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REPUBLIC OF THE PHILIPPINES
CONGRESS OF THE PHILIPPINES S. No. 1255
First Regular Session }^ H. No. 6216
REPUBLIC ACT NO. 8749
AN ACT PROVIDING FOR A COMPREHENSIVE AIR
POLLUTION CONTROL POLICY AND FOR OTHER
PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: CHAPTER I GENERAL PROVISIONS ARTICLE ONE BASIC AIR QUALITY POLICIES
SECTION 1. Short Title. – This Act shall be known as the "Philippine Clean Air Act of 1999."
SEC. 2. Declaration of Principles. – The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.
The State shall promote and protect the global environment to attain sustainable development while recognizing the primary responsibility of local government units to deal with environmental problems.
The State recognizes that the responsibility of cleaning the habitat and environment is primarily area-based.
The State also recognizes the principle that "polluters must pay."
Finally, the State recognizes that a clean and healthy environment is for the good of all and should therefore be the concern of all.
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SEC. 3. Declaration of Policies. – The State shall pursue a policy of balancing development and environmental protection. To achieve this end, the framework for sustainable development shall be pursued. It shall be the policy of the State to:
(a) Formulate a holistic national program of air pollution management that shall be implemented by the government through proper delegation and effective coordination of functions and activities;
(b) Encourage cooperation and self-regulation among citizens and industries through the application of market-based instruments;
(c) Focus primarily on pollution prevention rather than on control and provide for a comprehensive management program for air pollution;
(d) Promote public information and education and to encourage the participation of an informed and active public in air quality planning and monitoring; and
(e) Formulate and enforce a system of accountability for short and long-term adverse environmental impact of a project, program or activity. This shall include the setting up of a funding or guarantee mechanism for clean-up and environmental rehabilitation and compensation for personal damages.
SEC. 4. Recognition of Rights. – Pursuant to the above- declared principles, the following rights of citizens are hereby sought to be recognized and the State shall seek to guarantee their enjoyment:
(a) The right to breathe clean air;
(b) The right to utilize and enjoy all natural resources according to the principle of sustainable development;
(b) "Air pollution" means any alteration of the physical, chemical and biological properties of the atmospheric air, or any discharge thereto of any liquid, gaseous or solid substances that will or is likely to create or to render the air resources of the country harmful, detrimental, or injurious to public health, safety or welfare or which will adversely affect their utilization for domestic, commercial, industrial, agricultural, recreational, or other legitimate purposes;
(c) "Ambient air quality guideline values" mean the concentration of air over specified periods classified as short-term and long-term which are intended to serve as goals or objectives for the protection of health and/or public welfare. These values shall be used for air quality management purposes such as determining time trends, evaluating stages of deterioration or enhancement of the air quality, and in general, used as basis for taking positive action in preventing, controlling, or abating air pollution;
(d) "Ambient air quality" means the general amount of pollution present in a broad area; and refers to the atmosphere's average purity as distinguished from discharge measurements taken at the source of pollution;
(e) "Certificate of Conformity" means a certificate issued by the Department of Environment and Natural Resources to a vehicle manufacturer/assembler or importer certifying that a particular new vehicle or vehicle type meets the requirements provided under this Act and its rules and regulations;
(f) "Department" means the Department of Environment and Natural Resources;
(g) "Eco-profile" means the geographic-based instrument for planners and decision-makers which present an evaluation of the environmental quality and carrying capacity of an area. It is the result of the integration of 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 that enable the
Department to anticipate the type of development control necessary in the planning area;
(h) "Emission" means any air contaminant, pollutant, gas stream or unwanted sound from a known source which is passed into the atmosphere;
(i) "Greenhouse gases" mean those gases that can potentially or can reasonably be expected to induce global warming, which include carbon dioxide, methane, oxides of nitrogen, chlorofluorocarbons, and the like;
(j) "Hazardous substances" mean 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, carcinogenicity (which in some cases result in acute exposure but with a long latent period), resistance to detoxification process such as biodegradation, the potential to pollute underground or surface waters;
(k) "Infectious waste" means that portion of medical waste that could transmit an infectious disease;
(l) "Medical waste" means the materials generated as a result of patient diagnosis, treatment, or immunization of human beings or animals;
(m) "Mobile source" means any vehicle propelled by or through combustion of carbon-based or other fuel, constructed and operated principally for the conveyance of persons or the transportation of property or goods;
(n) "Motor vehicle" means any vehicle propelled by a gasoline or diesel engine or by any means other than human or animal power, constructed and operated principally for the conveyance of persons or the transportation of property or goods in a public highway or street open to public use;
(u) "Pollution control device" means any device or apparatus used to prevent, control or abate the pollution of air caused by emissions from identified pollution sources at levels within the air pollution control standards established by the Department;
(v) "Pollution control technology" means the pollution control devices, production processes, fuel combustion processes or other means that effectively prevent or reduce emissions or effluent;
(w) "Standard of performance" means a standard for emissions of air pollutant which reflects the degree of emission limitation achievable through the application of the best system of emission reduction, taking into account the cost of achieving such reduction and any non-air quality health and environmental impact and energy requirement which the Department determines, and adequately demonstrates; and
(x) "Stationary source" means any building or immobile structure, facility or installation which emits or may emit any air pollutant.
CHAPTER 2
AIR QUALITY MANAGEMENT SYSTEM
ARTICLE ONE
GENERAL PROVISIONS
SEC. 6. Air Quality Monitoring and Information Network.
- The Department shall prepare an annual National Air Quality Status Report which shall be used as the basis in formulating the Integrated Air Quality Improvement Framework, as provided for in Section 7. The said report shall include, but shall not be limited to the following:
(a) Extent of pollution in the country, per type of pollutant and per type of source, based on reports of the Department's monitoring stations;
(b) Analysis and evaluation of the current state, trends and projections of air pollution at the various levels provided herein;
(c) Identification of critical areas, activities, or projects which will need closer monitoring or regulation;
(d) Recommendations for necessary executive and legislative action; and
(e) Other pertinent qualitative and quantitative information concerning the extent of air pollution and the air quality performance rating of industries in the country.
The Department, in cooperation with the National Statistical Coordination Board (NSCB), shall design and develop an information network for data storage, retrieval and exchange.
The Department shall serve as the central depository of all data and information related to air quality.
SEC. 7. Integrated Air Quality Improvement Framework.
- The Department shall, within six (6) months after the effectivity of this Act, establish, with the participation of LGUs, NGOs, POs, the academe and other concerned entities from the private sector, formulate and implement the Integrated Air Quality Improvement Framework for a comprehensive air pollution management and control program. The framework shall, among others, prescribe the emission reduction goals using permissible standards, control strategies and control measures to be undertaken within a specified time period, including cost-effective use of economic incentives, management strategies, collective action, and environmental education and information.
The Integrated Air Quality Improvement Framework shall be adopted as the official blueprint with which all government agencies must comply with to attain and maintain ambient air quality standards.
SEC. 8. Air Quality Control Action Plan. – Within six (6) months after the formulation of the framework, the Department shall, with public participation, formulate and implement an air quality control action plan consistent with Section 7 of this Act. The action plan shall:
In addition to direct regulations, the plan shall be characterized by a participatory approach to the pollution problem. The involvement of private entities in the monitoring and testing of emissions from mobile and/or stationary sources shall be considered.
Likewise, the LGUs, with the assistance from the Department, shall prepare and develop an action plan consistent with the Integrated Air Quality Improvement Framework to attain and maintain the ambient air quality standards within their respective airsheds as provided in Section 9 hereof.
The local government units shall develop and submit to the Department a procedure for carrying out the action plan for their jurisdiction. The Department, however, shall maintain its authority to independently inspect the enforcement procedure adopted. The Department shall have the power to closely supervise all or parts of the air quality action plan until such time the local government unit concerned can assume the function to enforce the standards set by the Department.
A multi-sectoral monitoring team with broad public representation shall be convened by the Department for each LGU to conduct periodic inspections of air pollution sources to assess compliance with the emission limitations contained in their permits.
SEC. 9. Airsheds. – Pursuant to Section 8 of this Act, the designation of airsheds shall be on the basis of, but not limited to areas with similar climate, meteorology and topology which affect the interchange and diffusion of pollutants in the atmosphere, or areas which share common interest or face similar development programs, prospects or problems.
For a more effective air quality management, a system of planning and coordination shall be established and a common action plan shall be formulated for each airshed.
To effectively carry out the formulated action plans, a Governing Board is hereby created, hereinafter referred to as the Board.
The Board shall be headed by the Secretary of the Department of Environment and Natural Resources as chairman. The members shall be as follows:
(a) Provincial Governors from areas belonging to the airshed;
(b) City/Municipal Mayors from areas belonging to the airshed;
(c) A representative from each concerned government agency;
(d) Representatives from people's organizations;
(e) Representatives from nongovernment organizations; and
(f) Representatives from the private sector.
The Board shall perform the following functions:
(a) Formulation of policies;
(b) Preparation of a common action plan;
(c) Coordination of functions among its members; and
(d) Submission and publication of an annual Air Quality Status Report for each airshed.
Upon consultation with appropriate local government authorities, the Department shall, from time to time, revise the designation of airsheds utilizing eco-profiling techniques and undertaking scientific studies.
Emissions trading may be allowed among pollution sources within an airshed.
reduction benefits, and environmental impact or the emission control technology.
The issuance of air quality guideline values, standards and information on air quality control techniques shall be made available to the general public: Provided, That the issuance of information on air quality control techniques shall not be construed as requiring the purchase of certain pollution control devices by the public.
SEC. 12. Ambient Air Quality Guideline Values and Standards. – The Department, in coordination with other concerned agencies, shall review and/or revise and publish annually a list of hazardous air pollutants with corresponding ambient guideline values and/or standard necessary to protect public health and safety, and general welfare. The initial list and values of the hazardous air pollutants shall be as follows:
(a) For National Ambient Air Quality Guideline for Criteria Pollutants:
Short Terma^ Long Termb Pollutants μg/Ncm ppm Averaging μg/Ncm ppm Averaging Time Time Suspended Particulate Matterc – TSP 230 d^ 24 hours 90 - - 1 yeare
- PM-10 150 f^ 24 hours 60 - - 1 yeare Sulfur Dioxidec^180 0.07 24 hours 80 0.03 1 year Nitrogen Dioxide 150 0.08 24 hours - - - - - - Photochemical Oxidants 140 0.07 1 hour - - - - - - As Ozone 60 0.03 8 hours - - - - - - Carbon Monoxide 35 mg/Ncm 30 1 hour - - - - - - 10 mg/Ncm 9 8 hours - - - - - - Leadg^ 1.5 - - 3 monthsg^ 1.0 - - 1 year
a (^) Maximum limits represented by ninety-eight percentile (98%) values not to exceed more than once a year. b (^) Arithmetic mean c (^) SO 2 and Suspended Particulate matter are sampled once every six days when using the manual methods. A minimum of twelve sampling days per quarter or forty-eight sampling days each year is required for these methods. Daily sampling may be done in the future once continuous analyses are procured and become available.
d (^) Limits for Total Suspended Particulate Matter with mass median diameter less that 25-50 μm. e (^) Annual Geometric Mean f (^) Provisional limits for Suspended Particulate Matter with mass median diameter less than 10 microns and below until sufficient monitoring data are gathered to base a proper guideline. g (^) Evaluation of this guideline is carried out for 24-hour averaging time and averaged over three moving calendar months. The monitored average value for any three months shall not exceed the guideline value.
(b) For National Ambient Air Quality Standards for Source Specific Air Pollutants from Industrial Sources/Operations:
Pollutants^1 Concentration^2 Averaging Methods of Analysis/ μg/Ncm ppm time (min) Measurement^3
- Ammonia 200 0.28 30 Nesslerization/Indo Phenol
- Carbon Disulfide 30 0.01 30 Tisher Method
- Chlorine and Chlorine compounds expressed as Cl 2 100 0.03 5 Methyl Orange
- Formaldehyde 50 0.04 30 Chromotropic acid Method or MBTH Colorimetic Method
- Hydrogen Chloride 200 0.13 30 Volhard Titration with Iodine Solution
- Hydrogen Sulfide 100 0.07 30 Methylene Blue
- Lead 20 30 AASc
- Nitrogen Dioxide 375 0.20 30 Greiss-Saltzman 260 0.14 60
- Phenol 100 0.03 30 4-Aminoustiphyline
- Sulfur Dioxide 470 0.18 30 Colorometric- 340 0.13 60 Pararosaniline
- Suspended Particulate Matter --TSP 300 -- 30 Garvimetric --PM10 200 -- 60 -do-
(^1) Pertinent ambient standards for Antimony, Arsenic, Cadmium, Asbestos, Nitric Acid and Sulfuric Acid Mists in the 1978 NPCC Rules and Regulations may be considered as guides in determining compliance. (^2) Ninety-eight percentile (98%) values of 30-minute sampling measured at 25ºC and one atmosphere pressure. (^3) Other equivalent methods approved by the department may be used.
ecosystems and rehabilitate areas affected by the acts of violators of this Act, to support research, enforcement and monitoring activities and capabilities of the relevant agencies, as well as to provide technical assistance to the relevant agencies. Such fund may likewise be allocated per airshed for the undertakings herein stated.
The Fund shall be sourced from the fines imposed and damages awarded to the Republic of the Philippines by the Pollution Adjudication Board (PAB), proceeds of licenses and permits issued by the Department under this Act, emission fees and from donations, endowments and grants in the forms of contributions. Contributions to the Fund shall be exempted from donor taxes and all other taxes, charges or fees imposed by the Government.
SEC. 15. Air Pollution Research and Development Program. – The Department, in coordination with the Department of Science and Technology (DOST), other agencies, the private sector, the academe, NGOs and POs, shall establish a National Research and Development Program for the prevention and control of air pollution. The Department shall give special emphasis to research on and the development of improved methods having industry-wide application for the prevention and control of air pollution.
Such a research and development program shall develop air quality guideline values and standards in addition to internationally-accepted standards. It shall also consider the socio- cultural, political and economic implications of air quality management and pollution control.
ARTICLE TWO
AIR POLLUTION CLEARANCES AND PERMITS FOR
STATIONARY SOURCES
SEC. 16. Permits. – Consistent with the provisions of this Act, the Department shall have the authority to issue permits as it may determine necessary for the prevention and abatement of air pollution.
Said permits shall cover emission limitations for the regulated air pollutants to help attain and maintain the ambient air quality standards. These permits shall serve as management tools for the LGUs in the development of their action plan.
SEC. 17. Emission Quotas. – The Department may allow each regional industrial center that is designated as special airshed to allocate emission quotas to pollution sources within its jurisdiction that qualify under an environmental impact assessment system programmatic compliance program pursuant to the implementing rules and regulations of Presidential Decree No. 1586.
SEC. 18. Financial Liability for Environmental Rehabilitation. – As part of the environmental management plan attached to the environmental compliance certificate pursuant to Presidential Decree No. 1586 and rules and regulations set therefor, the Department shall require program and project proponents to put up financial guarantee mechanisms to finance the needs for emergency response, clean-up or rehabilitation of areas that may be damaged during the program or project's actual implementation. Liability for damages shall continue even after the termination of a program or project, where such damages are clearly attributable to that program or project and for a definite period to be determined by the Department and incorporated into the environmental compliance certificate.
Financial liability instruments may be in the form of a trust fund, environmental insurance, surety bonds, letters of credit, as well as self-insurance. The choice of the guarantee instrument or combinations thereof shall depend, among others, on the assessment of the risks involved. Proponents required to put up guarantee instruments shall furnish the Department with evidence of availment of such instruments.
ARTICLE THREE
POLLUTION FROM STATIONARY SOURCES
SEC. 19. Pollution From Stationary Sources. – The Department shall, within two (2) years from the effectivity of this Act, and every two (2) years thereafter, review, or as the need
- Nickel and its Any source 20 as Ni AASb compounds, except Nickel Carbonylf
- NOx i) Manufacture of 2,000 as acid Phenol-disulfonic Nitric Acid and NOx and acid Method calculated as NO 2 ii) Fuel burning Phenol-disulfonic steam generators acid Method Existing Source 1,500 as NO 2 New Source
- Coal-fired 1,000 as NO 2
- Oil-fired 500 as NO 2 iii) Any source Phenol-disulfonic other than (i) and (ii) Existing Source 1,000 as NO 2 New Source 500 as NO 2
- Phosphorus Any source 200 as P 2 O 5 Spectrophoto- Fentoxide metry
- Zinc and its Any source 100 as Zn AASb compounds a (^) Other equivalent methods approved by the Department may be used. b (^) Atomic Absorption Spectrophometry c (^) All new geothermal power plants starting construction by 01 January 1995 shall control HsS emissions to not more than 150g/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 efectivity of these revised regulations. e (^) Best practicable control technology for air emissions and liquid discharges. Compliance with air and water quality standards is required. f (^) Emission limit of Nickel Carbonyl shall not exceed 0.5 mg/Ncm. g (^) Provisional Guideline
Provided, That the maximum limits in mg/Ncm particulates in said sources shall be:
- Fuel burning Equipment (a) Urban or Industrial Area 150 mg/Ncm (b) Other Area 200 mg/Ncm
- Cement Plants (Kilns, etc.) 150 mg/Ncm
- Smelting Furnaces 150 mg/Ncm
- Other Stationary Sourcesa^ 200 mg/Ncm
a (^) Other Stationary Sources means a trade, process, industrial plant, or fuel burning equipment other than thermal power plants, industrial boilers, cement plants, incinerators and smelting furnaces
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 2.0 gm. Ncm as SO 3 (ii) Fuel Burning Equipment 1.5 gm. Ncm as SO 2 (iii) Other Stationary Sourcesa^ 1.0 gm. Ncm as SO 3
(2) New Sources (i) Manufacture of Sulfuric Acid and Sulf(on)ation Process 1.5 gm. Ncm as SO 3 (ii) Fuel Burning Equipment 0.7 gm. Ncm as SO 2 (iii) Other Stationary Sourcesa^ 0.2 gm. Ncm as SO 3
a (^) Other Stationary Sources refer to existing and new stationary sources other than those caused by the manufacture of sulfuric acid and sulfonation process, fuel burning equipment and incineration.
For stationary sources of pollution not specifically included in the immediately preceding paragraph, the following emission standards shall not be exceeded in the exhaust gas:
I. Daily And Half Hourly Average Values Daily Average Half Hourly Values Average Values
Total dust 10 mg/m^3 30 mg/m^3 Gaseous and vaporous organic substances, expressed as total organic carbon 10 mg/m^3 20 mg/m^3 Hydrogen chloride (HCl) 10 mg/m^3 60 mg/m^3 Hydrogen fluoride (HF) 1 mg/m^3 4 mg/m^3 Sulphur dioxide (SO 2 ) 50 mg/m^3 200 mg/m^3 Nitrogen monoxide (NO) and nitrogen dioxide (NO 2 ), expressed as nitrogen dioxide for incineration plants with a capacity exceeding 3 tonnes per hour 200 mg/m^3 400 mg/m^3
