RA 8749:

“Philippine Clean Air Act of 1999”

Basic PCO Training Course

Environmental Management Bureau, DENR

Outline of Presentation
 Introduction
Clean Air Act Goal
Basic concept of AQMS
Schedule for attainment of clean air
 Compliance and Permitting System
 Ambient Air Monitoring and Reporting
Requirements
 Policy updates
 RA 8749: Philippine Clean Air Act of
1999”
“An Act Providing for a Comprehensive Air
Pollution Control Policy and for Other
Purposes”

 DENR Administrative Order No. 2000-81

“Implementing Rules and Regulations of the Act”

 DENR Administrative Order No. 2000-82

“National Air Quality Improvement Framework &
National Air Quality Control Action Plan”
GOAL
 To achieve and maintain
clean air that meets the
National Air Quality
Guidelines for Criteria
Pollutants, throughout the
Philippines, while
minimizing the possible
associated impacts on
the economy of the
Philippines”
 Basic AQMS Concept
 All sources of air
pollutant emissions will
require a permit to
operate
(PTO)/registration
 All sources shall comply
with the Air Quality
Standards before it can
be issued a PTO or can
be registered (in case of
MV)
Schedule for achievement of healthy air :
airshed-specific basis
 Each airshed has its own
multi-sectoral governing
boards
to oversee the planning and
implementation of air quality
management policies and
to ensure strong
coordination among
government agencies and
between government
agencies and the private
sector and civil society.
 Designation of Airshed
 DENR MC 2002-03 sets the guidelines for
the designation of an Airshed.

DENR has designated twenty one (21)

airsheds and their corresponding Governing
Boards, five (5) of which are Geothermal
Airsheds.
Designated Airsheds
National Capital Region Metro Iloilo (R6)
Region3 (except Tarlac & Metro Cebu (R7)
Nueva Ecija) Davao City (R11)
Region4A(except Quezon & Zamboanga City (R9)
Batangas)
Cagayan de Oro (R10)
Northern Pangasinan (R1)
Agusan del Norte (R13)
Tuguegarao ( PIESTA)
South Cotabato (R12)
MIMAROPA (R4B)
Baguio, La Trinidad,
Naga City and Legaspi City Itogon, Sablan, Tuba
(R5) (BLIST) (CAR)
 Geothermal Airsheds
 Palinpinon Geothermal, Southern Negros
 Sorsogon Geothermal, Bacon Manito
 Leyte Geothermal
 Mt. Apo Geothermal, N. Cotabato
 Banahaw-Makiling, CALABARZON
 Designation of Attainment /Non-
Attainment Areas
 DENR thru EMB shall designate airsheds as
“attainment” (AA) or “non-attainment” (NA) areas
 Attainment areas: in compliance with the
NAAQGV for criteria pollutants
 Non-attainment areas: not in compliance with the
NAAQGV for criteria pollutants

ATTAINMENT AREA NON-ATTAINMENT AREA

 Designation of Attainment/ Non-
Attainment Areas

 DENR Memorandum Circular No. 2005-

13 sets the guidelines for designation of
Attainment and Non-Attainment areas

EDSA has been declared as Non-

attainment area
 Section 19, CAA “Pollution from
Stationary Sources”
 Any trade, industry, process and fuel burning
equipment or industrial plants emitting air
pollutants shall comply with the National
Emission Standards for Source Specific Air
Pollutants (Table 2, DAO 2000-81)
Source Emission Testing
- a sample is drawn from
the stack (at the point of
emission) in conditions that
represent those in the
source
- only provides the “Snap
Shot” of the emission from
a source at the time of
testing

14
Testing Procedures
 The applicable methods for sampling and
analysis of the criteria pollutants (identified in
the National Emission Standards for Source
Specific Air Pollutants) are listed in Rule XXV,
Section 1, Table 2 of DAO 2000 – 81. All
procedures were referenced to Appendix A of
USEPA 40 CFR Part 60.

 Other equivalent methods may be approved

by the EMB

15
Source Emission Testing Equipment
What is a Stationary Source
Refers to any building or immobile
structure, facility or installation which
emits or may emit any air pollutant

Stationary Source Classifications

1. Existing
2. New
3. Modified
Definition
 Existing Source
any source already erected, installed, & 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 the IRR
(Nov. 2000)
 Definition
 New source
any plant, equipment, or installation in any
trade, business or establishment which
generates, emits or disposes air emissions
into the atmosphere and constructed
Any existing source transferred or moved to
a different location or site for the purpose of
installation, operation or use
after the effectivity date of the IRR
 Definition
 Modified source
any existing source which in the opinion of
the Department has undergone a
MODIFICATION* after the date of adoption
of an applicable rules & regulations and shall
be reclassified as “new source”

* 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 is applies)
emitted into the atmosphere by that source
or which results in the emission of any air
pollutant (to which a standard is applies) into
the atmosphere not previously emitted
 Regulatory Flexibility
 Existing source complies with less stringent
standards than new or modified sources.
 Existing source may be given a compliance
period of 18 months and an extension of not
more than 12 months
 Industries located in non-attainment areas
comply with more stringent air quality
standards and regulations.
Section 16. Permits
 “The DENR 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”.
DAO 2004-26 “Amending Rule XIX of DAO
2000-81 or the IRR of CAA”
All sources of air emissions shall secure
Permit to Operate (PtO) from the EMB ROs
prior to operation
PtO shall be issued upon compliance with
both emission & ambient standards
PtO shall be valid for 5 years
Temporary PtO can be issued with a maximum
validity period of 90 days
Requirements in the PtO will be based on
operating conditions at the time of the test
 Policy on
Compliance and
Permitting for
Industrial
Facilities Relating
to Air Quality

(MC 2007-03, dtd.

12/7/07)
 Rationale
 Standardization of permitting procedures
 Clarification for:
How do facilities demonstrate
compliance?
Which sources will require emission
test data and dispersion modeling
results with an application?
 “Polluter pays principle”
 Policy on
Compliance Testing & Permitting
 For permitting purposes (initial or renewal);

 For a routine compliance check of an

existing source;

 After modification have been made to a

source to achieve compliance;

 To investigate a pollution complaint

 Permitting Policies
 Permit Assessment Period: 25 days after
receipt of application (DAO 2004-26)

 An incomplete application, or one in

which the information indicates non-
compliance should not be accepted and
should be returned to the applicant
 Permitting Policies

 A temporary permit may be issued to

allow compliance testing to be
conducted, but only if EMB believes that
the relevant sources may be able to
comply.

 Compliance shall be demonstrated

before a regular permit is issued
 Classification of Stationary Sources
Classification Boiler Diesel GenSets Potential to
capacity (kW) Emit
(hp) (tons/year)
LARGE >251 >1,250 (regardless of >100
frequency of operation)
MEDIUM 100 - 250 600 – 1,249 (regardless 30 - 100
of frequency of
operation)
SMALL 99 hp or less 599 kW or less 10 - 30
(regardless of its
frequency of operation)
ENVIRONMENTALLY Any source of emissions of hazardous air pollutants
SIGNIFICANT included on the list of Priority Chemicals in DAO 1998-
58.
The principal emission sources at petroleum refineries,
petrochemical works, smelters, cement kilns, and steel,
ferro-alloy and glass-making plants
29
 Frequency of Compliance Testing
Source type New or modified Existing source
source (permitting) (periodic or routine)

Environmentally Before a regular Twice/year

significant Permit is issued
Large -do- -do-
Medium-sized -do- Once/year
Small Once during the 1st Once/2years
year of operation thereafter
Using BFO, Twice each year for
blended fuels each year of
involving BFO, or operation
fuels w/ >1%S
content
Existing sources not required emission
testing for permitting purposes
 Boilers rated at <50 HP

 Diesel generators rated at <300kW

 Other sources that have the potential

to emit <10 tons per year of an air
pollutant regulated under the Act
 Grounds for Revocation of Permits
 Non-compliance with or violation of any
provision of the act, IRR and/or permit
conditions
 False or inaccurate information in the
application for permit that led to the issuance of
the permit
 Refusal to allow lawful inspection conducted by
the department through the bureau or duly
authorized personnel
 Non-payment of the appropriate fees
 Other valid purposes
Section 12, CAA “Ambient Air Quality
Guideline Values and Standards”

 For any industrial establishment or operation,

the discharge of air pollutants that result in
airborne concentrations in excess of the
National Ambient Air Quality Standards for
Source Specific Air Pollutants (Table 3, DAO
2000-81) shall not be permitted.
 Objectives: Ambient Air Sampling

 To check compliance with the National

Ambient Air Quality Standards; and

 To assess air quality in the area in relation

to the National Ambient Air Quality Guideline
Values
Ambient sampling procedure (Rule
XXVI, Section 1, DAO 2000-81)
 Sampling shall be done at an elevation of at
least two (2) meters above the ground level ,
and shall be conducted either at the property
line or at a downwind distance of 5 to 20 times
the stack height whichever is more stringent

 The Bureau may approve the adoption of a

different procedure in the choice of location of
the monitoring equipment depending upon the
physical surrounding and other factors in the
area where the sampling is to be conducted
 Sampling Procedures
 The applicable methods for sampling and
measurement of TSP, PM10, SO2, NO2,
O3, CO, Lead) are identified in Rule VII,
Section 1, (b) of DAO 2000 – 81. All
procedures were referenced to Appendices
of USEPA 40 CFR Part 50
 Acceptable analyzers are those designated
as a reference method in accordance to
USEPA 40 CFR, Part 53
 Other equivalent methods may be approved
by the EMB
Manual Ambient Air Sampling
Automatic Ambient Air Sampling
Monitoring and Adjudication
 Self Monitoring Report
 DENR Administrative Order No. 2003-27
“Amending DAO 26, DAO 29 and DAO 2001-81
on the Preparation and Submission of Self-
Monitoring Report (SMR)”

Quarterly submission, within fifteen (15) calendar

days after the end each quarter
Submit completed, signed and notarized SMR to
the EMB Regional Office where the facility is
covered
MODULE 4. R.A. 8749 – this module provides
information on compliance with the requirements
of R.A. 8749
ACTIONS TO NON-COMPLIANCE OF
STATIONARY SOURCES

Conduct of Technical
Conference with firm and EMB
RO
Firm submits Compliance Plan
(CP)
EMB-RO approves and monitors
CP
Issuance of Notice of Violation
by EMB-Regional Office (RO)
 Section 13, CAA, “Tax Incentives”
• DAO 2004-53 “Guidelines to implement tax
incentives under Section 13 of RA 8749”
 Applicable to industries intending to install pollution
control devices or retrofit existing facilities with
mechanisms that reduce pollution
 Such incentives include accelerated depreciation,
reduced tax on imported goods for pollution control.
 No new incentive(s) offered to industries but rather
reiterates the incentives that are already existing
even before the CAA and are granted by Incentives-
Administering Agencies such the BIR, BOI, etc. (not
DENR).
Sec. 14, CAA “Air Quality Management
Fund”
 DENR-DBM Joint Memorandum Circular No.
2004- 01 “Implementing Guidelines on
Operationalization of the AQMF”.

DENR MC No. 2005-10 “Guidelines on the

selection of qualified projects and activities
eligible for funding under the AQMF.

DENR SO # 2004-867 “Creates a Special

Review Committee w/in EMB to review project
proposals for eligible funding to the AQMF”
Sec. 20, CAA “Ban on Incineration”
Supreme Court Decision, Section 20 of the Act only
prohibits incineration which emits poisonous and toxic
fumes.

DENR MC 05 Series of 2002 clarifies that any burn or

non-burn thermal treatment of toxic, hazardous, medical
and bio-medical wastes that meets the emission
standards in Section 19 of RA8749 and complies with
other applicable Phil laws is allowed.
The Department continues to promote the use of
“state of the art non-burn technologies”

AUTOCLAVE

PYROLYSIS PLASMA MICROWAVE

The Bureau has already approved several non-burn
technologies such as Pyrolysis, Plasma, and
Microwave.
EMB Memorandum Circular No. 06 Series of 2005
suspended the processing of application for Technology
Approval and implementation of Pyrolysis Technology
DENR & DOST Joint Memorandum Circular No. 01
Series of 2006 transferred the authority to grant
technology approval to DOST.

NON-BURN TECHNOLOGY
 Improved Fuel Quality
Industrial Fuel:
 0.3% sulfur content for Industrial diesel
 Sulfur content of Bunker Fuel; Regular BFO,
3%; Special BFO, 1% & 2% or upon industry
order
Automotive Fuel:
 Phased-out leaded gasoline nationwide in
December 2000
 2% benzene and 35% aromatics content in
gasoline
 .05% sulfur content in auto-diesel
“Biofuels Act of 2006” (RA 9367).
• 2% bio-diesel blend; and
• Ethanol-gasoline blend (E10)
Section 45, CAA “Violation of Standards for
Stationary Sources”
“For actual exceedance of any pollution or air
quality standards under this Act or its rules and
regulations, the Department, through the
Pollution Adjudication Board (PAB),shall impose
a fine of not more than One Hundred Pesos
(Php 100,000.00) for every day of violation
against the owner or operator of a stationary
source until such time that the standards have
been complied with”
Status: PAB Resolution #4, series of 2005
“Fine Rating System” issued
 Fines & Penalties
Section 45. Stationary Sources
A fine of < P 100,000.00 for everyday of
violation of standards until such time that
standards have been complied with

Shall be increased by at least 10% every 3

years to compensate for inflation & to
maintain the deterrent function of the fine
 Fines & Penalties
Stationary Sources
 Penalties for gross violation: imprisonment
of not less than 6 years but not more than
10 years at the discretion of the court

 Violation of Other Provisions

 A fine of not < P 10,000.00 but not > P
100,000.00
 3 years & 1 day to 5 years imprisonment

 Gross Violation
 Shall mean:
 Three or more specific offenses w/in a period of
1 year; Or
 Three or more specific offenses w/in 3
consecutive years; Or
 Blatant disregard of PAB orders; Or
 Irreparable or grave damage to the
environment as a consequence of violation of
the act and its IRR
Section 47. Fines and Penalties for
Violations of Other Provisions

 Min. of Php 10k not > 100k; or

 6 months to 6 years imprisonment; or

 Both
POLICY UPDATES
EMB MC No. 001, S. 0f 2015

 Guidelines for Establishment Employing the

Emissions Averaging Approach for Compliance
Purpose

 Shall not apply to New Sources

 DAO 2013-13
“Establishing the Provisional National Guideline
Values for PM2.5 ”
SHORT-TERM (24-hr) LONG-TERM (annual) IMPLEMENTATION
PERIOD

75 35 Upon effectivity
date of the DAO
until December
31, 2015
50 25 January 1, 2016
 Third-Party Source Emission Testing
Firms Accreditation
 DAO 2013-26 (Dec. 2013)
“Revised Guidelines on the
Accreditation of TPSETF”
 Provides assurance to
stakeholders, regulators &
the public of the reliability of
source emission test results
 Ensures that accredited firms
are fully capable of
conducting source emission
tests in accordance with the
CAA-IRR (DAO 2000-81)
 Continuous Emission Monitoring System
(CEMS)
 DAO 2007-22 “Guidelines on the
Installations of CEMS”
Coverage:
 Existing major source (Rule XXV
IRR, any new or modified source
(regardless of industry) w/
potential to emit at least 750
tons/year of any regulated
pollutant
 Any industry engaged in
emission trading or averaging
must install CEMS (for a certain
parameter)
 Compliance and Permitting
MC 2009-004 dated 01 April
2009
“Amendment of Annex 2 of MC
2007-003 regarding compliance
and permitting for industrial
facilities relating to air quality”

 Compliance testing of stand-by

gensets with 1,250 KW capacity
once a year (instead of 2x)
Air Pollution Control Techniques
 Memorandum Circular No.
2008-005 on Air Pollution
Control Techniques for
Stationary Sources of Air
Pollution
 Aims to provide guidance on the
selection and operation of air
pollution devices
 Not the intention to provide definitive
guidance on the selection and
design of air pollution control
devices
Reportorial requirement: Plant operational
problem
Memorandum Circular 2011-004, dated April
2011 “Clarificatory guidelines re: DAO 2000-81,
Part VI, Rule XIX, Section 13”
1. Breakdown and non-operation of a source
equipment not covered;
2. Breakdown of an air pollution control facility
lasting up to 1 hour not covered, the same
may be included in the SMR;
3. Breakdown of an air pollution control facility
lasting more than 1 hour must be reported to
EMB within 24 hrs from its occurrence
 Standards for Motor Vehicles &
Motorcycle/Tricycles

 DAO 2010-23 “Revised Emission

Standards for Motor Vehicles except
Motorcycles/Tricycles
 DAO 2010-24 “Revised Emission
Standards for Motorcycles/Tricycles
 THANK YOU
LETS ALL ACT TO
CLEAN THE AIR

928-4430 (telefax)
www.emb.gov.ph