04 - RA 8749 - Philippine Clean Air Act

8/8/2019 04 - RA 8749 - Philippine Clean Air Act

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PHILIPPINE CLEAN AIR ACT OF 1999

Chapter 1General Provisions

Article OneBasic Air Quality Policies

SECTION 1. Short Title. - This Act shall beknown as the Philippine Clean Air Act of1999.

SEC. 2. Declaration of Principles. - TheState shall protect and advance the rightof the people to abalanced and healthfulecology in accord with the rhythm andharmony of nature.

The State shall promote and protect the

global environment to attain sustainabledevelopment while recognizing the primaryresponsibility of local government units todeal with environmental problems.

The State recognizes that theresponsibility of cleaning the habitat andenvironment is primarily area-based.

The State also recognizes the principlethat polluters must pay.

Finally, the State recognizes that a cleanand healthy environment is for the good of


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all and should, therefore, be the concernof all.

SEC. 3. Declaration of Policies. - The

State shall pursue a policy of balancingdevelopment and environmental protection.To achieve this end, the frame work forsustainable development shall be pursued.It shall be the policy of the State to:

[a] Formulate a holistic nationalprogram of air pollution managementthat shall be implemented bythegovernment through properdelegation and effectivecoordination of functions andactivities;

[b] Encourage cooperation and self-

regulation among citizens andindustries through the applicationofmarket-based instruments;[c] Focus primarily on pollution prevention rather than on controland provide for acomprehensive management program forair pollution;

[d] Promote public information andeducation and to encourage the participation of an informed and


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activepublic in air quality planningand monitoring; and

[e] Formulate and enforce a system

of accountability for short andlong-term adverse environmentalimpact of a project, program oractivity. This shall include thesetting up of a funding or guarantee mechanism for clean-up andenvironmental rehabilitation and

compensation for personal damages.

SEC. 4. Recognition of Rights. - Pursuantto the above-declared principles, thefollowing rights of citizensare herebysought to be recognized and the State shallseek to guarantee their enjoyment:

[a] The right to breathe clean air;

[b] The right to utilize and enjoyall natural resources according tothe principles of sustainabledevelopment;

[c] The right to participate in theformulation, planning,

implementation and monitoring ofenvironmental policies and programsand in the decision-making process;

[d] The right to participate in thedecision-making process concerning


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development policies, plansand programs projects or activitiesthat may have adverse impact on theenvironment and public health;

[e] The right to be informed of thenature and extent of the potentialhazard of any activity, undertakingor project and to be served timelynotice of any significant rise inthe level of pollution and the

accidental or deliberate

release into the atmosphere ofharmful or hazardous substances;

[f] The right of access to publicrecords which a citizen may need toexercise his or her rightseffectively under this Act;[g] The right to bring action incourt or quasi-judicial bodies toenjoin all activities in violationof environmental laws and regulations, to compel therehabilitation and cleanup ofaffected area, and to seek the

imposition ofpenal sanctions againstviolators of environmental laws; and

[h] The right to bring action incourt for compensation of personaldamages resulting from the


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adverseenvironmental and publichealth impact of a project oractivity.

Article TwoDefinition of Terms

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

a) Air pollutantmeans any matterfound in the atmosphere other thanoxygen, nitrogen, water vapor,

carbon dioxide, and the inert gases intheir natural or normal concentrations,that is detrimental to health orthe environment, which includes, but notlimited to smoke, dust, soot, cinders,fly ash, solid particles of anykind, gases, fumes, chemical mists,steam and radioactive substances;b) Air pollutionmeans any alterationof the physical, chemical and biological properties of theatmospheric air, or any dischargethereto of any liquid, gaseous or solidsubstances that will or is likely to

create or to render the air resources ofthe country harmful, detrimental, orinjurious to public health, safety orwelfare or which will adversely affecttheir utilization for domestic,commercial, industrial, agricultural,


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recreational, or otherlegitimatepurposes;c) Ambient air quality guideline

valuesmeans the concentration of airover specified periods classifiedas short-term and long-term which areintended to serve as goals orobjectives for the protection of healthand/or public welfare. These valuesshall be used for air quality

management purposes such as determiningtime trends, evaluating stages ofdeterioration or enhancement of the airquality, and in general, used as basisfor taking positive action inpreventing, controlling, or abating airpollution;

d) Ambient air qualitymeans thegeneral amount of pollution present ina broad area; and refers totheatmospheres average purity asdistinguished from discharge measurements taken at the source ofpollution;

e) Certificate of Conformitymeans acertificate issued by the Department ofEnvironment and NaturalResources to a vehicle manufacturer / assembler orimporter certifying that a particular


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new vehicle or vehicle type meets therequirements provided under this Actand its rules and regulations;

f) Departmentmeans the Department ofEnvironment and Natural Resources;

g)Eco-profile means the geographic- based instrument for planners anddecision makers which presentanevaluation of the environment qualityand carrying capacity of an area. It isthe result of the integration ofprimary data and information on naturalresources and antropogenic activitieson the land which were evaluated byvarious environmental risk assessmentand forecasting methodologies thatenable the Department to anticipate

the type of development controlnecessary in the planning area.

h)Emissionmeans any air contaminant,pollutant, gas stream or unwanted soundfrom a known source which is passed intothe atmosphere;

i) Greenhouse gasesmeans those gasesthat can potentially or can reasonably be expected to induce global warming,which include carbon dioxide, oxides ofnitrogen, chloroflourocarbons, and thelike;


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j) Hazardous substances means thosesubstances which present either: (1)short-term acute hazards such as acutetoxicity by ingestion, inhalation, orskin absorption, corrosivity or otherskin or eye contact hazard or the riskof fire explosion; or (2) long-termtoxicity upon repeated exposure,carcinogecity (which in somecases result in acute exposure but witha long latent period), resistance to

detoxification process suchas biodegradation, the potential topollute underground or surface waters;

k) Infectious waste means that portion of medical waste that couldtransmit an infectious disease;

l) Medical wastemeans the materialsgenerated as a result of patientdiagnosis, treatment, or immunization ofhuman beings or animals;

m) Mobile sourcemeans any vehicle propelled by or through combustion ofcarbon-based or other fuel,constructedand operated principally for theconveyance of persons or thetransportation of property goods;

n) Motor vehiclemeans any vehicle propelled by a gasoline or diesel


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engine or by any means other thanhumanor animal power, constructed andoperated principally for the conveyanceof persons or thetransportation ofproperty or goods in a public highwayor street open to public use;

o) Municipal wastemeans the waste materials generated from communitieswithin a specific locality;

p) "New vehiclemeans a vehicleconstructed entirely from new partsthat has never been sold orregisteredwith the DOTC or with theappropriate agency or authority, andoperated on the highways of thePhilippines,any foreign state orcountry;

q) Octane Rating or the Anti-KnockIndex(AKI)means the rating of theanti-knock characteristics of a grade ortype of automotive gasoline asdetermined by dividing by two (2) thesum of the Research Octane Number (RON),plus the Motor Octane Number (MON); the

octane requirement, with respect toautomotive gasoline for use in a motor vehicle or a class thereof, whetherimported, manufactured, or assembled bya manufacturer, shall refer to the


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minimum octane rating of suchautomotive gasoline which such manufacturer recommends for theefficient operation of such motor vehicle, or a substantial portion ofsuch class, without knocking;

r) Ozone Depleting Substances(ODS)means those substances thatsignificantly deplete orotherwisemodify the ozone layer in a manner that is likely to result inadverse effects of human health andthe environment such as, but not limitedto, chloroflourocarbons, halons and thelike;

s) Persistent Organic Pollutants(POPs)means the organic compounds

that persist in theenvironment, bioaccumulate through thefood web, and pose a risk of causingadverse effects to human health andtheenvironment. These compounds resist photolytic, chemical and biologicaldegradation, which shall include but not be limited to dioxin, furan,Polychlorinated Biphenyls (PCBs),organochlorine pesticides, such asaldrin,dieldrin, DDT,hexachlorobenzene, lindane, toxaphereand chlordane;


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t) Poisonous and toxic fumesmeansany emissions and fumes which are beyond internationally -acceptedstandards, including but notlimited to the World HealthOrganization (WHO) guideline values;

u) Pollution control device" means anydevice or apparatus used to prevent,control or abate the pollution of aircaused by emissions from identified

pollution sources at levels within theair pollution control standardsestablished by the Department;

v) Pollution control technologymeansthe pollution control devices, production process, fuelcombustionprocesses or other means thateffectively prevent or reduce emissionsor effluent;

w) Standard of performance" means astandard for emissions of air pollutantwhich reflects the degree ofemissionlimitation achievable through theapplication of the best system of

emission reduction, taking into accountthe cost of achieving such reductionand any non-air quality health andenvironmental impact and energyrequirement which the Department


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determines, and adequatelydemonstrates; and

x) Stationary sourcemeans any

building or immobile structure,facility or installation which emits ormay emit any air pollutant.

Chapter 2Air Quality Management System

Article OneGeneral Provisions

SEC. 6. Air Quality Monitoring andInformation Network.- The Department shall prepare an annual National AirQualityStatus Report which shall be used as the basis in formulating the Integrated AirQuality ImprovementFramework, as providedfor in Sec. 7. The said report shallinclude, but shall not be limited to thefollowing:

a) Extent of pollution in thecountry, per type of pollutant andper type of source, based on reportsof the Departments monitoringstations;

b) Analysis and evaluation of thecurrent state, trends andprojections of air pollution at thevarious levelsprovided herein;


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c) Identification of critical areas,activities, or projects which willneed closer monitoring orregulation;

d) Recommendations for necessaryexecutive and legislative action;and

e) Other pertinent qualitative andquantitative information concerningthe extent of air pollution and theair quality performance rating ofindustries in the country.

The Department, in cooperation with the National Statistical Coordination Board(NSCB), shall design anddevelop aninformation network for data storage,

retrieval and exchange.The Department shall serve as the centraldepository of all data and informationrelated to air quality.

SEC. 7. Integrated Air Quality ImprovementFramework.- The Department shall within six(6) months after theeffectivity of thisAct, establish, with the participation ofLGUs, NGOs, POs, the academe and otherconcernedentities from the private sector,formulate and implement the Integrated AirQuality Improvement Framework fora


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comprehensive air pollution management andcontrol program. The framework shall, amongothers, prescribe the emission reductiongoals using permissible standards, controlstrategies and control measures toundertaken within a specified time period,including cost-effective use of economicincentives, management strategies,collective actions, and environmentaleducation and information.

The Integrated Air Quality ImprovementFramework shall be adopted as the officialblueprint with which allgovernment agencies must comply with to attain and maintainambient air quality standards.

SEC. 8. Air Quality Control Action Plan.-Within six (6) months after the formulation

of the framework, theDepartment shall, with public participation, formulate andimplement an air quality control action plan consistent with Sec. 7 of this Act.The action plan shall:

a) Include enforceable emissionlimitations and other control

measures, means or techniques, aswell asschedules and time tables forcompliance, as may be necessary orappropriate to meet theapplicablerequirements of this Act;


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b) Provide for the establishment andoperation of appropriate devices, methods, systems andproceduresnecessary to monitor,compile and analyze data on ambientair quality;

c) Include a program to provide forthe following: (1) enforcement ofthe measures described insubparagraph [a]; (2) regulation of

the modification and construction ofany stationary source within theareas covered by the plan, inaccordance with land use policy toensure that ambient air qualitystandards are achieved;d) Contain adequate provisions,

consistent with the provisions ofthis Act, prohibiting any source orother types of emissions activitywithin the country from emitting anyair pollutant in amounts which willsignificantly contribute to the non-attainment or will interfere with

the maintenance by the Department ofany such ambient air quality standardrequired to be included in theimplementation plan to preventsignificant deterioration ofairquality or to protect visibility;


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e) Include control strategies andcontrol measures to be undertakenwithin a specified time period,including cost effective use ofeconomic incentives, managementstrategies, collection action andenvironmental education and information;f) Designate airsheds; andg) All other measures necessary forthe effective control and abatementof air pollution.

The adoption of the plan shall clarify thelegal effects on the financial, manpowerand budgetary resources ofthe affectedgovernment agencies, and on the alignmentof their programs with the plans.

In addition to direct regulations, the planshall be characterized by a participatoryapproach to the pollution problem. Theinvolvement of private entities in the monitoring and testing of emissions from mobile and/or stationary sources shall beconsidered.

Likewise, the LGUs, with the assistancefrom the Department, shall prepare and


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develop an action planconsistent with theIntegrated Air Quality ImprovementFramework to attain and maintain theambient air quality standards within theirrespective airsheds as provided in Sec. 9hereof.

The local government units shall developand submit to the Department a procedurefor carrying out the action plan for theirjurisdiction. The Department, however,

shall maintain its authority toindependently inspect the enforcement procedure adopted. The Department shallhave the power to closely supervise all orparts of the air quality action plan untilsuch time the local government unitconcerned can assume the functionto enforce the standards set by theDepartment.

A multi-sectoral monitoring team with broadpublic representation shall be convened bythe Department for each LGU to conduct periodic inspections of air pollutionsources to assess compliance withemission limitations contained in theirpermits.

SEC. 9. Airsheds.- Pursuant to Sec. 8 ofthis Act, the designation of airsheds shallbe on the basis of, but not limited to,


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areas with similar climate, meteorology andtopology which affect the interchange anddiffusion ofpollutants in the atmosphere,or areas which share common interest orface similar development programs,prospectsor problems.

For a more effective air quality management, a system of planning andcoordination shall be established andacommon action plan shall be formulated foreach airshed.

To effectively carry out the formulatedaction plans, a Governing Board is herebycreated, hereinafter referred to as theBoard.

The Board shall be headed by the Secretary

of the Department of Environment andNatural Resources as chairman. The membersshall be as follows:

a) Provincial Governors from areasbelonging to the airshed;

b) City/Municipal Mayors from areasbelonging to the airshed;

c) A representative from eachconcerned government agency;


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d) Representatives from peoplesorganizations;

e) Representatives from non-

government organizations; and

f) Representatives from the privatesector.

The Board shall perform the followingfunctions:

a) Formulation of policies;

b) Preparation of a common actionplan;

c) Coordination of functions amongits members; and

d) Submission and publication of an

annual Air Quality Status Report foreach airshed.

Upon consultation with appropriate localgovernment authorities, the Departmentshall, from time to time, revise thedesignation of airsheds utilizing eco- profiling techniques and undertaking

scientific studies.

Emissions trading may be allowed amongpollution sources within an airshed.


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SEC. 10. Management of Non-attainmentAreas.- The Department shall designateareas where specific pollutants have already exceeded ambientstandards as non-attainment areas. TheDepartment shall prepare and implement aprogram that will prohibit new sources ofexceeded air pollutant without acorresponding reduction in existingresources.

In coordination with other appropriategovernment agencies, the LGUs shall prepareand implement a program and other measures includingrelocation, whenever necessary, to protectthe health and welfare ofresidents in thearea.

For those designated as nonattainmentareas, the Department, after consultationwith local governmentauthorities,nongovernment organizations (NGOs),peoples organizations (POs) and concernedsectors may revise the designation of suchareas and expand its coverage to coverlarger areas depending on the condition ofthe areas.

SEC. 11. Air Quality Control Techniques.-Simultaneous with the issuance of theguideline values andstandards, the


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Department, through the research anddevelopment program contained in this Actand upon consultation with appropriateadvisory committees, government agenciesand LGUs, shall issue, and from time totime, revise information on air pollutioncontrol techniques.Such information shall include:

a) Best available technology and

alternative methods of prevention, management and control of airpollution;

b) Best available technologyeconomically achievable which shallrefer to the technologicalbasis/standards for emission limitsapplicable to existing, directindustrial emitters ofnonconventional and toxicpollutants; and

c) Alternative fuels, processes andoperating methods which will resultin the eliminator or significant

reduction of emissions.Such information may also include datarelating to the cost of installation andoperation, energy requirements, emission


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SuspendedParticulateMatterc-TSP

230d 24 hours 90 ---- 1 year e

-PM-10 150f 24 hours 60 ---- 1 year e

Sulfur Dioxidec 180 0.07 24 hours 80 0.03 1 year

NitrogenDioxide

150 0.08 24 hours ---- ---- ----

PhotochemicalOxidants

140 0.07 1 hour ---- ---- ----

As Ozone 60 0.03 8 hours ---- ---- ----

CarbonMonoxide 35

30 1 hour ---- ---- ---- ----

mg/Ncm

10 9 8 hours ---- ---- ----

mg/NcmLeadg 1.5 ---- 3 monthsg 1.0 ---- 1 year

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

b Arithmetic mean

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

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

e Annual Geometric Mean

fProvisional limits for Suspended Particulate Matter with mass median diameter less than10 microns and below until sufficient monitoring data are gathered to base a properguideline.

g Evaluation of this guideline is carried out for 24-hour averaging time and averaged overthree moving calendar months. The monitored average value for any three months shallnot exceed the guideline value.

b) For National Ambient Air QualityStandards for Source Specific AirPollutants from:

Industrial Sources/ Operations:


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Pollutants1 Concentration2

Averagingtime (min.)

Method of Analysis/Measurement3

/Ncm ppm

1. Ammonia 200 0.28 30Nesselerization/ IndoPhenol

2. Carbon Disulfide 30 0.01 30 Tischer Method

3. Chlorine andChlorineCompoundsexpressed as Cl2

100 0.03 5 Methyl Orange

4. Formaldehyde 50 0.04 30Chromotropic acidMethod or MBTHColorimetric Method

5. HydrogenChloride

200 0.13 30Volhard Titration withIodine Solution

6. Hydrogen Sulfide 100 0.07 30 Methylene Blue

7. Lead 20 30 AASc

8. Nitrogen Dioxide 375,260 0.20,0.14 30,60 Greiss- Saltzman

9. Phenol 100 0.03 30 4-Aminoantiphyrine

10. Sulfur Dioxide 470, 3400.18,0.13

30,60Colorimetric-Pararosaniline

11. Suspended

Particulate

Matter-TSP 300 ---- 60 Gravimetric1Pertinent ambient standards for Antimony, Arsenic, Cadmium, Asbestos, Nitric Acid and

Sulfuric Acid Mists in the 1978 NPCC Rules and Regulations may be considered as guidesin determining compliance.2 Ninety-eight percentile (98%) values of 30-minute sampling measured at 250C and oneatmosphere pressure.

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

The basis in setting up the ambient airquality guideline values and standardsshall reflect, among others, the latestscientific knowledge including informationon:


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a) Variable, including atmosphericconditions, which of themselves or incombination with other factors mayalter the effects on public health orwelfare of such air pollutant;

b) The other types of air pollutantswhich may interact with such pollutantto produce an adverse effect on publichealth or welfare; and

c) The kind and extent of allidentifiable effects on public healthor welfare which may be expected from presence of such pollutant in theambient air, in varying quantities.

The Department shall base such ambient airquality standards on World Health

Organization (WHO) standards, but shall notbe limited to nor be less stringent thansuch standards.

SEC. 13. Emission Charge System.- TheDepartment, in case of industrialdischargers, and the DepartmentofTransportation and Communication (DOTC),in case of motor vehicle dischargers,shall, based on environmental techniques,design, impose on and collect regularemission fees from said dischargers aspart of the emission permitting system orvehicle registration renewal system, as the


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case may be. The system shall encourage theindustries and motor vehicles to abate,reduce, or prevent pollution. The basis ofthe fees include, but is not limited to,the volume and toxicity of any emitted pollutant. Industries, which shallinstall pollution control devices orretrofit their existing facilities withmechanisms that reduce pollution shall beentitled to tax incentives such as but notlimited total credits and/or accelerated

depreciation deductions.

SEC. 14. Air Quality Management Fund.- An Air Quality Management Fund to beadministered by theDepartment as a special account in theNational Treasury is hereby established tofinance containment, removal, and clean-upoperations of the Government in air pollution cases, guarantee restorationof ecosystems and rehabilitate areasaffected by the acts of violators of this Act, to support research, enforcement andmonitoring activities and capabilities ofthe relevant agencies, as well as to

provide technical assistance tothe relevantagencies. Such fund may likewise be

allocated per airshed for the undertakingsherein stated.


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The Fund shall be sourced from the finesimposed and damages awarded to the Republicof the Philippines by the Pollution Adjudication Board (PAB), proceeds oflicenses and permits issued by theDepartment under this Act, emission feesand from donations, endowments and grantsin the forms of contributions.Contributions to the Fund shall be exemptedfrom donor taxes and all other taxes,charges or fees imposed by the Government.SEC. 15. Air Pollution Research andDevelopment Program.- The Department, incoordination with the Department of Scienceand Technology (DOST), other agencies, the private sector, the academe, NGOsand POs, shall establish a NationalResearch and Development Program for the

prevention and control of airpollution.The Department shall give special emphasisto research on and the development ofimproved methods having industry-wideapplication for the prevention and controlof air pollution.

Such a research and development programshall develop air quality guideline valuesand standards in addition tointernationally-accepted standards. Itshall also consider the socio-cultural,


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SEC. 18. Financial Liability forEnvironmental Rehabilitation.- As part ofthe environmental management planattachedto the environmental compliance certificate pursuant to Presidential Decree No. 1586and rules andregulations set therefor, theDepartment shall require program and project proponents to put upfinancialguarantee mechanisms to financethe needs for emergency response, clean-uprehabilitation of areas that may be damaged during the program orprojects actual implementation. Liabilityfor damages shall continue even after thetermination of a program or project, wheresuch damages are clearly attributable tothat program or project and for a definiteperiod to be determined by the Departmentand incorporated into theenvironmentalcompliance certificate.Financial liability instruments may be inthe form a trust fund, environmentalinsurance, surety bonds, letters of credit,as well as self-insurance. The choice ofthe guarantee instruments shall furnish the

Department withevidence of availment ofsuch instruments.

Article ThreePollution from Stationary Sources


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SEC. 19. Pollution From StationarySources.- The Department shall, within two(2) years from the effectivity of this Act,and every two (2) years thereafter, review,or as the need therefore arises, revise andpublishemission standards, to furtherimprove the emission standards forstationary sources of air pollution.Suchemission standards shall be based onmass rate of emission for all stationarysource of air pollution based

oninternationally accepted standards, butnot be limited to, nor be less stringentthan such standards and with the standardsset forth in this section. The standards,whichever is applicable, shall be the limiton the acceptable level of pollutantsemitted from a stationary source for the protection of the publics health andwelfare.

With respect to any trade, industry, process and fuel-burning equipment orindustrial plant emitting airpollutants,the concentration at the point of emissionshall not exceed the following limits:

PollutantsStandard Applicable

to Source

MaximumPermissible

Limits(mg/Ncm)

Method of Analysisa

1. Antimony and any source 10 as Sb AASb


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Its compounds

2. Arsenic and itscompounds

Any source 10 as As AASb

3. Cadmium and itscompounds

Any source 10 as Cd AASb

4. CarbonMonoxide

Any industrialSource

500 as CO Orsat analysis

5. Copper and itsCompounds

Any industrialsource

100 ax Cu AASb

6. HydrofluoricAcids and Fluoridecompounds

Any source otherthan themanufacture ofAluminum fromAlumina

50 as HFTitration withAmmoniumThiocyanate

7. Hydrogen

Sulfide

i) Geothermal Power

Plants

c.d Cadmium Sulfide

Method

ii) GeothermalExploration andwell-testing

e

iii) Any source otherthan (i) and (ii)

7 as H2SCadmium SulfideMethod

8. LeadAny trade, industryor process

10 as Pb AASb

9. Mercury Any Source5 as elementalHg

AASb/Cold-VaporTechnique or Hg

Analyzer10. Nickel and itscompounds,except NickelCarbonyl f

Any source 20 as Ni AASb

11. NOxi) Manufacture ofNitric Acid

2,000 as acidand NOx andcalculated asNO2

Phenol-disulfonic acidMethod

ii) Fuel burningsteam generators


Existing Source 1,500 as NO2

New Source

Coal-Fired 1,000 as NO2

Oil-Fired 500 as NO2

iii) Any source otherthan (i) adn (ii)



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Existing Source 1000 as NO2

New Source 500 as NO2

12. PhosphorusPentoxideg

Any source 200 as P2O5 Spectrophotometry

13. Zinc and itsCompounds Any source 100 as Zn AAS

b

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

b Atomic Absorption Specttrophotometry

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

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

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

fEmission limit of Nickel Carbonyl shall not exceed 0.5 mg/Ncm.

g Provisional Guideline

Provided, That the maximum limits in mg/ncm particulates in said sources shall be:

1. Fuel Burning Equipmenta) Urban or Industrial Area 150 mg/Ncmb) Other Area 200 mg/Ncm2. Cement Plants (Kilns, etc.) 150 mg/Ncm3. Smelting Furnaces 150 mg/Ncm4. Other Stationary Sourcesa 200 mg/Ncm

a Other Stationary Sources means a trade, process, industrial plant, or fuel burningequipment other than thermal power plants, industrial boilers, cement plants, incineratorsand smelting furnaces.

Provided, further, That the maximum limits

for sulfur oxides in said sources shall be:(1) Existing Sources

(i) Manufacture of Sulfuric Acid and Sulf(on)ation Process 2.0gm.Ncm as SO3

(ii) Fuel burning Equipment 1.5gm.Ncm as SO2

(iii) Other Stationary Sourcesa 1.0gm.Ncm as SO3


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(2) New Sources

(i) Manufacture of Sulfuric Acid and Sulf(on)ation Process 1.5 gm.Ncm as SO3

(ii) Fuel Burning Equipment 0.7 gm.Ncm as SO2

(iii) Other Stationary Sourcesa 0.2 gm.Ncm as SO3a Other Stationary Sources refer to existing and new stationary sources other than thosecaused by the manufacture of sulfuric acid and sulfonation process, fuel burningequipment and incineration.

For stationary sources of pollution notspecifically included in the immediatelypreceding paragraph, the following emissionstandards shall not be exceeded in theexhaust gas:

I. Daily And Half Hourly Average Values

DailyAverageValues

HalfHourly

AverageValues

Total dust10mg/m3

30mg/m3

Gaseous and vaporous organic substances, expressed as totalorganic carbon

10mg/m3

20mg/m3

Hydrogen chloride (HCl)10mg/m3

60mg/m3

Hydrogen fluoride (HF) 1 mg/m3 4 mg/m3

Sulfur dioxide (SO2)50mg/m3

200mg/m3

Nitrogen monoxide (NO) and Nitrogen dioxide (NO2), expressedas nitrogen dioxide for incineration plants with a capacityexceeding 3 tonnes per hour

200mg/m3

400mg/m3

Nitrogen monoxide (NO) and nitrogen dioxide (NO2), expressedas nitrogen dioxide for incineration plants with a capacity of 3tonnes per hour or less

300mg/m3

Ammonia10mg/m3

20mg/m3

II. All the Average Values Over the SamplePeriod of a Minimum of 4 and Maximum of 8


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Hours.Cadmium and its compounds, expressed as cadmium (Cd)

total0.05

Thallium and its compounds, expressed as thallium (Tl) mg/m

3

Mercury and its Compounds, expressed as mercury (Hg)0.05mg/m3

Antimony and its compounds, expressed as antimony (Sb)

Arsenic and its compounds, expressed as arsenic (As)total0.5mg/m3

Lead and its compounds, expressed as lead ( Pb)

Chromium and its compounds, expressed as chromium (Cr)

Cobalt and its compounds, expressed as cobalt (Co)

Copper and its compounds, expressed as copper (Cu)Manganese and its compounds, expressed as manganese (Mn)

Nickel and its compounds, expressed as nickel (Ni)

Vanadium and its compounds, expressed as vanadium (V)

Tin and its compounds, expressed as tin (Sn)

These average values cover also gaseous andthe vapor forms of the relevant heavy metalemission as well as their compounds:

Provided, That the emission of dioxins andfurans into the air shall be reduced by the most progressive techniques: Provided,further, That all average of dioxin andfurans measured over the sample period of aminimum of 5 hours and maximum of 8 hours must not exceed the limit value of 0.1nanogram/m3.

Pursuant to Sec. 8 of this Act, theDepartment shall prepare a detailed action plan setting the emission standards orstandards of performance for any stationary


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source the procedure for testing emissionsfor each type of pollutant, and the procedure for enforcement of saidstandards.

Existing industries, which are proven toexceed emission rates established by theDepartment in consultation withstakeholders, after a thorough, credibleand transparent measurement process shallbe allowed a grace period of eighteen (18)

months for the establishment of anenvironmental management system and theinstallation of an appropriate airpollution control device : Provided, Thatan extension of not more than twelve (12)months may be allowed by the Department onmeritorious grounds.

SEC. 20. Ban on Incineration.-Incineration, hereby defined as the burningof municipal, biomedical andhazardouswaste, which process emits poisonous andtoxic fumes is hereby prohibited; Provided,however, That the prohibition shall notapply to traditional small-scale method ofcommunity/neighborhood sanitation siga,traditional, agricultural, cultural,health, and food preparation andcrematoria; Provided, further, Thatexistingincinerators dealing with a biomedicalwastes shall be out within three (3) years


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after the effectivity of this Act;Provided, finally, that in the interim,such units shall be limited to the burningof pathological and infectious wastes, andsubject to close monitoring by theDepartment.

Local government units are hereby mandatedto promote, encourage and implement intheir respective jurisdiction acomprehensive ecological waste management

that includes waste segregation, recyclingand composting.With due concern on the effects of climatechange, the Department shall promote theuse of state-of-the-art,environmentally-sound and safe non-burn technologies forthe handling, treatment, thermal

destruction,utilization, and disposal ofsorted, unrecycled, uncomposted, biomedicaland hazardous wastes.

Article FourPollution from Motor Vehicles

SEC. 21. Pollution from Motor Vehicles.- a)

The DOTC shall implement the emissionstandards for motor vehicles set pursuantto and as provided in this Act. To furtherimprove the emission standards, theDepartment shall review, revise and publishthe standards every two (2) years, or as


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the need arises. It shall consider themaximum limits for all majorpollutants toensure substantial improvement in airquality for the health, safety and welfareof the generalpublic.The following emission standards for typeapproval of motor vehicles shall beeffective by the year 2003:

a) For light duty vehicles, the exhaustemission limits for gaseous pollutantsshall be:

Emission Limits for Light Duty VehiclesType Approval

(Directive 91/441/EEC)

CO

(g/km)HC + NOx

(g/km)

PMa(g/km)

2.72 0.97 0.14a for compression-ignition engines only

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

Reference Weight (RW) (kg) CO (g/km) HC + NOx (g/km) PMa (g/km)

Category 1 1250< RW 2.72 0.97 0.14

Category 2 1250< RW1700 6.9 1.7 0.25a for compression-ignition engines only


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c) For heavy duty vehicles, the exhaustemission limits of gaseous pollutants shallbe:

CO(g/k/Wh)

HC(g/k/Wh)

NOx(g/k/Wh)

PM(g/k/Wh)

4.5 1.1 8.0 0.36aa In the case of engines of 85 kW or less, the limit value for particular emissions inincreased by multiplying the quoted limit by a coefficient of 1.7

Fuel evaporative emission for spark-ignition engines shall not exceed 2.0 gramshydrocarbons per test. Likewise, it shall

not allow any emission of gases fromcrankcase ventilation system into theatmosphere.

b) The Department, in collaboration withthe DOTC, DTI and LGUs, shall develop anaction plan for the controland managementof air pollution from motor vehicles

consistent with the Integrated Air QualityFramework. TheDOTC shall enforce compliancewith the emission standards for motor vehicles set by the Department. The DOTCmay deputize other law enforcement agenciesand LGUs for this purpose. To this end, theDOTC shall have the power to:

[1] Inspect and monitor theemissions of motor vehicles;

[2] Prohibit or enjoin the use ofmotor vehicles or a class of motor


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The DTI shall likewise prescriberegulations requiring the disclosure ofodometer readings and the use of tamper-resistant odometers for all motor vehiclesincluding tamper-resistant fuel managementsystems for the effective implementation ofthe inspection and maintenance program.

SEC. 22. Regulation of All Motor Vehiclesand Engines.- Any imported new or locally-assembled new motor vehicle shall not beregistered unless it complies with theemission standards set pursuant to this Act, as evidenced by a Certificate ofConformity (COC) issued by the Department.

Any imported new motor vehicle engine shallnot be introduced into commerce, sold orused unless itcomplies with emission standards setpursuant to this Act.

Any imported used motor vehicle or rebuiltmotor vehicle using new or used engines, major parts components shall not be registered unlessit complies with the emission standards.

In case of non-compliance, the importer orconsignee may be allowed to modify orrebuild the vehicular engineso it will bein compliance with applicable emissionstandards.


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No motor vehicle registration (MVR) shallbe issued unless such motor vehicle passesthe emission testingrequirement promulgatedin accordance with this Act. Such testingshall be conducted by the DOTC oritsauthorized inspection centers withinsixty (60) days prior to date ofregistration.

The DTI shall promulgate the necessaryregulations prescribing the useful life of

vehicles and enginesincluding devices inorder to ensure that such vehicles will

conform to the emissions which they werecertified to meet. These regulations shallinclude provisions for ensuring thedurability of emission devices.

SEC. 23. Second-Hand Motor Vehicle

Engines.- Any imported second-hand motorvehicle engine shall not beintroduced intocommerce, sold or used unless it complieswith emission standards set pursuant tothis Act.

Article FivePollution from Other Sources

SEC. 24. Pollution from smoking.- Smokinginside a public building or an enclosedpublic place including publicvehicles andother means of transport or in any enclosedarea outside of ones private residence,


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private place of work or any dulydesignated smoking area is herebyprohibited under this Act. This provisionshall be implemented by the LGUs.SEC. 25. Pollution from other mobilesources.- The Department, in coordinationwith appropriate agencies, shall formulateand establish the necessary standards forall mobile sources other than thosereferred to in Sec. 21 of this Act. Theimposition of the appropriate fines and penalties from these sources for any violation ofemission standards shall beunder the jurisdiction of the DOTC.

Chapter 3Fuels, Additives, Substances and Pollutants

Article One

Fuels, Additives and Substances

SEC. 26. Fuels and Additives.- Pursuant tothe Air Quality Framework to be establishedunder Section 7 of thisAct, the Departmentof Energy (DOE), co-chaired by theDepartment of Environment and NaturalResources (DENR), in consultation with theBureau of Product Standards (BPS) of theDTI, the DOST, the representatives of thefuel and automotive industries, academe andthe consumers shall set the specificationsfor all types of


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fuel and fuel-related products, to improvefuel composition for increased efficiencyand reduced emissions:Provided, however,that the specifications for all types offuel and fuel-related products set-forth pursuant to thsection shall be adopted by the BPS asPhilippine National Standards (PNS).

The DOE shall also specify the allowablecontent of additives in all types of fuels

and fuel-related products.Such standardsshall be based primarily on threshold

levels of health and research studies. Onthe basis ofsuch specifications, the DOEshall likewise limit the content or beginthat phase-out of additives in all typesof fuels and fuel-related products as itmay deem necessary. Other agencies involved

in the performance of thisfunction shall berequired to coordinate with the DOE andtransfer all documents and informationnecessary forthe implementation of thisprovision.

Consistent with the provisions of thepreceding paragraphs under this section, itis declared that:

a) not later than eighteen (18)months after the effectivity of this Act, no person shall manufacture,


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import, sell, supply, offer for sale,dispense, transport or introduceinto commerce unleaded premiumgasoline fuel which has an anti-knockindex (AKI) of not less that 87.5and Reid vapor pressure of not morethan 9 psi. Within six (6) monthsafter the effectivity of this Act,unleaded gasoline fuel shall containaromatics not to exceed forty-five percent (45%) by volume andbenzene not to exceed four percent(4%) by volume; Provided, that byyear 2003, unleaded gasoline fuelshould contain aromatics not toexceed thirty-five percent (35%) byvolume andbenzene not to exceed twopercent (2%) by volume;

b) not later than eighteen (18)months after the effectivity of this Act, no person shall manufacture,import, sell, supply, offer for sale,dispense, transport or introduceinto commerce automotive diesel fuelwhich contains a concentration ofsulfur in excess of 0.20% by weightwith a cetane number of index of notless than forty-eight(48): Provided,That by year 2004, content of saidsulfur shall be 0.05% by weight; and


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c) not later than eighteen (18)months after the effectivity of this Act, no Person shall manufacture,import, sell, supply, offer for sale,dispense, transport or introduceinto commerce industrial diesel fuelwhich contains a concentration ofsulfur in excess of 0.30% (byweight).

Every two (2) years thereafter or as the

need arises, the specifications of unleadedgasoline and of automotive and industrialdiesel fuels shall be reviewed and revisedfor further improvement in formulation andin accordance with the provisions of thisAct.

The fuels characterized above shall be

commercially available. Likewise, the sameshall be the reference fuelsfor emissionand testing procedures to be established inaccordance with the provisions of this Act.

Any proposed additive shall not in any wayincrease emissions of any of the regulatedgases which shallinclude, but not limitedto carbon monoxide, hydrocarbons, andoxides of nitrogen and particulate matter,inorder to be approved and certified by theDepartment.


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SEC. 27. Regulation of Fuels and FuelAdditives.- The DOE, in coordination withthe Department and the BPS,shall regulatethe use of any fuel or fuel additive. No manufacturer, processor or trader of anyfuel or additive may import, sell, offerfor sale, or introduce into commerce suchfuel for additive unless the same has beenregistered with the DOE. Prior toregistration, the manufacturer, processoror trader shall provide the DOE with thefollowing relevant information:

a) Product identity and compositionto determine the potential healtheffects of such fuel additives;

b) Description of the analyticaltechnique that can be used to detect

and measure the additive in anyfuel;

c) Recommended range ofconcentration; and

d) Purpose in the use of the fueland additive.

SEC. 28.Misfueling.- In order to preventthe disabling of any emission controldevice by lead contamination, nopersonshall introduce or cause or allow theintroduction of leaded gasoline into any


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motor vehicle equippedwith a gasoline tankfiller inlet and labeledunleaded gasolineonly. This prohibition shall also apply toany person who knows or should know thatsuch vehicle is designed solely for the useof unleaded gasoline.

SEC. 29. Prohibition on Manufacture, Importand Sale of leaded Gasoline and of Enginesand/or ComponentsRequiring LeadedGasoline.- Effective not later than

eighteen (18) months after the enactment ofthis Act, no person shall manufacture,import, sell, offer for sale, introduceinto commerce, convey or otherwise disposeof, in any manner, leaded gasoline andengines and components requiring the use ofleaded gasoline.

For existing vehicles, the DTI shallformulate standards and procedures thatwill allow non-conforming enginesto complywith the use of unleaded fuel withinfive(5) years after the effectivity of thisAct.

Article Two

Other Pollutants

SEC. 30. Ozone-DepletingSubstances.- Consistent with the terms andconditions of the Montreal ProtocolonSubstances that Deplete the Ozone Layer


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and other international agreements and protocols to which thePhilippines is asignatory, the Department shall phase outozone-depleting substances.

Within sixty (60) days after the enactmentof this Act, the Department shall publish alist of substances which are known to causeharmful effects on the stratospheric ozonelayer.

SEC. 31. Greenhouse Gases.- The Philippine Atmospheric, Geophysical and AstronomicalService Administration (PAGASA) shall regularly monitor meteorological factors affectingenvironmental conditionsincluding ozonedepletion and greenhouse gases andcoordinate with the Department in order to

effectively guide air pollution monitoringand standard-setting activities.

The Department, together with concernedagencies and local government units, shallprepare and fully implement a national planconsistent with the United NationsFramework Convention on Climate Change

and other international agreements,conventions and protocols on the reductionof greenhouse gas emissions in the country.SEC. 32. Persistent OrganicPollutants.- The Department shall, within a


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period of two (2) years after theenactmentof this Act, establish an inventory list ofall sources of Persistent OrganicPollutants (POPs) in the country. TheDepartment shall develop short-term andlong-term national government programs onthereduction and elimination of POPs suchas dioxins and furans. Such programs shall be formulated within ayear after theestablishment of the inventory list.

SEC. 33. Radioactive Emissions.- All projects which will involve the use ofatomic and/or nuclear energy, andwillentail release and emission of radioactivesubstances into the environment, incidentto the establishment or possession ofnuclear energy facilities and radioactivematerials, handling, transport, production,

storage, and use of radioactive materials,shall be regulated in the interest ofpublic health and welfare by the Philippine Nuclear Research Institute (PNRI), incoordination with Department and otherappropriate governmentagencies.

Chapter 4Institutional Mechanism

SEC. 34. Lead Agency.- The Department,unless otherwise provided herein, shall be


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the primary government agency responsiblefor the implementation and enforcement ofthis Act. To be more effective in thisregard, TheDepartments EnvironmentalManagement Bureau (EMB) shall be convertedfrom a staff bureau to a linebureau for a period of no more than two (2) years,unless a separate, comprehensiveenvironmentalmanagement agency is created.SEC. 35. Linkage Mechanism.- The Department

shall consult, participate, cooperate andenter into agreement with other governmentagencies, or with affected non-governmental(NGOs) or peoples organizations (POs),orprivate enterprises in the furtherance ofthe objectives of this Act.

SEC. 36. Role of Local Government Units.-

Local Government Units (LGUs) shall sharethe responsibility in the management and maintenance of air quality within theirterritorial jurisdiction. Consistent withSections 7, 8 and 9 of this Act, LGUs shallimplement air quality standards set by theBoard in areas within their jurisdiction;Provided, however, That in case where theboard has not been duly constituted and hasnot promulgated its standards, thestandards set forth in this Act shallapply.


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The Department shall provide the LGUs withtechnical assistance, trainings and acontinuingcapability-building program to prepare themto undertake full administration of the airquality management andregulation withintheir territorial jurisdiction.

SEC. 37. Environmental and NaturalResources Office.- There may be establishedan Environment and NaturalResources Officein every province, city, or municipalitywhich shall be headed by the environmentand naturalresources officer and shall beappointed by the Chief Executive of everyprovince, city or municipality inaccordancewith the provisions of Section 484 ofRepublic Act No. 7160. Its powers andduties, among others,are:

a) To prepare comprehensive air quality management programs, plans andstrategies within the limits setforth in Republic act. No. 7160 and this Act which shall be implemented withinits territorial jurisdiction upon

the approval of the sanggunian;b) To provide technical assistance andsupport to the governor or mayor, asthe case may be, in carrying


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outmeasures to ensure the delivery of basic services and the provision ofadequate facilities relative to airquality;

c) To take the lead in all effortsconcerning air quality protection andrehabilitation;

d) To recommend to the Board airquality standards which shall notexceed the maximum permissible standardsset by rational laws;

e) To coordinate with other governmentagencies and non-governmentalorganizations in the implementation of measures to prevent and control airpollution; and

f) Exercise such other powers and perform such duties and functions asmay be prescribed by law orordinance:Provided, however, That in provinces/cities/municipalities wherethere are no environment andnaturalresources officers, the local executive

concerned may designate any of hisofficial and/or chief ofoffice preferably the provincial, cityor municipal agriculturist, or any ofhis employee: Provided, finally, Thatin case an employee is designated as


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such, he must have sufficientexperience in environmental and naturalresources management, conservation andutilization.

SEC. 38. Record-keeping, Inspection, Monitoring and Entry by the Department.-The Department or its dulyaccredited entityshall, after proper consultation andnotice, require any person who owns oroperates anyemissions source or who issubject to any requirement of this Act to:(a) establish and maintain

relevant records;(b) make relevant reports;

(c) install, use and maintainmonitoring equipment or methods;

(d) sample emission, in accordance withthe methods, locations, intervals andmanner prescribed by the Department;

(e)keep records on control equipment parameters, production variables orother indirect data whendirect monitoring of emissions isimpractical; and

(f) provide such other information asthe Department may reasonably require.


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Pursuant to this Act, the Department,through its authorized representatives,shall have the right of:

(a) entry or access to any premisesincluding documents and relevantmaterials as referred to in the hereinprecedingparagraph;(b) inspect any pollution or wastesource, control device, monitoringequipment or method required;and

(c) test any emission.

Any record, report or information obtainedunder this section shall be made availableto the public, exceptupon a satisfactoryshowing to the Department by the entity

concerned that the record, report orinformation, or parts thereof, if made public, would divulge secret methods or processes entitled to protection asintellectualproperty. Such record, reportor information shall likewise beincorporated in the Departments industrialrating system.SEC. 39. Public Education and InformationCampaign.- A continuing air qualityinformation and educationcampaign shallpromoted by the Department, the Departmentof Education, Culture and Sports (DECS),


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theDepartment of the Interior and LocalGovernment (DILG), the Department of Agriculture (DA) and thePhilippineInformation Agency (PIA).Consistent with Sec. 7 of this Act, suchcampaign shall encourage the participationof other government agencies and the private sector including NGOs, POs, theacademe, environmental groups and other private entities in a multi-sectoralinformation campaign.

Chapter 5Actions

SEC. 40. 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 proceedingsagainst any person who violates:

(a) Standards or limitation providedunder this Act; or

(b) Any order, rule or regulation

issued by the Department with respectto such standard or limitation.

SEC. 41. Citizen Suits.- For purposes ofenforcing the provisions of this Act or itsimplementing rules andregulations, any


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citizen may file an appropriate civil,criminal or administrative action in theproper courtsagainst:

(a) Any person who violates or fails tocomply with the provisions of this Actor its implementing rulesand regulations; or(b) The Department or otherimplementing agencies with respect toorders, rules and regulations

issuedinconsistent with this Act;and/or

(c) Any public officer who willfully orgrossly neglects the performance of anact specifically enjoined as a dutybythis Act or its implementing rules andregulations; or abuses his authority in

the performance of his duty; or, in anymanner, improperly performs his dutiesunder this Act or its implementingrules and regulations: Provided,however, That no suit can be fileduntil thirty-day (30) notice has beentaken thereon.

The court shall exempt such action from the payment of filing fees, except fees foractions not capable ofpecuniaryestimations, and shall likewise, upon primafacie showing of the non-enforcement or


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violationcomplained of, exempt theplaintiff from the filing of an injunction bond for the issuance of apreliminaryinjunction.Within thirty (30) days, the court shall make a determination if the compliantherein is malicious and/or baseless andshall accordingly dismiss the action andaward attorneys fees and damages.

SEC. 42. Independence of Action.- Thefiling of an administrative suit againstsuch person/entity does not preclude theright of any other person to file anycriminal or civil action. Such civil actionshall proceedindependently.SEC. 43. Suits and Strategic Legal Actions

Against Public Participation and theEnforcement of This Act.- Where a suit is brought against a person who filed anaction as provided in Sec. 41 of this Act,or against any person, institution orgovernment agency that implements this Act,it shall be the duty of theinvestigating prosecutor or the court, asthe case may be, to immediately make adetermination not exceeding thirty(30) days whether said legal action has been filed to harass, vex, exert unduepressure or stifle such legal recourses of


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the person complaining of or enforcing theprovisions of this Act. Upon determinationthereof, evidence warranting the same, thecourt shall dismiss the case and awardattorneys fees and double damages.This provision shall also apply and benefit public officers who are sued for actscommitted in their officialcapacity, theirbeing no grave abuse of authority, and donein the course of enforcing this Act.

SEC. 44. Lien Upon Personal and ImmovableProperties of Violators.- Fines andpenalties imposed pursuant tothis Act shall be liens upon personal or immovable properties of the violator. Such lienshall, in case of insolvency of therespondent violator, enjoy preference to

laborers wages under Articles 2241 and2242 of Republic Act No. 386, otherwiseknown as the New Civil Code of thePhilippines.

Chapter 6Fines and Penalties

SEC. 45. Violation of Standards forStationary Sources.- For actual exceedanceof any pollution or air qualitystandardsunder this Act or its rules andregulations, the Department, through thePollution Adjudication Board (PAB), shall


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impose a fine of not more than One hundredthousand pesos (P100,000.00) for every dayofviolation against the owner or operatorof a stationary source until such time thatthe standards have beencomplied with.For purposes of the application of thefines, the PAB shall prepare a fine ratingsystem to adjust the maximumfine based onthe violators ability to pay, degree ofwillfulness, degree of negligence, history

of non-complianceand degree ofrecalcitrance: Provided, That in case of

negligence, the first time offendersability to pay may likewise be considered by the Pollution Adjudication Board:Provided, further, That in the absence ofany extenuating or aggravatingcircumstances, the amount of fine for

negligence shall be equivalent to one-halfofthe fine for willful violation.

The fines herein prescribed shall beincreased by at least ten percent (10%),every three (3) years tocompensate forinflation and to maintain the deterrentfunction of such fines.

In addition to the fines, the PAB shallorder closure, suspension of development,construction, or operations of the


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stationary sources until such time thatproper environmental safeguards are put in place: Provided, That an establishmentliable for a third offense shall suffer permanent closure immediately. Thisparagraph shall bewithout prejudice to theimmediate issuance of an ex parte order forsuch closure, suspension of development orconstruction, or cessation of operationsduring the pendency of the case uponprimafacie evidence that their is imminentthreat to life, public health, safety orgeneral welfare, or to plant or animallife, or wheneverthere is an exceedance ofthe emission standards set by theDepartment and/or the Board and/orthe appropriate LGU.SEC. 46. Violation of Standards for Motor

Vehicles.- No motor vehicle shall beregistered with the DOTC unlessit meets theemission standards set by the Department asprovided in Sec. 21 hereof.

Any vehicle suspected of violation ofemission standards through visual signs,such as, but not limited tosmoke-belching,shall be subjected to an emission test by aduly authorized emission testing center.For thispurpose, the DOTC or its authorizedtesting center shall establish a roadsideinspection system. Should it beshown that


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there was no violation of emissionstandards, the vehicle shall be immediatelyreleased. Otherwise,a testing resultindicating an exceedance of the emissionstandards would warrant the continuingcustody of the impounded vehicle unless theappropriate penalties are fully paid, andthe license plate is surrendered tothe DOTC pending the fulfillment of theundertaking by the owner/operator of themotor vehicle to make thenecessary repairsso as to comply with the standards. A passshall herein be issued by the DOTC toauthorizethe use of the motor vehiclewithin a specified period that shall notexceed seven (7) days for the solepurpose of making the necessary repairs onthe said vehicle. The owner/operator of the vehicle shall be required to correct itsdefects and show proof of compliance to theappropriate pollution control office beforethe vehicle can be allowed to be driven onany public or subdivision roads.

In addition, the driver and operator of theapprehended vehicle shall undergo a seminar

on pollution controlmanagement conducted bythe DOTC and shall also suffer the

following penalties:

a) First Offense - a fine not to exceedTwo Thousand Pesos (P2,000.00);


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b) Second Offense - a fine not lessthan Two Thousand Pesos (P2,000.00) andnot to exceed FourThousand Pesos (P4,000.00); and

c) Third offense - one (1) yearsuspension of the Motor VehicleRegistration (MVR) and a fine of notless than Four Thousand Pesos(P4,000.00) and not more than Sixthousand pesos (P6,000.00).

Any violation of the provisions of Sec. 21 paragraph (d) with regard to nationalinspection and maintenanceprogram,including technicians and facilitycompliance shall penalized with a fine ofnot less than ThirtyThousand Pesos(P30,000.00) or cancellation of license of

both the technician and the center, orboth, asdetermined by the DTI.All law enforcement officials and deputizedagents accredited to conduct vehicleemissions testing andapprehensions shallundergo a mandatory training on emissionstandards and regulations. For this

purpose, the Department, together with theDOTC, DTI, DOST, Philippine National Police(PNP) and other concerned agencies and private entities shall design a trainingprogram.


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SEC. 47. Fines and Penalties for Violationsof Other Provisions in the Act.- Forviolations of all other provisionsprovidedin this Act and of the rules andregulations thereof, a fine of not lessthan Ten thousand pesos (P10,000) but not more than One Hundred thousand Pesos(P100,000) or six (6) months to six (6)yearsimprisonment or both shall be imposed.If the offender is a juridical person, the president, manager, directors, trustees,the pollution control officer or theofficials directly in charge of theoperations shall suffer the penalty hereinprovided.

SEC. 48. Gross Violations.- In case ofgross violation of this Act or itsimplementing rules and regulations, the PABshall recommend to the proper governmentagencies to file the appropriate criminalcharges against theviolators. The PAB shallassist the public prosecutor in thelitigation of the case. Gross violationshall mean:

[a] three (3) or more specific offenseswithin a period of one (1) year;

[b] three (3) or more specific offenseswiththree (3) consecutive years;


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[c] blatant disregard of the orders ofthe PAB, such s but not limited to thebreaking of seal, padlocks and othersimilar devices, or operation despitethe existence of an order forclosure, discontinuance or cessation ofoperation; and

[d] irreparable or grave damage to theenvironment as a consequence of anyviolation of the provisions of this Act.

Offenders shall be punished withimprisonment of not less than six (6) yearsbut not more than ten (10) yearsat thediscretion of the court. If the offender isa juridical person, the president, manager,directors, trustees, thepollution controlofficer or the officials directly in charge

of the operations shall suffer the penaltyhereinprovided.

Chapter 7Final Provisions

SEC. 49. Potential Loss or Shifts ofEmployment.- The Secretary of Labor ishereby authorized to establish

acompensation, retraining and relocationprogram to assist workers laid off due to acompanys compliance withthe provisions ofthis Act.


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SEC. 50.Appropriations.- An amount ofSeven Hundred Fifty Million Pesos(P750,000,000.00) shall beappropriated forthe initial implementation of this Act, ofwhich, the amount of Three Hundred MillionPesos(P300,000,000.00) shall beappropriated to the Department; Two HundredMillion Pesos (P200,000,000.00) to the DTI;One Hundred Fifty Million Pesos(P150,000,000.00) to the DOTC; and OneHundred Million Pesos (P100,000,000.00) tothe DOE.

Thereafter, the amount necessary toeffectively carry out the provisions ofthis Act shall be included in theGeneralAppropriations Act.

SEC. 51. Implementing Rules and

Regulations.- The Department, incoordination with the CommitteesonEnvironment and Ecology of the Senate andHouse of Representatives, respectively andother agencies, shall promulgate theimplementing rules and regulations for this Act, within one (1) year after theenactment of thisAct: Provided, That rulesand regulations issued by other governmentagencies and instrumentalities forthe prevention and/or abatement of pollution not inconsistent with this Actshall supplement the rules andregulations


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issued by the Department pursuant to theprovisions of this Act.

SEC. 52. Report to Congress.- The

Department shall report to Congress, notlater than March 30 of every yearfollowingthe approval of this Act, the progress ofthe pollution control efforts and make thenecessaryrecommendations in areas wherethere is need for legislative action.

SEC. 53. Joint Congressional OversightCommittee.- There is hereby created a jointcongressional oversightcommittee to monitorthe implementation of this Act. Thecommittee shall be composed of five (5)senators and five (5) representatives to beappointed by the Senate President and theSpeaker of the House of

Representatives, respectively, theoversight committee shall be co-chaired bya senator and a representative designatedby the Senate President and the Speaker ofthe House of Representatives, respectively.

The mandate given to the jointcongressional oversight committee under

this Act shall be without prejudice totheperformance of the duties and functions bythe respective existing oversightcommittees of the Senate andthe House ofRepresentatives.


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SEC. 54. Separability of Provisions.- Ifany provision of this Act or theapplication of such provision to anyperson or circumstances is declaredunconstitutional, the remainder of the Actor the application of such provisionto other person or circumstances shall notbe affected by such declaration.

SEC. 55. Repealing Clause.- PresidentialDecree No. 1181 is hereby repealed.

Presidential Decrees Nos.1152, 1586 andPresidential Decree No. 984 are partly

modified. All other laws, orders, issuance,rules andregulations inconsistent herewithare hereby repealed or modifiedaccordingly.

SEC. 56. Effectivity.- This Act shall take

effect fifteen (15) days from the date ofits publication in the Official Gazette orin at least two (2) newspapers of generalcirculation.

04 - RA 8749 - Philippine Clean Air Act

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