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

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

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

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

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

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

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

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

Section 1. Air Quality Principles. - 

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

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

a.  The right to breathe clean air;
 
b.  The right to utilize and enjoy all natural resources according to the principles of sustainable development;
 
c.  The right to participate in the formulation, planning, implementation and monitoring of environmental policies and programs and in the decision-making process;
 
d.  The right to participate in the decision-making process concerning development policies, plans and programs projects or activities that may have adverse impact on the environment and public health;
 
e.  The right to be informed of the nature and extent of the potential hazard of any activity, undertaking or project and to be served timely notice of any significant rise in the level of pollution and the accidental or deliberate release into the atmosphere of harmful or hazardous substances;
 
f.  The right of access to public records which a citizen may need to exercise his or her rights effectively under this Act;
 
g.  The right to bring action in court or quasi-judicial bodies to enjoin all activities in violation of environmental laws and regulations, to compel the rehabilitation and cleanup of affected area, and to seek the imposition of penal sanctions against violators of environmental laws; and
 
h.  The right to bring action in court for compensation of personal damages resulting from the adverse environmental and public health impact of a project or activity.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

"Director" means the Director of the Bureau;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Section 1. National Ambient Air Quality Guideline Values

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

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

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

Exceedance of the National Ambient Air Quality Guideline Values; or

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(a) Provincial Governors from areas belonging to the airshed;
(b) City/Municipal Mayors from areas belonging to the airshed;
(c) A representative from each concerned government agency;
(d) Representatives from people's organizations;
(e) Representatives from non-government organizations; and
(f) Representatives from the private sector.

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

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

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

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

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

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

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

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

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