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DENR ADMINISTRATIVE ORDER NO. 2000 - 81
Series of 2000
Subject : IMPLEMENTING RULES AND REGULATIONS FOR RA 8749
Pursuant to the provisions of Section 51 of Republic Act No. 8749, otherwise known as the “Philippine Clean Air Act of 1999,” and by virtue of Executive Order No. 192, Series of 1987, the Department of Environment and Natural Resources hereby adopts and promulgates the following rules and regulations:
PART I GENERAL PROVISIONS
RULE I PRELIMINARY PROVISIONS
Section 1. Title
These Rules shall be known and cited as the “Implementing Rules and Regulations of the Philippine Clean Air Act of 1999.”
Section 2. Purpose
The purpose of these Rules is to provide guidelines on the operationalization of the Philippine Clean Air Act of 1999.
Section 3. Scope
These Rules shall lay down the powers and functions of the Department of Environment and Natural Resources, the Department of Transportation and Communication, the Department of Trade and Industry, the Department of Energy and all other concerned agencies, the rights and obligations of stakeholders and the rights and duties of the people with respect to the Air Quality Management and Control Program.
Section 4. Construction
These Implementing Rules and Regulations shall be liberally construed to carry out the national policy of balancing development and environmental protection through the pursuance of the framework of sustainable development. Sustainable development shall refer to development that meets the needs of the present without compromising the ability of future generations to meet their own needs.
RULE II DECLARATION OF STATE POLICY
Section 1. Declaration of Policy
It is the policy of the State to protect and advance the right of people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.
It is also the policy of the State to attain and maintain a balance between development and environmental protection.
Finally, it is the policy of the State to maintain a quality of air that protects human health and welfare.
RULE III AIR QUALITY PRINCIPLES
Section 1. Air Quality Principles
a) The State shall promote and protect the global environment to attain sustainable development while recognizing the primary responsibility of local government units to deal with environmental problems. b) The State recognizes that the responsibility of cleaning the habitat and environment is primarily area-based and that air quality management and control is most effective at the level of airsheds. c) The State recognizes the principle that “polluters must pay” and the important role of economic instruments in air quality management and control. d) The State recognizes that a clean and healthy environment is for the good of all and should therefore be a concern of all.
RULE IV AIR QUALITY POLICI E S
Section 1. Air Quality Policies
It is the policy of the State to: a) Formulate a comprehensive national program of air pollution management that shall be implemented by the government through proper delegation and effective coordination of functions and activities; b) Encourage cooperation and self-regulation among citizens and industries through the application of market-based instruments; c) Focus primarily on pollution prevention rather than on control and provide for a comprehensive management program for air pollution, such as the promotion of non- motorized transport, emphasis on public transport, and travel demand measures; d) Promote public information and education and to encourage the participation of an informed and active public in air quality planning and monitoring; and e) Formulate and enforce a system of accountability for short and long-term adverse environmental impact of a project, program or activity. This shall include the setting up of a funding or guarantee mechanism for clean-up and environmental rehabilitation and compensation for personal damages.
RULE V RIGHTS
Section 1. Recognition of Rights
Pursuant to the above-declared principles, the following rights of citizens are hereby sought to be recognized and the State shall seek to guarantee their enjoyment:
a) The right to breathe clean air; b) The right to utilize and enjoy all natural resources according to the principles of sustainable development; c) The right to participate in the formulation, planning, implementation and monitoring of environmental policies and programs and in the decision-making process;
protection of health and/or public welfare. These values shall be used for air quality management purposes such as determining time trends, evaluating stages of deterioration or enhancement of the air quality. In general, used as a basis for taking positive action in preventing, controlling, or abating health impacts from air pollution;
“Ambient air quality standard” means the concentration of an air pollutant which, in order to protect public health and/or public welfare, shall not be exceeded in the breathing zone, at any time. Standards are enforceable and must be complied with by the owner or person in-charge of an industrial operation, process or trade;
“Authority to Construct” refers to the legal authorization granted by the Bureau to install a new source or modify an existing source.
“Best Available Control Technology” refers to approaches, techniques or equipment which when used, result in lower air emissions but in a cost-effective manner. BACT results in lower emission rates than those specified in the National Emission Standards for Source Specific Air Pollutants
“Bio-medical waste” refers to pathological wastes, pharmaceutical wastes, chemical wastes and sharps defined as follows:
“Pathological wastes” include all human tissue (whether infected or not) such as limbs, organs, fetuses and body fluid; animal carcasses and tissue, together with all related swabs and dressings;
“Pharmaceutical wastes” include pharmaceutical products; drugs and chemicals that have been returned from wards; have been spilled or soiled; are expired or contaminated; or are to be discarded for any reason;
“Chemical wastes” include discarded solid, liquid or gaseous chemicals from laboratories or other sources such as diagnostic work, environmental work, cleaning, housekeeping and disinfecting procedures;
“Sharps” include needles, syringes, scalpels, blades and any other items that could cut or puncture;
“Bureau” refers to the Central Office of the Environmental Management Bureau and its Regional Offices under the Department;
“Cease and Desist Order” refers to the ex parte Order directing the discontinuance of the operation resulting in the emission or discharge of pollutants exceeding the emission standards or whenever such emission or discharge constitutes imminent threat to human, animal or plant life, public health or public safety. Non-compliance with an undertaking or agreement submitted to the Department shall likewise be a ground for issuance of a CDO;
“Certificate of Compliance to Emission Standard” refers to a certificate issued by DOTC to a rebuilt vehicle(s) or second hand vehicle(s) imported into the country based on an inspection by the DOTC MVIS in accordance with the emission standards of these Implementing Rules and Regulations, and as a requirement for initial registration of the subject vehicle(s).
“Certificate of Conformity” refers to the certificate issued by the Department to a vehicle manufacturer/assembler or importer certifying that a particular new vehicle or vehicle type meets the requirements provided under this Act and its Implementing Rules and Regulations;
“Certificate of Emission Compliance” refers to a certificate issued by the DOTC or its authorized emission testing center(s) for a vehicle apprehended during roadside inspection, certifying that the particular vehicle meets the emission requirements of these Implementing Rules and Regulations, and which shall have no validity period.
“Completely Built-up Unit (CBU)” refers to vehicles imported into the country either brand new or used and ready for operation;
“Compliance Plan” refers to a plan submitted to the Bureau for approval which details how an existing stationary air emissions source will be brought into compliance. The owner of the facility must submit the plan within two months of notification of non-compliance by the Bureau. The plan must include a schedule that will be enforceable.
“Compression Ignition Engine” means an internal combustion engine in which atomized fuel temperature is raised through compression, resulting in ignition, e.g. diesel engines;
“Completely Knocked-Down” (CKD) refers to new parts and components and/or engines that are imported in disassembled condition for purposes of assembly. It may include not only parts and components but also sub-assemblies and assemblies, e.g. engines, transmissions, axle assemblies, chassis and body assemblies;
“Conformity of Production” refers to the verification of the production units’ conformity with the requirements of the Clean Air Act and these Implementing Rules and Regulations.
“Continuous Emission Monitoring System” means the total equipment, required under these Implementing Rules and Regulations or as directed by the Bureau, used to sample and condition (if applicable), analyze, and provide a permanent record of emissions or process parameters. Such record shall be the basis of the firm’s compliance with the emission standards. Further, it may be an approved monitoring system for continuously measuring the emission of a pollutant from an affected source or facility and as such, may be used in computing annual emission fees;
“Criteria Pollutants” are air pollutants for which National Ambient Air Quality Guideline Values have been established;
“Department” refers to the Department of Environment and Natural Resources;
“Detoxification process” refers to the process of diminishing or removing the poisonous quality of any substance using chelating agents to prevent or reverse toxicity particularly for those substances (e.g., heavy metals) that are cumulative or persistent in the body;
“Director” means the Director of the Bureau;
“Eco-profile” shall refer to the geographic-based instrument for planners and decision-makers which presents an evaluation of the environmental quality and carrying capacity of an area. It is the result of the integration of various primary and secondary data and information on natural resources and anthropogenic activities on the land which are evaluated by various environmental risk assessment and forecasting methodologies. This will enable the Department to anticipate the type of development control that is necessary in the planning area;
“Emission” means any measurable air contaminant, pollutant, gas stream or unwanted sound from a known source which is passed into the atmosphere;
conforms to the EMS audit criteria set by the organization and for communication of the results of this process to management.
“Episode” means a series of short-term air pollution events that significantly alter the ambient air quality of an affected area;
“Equivalent Method” refers to any technique or procedure for sampling and/or analyzing an air pollutant which has been approved by the Bureau and demonstrated to have a consistent and quantitatively known relationship with the designated standard method.;
“Existing Source” means any source already erected, installed, and in operation; or any source for which construction has been offered for bidding or actual construction has commenced prior to the date of effectivity of these Implementing Rules and Regulations. Any existing source which in the opinion of the Department has undergone a modification after the date of adoption of an applicable rule and regulation, shall be reclassified and considered a new source;
“Governing Board” refers to a multi-sectoral body created under Section 9 of the Act to effectively carry out and implement the air quality action plan of an airshed;
“Greenhouse gases” refers to those gases such as carbon dioxide, methane, and oxides of nitrogen, chlorofluoro-carbons, and the others that can potentially or can reasonably be expected to induce global warming;
“Gross Vehicle Mass or Weight” means the sum of the vehicle mass or weight and the allowable maximum payload as declared by the vehicle manufacturer;
“Guideline” means an official recommendation or guidance on the protection of human beings or receptors in the environment from the adverse effects of air pollutants;
“Hazardous substances” refers to those substances which present either: (1) short-term acute hazards such as acute toxicity by ingestion, inhalation, or skin absorption, corrosivity or other skin or eye contact hazard or the risk of fire explosion; or (2) long-term toxicity upon repeated exposure, including carcinogenicity (which in some cases may result in acute exposure but with a long latent period), resistance to the detoxification process, or the potential to pollute underground or surface waters, whether shipped into the country or generated locally;
“Hazardous wastes” are hazardous substances that are without any safe commercial, industrial, agricultural or economic usage and are shipped, transported or brought from the country of origin for dumping or disposal into or in transit through any part of the territory of the Philippines. Hazardous wastes shall also refer to hazardous substances that are by-products, side-products, process residues, spent reaction media, contaminated plant or equipment or other substances from manufacturing operations, and as consumer discards of manufactured products.
“Imported Used/Second-Hand Vehicle” means any used or second-hand motor vehicle imported and registered in the country of origin;
“Incineration” means the burning of municipal, bio-medical and hazardous wastes which process emits toxic and poisonous fumes;
“Infectious waste” refers to soiled surgical dressings, swabs and other contaminated waste from treatment areas; materials which have been in contact with persons or animals suffering from infectious diseases; cultures and stocks of infectious agents from laboratory work; dialysis equipment; apparatus and disposable gowns, aprons, gloves, towels, etc; waste from dialysis
treatment area; waste from patients in isolation wards; all materials which may contain pathogens in sufficient concentration or quality that exposure to could result in disease;
“Installation” means any structure, equipment, facility or appurtenances thereto, operation of which may be a source of pollution or a means to control the same;
“In-Use Vehicle” means a motor vehicle duly registered with the LTO;
“Light Duty Vehicles” are motor vehicles whose gross vehicle weight is equal to or less than 3,500 kgs, in accordance with the definition contained in Philippine National Standards (PNS)
- This also refers to “Light Commercial Vehicles;”
“Lowest Achievable Emission Rate” refers to any technology or combination of technologies and process controls that result in the lowest possible emissions of a given air pollutant. Cost is not a consideration in determining applicable LAER for a given source; however, technical feasibility is. The technology must be reasonably demonstrated to be appropriate and reliable for each application;
“Mandatory Inspection” refers to the interval between testing and the tests performed, as partial pre-condition for the renewal of registration of in-use motor vehicles;
“Manufacturer or Assembler” means any entity or person who manufactures or assembles motor vehicles, for eventual use in the Philippines;
“Medical waste” means any solid waste that is generated in the diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals;
“Medium/Heavy Duty Vehicles” refers to motor vehicles whose gross vehicle weight is greater than 3,500 kgs, in accordance with the definition contained in PNS 1891;
“Mobile source” means any vehicle/machine propelled by or through oxidation or reduction reactions, including combustion of carbon-based or other fuel, constructed and operated principally for the conveyance of persons or the transportation of property or goods, that emit air pollutants as a reaction product;
“Modification” means any physical change or alteration in the method of operation of an existing source which increases the amount of any air pollutant (to which a standard applies) emitted into the atmosphere by that source, or which results in the emission of any air pollutant (to which a standard applies) into the atmosphere not previously permitted. The following are exempted from the said definition:
Routine maintenance, repair and replacement shall not be considered physical changes if not intended to extend the useful life beyond the equipment manufacturer’s design;
An increase in the production rate provided the facility is permitted to operate at the increased level and such increase does not exceed the designed capacity of the existing source; and
An increase in hours of operation provided that the facility is permitted to operate for the increase in hours.
“Owner” means the person or entity identified as the motor vehicle owner in the motor vehicle registration or by a valid deed of sale;
“Ozone Depleting Substances” (ODS) refers to those substances that significantly deplete or otherwise modify the ozone layer in a manner that is likely to result in adverse effects on human health and the environment such as, but not limited to, chlorofluorocarbons, halons, and the like;
“Particulate Matter” or “Suspended Particulates” means any material, other than uncombined water, which exists in a finely divided form as a liquid or solid; “Passenger Car” refers to a four-wheeled motor vehicle used for the carriage of not more than six passengers including the driver and having a gross vehicle mass not exceeding 2,500 kg in accordance with the defnition contained in PNS 1891.
“Permit” refers to the legal authorization to engage in or conduct any construction, operation, modification or expansion of any installation, operation or activity which will be reasonably expected to be a source of pollution;
“Permittee” refers to the owner, operator or entity who owns, leases, operates, controls or supervises any source, facility, machine or equipment;
“Permit to Operate” refers to the legal authorization granted by the Bureau to operate or maintain any installation for a specified period of time;
“Permit Condition” refers to a statement or stipulation issued with a permit, compliance with which is necessary for continued validity of the permit;
“Persistent Organic Pollutants” (POPs) means organic compounds that persist in the environment, bio-accumulate through the food web, and pose a risk of causing adverse effects to human health and the environment. These compounds resist photolytic, chemical and biological degradation, and include but are not limited to dioxin, furan, Polychlorinated Biphenyls (PCBs), organochlorine pesticides, such as aldrin, dieldrin, DDT, hexachlorobenzene, lindane, toxaphene and chlordane;
“Poisonous and toxic fumes” means any emission and fumes which do not conform to internationally-accepted standards, including but not limited to, World Health Organization (WHO) guideline values;
“Pollution control device” refers to any device or apparatus that is used to prevent, control, or abate the pollution of air caused by emissions from identified sources at levels within the air pollution standards established by the Department;
“Pollution control technology” refers to pollution control devices, production processes, fuel combustion processes or other means that effectively prevent or reduce emissions or effluents;
“Potential to emit” refers to the annual mass emissions that would result from a source when operating 8,760 hours per year. Actual emissions are based on the actual hours of operation per year;
“Rebuilt Motor Vehicle” means a locally assembled vehicle using new or used engine, major parts or components;
“Reference Mass or Weight” means the mass or weight of the vehicle in running order with a full fuel tank and including the set of tools and spare wheel, plus 100 kilograms but does not include the mass or weight of the passengers and driver;
“Regional Director” means the Regional Director of any Regional Office;
“Regional Office” means one of the Regional Offices of the Bureau;
“Ringelmann Chart” means the chart described in the U.S. Bureau of Mines, Information Circular No. 8333 and No. 7718, and used for measuring smoke opacity;
“Siga” means the traditional small scale method of burning of wastes resulting from cleaning the backyard such as fallen leaves, twigs, stems, and other similar matter from plants and trees in the backyard where the burning is done;
“Smoke Opacity Meter (or Opacimeter)” means an instrument which determines the smoke opacity in exhaust gases emitted by the engine system.
“Spark-Ignition Engine” means an internal combustion engine in which the air/fuel mixture is ignited by a spark plug, e.g., a gasoline engine;
“Standard of performance” means a standard for emission of air pollutants which reflects the degree of emission limitation achievable through the application of the best system of emission reduction, taking into account the cost of achieving such reduction and any non-air quality health and environment impact and energy requirement as determined by the Department through the Bureau;
“Stationary source” refers to any building or fixed structure, facility or installation that emits or may emit any air pollutant;
“Type Approval” refers to the official ratification of the compliance of a vehicle type with applicable national or international regulations;
“Useful Life of Vehicles and Engines” refers to the period of time a vehicle and/or engine can be used, and meet standards of road worthiness and engine emissions;
“Vehicle Type” means a category of power-driven vehicles which do not differ in such essentials as reference mass or weight, engine type, number of cylinders, body configuration, manner of transmission, fuel used and similar characteristics;
USEPA 40 CFR, Part 50, Appendix J Sulfur Dioxide - Gas Bubbler and Pararosaniline Method (West and Gaeke Method), or Flame Photometric Detector, USEPA 40CFR, Part 50, Appendix A Nitrogen Dioxide - Gas Bubbler Griess-Saltzman, or Chemiluminescence Method, USEPA 40 CFR, Part 50, Appendix F Ozone - Neutral Buffer Potassium Iodide (NBKI), or Chemiluminescence Method, USEPA 40 CFR, Part 50, Appendix D Carbon Monoxide - Non-dispersive Infra-red Spectrophotometry (NDIR), USEPA 40 CFR, Part 50, Appendix C Lead - High Volume and Atomic Absorption Spectrophotometry, USEPA 40 CFR, Part 50, Appendix G
(c) An analyzer based on the principles and methods cited above will be considered a reference method only if it has been designated as a reference method in accordance with 40 CFR, Part 53. (d) Other equivalent methods approved by the Bureau may be adopted.
Section 2. Review of Air Quality Guideline Values
The Department through the Bureau shall, on a routine basis, in coordination with other concerned agencies and programs such as the National Research and Development Program for the Prevention and Control of Air Pollution, review the list of Hazardous Air Pollutants and Guideline Values and recommend to the Secretary of the Department the revision thereof whenever necessary to protect public health and safety, and general welfare, consistent with the requirements of Rule XVII, Section 3.
Section 3. Publication of Revised Values
Upon approval by the Secretary, the revised Ambient Air Quality Guideline Values shall be published in one (1) newspaper of general circulation and shall be posted on a public Internet website.
Section 4. Air Quality Indices
The Department through the Bureau, and in conjunction with the Department of Health (DOH) may formulate a pollution standard index of air quality to protect public health, safety and general welfare. Implementation and enforcement of corrective actions contained in the index will be at the local government unit (LGU) level. Annex A contains the air quality indices and recommended actions that each LGU may opt to follow.
PART III MAINTENANCE OF ATTAINMENT AREAS
RULE VIII ATTAINMENT AREAS - GENERAL
Section 1. Designation of Attainment Areas
The Bureau shall delineate areas where the existing ambient air quality is at or below (that is, complies with) National Ambient Air Quality Guideline Values given in Part II, and shall designate such areas as “attainment areas.” Designation of attainment areas will be based on monitoring data
collected using the reference methods in Part II and/or other relevant information, including meteorological data, and data covering existing nearby sources. The Department through the Bureau will designate attainment and non-attainment areas, and will review and revise these designations from time to time as relevant data become available.
Section 2. Review of Area Designation
The Bureau shall revise area designations as additional data, whether monitoring, source or general knowledge, become available. Results from reviews of area designations will be made available for public comment.
RULE IX EXISTING SOURCES I N ATTAINMENT AREAS
Section 1. Standards
Existing sources must comply with National Emission Standards for Source Specific Air Pollution and Ambient Air Quality Standards pertaining to the source.
Section 2. Non-compliance
Sources not in compliance with Section 1 above must submit a Compliance Plan to the Bureau for approval, which details how the source will be brought into compliance. The owner of the facility must submit the plan within two (2) months of notification of non-compliance by the Bureau. The plan must include a schedule that will be enforceable and may provide for as long as eighteen (18) months to meet the applicable standards after notice of non-compliance by the Bureau. The Bureau may grant an extension of up to twelve (12) months for good-faith actions from the source owner.
Section 3. Emission Averaging and Emission Trading
Compliance plans submitted under Section 2 above may include use of emission averaging and emission trading as approved by the Bureau and described in Rules XXI and XXII respectively.
Section 4. Modification of Sources
Any existing source in an attainment area making a change or modification to its process or production which results in an increase of POTENTIAL emissions equal to or greater than the following shall be considered significant and subject to Rule X for the affected pollutant(s).
Carbon Monoxide 100 tons per year Nitrogen Oxides 40 tons per year Sulfur Dioxide 40 tons per year TSP 25 tons per year PM10 15 tons per year Volatile Organic Compounds 40 tons per year Hydrogen Sulfide 10 tons per year
a) Particulate matter: Sources shall install and operate a CEMS for opacity that meets criteria provided in USEPA 40 CFR Part 60 Appendix B, Performance Specification 1. The owner shall have the additional requirement of establishing a calibration curve showing the relationship between opacity as measured by the CEMS and mass particulate emission rate as determined by Method 5. The calibration curve shall cover the full range of reasonably expected operating conditions and/or process rates of the source and shall consist of at least three data points, one at maximum permitted operations, one at maximum design capacity, and one at 80% of the maximum permitted rate. The Bureau may waive one test point if the permitted rate and maximum design capacity rate are the same.
b) Sulfur Dioxide and Nitrogen Oxides: Sources shall install and operate a CEMS for these parameters that meet criteria provided in USEPA 40 CFR Part 60 Appendix B, Performance Specification 2.
c) Carbon Monoxide: Sources shall install and operate a CEMS for this parameter that meets criteria provided in USEPA 40 CFR Part 60 Appendix B, Performance Specification 4 or 4A.
d) Hydrogen Sulfide: Sources shall install and operate a CEMS for this parameter that meets criteria provided in USEPA 40 CFR Part 60 Appendix B, Performance Specification 7.
The CEMS requirements under this Section shall not apply to refinery flares, as well as to volatile organic compounds, unless a specific provision requires CEMS for volatile organic compounds is included in the facility’s permit to operate.
PART IV MANAGEMENT OF NO N -ATTAINMENT AREAS
RULE XI NON-ATTAINMENT AREAS - GENERAL
Section 1. Designation of Non-Attainment Areas
The Bureau shall designate and delineate areas where the existing ambient air quality is not in conformance with National Ambient Air Quality Guideline values given in Part II as “non-attainment areas.” Designation of non-attainment areas will be based on monitoring data collected using the reference methods in Part II or as may be reasonably expected from existing nearby sources and meteorological conditions. Special consideration will be given to populated areas where greater numbers of people may be exposed to unhealthy air. The Department through the Bureau will designate attainment and non-attainment areas, and will review and revise these designations from time to time as relevant data becomes available.
An area may be designated as non-attainment for one or more criteria pollutants, and may be an attainment area for the remaining criteria pollutants.
Section 2. Review of Area Designation
The Bureau shall revise and/or confirm area designations as additional data, whether monitoring, sampling, source specific or general knowledge, becomes available. Results from reviews of area designations will be made available for public comment/review.
RULE XII EXISTING SOURCES IN NON-ATTAINMENT AREAS
Section 1. Standards
Existing sources must comply with all National Emission Standards for Source Specific Air Pollution and Ambient Air Quality Standards pertaining to the source.
Section 2. Non-compliance
Sources not in compliance with Section 1 above must submit a Compliance Plan to the Bureau for approval which details how the source will be brought into compliance. The owner of the facility must submit the plan within two (2) months of notification of non-compliance by the Bureau. The plan must include a schedule that will be enforceable and may provide for as long as eighteen (18) months to meet the applicable standards after notice of non-compliance by the Bureau. Extensions or grace periods will not be allowed in non-attainment areas.
Should the source failed to comply with its commitment within the specified period in the compliance plan, the Bureau shall impose penalties and fines to be computed retroactive from the time the notification of non-compliance was served.
Section 3. Emission Averaging and Emission Trading
Existing sources located in non-attainment areas will be allowed to use emission averaging for compliance purposes however, they will not be allowed to participate in emission trading for the pollutant or pollutants for which the area is designated as a non-attainment area, except as a generator (not user) of emission reduction credits.
Section 4. Modification of Sources
Any existing source located in a non-attainment area and making a change in process or production which increases POTENTIAL emissions from the source of the pollutant for which the area is designated non-attainment, shall be classified as modified and subject to Rule XIII. Equipment overhaul, refurbishment, or upgrade to extend the life of the equipment beyond its normal useful life is considered to be a modification if it result in the increase of POTENTIAL emissions for purposes of this Section.
Section 5. Emission Fee Surcharge
Sources subject to the non-attainment provisions will be assessed a 50% surcharge (i.e., 150% of base) on the annual emission fees for the pollutant(s) for which the area is designated non- attainment.
Section 6. Penalty and Fine Surcharge
Sources subject to the non-attainment provisions will be subject to a 100% surcharge (i.e., 200% of base) for any penalties or fines relating to a violation of the non-attainment provisions.
Section 2. Emissions Inventory
The Bureau shall, within three (3) years from the date of effectivity of these Rules, and every three (3) years thereafter, make an inventory of emissions from stationary, mobile and area sources. Where possible, the Bureau shall coordinate with the Governing Boards.
Section 3. Air Quality Database
The Bureau and the National Statistical Coordination Board shall design the Air Quality Database which shall be computerized and stored in a manner accessible to the public and shall contain data collected from the Ambient Air Monitoring Network and the Emissions Inventory. The Bureau shall maintain and update the Air Quality Database.
Section 4. National Air Quality Status Report
The Bureau, shall prepare the Annual National Air Quality Status Report which shall contain:
(a) A summary of the extent of air pollution in the country, per type of pollutant and per type of source; (b) An analysis and evaluation of the current state, trends and projections of air pollution; (c) An identification of critical areas, activities, or projects which will need closer monitoring or regulation; (d) Recommendations for necessary executive and legislative action; and (e) Other pertinent qualitative and quantitative information concerning the extent of air pollution and the air quality performance rating of industries in the country.
Upon approval by the Secretary of the Department, the National Air Quality Status Report shall be submitted to the Office of the President and to Congress on or before March 31 of every year and shall cover the preceding calendar year. The National Air Quality Status Report and other related reports shall be made available to the public.
RULE XV AIRSHEDS
Section 1. Authority
The Secretary of the Department, upon the recommendation of the Bureau, shall divide the geo-political regions of the country into airsheds.
Section 2. Designation of Airsheds
Designation of airsheds shall be on the basis of, but not limited to, areas with similar climate, weather, meteorology and topology which affect the interchange and diffusion of pollutants in the atmosphere, or areas which share common interest or face similar development programs, prospects or problems. Designation of airsheds shall be revised as additional data, needs or situations arise.
For a more effective air quality management, a system of planning and coordination shall be established and a common action plan shall be formulated for each airshed.
Section 3. Initial Designation of Airsheds
The Department through the Bureau will designate the airshed, determine the attainment and non-attainment areas, and will review and revise these designations from time to time as relevant data becomes available.
Section 4. Governing Board
Pursuant to Section 9 of the Act, a Governing Board will be created for each airshed, to effectively carry out the formulated action plans.
Section 5. Composition and Organizational Set-up of the Board
Each Governing Board shall be headed by the Secretary of the Department as Chairman. The members shall be as follows:
(a) Provincial Governors from areas belonging to the airshed; (b) City/Municipal Mayors from areas belonging to the airshed or the MMDA Chairman in the case of Metro Manila; (c) A representative from each concerned government agency; (d) Representatives from people’s organizations; (e) Representatives from non-government organizations; and (f) Representatives from the private sector.
There shall be two Deputy Chairpersons, namely, the Department’s Regional Executive Director and the Bureau’s Regional Director in the region where the airshed is located. The ratio of Board representatives from government agencies to those from the private sector and from civil society shall be on the order of 5:2:2.
Within six (6) months from the designation of a particular airshed, concerned POs, NGOs and private business sector in the airshed or with recognized interests in the airshed shall choose their representatives by and among themselves through sectoral assemblies convened for the purpose.
Members of the governing board shall serve for a term of three (3) years (or such lesser time as may be permitted by the term of office if publicly-elected officials) without compensation, except for actual and necessary expenses (i.e. traveling) incurred in the performance of their duty. When a vacancy occurs during the term of a member from a PO, NGO or the private business sector, a new member shall be appointed by the Governing Board for the remainder of the unfinished term.
Section 6. Functions of the Board
Each Governing Board shall perform the following functions within its jurisdiction (airshed):
(a) Formulation of policies and standard-setting subject to laws of national application; (b) Preparation of a common action plan; (c) Coordination of functions among its members; and (d) Submission and publication of an annual Air Quality Status Report for each airshed.
Section 7. Executive Committee
An Executive Committee will be formed, for the purpose of carrying out the day-to-day functions of the Governing Board, consisting of nine (9) persons: the Chairperson, two (2) Deputy
