statement that the vehicle complies with the provisions of the Act and its Implementing Rules and Regulations shall be conspicuously displayed on the front windshield of the motor vehicle

RULE XXXII
EMISSION CONTROL FOR IN-USE VEHICLES

Section 1. Emission Standards for In-Use Vehicles. - All in-use motor vehicles, and vehicles with updated/enhanced engine whose chassis are pre-registered with DOTC/LTO will only be allowed renewal of registration upon proof of compliance of the emission standard described below. The DOTC/LTO shall conduct the vehicle test utilizing the Motor Vehicle Inspection Station (MVIS) or its duly authorized and accredited inspection centers consistent with the R.A. 7394 otherwise known as the Consumer Act of the Philippines within sixty (60) days prior to date of registration.chanrobles virtual law library

Emission test procedures as given in Annex B and Annex C for registered or in-use motor vehicles equipped with spark-ignition or compression-ignition engines, respectively, should be strictly followed.chanrobles virtual law library

For vehicles with spark-ignition engines except motorcycles, the following emission standards shall apply:

Table 16
Emission Standards for Vehicles with Spark-Ignition Engines (Gasoline) Except Motorcycles
Vehicle Category  CO(% by volume)  HC(ppm as hexane) 
Registered prior to January 1, 1997At Idle  4.5  800 
Registered on or after January 1, 1997 but before January 1, 2003At Idle  3.5  600 
Registered on or after January 1, 2003At Low IdleAt High Idle (rpm > 2,500)  0.50.3 (l = 1+/-0.03)*  100 

* or in accordance with manufacturer's specificationFor vehicles with compression-ignition engines

Table 17
Emission Standards for Vehicles with Compression-Ignition (Diesel) Engines (light absorption coefficient, m-1)*
Naturally Aspirated  Turbo charged  1,000 m increase in elevation 
Registered for the first time prior to12/31/2002  2.5 3.5 4.5
Registered on or after 01/01/2003 1.2  2.2 3.2 
* Using the free acceleration test.
For motorcycles registered for the first time on or before December 31, 2002, CO emissions at idle shall not exceed 6.0%. For motorcycles registered for the first time after December 31, 2002 CO emissions at idle shall not exceed 4.5%.

Section 2. Emission Standards for Rebuilt Vehicles and Imported Second Hand Vehicles. - No rebuilt or second hand-CBU imported into the country or pre-registered vehicles retrofitted with second hand engines shall be allowed registration or renewal of registration without valid Certificate of Compliance to Emission Standard (CCES) issued by the DOTC.chanrobles virtual law library

As a condition for the issuance of a CCES, exhaust emission standards of vehicles enumerated previously shall not exceed the standards described below.chanrobles virtual law library

As a requirement for the issuance of a CCES by DOTC for imported second hand vehicles, a Certificate of Emission Compliance duly authenticated by the Philippines Embassy/Consulate from the country of origin shall be valid and sufficient. The DOTC may however seek verification through actual testing in the MVIS.chanrobles virtual law library

In the case of locally rebuilt vehicles, a CCES issued by the DOTC on the basis of an inspection by the DOTC Vehicle Type Approval System, if available, or initially by LTO MVIS, is required.chanrobles virtual law library

The DTI through the Bureau of Import Services (BIS) shall formulate regulations and guidelines that will ensure rebuilt and imported second hand motor vehicles and engines will satisfy the emission standards for rebuilt and imported second hand motor vehicles as provided in these Implementing Rules and Regulations.chanrobles virtual law library


Table 18
Emission Standards for Rebuilt Vehicles and Imported Second Hand Vehicles*
COa 
HCa 
Smokeb[turbocharged] 
Registered for the first time prior to December 31, 2002At Idle  3.5%  500 ppm  2.5 [3.5] m-1 
Registered for the first time on or after January 1, 2003At Idle  0.5%  100 ppm  2.5 [3.5] m-1 


a — For spark-ignition (gasoline-fueled) motor vehicles
b — For compression-ignition (diesel-fueled) motor vehicles; figure in brackets relate to turbocharged vehicles.chanrobles virtual law library
* If the in-use emission standard of the country of origin is more stringent than these maximum limits, it will supersede them.

Section 3. Test Procedures for Measurement of Exhaust Emission. - The Department shall prescribe the type of smoke opacity meter to be used in the emission testing of vehicles with diesel engines.chanrobles virtual law library

The test procedures for measurement of exhaust emissions for in-use motor vehicles with spark-ignition engines and compression-ignition engines are described in Annexes B and C.chanrobles virtual law library

Section 4. Control of Emissions from In-use Vehicles. - Pursuant to Section 21(d) of the Act, the DTI, DOTC/LTO, and the Department shall develop and implement the National Motor Vehicle Inspection and Maintenance Program that will ensure the reduction of emissions from motor vehicles and promote the efficient and safe operation of motor vehicles. The inspection and maintenance program shall require all vehicles, as a requisite for renewal of registration, to undergo mandatory inspection to determine compliance with the in-use emission standards. The DOTC/LTO shall also establish a roadside inspection system to ensure that vehicles comply with the in-use emission standards.chanrobles virtual law library

The National Motor Vehicle Inspection and Maintenance Program is described in detail in Rule XXXIV and the Roadside Inspection System is described in Rule XXXV.chanrobles virtual law library

Section 5. Use of tamper-resistant odometers and fuel management systems. -
Pursuant to Section 21 of the Act, the DTI shall prescribe regulations requiring the disclosure of odometer readings and the use of tamper-resistant odometers for all motor vehicles including tamper-resistant fuel management systems for the effective implementation of the inspection and maintenance program.chanrobles virtual law library

Section 6. Useful Life of For-Hire Vehicles. - Pursuant to Section 22 of the Act, the DTI shall promulgate the necessary regulations prescribing the useful life of vehicles and engines including devices in order to ensure that such vehicles will conform to the emission they were certified to meet. These regulations shall include provisions for ensuring the durability of emission devices. For considerations of public health and welfare, the Department, DTI, DOTC/LTO, NEDA and DOF may develop and implement a program to ensure for-hire vehicles to continue to meet emission standards hereto described.chanrobles virtual law library

RULE XXXIII
REVIEW AND REVISION OF STANDARDS

Section 1. Review and Revision of Standards. - To further improve the emission standards, the Department through the Bureau, in coordination with the DOTC/LTO, shall review the standards every two (2) years or as the need arises. Where necessary to achieve substantial improvement in air quality for the health, safety and welfare of the general public, the Department through the Bureau shall revise the exhaust emission standards for new and in-use motor vehicles. The revised standards must be published in a newspaper of general circulation or be filed in triplicate copies with the University of the Philippines (UP) Law Center pursuant to Presidential Memorandum Circular No. 11 dated 09 October 1992.chanrobles virtual law library

Section 2. Participation of Stakeholders. - The Department shall provide the motoring public, automotive industry, 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.chanrobles virtual law library

Section 3. Harmonization with International Standards. - In the review and revision of emission standards, the Department shall endeavor to achieve the harmonization of national emission standards with internationally-accepted standards.chanrobles virtual law library

The Department, in coordination with the DOTC and DTI, may adopt or formulate the functional equivalence of the emission limits and test procedures. "Functional equivalence" means exhaust emission limits and test procedures whose numerical values are almost the same or identical with other types of emission limits and test procedures.chanrobles virtual law library

The Department, in coordination with DOTC and DTI, and in consultation with the motor vehicle manufacturers and other stakeholders, shall study the feasibility of adopting EURO II or III standards or other appropriate standards in the Philippines to further reduce emissions from motor vehicles.chanrobles virtual law library

RULE XXXIV
NATIONAL MOTOR VEHICLE INSPECTION AND MAINTENANCE PROGRAM

Section 1. National Motor Vehicle Inspection and Maintenance Program. - All private in-use motor vehicles and vehicles with updated/enhanced engine whose chassis are pre-registered with Land Transportation Office (LTO) will only be allowed renewal of annual registration when, upon inspection by the LTO or other authorized private Motor Vehicle Inspection Station (MVIS), such vehicles meet the in-use emission standards set forth in Section 1 of Rule XXXII hereof. The LTO or other authorized MVIS shall conduct the vehicle tests for emissions.chanrobles virtual law library

Public Utility Vehicles submitted to DOTC/LTO for renewal of registration shall only be allowed upon presentation of a valid Vehicle Inspection Report issued on the basis of the inspection following the standard described hereto from the MVIS or its authorized testing center. The Vehicle Inspection Report shall be valid for a maximum of six (6) months.chanrobles virtual law library

Emission tests may be conducted within sixty (60) days prior to the renewal of registration. The results of such test shall be presented within sixty (60) days from the date of the test and may be presented to the LTO motor vehicle registration offices as a prerequisite to renewal of registration.chanrobles virtual law library

Section 2. Phased Implementation. - The DOTC/LTO shall ensure that the Motor Vehicle Inspection System shall be fully operational in Metro Manila by January 2003. Nationwide implementation shall follow in twelve (12) to eighteen (18) months thereafter.chanrobles virtual law library

The vehicle inspection will be initially conducted in the LTO-operated MVIS or LTO Motor Vehicle Registration Centers. Priority shall be given to the immediate testing of diesel-powered vehicles.chanrobles virtual law library

Section 3. DOTC Authorization and DTI Accreditation of Private Emission Testing Centers. - Emission testing of vehicles as a consequence of roadside inspection, for voluntary inspection after vehicle maintenance, or for rebuilt and imported second hand vehicles and engines, may be done in a private emission testing center. Private emission testing centers shall be commissioned by the Government through accreditation by DTI and authorization by DOTC. The DTI and DOTC shall accredit and authorize emission testing centers in accordance with the procedural guidelines thereon.chanrobles virtual law library

In order to accommodate all vehicles for emission testing, the DOTC may authorize private emission testing centers previously accredited with the DTI. Such testing centers shall be authorized to conduct emission tests on vehicles apprehended for non-compliance with the in-use emission standards. The DOTC shall issue the procedural guidelines on the authorization process. Pursuant to its standard-setting functions, the Department is responsible for regulating the specifications of the emission testing equipment to be used by private emission testing centers.chanrobles virtual law library

The DTI shall ensure that these specifications are met by the accredited private emission testing centers. In seeking authorization from DOTC, qualified persons may file an application with the DOTC through LTO or its designated agency, to be authorized as an emission testing center. The applicant must comply with the requirements of area, trained personnel, adequate equipment and facilities, and submit the documentary requirements as may be required by the DOTC in subsequent regulations. The facilities shall be inspected prior to the issuance of the authorization to determine compliance with the authorization requirements.chanrobles virtual law library

To obtain accreditation from the DTI, an application form shall be submitted by the applicant to the DTI Provincial Office located in the province where the applicant operates or resides. The applicant shall comply with the accreditation requirements and submit its organizational manual to the DTI. The facilities of the applicant shall then be inspected. Upon a favorable recommendation of the DTI Evaluation Panel / Committee, the Director of DTI Provincial Office shall approve the application and issue a certification to the applicant.chanrobles virtual law library

The accredited testing center shall make available to DTI or its appointed assessors all documents and shall allow the latter to inspect its facilities. The accredited emission testing center must secure the authorization of the DOTC to conduct emission tests on vehicles apprehended for non-compliance with the in-use standards. To facilitate the process of accreditation and authorization, the DOTC and DTI shall enter into an inter-agency agreement to develop and implement a uniform procedure for accreditation and authorization of emission testing centers. The DOTC and DTI shall study, among others, (1) the creation of a "one-stop shop" where an applicant may complete the process of accreditation and authorization, (2) the imposition of one fee, (3) the use of a single application form for both accreditation and authorization, and (4) the issuance of a single certificate of accreditation and authorization signed by both DOTC and DTI representatives.chanrobles virtual law library

RULE XXXV
ROADSIDE INSPECTION OF MOTOR VEHICLES

Section 1. Roadside Inspection. - Vehicles found emitting excessive smoke while operating in any public highway shall be subjected to an emission test by properly-equipped DOTC through LTO and/or DOTC-designated enforcement unit(s) and/or its deputized agents. The procedure for the apprehension of non-compliant vehicles and the deputation of agents to perform roadside inspection are set forth in Section 4 of this Rule.chanrobles virtual law library

Section 2. Agency Responsible for Enforcement. - Pursuant to Section 46 of the Act, the DOTC, through LTO or DOTC-designated enforcement unit(s) shall establish a roadside inspection system to ensure that vehicles comply with the in-use emission standards set forth in these Implementing Rules and Regulations

The DOTC shall establish and chair an oversight committee for the purpose of monitoring smoke belching violations. Representatives from concerned government agencies, relevant sector organizations and civil society shall compose the membership of the oversight committee headed by the LTO.chanrobles virtual law library

Section 3. Deputation. - The DOTC through LTO or DOTC- designated enforcement unit(s) may deputize qualified government employees, LGUs, government agencies and private entities to conduct roadside inspection and to apprehend vehicles which do not comply with the in-use standards set forth in these Implementing Rules and Regulations.chanrobles virtual law library

The deputized agents shall undergo a mandatory training on emission standards and regulations. For this purpose, the Department, together with the DOTC through LTO or DOTC- designated enforcement unit(s), DTI, DOST, the Philippine National Police (PNP) and other concerned agencies and private entities shall design a training program. The DOTC through LTO or its designated enforcement unit(s), together with the Department shall oversee the training program. This program shall include training in the correct use, maintenance and calibration of smoke testing equipment. No individual shall be deputized without satisfactorily completing the training.chanrobles virtual law library

Section 4. Apprehension and Impounding of Vehicles Exceeding Emission Limits. - Pursuant to Section 46 of the Act, the procedure for apprehension and impounding of motor vehicles which emit pollutants beyond the allowable limits shall be as follows:

    (a) A vehicle suspected of violation of emission standards through visual signs shall be flagged down by the apprehending officer.chanrobles virtual law library

    (b) The apprehending officer shall conduct an emission test of the vehicle using portable emission testing equipment and using test procedures given in Annex B and Annex C, to determine whether the vehicle complies with the emission standards. Should the results show an exceedance of the emission limits, the computerized print-out, or other test result generated by the portable emission testing equipment shall serve as prima facie evidence of violation of the emission standards.chanrobles virtual law library

    Should the test results show that there is an exceedance of the standards, a ticket will be issued to the driver and the vehicle will be impounded and shall remain in the custody of the LTO or deputized agency or private entity until the fines are paid.chanrobles virtual law library

    (c) Should the test result show that there is an exceedance of the standards, a ticket will be issued to the driver and a warrant of constructive or actual distraint to any owner of the motor vehicle as provided for in Republic Act 4136 shall commence unless the vehicle has been previously found violating the standards three (3) or more times within the last 365-day period. In the latter case, the motor vehicle registration shall be suspended for a period of one (1) year.chanrobles virtual law library

    (d) Upon payment of the fine at the DOTC through LTO or DOTC- designated enforcement unit(s) or deputized agency or private entity, the vehicle plate(s) will be surrendered to the apprehending officer and the driver will be issued a temporary pass allowing him to take possession of the vehicle for the purpose of undertaking the needed repairs within a period not later than seven (7) days from the date the vehicle is temporarily released.chanrobles virtual law library

    (e) Motor vehicles released for purposes of repairs shall not be operated or used in public roads except for the purpose of transporting the same to the service center for repairs and to the authorized emission testing center for emission testing.chanrobles virtual law library

    (f) When the repairs are made, the vehicle must undergo an emission test at a DOTC/LTO testing center or its authorized and accredited emission testing center to ascertain if it already meets the emission standards.chanrobles virtual law library

    (g) Once the vehicle meets the standards, the DOTC/LTO testing center or its authorized and accredited emission testing center shall issue a Certificate of Emission Compliance to the driver of the vehicle. The CEC will have no validity period, its sole purpose is to secure the release of the impounded vehicle or the vehicle license plates, whichever is applicable and which were confiscated as a consequence of that specific violation.chanrobles virtual law library

    (h) Upon presentation of the Certificate of Emission Compliance, the driver shall recover his vehicle or his vehicle plates, whichever is applicable, from the DOTC through LTO and/or DOTC- designated enforcement unit(s) which has custody over the vehicle or vehicle plates.chanrobles virtual law library

Further refinement of the apprehension procedure stated in the Act shall be developed and/or approved by the DOTC. All apprehensions shall be made strictly adopting the above procedure. Failure of enforcers to observe said procedure shall merit review of the apprehension by the adjudication service and/or waiver of fines and penalties.chanrobles virtual law library

Section 5. Appellate Procedure. - In the event the driver of the apprehended vehicle contests the fine imposed and/or the violation of emission standards, he may appeal the same with the DOTC-designated Traffic Adjudication Service where he will be given the opportunity to be heard.chanrobles virtual law library

Section 6. Self-Regulation. - The DOTC shall encourage self-regulation among transport stakeholders. The DOTC shall encourage private sector initiated projects which integrate preventive maintenance, driver training, sealing of injections pumps, pre-registration testing, and modified apprehension procedures to reduce smoke belching.chanrobles virtual law library

Section 7. Data Collection and Management. - The DOTC/LTO shall improve its system of managing and collecting data from the Motor Vehicle Inspection Stations and from roadside inspection/apprehensions for violation of emission standards. The ongoing computerization of LTO vehicle registration shall be linked to the MVIS and roadside inspection data base to be established.chanrobles virtual law library

Section 8. Certification of Emission Test Equipment. - To ensure proper and effective enforcement of the vehicle emission standard, the Department, through the Bureau, shall certify the conformity to standards of emission test equipment before it can be used for mandatory emission tests.chanrobles virtual law library
 

PART X
FUELS, ADDITIVES, SUBSTANCES AND POLLUTANTS
RULE XXXVI
 STANDARDS FOR FUELS AND ADDITIVES

Section 1. Mechanism for Setting Fuel Specifications. - Pursuant to Section 26 of the Act, the Department of Energy (DOE), co-chaired by the Department, in consultation with the Bureau of Product Standards (BPS) of the DTI, the DOST, the representatives of the fuel and automotive industries, academe and the consumers shall, within six (6) months from the effectivity of these Implementing Rules and Regulations, set the specifications for all types of fuel and fuel-related products, to improve fuel composition for increased efficiency and reduced emissions: Provided, however, That the specifications for all types of fuel and fuel-related products set-forth pursuant to this section shall be adopted by the BPS as Philippine National Standards (PNS).chanrobles virtual law library

Section 2. Specification of Allowable Additive Content. - The DOE shall specify the allowable content of additives in all types of fuels and fuel-related products. Such standards shall be based primarily on threshold levels of health and research studies. On the basis of such specifications, the DOE shall limit the content or begin the phase-out of additives in all types of fuels and fuel-related products as it may deem necessary. Other agencies involved in the performance of this function shall be required to coordinate with the DOE and transfer all documents and information necessary for the implementation of this provision.chanrobles virtual law library

Section 3. Fuel Specifications. - The fuel formulations shall meet, among others, the following specifications set in Table 19 on or before the deadline set forth in the Act:


Table 15. Fuel Specifications
Fuel 
Property 
Limit 
Effectivity 
Unleaded Gasoline  Aromatics  

   

Benzene  

   

Anti-Knock Index  

Reid Vapor Pressure 

45% max  

35% max  

4% max  

2% max  

87.5% min  

9 psi max 

Jan. 1, 2000  

Jan. 1, 2003  

Jan. 1, 2000  

Jan. 1, 2003  

Jan. 1, 2000  

Jan. 1, 2003 

Automotive Diesel Oil  Sulfur  

   

Cetane No./Index 

0.20% max  

0.05% max  

48 min 

Jan. 1, 2001  

Jan. 1, 2004  

Jan. 1, 2001 

Industrial Diesel Oil  Sulfur  

Color 

0.30% max  

ASTM 3.0 

Jan. 1, 2001  

Jan. 1, 2001 

   

The fuels characterized above shall be commercially available. Likewise, the same shall be the reference fuels for emission and testing procedures to be established in accordance with the provisions of this Act.chanrobles virtual law library

Section 4. Review and Revision of Fuel Specifications. - Every two (2) years thereafter or as the need arises and subject to public consultations, the specifications of unleaded gasoline and of automotive and industrial diesel fuels shall be reviewed and revised for further improvement in formulation and in accordance with the provisions of this Act.chanrobles virtual law library

Section 5. Monitoring Compliance through Fuel Sampling. - Compliance with the fuel specifications set in the Act shall be monitored through fuel sampling. Guidelines and procedures for the conduct of fuel sampling shall be developed by the DOE within six (6) months from the effectivity of these Implementing Rules and Regulations. Such guidelines and procedures shall, among others, consider the following:

    (a) Fuel samples collected must be truly representative of the fuel sampled.chanrobles virtual law library

    (b) The chosen sampling procedure must be suitable for sampling fuel under definite storage, transportation, and container conditions.chanrobles virtual law library

    (c) Samples must be obtained in such a manner and from such locations in the tank or other container that the sample will be truly representative of the gasoline.chanrobles virtual law library

    (d) It must be ensured that the samples represent the general character and average condition of the fuel.chanrobles virtual law library

    (e) Care should be taken in collecting and storing samples in containers that will protect them from changes in content such as loss of volatile fractions by evaporation or leaching into the container. Monitoring results shall be made available to the public through an annual report to be published by the DOE.chanrobles virtual law library

RULE XXXVII
REGULATION OF FUELS AND ADDITIVES

Section 1. Agencies Responsible for Regulating Fuels and Additives. - The DOE, in coordination with the Department and the BPS, shall regulate the use of any fuel or fuel additive.chanrobles virtual law library

Section 2. Registration of Fuels and Additives. - No manufacturer, processor or trader of any fuel or additive may import, sell, offer for sale, or introduce into commerce such fuel or additive unless the same has been registered with the DOE. Prior to registration, the manufacturer, processor or trader shall provide the DOE with the following relevant information:

    (a) Product identity and composition to determine the potential health effects of such fuels and additives;

    (b) Description of the analytical technique that can be used to detect and measure the additive in any fuel;

    (c) Recommended range of concentration; and

    (d) Purpose in the use of the fuel and additive.chanrobles virtual law library

The DOE shall issue a separate regulation or circular detailing registration procedures, including but not limited to report formats and submission deadlines, within (6) months from the adoption and publication of these Implementing Rules and Regulations.chanrobles virtual law library

Section 3. Information Database. - The DOE shall develop an information database of registered fuels and additives and other related data which shall be accessible to the public provided that information which are in the nature of trade secrets shall be subject to the non-disclosure and confidentiality agreement in Section 4 of this Rule.chanrobles virtual law library

Section 4. Non-disclosure and Confidentiality Agreement. - Information on fuels and fuel additives registered with the Department of Energy which are considered trade secrets shall be covered by a non-disclosure and confidentiality agreement between the company and the Department of Energy for a period of fifteen (15) years.chanrobles virtual law library

RULE XXXVIII
PROHIBITED ACTS

Section 1. Misfuelling. - In order to prevent the disabling of any emission control device by lead contamination, no person shall introduce or cause or allow the introduction of leaded gasoline into any motor vehicle equipped with a gasoline tank filler inlet and labeled "unleaded gasoline only". This prohibition shall also apply to any person who knows or should know that such vehicle is designed solely for the use of unleaded gasoline.chanrobles virtual law library

Section 2. Manufacture, Import, and Sale of Leaded Gasoline and of Engines and/or Components, Requiring Leaded Gasoline. - Effective December 23, 2000 no person shall manufacture, import, sell, offer for sale, introduce into commerce, convey or otherwise dispose of, in any manner leaded gasoline and engines and components requiring the use of leaded gasoline.chanrobles virtual law library

Section 3. Manufacture, Import and Sale of Fuels Not According to Legally Prescribed Specifications. - The manufacture, importation and sale of fuels which do not meet the specifications prescribed in these Rules and Regulations or which may be prescribed by the DOE in the future is prohibited, except where the fuel is intended for export to a country which allows fuel specifications lower than are prescribed in the Philippines.chanrobles virtual law library

RULE XXXIX
OZONE-DEPLETING SUBSTANCES

Section 1. Enforcement of Philippine Ozone Depleting Substances Phase Out Schedule. - Consistent with the terms and conditions of the Montreal Protocol on Substances that Deplete the Ozone Layer and other international agreements and protocols to which the Philippines is a signatory, the Department through the Bureau shall enforce the Philippine Ozone Depleting Substances (ODS) Phase Out Schedule as published in the June 27, 2000 editions of the Manila Times, Business World, Philippine Star, Manila Bulletin, Peoples Balita, and Abante.chanrobles virtual law library

Section 2. Revision of the List of Ozone Depleting Substances. - When necessary, the Bureau shall revise the list of substances which are known to cause harmful effects on the stratospheric ozone layer which was initially published pursuant to Section 30 of the Act.chanrobles virtual law library

RULE XL
GREENHOUSE GASES

Section 1. National Plan for Reduction of Greenhouse Gas Emissions. - The Department through the Bureau, together with concerned agencies and local government units, shall, within one (1) year from the effectivity of these Implementing Rules and Regulations, prepare and implement a national plan consistent with the United Nations Framework Convention on Climate Change and other international agreements, conventions and protocols on the reduction of greenhouse gas emissions.chanrobles virtual law library
RULE XLI
PERSISTENT ORGANIC POLLUTANTS

Section 1. National Action Plan. - The Department through the Bureau, together with concerned agencies and local government units, shall, within one (1) year from the effectivity of these Implementing Rules and Regulations establish an inventory list of all sources of Persistent Organic Pollutants (POPs) in the country.chanrobles virtual law library

Section 2. National Programs on Reduction and Elimination of POPs. - Pursuant to Section 32 of the Act, the Bureau shall, within one (1) year after the establishment of the inventory list referred to in the preceding section, design and implement a national government program on the reduction and elimination of POPs such as dioxins and furans.chanrobles virtual law library

RULE XLII
RADIOACTIVE EMISSIONS

Section 1. Regulation on Atomic and/or Nuclear Energy Use. - The Philippine Nuclear Research Institute (PNRI), in coordination with the Bureau and other concerned government agencies, shall regulate all projects which will involve the use of atomic and/or nuclear energy, and will entail release and emission of radioactive substances into the environment, incident to the establishment or possession of nuclear energy facilities and radioactive materials, handling, transport, production, storage, and use of radioactive materials.chanrobles virtual law library
RULE XLIII
HAZARDOUS AIR POLLUTANTS

Section 1. Designation and Management of Hazardous Air Pollutants. - The Department through the Bureau shall issue and maintain a list of hazardous air pollutants and required control measures. The list and control measures shall be source-specific by industry and shall be designed to protect Filipinos from unnecessary risk to health or welfare. Compounds shall be considered for inclusion on the list as reasonable data or information become available.chanrobles virtual law library
 
PART XI
INSTITUTIONAL MECHANISMS
RULE XLIV
IMPLEMENTING AGENCIES

Section 1. The Department. - The Department is the primary government agency responsible for the implementation and enforcement of the Act. The Department shall have the following authority, among others:
    (a) To promulgate rules and regulations as may be necessary to implement the intent and provisions of the Act;

    (b) To closely supervise all or parts of the air quality action plans until such time that the local government concerned can assume the function to enforce the standards set by the Department;

    (c) To revise, from time to time, the designation of airshed utilizing eco-profiling techniques and undertaking scientific studies;

    (d) To designate areas where specific pollutants have already exceeded ambient standards as non-attainment areas and to revise the designation of such areas after consultation with local government authorities, non-government organizations (NGOs), people's organization (POs) and concerned sectors;

    (e) To administer the Air Quality Management Fund;

    (f) To establish a National Research and Development Program for the prevention and control of air pollution, in coordination with the Department of Science and Technology (DOST), other agencies, the private sector, the academe, NGOs and POs;

    (g) To institute administrative proceedings pursuant to Section 40 of the Act;

    (h) To impose fines, through the Pollution Adjudication Board, for violations of standards for stationary sources;

    (i) To exercise such other authority vested by the Act and as provided for in these Implementing Rules and Regulations. The Secretary may delegate such authority and other powers and function to the Director.chanrobles virtual law library

Section 2. The Bureau. - The Environmental Management Bureau shall be a line bureau primarily responsible for the implementation and enforcement of the Act pursuant to Section 34 thereof. It shall be comprised of a Central Office and the necessary regional, provincial and such other offices as may be established in pertinent administrative orders issued by the Secretary. The Bureau shall establish and operationalize its regional offices within two (2) years from the effectivity of these Implementing Rules and Regulations. For this purpose, the Bureau shall reorganize and increase the number of its personnel to effectively implement the Act and the Implementing Rules and Regulations. The proposed line bureau staffing pattern shall be submitted to the Department of Budget ad Management for approval.chanrobles virtual law library

The Bureau shall have the following powers and functions, among others:

    (a) To prepare annual National Quality Status Report pursuant to Section 6 of the Act;

    (b) To design and develop, in cooperation with the National Statistical Coordination Board (NCSB), an information network for data storage, retrieval and exchange;

    (c) To serve as the central depositary of all data and information related to air quality;

    (d) To issue and, from time to time, revise information on air pollution control techniques upon consultation with the appropriate committees, government agencies and LGUs;

    (e) To, in coordination with other concerned agencies, review and/or revise and publish annually a list of hazardous air pollutants with corresponding ambient guideline values and/or standard necessary to protect public health and safety, and general welfare;

    (f) To design, impose on and collect regular emission fees from industrial dischargers as part of the emissions permitting system based on environmental techniques;

    (g) To issue permit as it may determine necessary for the prevention and abatement of air pollution;

    (h) To require program and project proponents to put up financial guarantee mechanisms to finance the needs for emergency response, clean-up or rehabilitation of areas that may be damaged during the program or project's actual implementation;

    (i) To review, or as the need therefore arises, revise and publish emission standards to further improve the emission standards for stationary sources of air pollution as well as emission standards for motor vehicles;

    (j) To have the right of entry or access to any premises including documents and relevant materials; to inspect any pollution or waste source, control devise, monitoring equipment or method required; and to test any emission;

    (k) To require any person who owns or operates any emission source or who is subject to any requirement of the Act to (i) establish and maintain relevant records; (ii) make relevant reports; (iii) install, use and maintain monitoring equipment or methods; (iv) sample emission, in accordance with the methods, locations, intervals, and manner prescribed by the Department; and (v) keep records;

    (l) To exercise such other powers and functions as provided by the law, the Act and these Implementing Rules and Regulations.chanrobles virtual law library

Section 3. Other Implementing Agencies. - The other agencies primarily responsible for the implementation of the Act are the Department of Transportation and Communications, the Department of Energy, and the Department of Trade and Industry.chanrobles virtual law library

The DOTC shall have the authority to, among others:

    (a) Implement the emission standards for motor vehicles pursuant to and as provided in the Act;

    (b) Participate in the formulation of an Action Plan for the control and management of air pollution from motor vehicles;

    (c) Contribute towards the establishment of procedures for inspection of motor vehicles, assist in the formulation and implementation of the National Motor Vehicle Inspection and Maintenance Program;

    (d) Authorize private emission testing centers (duly accredited by DTI);

    (e) Establish a roadside inspection system;

    (f) Contribute towards design of training program for law enforcement officials and deputized agents on vehicle emission testing.chanrobles virtual law library

The DTI shall have the authority to, among others:
    (a) Participate in the formulation of an Action Plan for the control and management of air pollution from motor vehicles;

    (b) Contribute towards the establishment of procedures for inspection of motor vehicles, assist in the formulation and implementation of the National Motor Vehicle Inspection and Maintenance Program;

    (c) Accredit private emission testing centers (duly authorized by the DOTC);

    (d) Develop and implement standards and procedures for the certification of training institutions, instructors and facilities and licensing of qualified private service centers and their technicians;

    (e) Prescribe regulations requiring the disclosure of odometer readings and use of tamper-resistant odometers, including tamper resistant fuel management systems.chanrobles virtual law library

The DOE shall have the authority to, among others:
    (a) In coordination with other relevant agencies, set the specifications for all types of fuel and fuel-related products;

    (b) Specify allowable content of additives in all types of fuel and fuel-related products;

    (c) In coordination with the Department and BPS, regulate the use of any fuel or fuel additive.chanrobles virtual law library

RULE II
ROLE OF LOCAL GOVERNMENT UNITS

Subject to Section 36 of the Act and pursuant to the Local Government Code (R.A. 7160) and other pertinent laws, the Local Government Units (LGUs) shall have the following roles within their respective territorial jurisdiction:
    (a) To share the responsibility in the management and maintenance of air quality within their respective territorial jurisdiction;

    (b) To implement air quality standards set by the Governing Board, consistent with Sections 7, 8 and 9 of the Act;

    (c) To establish an Environment and Natural Resources Office (ENRO) in every province, city, or municipality which shall be headed by the environment and natural resources officer appointed by the chief executive of every province, city or municipality in accordance with the provisions of Section 484 of the R. A. 7160 and to exercise powers and duties set forth in Section 37 of the Act;

    (d) To prepare and develop, with the assistance from the Department, an action plan consistent with the Integrated Air Quality Framework to attain and maintain the ambient of air quality standards within their respective airsheds as provided in Section 9 of the Act;

    (e) To prepare and implement a program and other measures including relocation, whenever necessary, to protect the health and welfare of residents in the area;

    (f) To develop and submit to the Department through the Bureau a procedure for carrying out the action plan for their jurisdiction, provided that the Department through the Bureau shall maintain its authority to independently inspect the enforcement procedure adopted;

    (g) To perform such other powers and functions as may be provided by applicable laws, rules and regulations.chanrobles virtual law library

The Department shall provide the LGUs with technical assistance, training and a continuing capability-building program to prepare them to undertake full administration of the air quality management and regulations within their territorial jurisdiction.chanrobles virtual law library
RULE XLVI
LINKAGE MECHANISM

Section 1. Participation of Other Organizations. - The Department shall consult, participate, cooperate and enter into agreement with other government agencies, or with affected non-governmental (NGOs) or peopleÕs organizations (POs), or private enterprises in the furtherance of the objectives of the Act and these Implementing Rules and Regulations.chanrobles virtual law library

Section 2. Linkage with Coordinative Multisectoral Body. - Pursuant to Section 35 of the Act, the Bureau shall endeavor to institutionalize consultation with a multisectoral commission tasked to coordinate the plans and efforts of government agencies and non-government organizations in addressing air pollution in an organized and systematic manner.chanrobles virtual law library

The Bureau shall study the creation of a multisectoral commission headed by the Secretary of the Department and composed of representatives from the following sectors: (1) government agencies involved in the task of air pollution control and management, (2) civil society, (3) business, (4) and other concerned sectors. The commission shall serve as an oversight body to ensure the systematic and effective management of air quality.chanrobles virtual law library

RULE IV
RECORD-KEEPING, INSPECTION, MONITORING AND ENTRY

Section 1. Required Relevant Reports and Records. - The Department through the Bureau or its duly accredited entity shall, after proper consultation and notice, require any person who owns or operates any emissions source or who is subject to any requirement of this Act to: (a) establish and maintain relevant records; (b) make relevant reports; (c) install, use and maintain monitoring equipment or methods; (d) sample emission, in accordance with the methods, locations, intervals and manner prescribed by the Bureau; (e) keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical; and (f) provide such other information as the Bureau may reasonably require.chanrobles virtual law library

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

    (a) entry of access to any premises including documents and relevant materials as referred to in the herein preceding paragraph;

    (b) inspect any pollution or waste source, control device, monitoring equipment or method required; and

    (c) test any emission.chanrobles virtual law library

Section 3. Records Available to the Public. - Any record, report or information obtained under this Rule shall be made available to the public, except upon a satisfactory showing to the Bureau by the entity concerned that the record, report or information, or parts thereof, if made public, would divulge secret methods or processes entitled to protection as intellectual property. Such record, report or information shall likewise be incorporated in the Bureau's industrial rating system.chanrobles virtual law library
RULE V
PUBLIC EDUCATION AND INFORMATION CAMPAIGN

Section 1. Public Education and Information Campaign. - A continuing air quality information and education campaign shall be promoted by the Department, the Department of Education, Culture and Sports (DECS), the Department of the Interior and Local Government (DILG), the Department of Agriculture (DA) and the Philippine Information Agency (PIA). Consistent with Section 7 of the Act, such campaign shall encourage the participation of other government agencies and the private sector including NGOs, POs, the academe, environmental groups and other private entities in the formulation and implementation of a multi-sectoral information campaign.chanrobles virtual law library

Section 2. Awareness Campaign for Mobile Sources. - The enforcement and implementation of emission standards requires the active cooperation of the importers, local assemblers, owners/operators and users of all motor vehicles. To ensure the cooperation of these groups, there is a need for an intensified and sustained awareness raising campaign. Awareness raising will be focused on the transport sector and will concentrate in communicating: (i) the harmful impact of gas emission on general public and workers in the transport sector, (ii) the technological options available to the transport sector to prevent smoke belching; and (iii) the commitment of the government to fully enforce emission standards through strengthening of apprehension activities.chanrobles virtual law library

The advertising industry, the broadcasting industry and the print media shall participate and cooperate in the formulation and implementation of public awareness raising campaigns in connection with the emission standards without any profit to claim in connection with their involvement.chanrobles virtual law library
 

PART XII
ACTIONS
RULE XLIX
ADMINISTRATION AND ENFORCEMENT

Section 1. Administration and Enforcement. - These Implementing Rules and Regulations shall be administered by the Department and/or its authorized representatives or through other government agencies designated or deputized by the Department, or by this act, executive orders or memorandum circulars, and others.chanrobles virtual law library

Section 2. Rules and Regulations of other Government Agencies. - The rules and regulations issued by other government agencies and instrumentalities for the prevention and/or abatement of pollution not consistent with this Act shall supplement the rules and regulations issued by the Department through the Bureau.chanrobles virtual law library

Section 3. Authentication with Official Seal. - All decisions, orders and appropriate legal documents hereinafter promulgated shall be issued and authenticated with the official seal of the Department or other government agencies designated by this Act.chanrobles virtual law library

Section 4. Jurisdiction. - The Department through the bureau shall have exclusive and original jurisdiction to control and abate air pollution from stationary sources within the territorial jurisdiction.chanrobles virtual law library

The abatement of public nuisance as defined under the Civil Code of the Philippines and special laws shall not affect or stay the proceedings before the Department or the DOTC as the case may be, provided however, that the Department or the DOTC as the case may be, may at its discretion, take appropriate steps in the interest of justice and public welfare.chanrobles virtual law library

RULE L
ADMINISTRATIVE ACTIONS AND PROCEDURES IN AIR POLLUTION CASES INVOLVING STATION SOURCES

Section 1. Administrative Action. - Without prejudice to the right of any affected person to file an administrative action, the Department shall, on its own instance or upon verified complaint by any person, institute administrative proceedings against any person who violates:
    (a) Standards of limitation provided under this Act; or

    (b) Any order, rule or regulation issued by the Department with respect to such standard or limitation.chanrobles virtual law library
Section 2. The Pollution Adjudication Board. - The Pollution Adjudication Board (PAB) shall have sole and exclusive jurisdiction over all cases of air pollution, as defined in these Implementing Rules and Regulations, and all other matters related thereto, including the imposition of administrative sanctions, except as may be provided by law.chanrobles virtual law library

The PAB shall adopt and promulgate the rules of practice and procedure in air pollution cases from stationary sources under this Act. Unless otherwise revised or amended, the existing rules of the PAB, PAB Resolution No. 1-C, Series of 1997, shall apply.chanrobles virtual law library

Section 3. Closure or Suspension of Development, Construction or Operations of a Stationary Source. - In addition to the fines prescribed under the Act and these Implementing Rules and Regulations, the PAB shall order the closure or suspension of development, construction or operation of the stationary sources until such time that proper environmental safeguards are put in place; Provided, That an establishment found liable for a third offense shall suffer permanent closure immediately.chanrobles virtual law library

The Order of Closure or suspension is without prejudice to the immediate issuance of an ex parte order by the PAB for such closure, suspension or development or construction, or cessation of operations during the pendency of the pollution case before the PAB. Said ex parte order shall be based upon prima facie evidence that there is imminent threat to life, public health, safety or general welfare, or to plant or animal life, or whenever there is an exceedance of the emission standards set by the Department and/or the Board or the appropriate LGU.chanrobles virtual law library

Section 4. Fine Rating System. - The PAB shall prepare a fine rating system to adjust the maximum fine prescribed under Section 45 of the Act based on the violator's ability to pay, degree of willfulness, degree of negligence, history of non-compliance and degree of recalcitrance subject to conditions set forth in the Act. In case of negligence, the first-time offender's ability to pay may likewise be considered by the PAB. In the absence of any extenuating or aggravating circumstances, the amount of fine for negligence shall be equivalent to one-half of the fine for willful violation.chanrobles virtual law library

RULE LI
ACTIONS, PLEADINGS AND HEARING PROCEDURES FOR MOTOR VEHICLES BEFORE THE LTO

Section 1. Nature and Procedure. - Subject to the basic requirements of due process, the proceedings herein provided shall be summary in nature. The technical rules of evidence obtaining in courts of law shall not bind the Traffic Adjudication Service of the LTO. The Rules of Court shall not apply in proceedings before the Board except in a supplementary character and only whenever applicable.chanrobles virtual law library

Section 2. Commencement of Action. - Actions for any violation of any of the motor vehicle pollution control laws and/or these Implementing Rules and Regulations may be commenced by any person by filing a written complaint, or by the DOTC on its own initiative, or by the filing of a charge by any deputized agent of the DOTC before the hearing officer.chanrobles virtual law library

Section 3. Caption and Title. - In all cases cognizable by the Traffic Adjudication Service, the full names of all parties, as far as they are known, shall be stated in the caption of the original pleadings, motion, resolution, order or decision and in all summons, notices and processes to be served upon them.chanrobles virtual law library

Section 4. Forms and Contents of Complaints and Charge Sheet. - The complaint or charge sheet shall be in writing and drawn in clear and concise language, either in Filipino or in English. It shall recite the ultimate facts constituting the cause(s) of action and/or the violations of the motor vehicle pollution control laws and/or these Implementing Rules and Regulations, as well as all information pertinent thereto. It may specify the relief and such further remedies as may be deemed just and equitable, except that the charge sheet shall already include a notice requiring the Respondent to appear and answer the charge of the date, time and place indicated therein which shall not be less than one (1) day nor more than three (3) days from receipt hereof. In the case of a private complaint, the hearing officer shall set the case for hearing and require the Respondent to appear and answer the complaint on the date, time and place indicated in the notice of hearing which shall not be later than five (5) days from receipt thereof.chanrobles virtual law library

Section 5. Filing and Service of Complaint and Charge Sheet. - The complaint or charge sheet shall be filed in two (2) copies before the Hearing Officer whose office covers the territorial jurisdiction where the Respondent was apprehended. The charge sheet shall be filed immediately, but not later than twenty-four (24) hours from knowledge of the violation. Service of the copy upon the driver of Respondent, shall be deemed service to Respondent.chanrobles virtual law library

Section 6. Hearing on Apprehended Motor Vehicles. - (a) As soon as the parties enter their appearances and manifest their readiness to proceed with the hearing of the case, the complainant shall be allowed to present evidence in support of the charge with the testimony of each witness taken under oath. Thereafter, the Respondent shall be allowed to present this evidence.chanrobles virtual law library

(b) If the case is commenced by the Secretary or its deputized agent, the hearing shall proceed directly with the presentation of results of the smoke meter or CO/HC tests as the case may be, and other evidence, after which the Respondent shall present his evidence.chanrobles virtual law library

In case of doubt, the Hearing Officer shall admit all the evidence presented, subject to the objections interposed, if there be any.chanrobles virtual law library

Section 7. Order/Decision. - If the Respondent admits the charge, the Hearing Officer shall on that same day, issue an order imposing the appropriate fines and directing the grounding of the apprehended motor vehicle.chanrobles virtual law library

If the litigation of the case continues, the Hearing Officer shall decide the same within three (3) days from its submission. Said decision shall become final and executory if no appeal is taken therefrom to the Secretary within fifteen (15) days from notice thereof.chanrobles virtual law library

Only upon the presentation of the CEC and the official receipt certifying full payment of fines shall the grounded motor vehicle be released upon a written order duly issued by the Hearing Officer. The Hearing Officer shall then issue another order allowing the said motor vehicle to resume operation.chanrobles virtual law library

RULE LII
CITIZEN SUIT

Section 1. Purposes. - The purposes of this section are to:
    (a) promote the participation of the citizens in the enforcement of the Act.chanrobles virtual law library

    (b) serve as a prod to government officials to take the necessary and appropriate action to abate and/or control pollution.chanrobles virtual law library

Section 2. Scope. - The legal actions contemplated under this section are for civil and criminal remedies, the administrative action having been extensively treated in the preceding Rules.chanrobles virtual law library

Section 3. Party Defendants. - The legal actions shall be against:

    (a) Any private natural or juridical person, including government owned and controlled corporations, who violates or fails to comply with the provisions of this Act;

    (b) Any Government agency which may issue any order or rules inconsistent with this Act. For this purpose, unless the inconsistency is so blatant as to manifest evident bad faith, the action available under this heading shall only be civil in nature, such as for declaratory relief and/or injunction. The government official who was made a respondent in said civil action shall be sued in his official capacity and shall not be liable for damages.chanrobles virtual law library

    (c) Any public officer who willfully or grossly neglects to perform the duties provided for under the Act, or who abuses his authority or in any manner improperly performs his duties under the Act and its Implementing Rules and Regulations.chanrobles virtual law library

Section 4. Notice. - The government official as well as the person in violation shall be given notice of thirty (30) calendar days to undertake the necessary measures to abate the pollution. This shall be a condition precedent to the filing of a civil or criminal case in court against the polluting establishment and against the government official concerned.chanrobles virtual law library

Section 5. Damages. - Damages arising from illness, physical injury or damage to property as a result of air pollution may be included in the action filed against the government official concerned and the polluting establishment. In addition, failure to take action within the prescribed 30-day period may also be ground for the initiation of an administrative or criminal action against the government official concerned before the Office of the Ombudsman.chanrobles virtual law library

Section 6. Filing Fees. - In coordination with the Supreme Court, the citizen suit under this Rule, including actual and moral damages alleged to have resulted from the air pollution, shall be exempt from filing fees and other court fees. The Supreme Court may also waive the payment of the nominal filing fee for actions not capable of pecuniary estimation (e.g., declaratory relief, prohibitory and mandatory injunction, etc). The fees shall however be recorded to enable the Court to collect the appropriate amount recovered by the plaintiff in the event a monetary judgment is rendered in favor of the plaintiff in the citizen suit.chanrobles virtual law library

Section 7. Bond. - In coordination with the Supreme Court, where there is a prima facie showing by the plaintiff that the defendant establishment's emission is beyond the standards allowed by the law and these Implementing Rules and Regulations, or where there is a showing that the government official concerned has grossly neglected to perform his duty or has abused his authority, the Court shall exempt the plaintiff from the posting of a bond for the issuance of a restraining order or preliminary injunction. Section 8. Malicious Actions The Court shall, within thirty (30) days from receipt of the complaint, make a preliminary determination whether the case is malicious and/or baseless. The availability of technical data secured through the monitoring conducted by the Department through the Bureau, if any, or the presence of a photograph showing a visibly opaque emission shall be sufficient evidence to prove that the case is neither malicious nor baseless.chanrobles virtual law library

RULE LIII
SUITS AND STRATEGIC LEGAL ACTIONS

Section 1. Duty of the Investigating Prosecutor. - Where a suit is brought against a person who filed an action under the preceding Rule, or against any person, institution or government agency that implements the Act or these Implementing Rules and Regulations, it shall be the duty of the investigating prosecutor or the court, as the case may be, to immediately make a determination not exceeding thirty (30) days whether said legal action has been filed to harass, vex, exert undue pressure or stifle such legal resources of the person complaining or enforcing the provisions of the Act or these Implementing Rules and Regulations.chanrobles virtual law library

Section 2. Action of the Court. - Upon determination made under the preceding section, if evidence warrants the same, the court shall dismiss the case and award attorney's fees and double damages.chanrobles virtual law library

Section 3. Scope. - This Rule shall apply and benefit persons who filed an action under the preceding Rule or Section 41 of the Act and any person, institution or government agency that implements the Act or these Implementing Rules and Regulations. Further, it shall also apply and benefit public officers who are sued for acts committed in their official capacity, there being no grave abuse of authority, and done in the course of enforcing the Act or these Implementing Rules and Regulations.chanrobles virtual law library
 

PART XIII
FINES AND PENALTIES
RULE LIV
FINES AND PENALTIES FOR VIOLATION OF STANDARDS FOR STATIONARY SOURCES

Section 1. Fines to Be Imposed. - For actual exceedance of any pollution or air quality standards under the Act or these Implementing Rules and Regulations, the PAB shall impose a fine of not more than One Hundred Thousand Pesos (P 100,000.00) for every day of violation against the owner or operator of a stationary source until such time that the standards have been complied with.chanrobles virtual law library

The fines herein prescribed shall be increased by at least ten percent (10%) every three (3) years to compensate for inflation and to maintain the deterrent function of the fines.chanrobles virtual law library

Section 2. Gross Violation Defined. - Gross violations of the Act or these Implementing Rules and Regulations shall mean:

    (a) Three (3) or more specific offenses within a period of one (1) year;

    (b) Three (3) or more specific offenses within three (3) consecutive years;

    (c) Blatant disregard of the orders of the PAB, such as but not limited to the breaking of seals, padlocks and other similar devices, or operating despite the existence of an order for closure, discontinuance or cessation of operation;

    (d) Irreparable or grave damage to the environment as a consequence of any violation or omission of the provisions of the Act or these Implementing Rules and Regulations.chanrobles virtual law library

Section 3. Penalties for Gross. - Violations In case of gross violations of the Act or these Implementing Rules and Regulations, the PAB shall recommend to the proper government agencies the filing of appropriate criminal charges against the violators. The PAB shall assist the public prosecutor in the litigation of the case.chanrobles virtual law library

Offenders shall be punished with imprisonment of not less than six (6) years but not more than ten (10) years at the discretion of the court. If the offender is a juridical person, the president, manager, directors, trustees, the pollution control officer or officials directly in charge of the operations shall suffer the penalty herein provided.chanrobles virtual law library

Section 4. Lien Upon Personal and Immovable Property. - Fines and penalties imposed pursuant to the Act or these Implementing Rules and Regulations shall be liens upon personal and immovable properties of the violator. Such lien shall, in case of insolvency of the respondent violator, enjoy preference subsequent to laborer's wages under Article 2241 and 2242 of Republic Act No. 386, otherwise known as the New Civil Code of the Philippines.chanrobles virtual law library

RULE LV
FINES AND PENALTIES FOR VIOLATION OF STANDARDS FOR MOTOR VEHICLES

Section 1. Fines and Penalties for Violation of Vehicle Emission Standards. - The driver and operator of the apprehended vehicle found to have exceeded the emission standards shall suffer the following penalties.chanrobles virtual law library
    (a) First offense - a fine in the amount of one thousand pesos (P 1,000.00);

    (b) Second offense - a fine in the amount of three thousand pesos (P 3,000.00); and

    (c) Third offense -a fine in the amount of five thousand pesos (P 5,000.00) and the offender must undergo a seminar on pollution control and management conducted by the DOTC/LTO.chanrobles virtual law library

In case the third offense was committed within a year from the commission of the first offense, an additional penalty of suspension of the Motor Vehicle Registration (MVR) for a period of one (1) year shall be imposed.chanrobles virtual law library

Section 2. Fines for Violation of the Provisions of Section 21(d) of the Act. - Any violation of the provisions of Section 21 paragraph (d) with regard to national inspection and maintenance program, including technicians and facility compliance shall be penalized with a fine of not less than thirty thousand pesos (P 30,000.00) or cancellation of license of both the technician and the center, or both, as determined by the DOTC.chanrobles virtual law library

RULE LVI
FINES AND PENALTIES FOR VIOLATIONS OF OTHER PROVISIONS OF THE CLEAN AIR ACT

Section 1. Fines and Penalties for Violations of Other Provisions in the Act. - For violations of all other provisions provided in the Act and these Implementing Rules and Regulations, fine of not less than Ten Thousand Pesos (P 10,000.00) but not more than One Hundred Thousand Pesos (P 100,000.00) or six (6) years imprisonment or both shall be imposed.chanrobles virtual law library

If the offender is a juridical person, the president, manager, directors, trustees, the pollution control officer or officials directly in charge of the operations shall suffer the penalty herein provided.chanrobles virtual law library

Section 2. Burning of Municipal Waste. - Any person who burns municipal waste in violation of Sections 1 and 3 of Rule XXV shall be punished with two (2) years and one (1) day to four (4) years imprisonment.chanrobles virtual law library

Section 3. Burning of Hazardous Substances and Wastes. - Any person who burns hazardous substances and wastes in violation of Section 1 of Rule XXV shall be punished with four (4) years and one (1) day to six (6) years imprisonment.chanrobles virtual law library

Section 4. Burning of Bio-Medical Waste. - Any person who burns bio-medical waste in violation of Section 4 of Rule XXV shall be punished with four (4) years and one (1) to six (6) years imprisonment.chanrobles virtual law library

Section 5. Smoking in Public Places. - Any person who smokes inside a public building or an enclosed public place, including public utility vehicles or other means of public transport or in any enclosed area outside of his private residence, private place of work or any duly designated smoking area shall be punished with six (6) months and one (1) day to one (1) year imprisonment or a fine of ten thousand pesos (P 10,000.00).chanrobles virtual law library

Section 6. Manufacture, Importation, Sale, Offer for Sale, Introduction into Commerce, Conveyance or other Disposition of Leaded Gasoline. - Any person who manufactures, imports, sells, offers for sale, introduces to commerce, conveys or otherwise disposes of, in any manner leaded gasoline shall be punished with three (3) years and one (1) day to five (5) years imprisonment and liable for the appropriate fine as provided in Section 1.chanrobles virtual law library

Section 7. Manufacture, Importation, Sale, Offer for Sale, Introduction into Commerce, Conveyance or other Disposition of Engines and/or Engine Components Requiring Leaded Gasoline. - Any person who manufactures, imports, sells, offers for sale, introduces into commerce, conveys or otherwise disposes of, in any manner engines and/or engine components which require the use of leaded gasoline shall be punished with three (3) years and one (1) day to five (5) years imprisonment and liable for the appropriate fine as provided in Section 1.chanrobles virtual law library

Section 8. Manufacture, Importation, Sale, Offer for Sale, Dispensation, Transportation or Introduction into Commerce of Unleaded Gasoline Fuel which do not Meet the Fuel Specifications. - Any person who manufactures, sells, offers for sale, dispenses, transports or introduces into commerce unleaded premium gasoline fuel in violation of Section 3 of Rule XXXI or which do not meet the fuel specifications as revised by the DOE shall be punished with three (3) years and one (1) day to five (5) years imprisonment and liable for the appropriate fine as provided in Section 1.chanrobles virtual law library

Section 9. Manufacture, Importation, Sale, Offer for Sale, Dispensation, Transportation or Introduction into Commerce of Automotive Diesel Fuel which do not Meet the Fuel Specifications. - Any person who manufactures, sells, offers for sale, dispenses, transports or introduces into commerce automotive diesel fuel in violation of Section 3 of Rule XXXI or which do not meet the fuel specifications as revised by the DOE shall be punished with three (3) years and one (1) day to five (5) years imprisonment and liable for the appropriate fine as provided in Section 1.chanrobles virtual law library

Section 10. Manufacture, Importation, Sale, Offer for Sale, Dispensation, Transportation or Introduction into Commerce of Industrial Diesel Fuel which do not Meet the Fuel Specifications. - Any person who manufactures, sells, offers for sale, dispenses, transports or introduces into commerce industrial diesel fuel in violation of Section 3 of Rule XXXI or which do not meet the fuel specifications as revised by the DOE shall be punished with three (3) years and one (1) day to five (5) years imprisonment and liable for the appropriate fine as provided in Section 1.chanrobles virtual law library

Section 11. Manufacture, Processing, Trade of Fuel or Fuel Additive Without Prior Registration of the Fuel or Fuel Additive with the DOE. - Any person who manufactures, processes, or engages in the trade of any fuel or fuel additive without having the fuel or fuel additive registered with the DOE shall be punished with two (2) years and one (1) day to four (4) years of imprisonment and liable for the appropriate fine as provided in Section 1.chanrobles virtual law library

Section 12. Misfuelling. - Misfuelling refers to the act of introducing or causing or allowing the introduction of leaded gasoline into any motor vehicle equipped with a gasoline tank filler inlet and labeled "unleaded gasoline only."

Any person who misfuels shall be punished with one (1) year and one (1) day to three (3) years imprisonment or a fine of twenty thousand pesos (P20,000.00).chanrobles virtual law library
 

PART XIV
FINAL PROVISIONS
RULE LVII
SEPARABILITY CLAUSE

If any clause, sentence, section or provision of these Implementing Rules and Regulations is held or declared unconstitutional or invalid by a competent court, the remaining parts of these Implementing Rules and Regulations shall not be affected thereby.chanrobles virtual law library
RULE LVIII
REPEALING AND AMENDING CLAUSE

Department Administrative Order No. 2000-03 and all orders, rules and regulations inconsistent with or contrary to the provisions of these Implementing Rules and Regulations are hereby repealed or modified accordingly.chanrobles virtual law library
RULE LIX
EFFECTIVITY

These Implementing Rules and Regulations shall take effect fifteen (15) days from the date of its publication in the Official Gazzette or in at least two (2) newspapers of general circulation.chanrobles virtual law library

Approved:chanroblesvirtuallawlibrary
 

ANTONIO H. CERILLES
Secretary
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Since 19.07.98