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CLEAN AIR ACT OF 1999 the breathing zone, at any time.

the breathing zone, at any time. Standards under these Implementing Rules and activity emitting the pollutant (e. g.,
PART I. GENERAL PROVISIONS c. Focus primarily on pollution prevention are enforceable and must be complied Regulations or as directed by the Bureau, kilograms of particulate emitted per
RULE I. PRELIMINARY PROVISIONS rather than on control and provide for a with by the owner or person in-charge of used to sample and condition (if megagram of coal burned). Such factors
comprehensive management program for an industrial operation, process or trade; applicable), analyze, and provide a facilitate estimation of emissions from
Section 1. Title. - These Rules shall be air pollution; permanent record of emissions or process various sources of air pollution. In most
known and cited as the "Implementing "Authority to Construct" refers to the legal parameters. Such record shall be the basis cases, these factors are simply averages of
Rules and Regulations of the Philippine d. Promote public information and authorization granted by the Bureau to of the firm’s compliance with the emission all available data of acceptable quality.
Clean Air Act of 1999." education and to encourage the install a new source or modify an existing standards. Further, it may be an approved The general equation for emission
participation of an informed and active source. monitoring system for continuously estimation is: E = A x EF x (1-ER/100)
Section 2. Purpose. - The purpose of these public in air quality planning and measuring the emission of a pollutant where: E = emissions; A = activity rate; EF
Rules is to provide guidelines on the monitoring; and "Best Available Control Technology" refers from an affected source or facility and as = emission factor; and ER= overall
operationalization of the Philippine Clean to approaches, techniques or equipment such, may be used in computing annual emission reduction efficiency, %.ER is
Air Act of 1999. e. Formulate and enforce a system of which when used, result in lower air emission fees; further defined as the product of the
accountability for short and long-term emissions but in a cost-effective manner. control device destruction or removal
Section 3. Scope - These Rules shall lay adverse environmental impact of a BACT results in lower emission rates than "Criteria Pollutants" are air pollutants for efficiency and the capture efficiency of the
down the powers and functions of the project, program or activity. This shall those specified in the National Emission which National Ambient Air Quality control system. When estimating
Department of Environment and Natural include the setting up of a funding or Standards for Source Specific Air Guideline Values have been established; emissions for a long time period (e. g., one
Resources, the Department of guarantee mechanism for clean-up and Pollutants year), both the device and the capture
Transportation and Communication, the environmental rehabilitation and "Department" refers to the Department of efficiency terms should account for upset
Department of Trade and Industry, the compensation for personal damages. "Bio-medical waste" refers to pathological Environment and Natural Resources; periods as well as routine operations.
Department of Energy and all other wastes, pharmaceutical wastes, chemical
concerned agencies, the rights and RULE VI wastes and sharps defined as follows: "Detoxification process" refers to the "Emissions Trading" refers to a market-
obligations of stakeholders and the rights DEFINITION OF TERMS process of diminishing or removing the based approach to air pollution control
and duties of the people with respect to "Pathological wastes" include all human poisonous quality of any substance using which allows for transferring emission
the Air Quality Management and Control Section 1. Definitions. - The following tissue (whether infected or not) such as chelating agents to prevent or reverse credits between different facilities for use
Program. terms as used in these Implementing limbs, organs, fetuses and body fluid; toxicity particularly for those substances as a form of regulatory compliance;
Rules and Regulations shall be defined as animal carcasses and tissue from (e.g., heavy metals) that are cumulative or
Section 4. Construction. - These follows: laboratories, together with all related persistent in the body; "Episode" means a series of short-term air
Implementing Rules and Regulations shall "Act" refers to Republic Act No. 8749, swabs and dressings; pollution events that significantly alter the
be liberally construed to carry out the otherwise known as the "Philippine Clean "Director" means the Director of the ambient air quality of an affected area;
national policy of balancing development Air Act of 1999" ; "Pharmaceutical wastes" include Bureau;
and environmental protection through the pharmaceutical products; drugs and "Equivalent Method" refers to any
pursuance of the framework of "Air pollutant" means any matter found in chemicals that have been returned from "Eco-profile" shall refer to the geographic- technique or procedure for sampling
sustainable development. Sustainable the atmosphere other than oxygen, wards; have been spilled or soiled; are based instrument for planners and and/or analyzing an air pollutant which
development shall refer to development nitrogen, water vapor, carbon dioxide, and expired or contaminated; or are to be decision-makers which presents an has been approved by the Bureau and
that meets the needs of the present the inert gases all in their natural or discarded or any reason; evaluation of the environmental quality demonstrated to have a consistent and
without compromising the ability of future normal concentrations, that is detrimental and carrying capacity of an area. It is the quantitatively known relationship with the
generations to meet their own needs. to health or the environment, which "Chemical wastes" include discarded solid, result of the integration of various primary designated standard method;
includes but not limited to smoke, dust, liquid or gaseous chemicals from and secondary data and information on
RULE II soot, cinder, fly ash, solid particles of any housekeeping and disinfecting natural resources and anthropogenic "Existing Source" means any source
DECLARATION OF STATE POLICY kind, gases, fumes, chemical mists, procedures; activities on the land which are evaluated already erected, installed, and in
contaminated steam and radioactive by various environmental risk assessment operation; or any source for which
Section 1. Declaration of Policy. - It is the substances; "Bureau" or "EMB" refers to the Central and forecasting methodologies. This will construction has been offered for bidding
policy of the State to protect and advance Office of the Environmental Management enable the Department to anticipate the or actual construction has commenced
the right of people to a balanced and "Air pollution" means any alteration of the Bureau and its Regional Offices under the type of development control that is prior to the date of effectivity of these
healthful ecology in accord with the physical, chemical and biological Department; necessary in the planning area; Implementing Rules and Regulations Any
rhythm and harmony of nature. properties of the atmosphere, or any existing source which in the opinion of the
discharge thereto of any liquid, gaseous or "Cease and Desist Order" refers to the ex "Emission" means any measurable air Department has undergone a modification
It is also the policy of the State to attain solid substances that will or is likely to parte Order directing the discontinuance contaminant, pollutant, gas stream or after the date of adoption of an applicable
and maintain a balance between create or to render the air resources of of the operation resulting in the emission unwanted sound from a known source rule and regulation, shall be reclassified
development and environmental the country harmful, detrimental, or or discharge of pollutants exceeding the which is passed into the atmosphere; and considered a new source;
protection. injurious to public health, safety or emission standards or whenever such
welfare or which will adversely affect their emission or discharge constitutes "Emission averaging" is a technique "Governing Board" refers to a multi-
Finally, it is the policy of the State to utilization for domestic, commercial, imminent threat to human, animal or whereby a facility having more than one sectoral body created under Section 9 of
maintain a quality of air that protects industrial, agricultural, recreational, or plant life, public health or public safety. source of a given pollutant may, under the Act to effectively carry out and
human health and welfare. other legitimate purposes; Non-compliance with an undertaking or certain circumstances and with EMB implement the air quality action plan of an
agreement submitted to the Department approval, reduce emissions from one or airshed;
"Air quality performance rating" refers to shall likewise be a ground for issuance of a more sources sufficiently so that the
RULE III a rating system to be developed by the CDO; average of all the facility's source "Greenhouse gases" refers to those gases
AIR QUALITY PRINCIPLES Department through the Bureau. The air emissions is equal to or below the such as carbon dioxide, methane, and
quality performance ratings will be "Certificate of Conformity" refers to the applicable standard for a particular oxides of nitrogen, chloroflouro-carbons,
Section 1. Air Quality Principles. - grouped by industry, and will compare certificate issued by the Department to a pollutant. Emission averaging is computed and the others that can potentially or can
emissions data for industrial sources to vehicle manufacturer/assembler or on an annual potential ton per year basis. reasonably be expected to induce global
a. The State shall promote and protect the relevant National Ambient Air Quality importer certifying that a particular new warming;
the global environment to attain Standards and the relevant National vehicle or vehicle type meets the "Emission Charge" refers to a fee
sustainable development while Emissions Standards for Source Specific Air requirements provided under this Act and corresponding to the quality, quantity, "Gross Vehicle Mass or Weight" means
recognizing the primary responsibility of Pollutants. its Implementing Rules and Regulations; volume and toxicity of emissions from an the gross vehicle mass or weight as
local government units to deal with industrial or mobile source; declared by the vehicle manufacturer;
environmental problems. "Airshed" refers to areas with common "Completely Built-up Unit (CBU)" refers to
weather or meteorological conditions and vehicles imported into the country either "Emission Credits" are generated by "Guideline" means an official
b. The State recognizes that the sources of air pollution which affect the brand new or used and ready for sources that reduce their annual mass recommendation or guidance on the
responsibility of cleaning the habitat and interchange and diffusion of pollution in operation; emissions below the equivalent minimum protection of human beings or receptors
environment is primarily area-based and the surrounding atmosphere. regulatory level by either installing and in the environment from the adverse
that air quality management and control is "Compliance Plan" refers to a plan operating pollution control devices or by effects of air pollutants;
most effective at the level of airsheds. "Ambient air quality" refers to the submitted to the Bureau for approval using other Bureau approved methods.
atmosphere’s average purity in a broad which details how an existing stationary The equivalent minimum regulatory level "Hazardous substances" refers to those
c. The State recognizes the principle that area as distinguished from discharge air emissions source will be brought into is based upon the lowest annual emissions substances which present either: (1)
"polluters must pay" and the important measurements taken at the source of compliance. The owner of the facility must in tons that results when the source short-term acute hazards such as acute
role of economic instruments in air quality pollution or the present characteristic or submit the plan within two months of operates at its permitted emission rate for toxicity by ingestion, inhalation, or skin
management and control. nature of the surrounding atmosphere; notification of non-compliance by the its typical annual operating hours. Sources absorption, corrosivity or other skin or eye
Bureau. The plan must include a schedule that are subject to different allowable contact hazard or the risk of fire
d. The State recognizes that a clean and "Ambient air quality guideline values" that will be enforceable. emission rates, such as National Emission explosion; or (2) long-term toxicity upon
healthy environment is for the good of all refers to the concentration of air over Standards and Ambient Air Quality repeated exposure, including
and should therefore be a concern of all. specified periods classified as short-term "Compression Ignition Engine" means an Standards, must estimate the minimum carcinogenicity (which in some cases may
and/or long-term which are intended to internal combustion engine in which regulatory level on the standard that result in acute exposure but with a long
RULE IV serve as goals or objectives for the atomized fuel temperature is raised provides the lowest annual allowable latent period), resistance to the
AIR QUALITY POLICIES protection of health and/or public through compression, resulting in ignition, tonnage. An emission credit is equal to detoxification process, or the potential to
welfare. These values shall be used for air e.g., diesel engines; one ton of an air pollutant; pollute underground or surface waters;
Section 1. Air Quality Policies. - It is the quality management purposes such as
policy of the State to determining time trends, evaluating "Completely Knocked-Down" (CKD) refers "Emission factor" refers to a "Imported Used/Second-Hand Vehicle"
a. Formulate a comprehensive national stages of deterioration or enhancement of to new parts and components and/or representative value that attempts to means any used or second-hand motor
program of air pollution management that the air quality. In general, used as a basis engines that are imported in disassembled relate the quantity of a pollutant released vehicle imported and registered in the
shall be implemented by the government for taking positive action in preventing, condition for purposes of assembly. It may to the atmosphere with an activity country of origin;
through proper delegation and effective controlling, or abating health impacts include not only parts and components associated with the release of that
coordination of functions and activities; from air pollution; but also sub-assemblies and assemblies, pollutant. Emission factors may be used to "Incinerator" refers to a facility,
e.g., engines, transmissions, axle calculate emission fees, as indicated in equipment, furnace or other similar
b. Encourage cooperation and self- "Ambient air quality standard" means the assemblies, chassis and body assemblies; Rule VI, Section V. These factors are structure which burns municipal, bio-
regulation among citizens and industries concentration of an air pollutant which, in usually expressed as the weight of medical or hazardous wastes, which
through the application of market-based order to protect public health and/or "Continuous Emission Monitoring System" pollutant divided by a unit weight, process emits toxic and poisonous fumes;
instruments; public welfare, shall not be exceeded in means the total equipment, required volume, distance, or duration of the
"Infectious waste" refers to soiled surgical "Operator" means a person or entity that 7718, and used for measuring smoke
dressings, swabs and other contaminated "Motorcycle" refers to any two-wheeled manages a transport business but not opacity; Section 2. Non-compliance. - Sources not
waste from treatment areas; materials motor vehicle with at least one headlight, necessarily a vehicle owner; in compliance with Section 1 above must
which have been in contact with persons taillight and stoplight, and one or more "Semi-Knocked Down (SKD)" refers to submit a Compliance Plan to the Bureau
or animals suffering from infectious saddle seats. For purposes of these rules, "Owner" means the person or entity parts and components and/or engines for approval, which details how the source
diseases; cultures and stocks of infectious motorcycles shall include motorcycles identified as the motor vehicle owner in that are imported in partially assembled will be brought into compliance. The
agents from laboratory work; dialysis with attached cars also known as the motor vehicle registration or by a valid condition for assembly purposes. This owner of the facility must submit the plan
equipment; apparatus and disposable "tricycles". deed of sale; includes semi-assembled vehicles and cars within two (2) months of notification of
gowns, aprons, gloves, towels, etc; waste without tires and batteries; non-compliance by the Bureau. The plan
from dialysis treatment area; waste from "Motor Vehicle" means any vehicle "Ozone Depleting Substances" (ODS) must include a schedule that will be
patients in isolation wards; all materials propelled by a gasoline or diesel engine or refers to those substances that "Siga" means the traditional small scale enforceable and may provide for as long
which may contain pathogens in sufficient by any means other than human or animal significantly deplete or otherwise modify method of burning of wastes resulting as eighteen (18) months to meet the
concentration or quality that exposure to power constructed and operated the ozone layer in a manner that is likely from cleaning the backyard such as fallen applicable standards after notice of non-
could result in disease; principally for the conveyance of persons to result in adverse effects on human leaves, twigs, stems, and other similar compliance by the Bureau. The Bureau
or the transportation of goods; health and the environment such as, but matter from plants and trees in the may grant an extension of up to twelve
"Installation" means any structure, not limited to, chlorofluorocarbons, backyard where the burning is done; (12) months for good-faith actions from
equipment, facility or appurtenances "Motor Vehicle Registration" refers to the halons, and the like; the source owner.
thereto, operation of which may be a official recording of a motor vehicle by the "Smoke Opacity Meter (or Opacimeter)"
source of pollution or a means to control Land Transportation Office (LTO) subject "Particulate Matter" or "Suspended means an instrument which determines Section 3. Emission Averaging and
the same; to the conformance of the vehicle to the Particulates" means any material, other the smoke opacity in exhaust gases Emission Trading. - Compliance plans
safety and emission standards provided than uncombined water, which exists in a emitted by the engine system. submitted under Section 2 above may
"In-Use Vehicle" means a motor vehicle under Section 21 of the Act, including the finely divided form as a liquid or solid; include use of emission averaging and
duly registered with the LTO; pre-evaluation of the "Spark-Ignition Engine" means an internal emission trading as approved by the
documents/requirements pursuant to "Permit" refers to the legal authorization combustion engine in which the air/fuel Bureau and described in Rules XXI and
"Light Duty Vehicles" are motor vehicles Section 5 of Republic Act 4136, as to engage in or conduct any construction, mixture is ignited by a spark plug, e.g., a XXII, respectively.
whose gross vehicle weight is equal to or amended, otherwise known as the Land operation, modification or expansion of gasoline engine;
less than 3,500 kgs. This also refers to Transportation Code; any installation, operation or activity Section 4. Modification of Sources. - Any
"Light Commercial Vehicles;" which will be reasonably be expected to "Standard of performance" means a existing source in an attainment area
"Municipal waste" refers to the waste be a source of pollution; standard for emission of air pollutants making a change or modification to its
"Lowest Achievable Emission Rate" refers materials generated from communities which reflects the degree of emission process or production which results in an
to any technology or combination of within a specific locality; "Permit to Operate" refers to the legal limitation achievable through the increase of POTENTIAL emissions equal to
technology and process controls that authorization granted by the Bureau to application of the best system of emission or greater than the following shall be
results in the lowest possible emissions of "National Ambient Air Quality Guideline operate or maintain any installation for a reduction, taking into account the cost of considered significant and subject to Rule
a given air pollutant. Cost is not a Values" are limits on criteria air pollutant specified period of time; achieving such reduction and any non-air X for the affected pollutant(s).
consideration in determining applicable concentrations published by the quality health and environment impact
LAER for a given source; however, Department, intended to be protective of "Permit Condition" refers to a statement and energy requirement as determined by
technical feasibility is. The technology public health, safety, and general welfare. or stipulation issued with a permit, the Department through the Bureau; Carbon Monoxide 100 tons per
must be reasonably demonstrated to be compliance with which is necessary for year
appropriate and reliable for each "National Motor Vehicle Inspection and continued validity of the permit; "Stationary source" refers to any building Nitrogen Oxides 40 tons per
application; Maintenance Program" refers to the set of or fixed structure, facility or installation year
projects and other activities and efforts all "Persistent Organic Pollutants" (POPs) that emits or may emit any air pollutant; Sulfur Dioxide 40 tons per year
"Mandatory Inspection" refers to the designed to reduce the damaging impact means organic compounds that persist in TSP 25 tons per year
interval between testing and the tests of air pollution and unsafe vehicles on the environment, bio-accumulative "Useful Life of Vehicles and Engines" PM10 15 tons per year
performed, as partial pre-condition for the health and safety of the people, through through the food web, and pose a risk of refers to the period of time a vehicle Volatile Organic Compounds 40 tons per
renewal of registration of in-use motor adoption of standards for emission and causing adverse effects to human health and/or engine can be used, and meet year
vehicles; vehicle safety, and a series of measures to and the environment. These compounds standards of road worthiness and engine Hydrogen Sulfide 10 tons per
ensure compliance with them; resist photolytic, chemical and biological emissions; year
"Manufacturer or Assembler" means any degradation, and include but are not
entity or person who manufactures or "New Motor Vehicle" means a vehicle limited to dioxin, furan, Polychlorinated "Vehicle Type" means a category of
assembles motor vehicles, for eventual constructed entirely from new parts that Biphenyls (PCBs), organochlorine power-driven vehicles which do not differ RULE X
use in the Philippines; has never been sold or registered with the pesticides, such as aldrin, dieldrin, DDT, in such essentials as reference mass or NEW/MODIFIED SOURCES IN
DOTC or with the appropriate agency or hexachlorobenzene, lindane, toxaphene weight, engine type, number of cylinders, ATTAINMENT AREAS
"Medical waste" means any solid waste authority, and operated on the highways and chlordane; body configuration, manner of
that is generated in the diagnosis, of the Philippines, any foreign state or transmission, fuel used and similar Section 1. Standards. - New or modified
treatment, or immunization of human country; "Poisonous and toxic fumes" means any characteristics. sources must comply with National
beings or animals, in research pertaining emission and fumes which do not conform Emission Standards for Source Specific Air
thereto, or in the production or testing of "New Source" means any plant, to internationally accepted standards, PART III Pollution and Ambient Air Quality
biologicals; equipment, or installation in any trade, including but not limited to World Health MAINTENANCE OF ATTAINMENT AREAS Standards pertaining to the source.
business or establishment which Organization (WHO) guideline values;
"Medium/Heavy Duty Vehicles" refers to generates, emits or disposes air emissions RULE VIII Section 2. Best Available Control
motor vehicles whose gross vehicle weight into the atmosphere and constructed after "Pollution control device" refers to any ATTAINMENT AREAS - GENERAL Technology. - Sources subject to this Rule
is greater than 3,500 kgs; the date of effectivity of these device or apparatus that is used to shall, in addition to meeting the
Implementing Rules and Regulations. This prevent, control, or abate the pollution of Section 1. Designation of Attainment requirements of Section 1 of this Rule,
"Mobile source" means any includes any existing stationary source air caused by emissions from identified Areas. - The Bureau shall delineate areas install and operate Best Available Control
vehicle/machine propelled by or through transferred or moved to a different sources at levels within the air pollution where the existing ambient air quality is at Technology for each regulated pollutant
oxidation or reduction reactions, including location or site for the purpose of standards established by the Department; or below (that is, complies with) National with the potential to be emitted in
combustion of carbon-based or other fuel, installation, operation or use after such Ambient Air Quality Guideline Values quantities equal to or greater than 100
constructed and operated principally for date; "Pollution control technology" refers to given in Part II, and shall designate such tons per year. Selection of the appropriate
the conveyance of persons or the pollution control devices, production areas as "attainment areas." Designation control technology will be made in
transportation of property or goods, that "Normal Cubic Meter" (Ncm) means the processes, fuel combustion processes or of attainment areas will be based on consultation and with the approval of the
emit air pollutants as a reaction product; volume of dry gas which occupies a cubic other means that effectively prevent or monitoring data collected using the Bureau but in no case shall it result in non-
meter measured at twenty five degrees reduce emissions or effluents; reference methods in Part II and/or other compliance with requirements of Section
"Modification" means any physical change Celsius (25o) at an absolute pressure relevant information, including 1. Installation of the control equipment
or alteration in the method of operation equivalent to seven hundred sixty (760) "Potential to emit" refers to the annual meteorological data, and data covering will be at the time of source construction
of an existing source which increases the mm Hg; mass emissions that would result from a existing nearby sources. The Department or modification.
amount of any air pollutant (to which a source when operating 8,760 hours per through the Bureau will designate
standard applies) emitted into the "Octane Rating" or the "Anti-Knock Index" year. Actual emissions are based on the attainment and non-attainment areas and Section 3. Increment Consumption. - No
atmosphere by that source, or which (AKI) means the rating of the anti-knock actual hours of operation per year; will review and revise these designations new source may be constructed or
results in the emission of any air pollutant characteristics of a grade or type of from time to time as relevant data existing source modified if emissions from
(to which a standard applies) into the automotive gasoline as determined by "Rebuilt Motor Vehicle" means a locally become available. the proposed source or modification will,
atmosphere not previously permitted. The dividing by two (2) the sum of the assembled vehicle using new or used based on computer dispersion modeling,
following are exempted from the said Research Octane Number (RON), plus the engine, major parts or components Section 2. Review of Area Designation. - result in;
definition: Motor Octane Number (MON), the octane The Bureau shall revise area designations
requirement, with respect to automotive "Reference Mass or Weight" means the as additional data, whether monitoring, Exceedance of the National Ambient Air
Routine maintenance, repair and gasoline for use in a motor vehicle or a mass or weight of the vehicle in running source or general knowledge, become Quality Guideline Values; or
replacement shall not be considered class thereof, whether imported, order with a full fuel tank and including available. Results from reviews of area
physical changes if not intended to extend manufactured, or assembled by a the set of tools and spare wheel, plus 100 designations will be made available for An increase in existing ambient air levels
the useful life beyond the equipment manufacturer, refers to the minimum kilograms but does not include the mass public comment. above the levels shown below:
manufacturer’s design; octane rating or such automotive gasoline or weight of the passengers and driver;
which such manufacturer recommends for PM-10, annual arithmetic mean
An increase in the production rate the efficient operation of such motor "Regional Director" means the Regional 17 micrograms per cubic
providing the facility is permitted to vehicle, or substantial portion of such Director of any Regional Office; RULE IX meter
operate at the increased level and that class, without knocking; EXISTING SOURCES IN ATTAINMENT PM-10, 24-hr maximum 30
such increase does not exceed the "Regional Office" means one of the AREAS micrograms per cubic meter
designed capacity of the existing source; "Opacity" means the amount of light Regional Offices of the Bureau; Sulfur Dioxide, annual arithmetic mean
and obscured by particle pollution in the Section 1. Standards. - Existing sources 20 micrograms per cubic
atmosphere; "Ringelmann Chart" means the chart must comply with National Emission meter
An increase in hours of operation provided described in the U.S. Bureau of Mines, Standards for Source Specific Air Pollution Sulfur Dioxide, 24-hr maximum
that the facility is permitted to operate for Information Circular No. 8333 and No. and Ambient Air Quality Standards 91 micrograms per cubic
the increase in hours. pertaining to the source. meter

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