Water Environment Association of the Philippines (WEAP), Inc.

in collaboration with the

Department of Environment and Natural Resources (DENR)
Environmental Management Bureau (EMB)

Republic Act 8749

Speaker:
“The Philippine Clean Air Act
Ambient Air Sampling JEFFERSON B. LUMEREZ
Environmental Management Specialist 2
of 1999”
ENVIRONMENTAL MANAGEMENT BUREAU
Cordillera Administrative Region
DENR Compound, Gibraltar, Baguio City
Tel Nos. (074) 665-2904; local 15 (EMED); local 10
(Office of the RD)

Water Environment Association of the Philippines, Inc. (WEAP) DENR - Environmental Management Bureau (DENR - EMB)
 IMPORTANT DATES

Enactment of R.A. 8749 Effectivity of the CAA IRR publication

2 July 1999 7 Nov. 2000 25 Nov. 2000

23 June 1999 17 July 1999 10 Nov. 2000

CAA publication IRR approval (DAO 2000-81) Effectivity of the IRR

Water Environment Association of the Philippines, Inc. (WEAP) DENR - Environmental Management Bureau (DENR - EMB)
 Distinction Between PD 984 and RA 8749

PD 984 -Pollution Control Decree of 1976

• Focuses on CONTROL rather than prevention

• Regulatory in nature

RA 8749 -Focuses on PREVENTION rather than

control
• The law is based on “Polluters must Pay Principle”.
• All citizens have the right to breath clean air.
• Provides comprehensive Management program for air pollution.

Water Environment Association of the Philippines, Inc. (WEAP) DENR - Environmental Management Bureau (DENR - EMB)
 DENR Administrative Order No. 2000 - 81

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.

Water Environment Association of the Philippines, Inc. (WEAP) DENR - Environmental Management Bureau (DENR - EMB)
 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.
Water Environment Association of the Philippines, Inc. (WEAP) DENR - Environmental Management Bureau (DENR - EMB)
 DECLARATION OF STATE 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.

Water Environment Association of the Philippines, Inc. (WEAP) DENR - Environmental Management Bureau (DENR - EMB)
 Air Quality Principles
⚫ 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 and that air quality management and
control is most effective at the level of airsheds.
Water Environment Association of the Philippines, Inc. (WEAP) DENR - Environmental Management Bureau (DENR - EMB)
 ⚫ The State recognizes the principle that
“polluters must pay” and the important role
of economic instruments in air quality
management and control.

⚫ The State recognizes that a clean and

healthy environment is for the good of all
and should therefore be a concern of all.

Water Environment Association of the Philippines, Inc. (WEAP) DENR - Environmental Management Bureau (DENR - EMB)
 Recognition of Rights

⚫ The right to breathe clean air;

⚫ The right to utilize and enjoy all natural resources

according to the principles of sustainable
development;

⚫ The right to participate in the formulation,

planning, implementation and monitoring of
environmental policies and programs and in the
decision making process;
Water Environment Association of the Philippines, Inc. (WEAP) DENR - Environmental Management Bureau (DENR - EMB)
 ⚫ The right to participate in the decision-making
process concerning development policies, plans
and programs projects or activities that may have
adverse impact on the environment and public
health;

⚫ The right to be informed of the nature and extent

of the potential hazard of any activity, undertaking
or project and to be served timely notice of any
significant rise in the level of pollution and the
accidental or deliberate release into the
atmosphere of harmful or hazardous substances;

Water Environment Association of the Philippines, Inc. (WEAP) DENR - Environmental Management Bureau (DENR - EMB)
 ⚫ The right of access to public records which a citizen may
need to exercise his or her rights effectively under this
Act;

⚫ The right to bring action in court or quasi-judicial bodies

to enjoin all activities in violation of environmental laws
and regulations, to compel the rehabilitation and clean-
up of affected area, and to seek the imposition of penal
sanctions against violators of environmental laws; and

⚫ The right to bring action in court for compensation of

personal damages resulting from the adverse
environmental and public health impact of a project or
activity.
Water Environment Association of the Philippines, Inc. (WEAP) DENR - Environmental Management Bureau (DENR - EMB)
 RULE VI DEFINITION OF TERMS

“Air pollution” means any alteration of the physical,

chemical and biological properties of the atmosphere, 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;

Water Environment Association of the Philippines, Inc. (WEAP) DENR - Environmental Management Bureau (DENR - EMB)
 RULE VI DEFINITION OF TERMS

“Air pollutant” means any matter found in

the atmosphere other than oxygen, nitrogen, water
vapor, carbon dioxide, and the inert gases all in
their natural or normal concentrations, that is
detrimental to health or the environment, which
includes but not limited to smoke, dust, soot,
cinder, fly ash, solid particles of any kind, gases,
fumes, chemical mists, contaminated steam and
radioactive substances;
Water Environment Association of the Philippines, Inc. (WEAP) DENR - Environmental Management Bureau (DENR - EMB)
Water Environment Association of the Philippines, Inc. (WEAP) DENR - Environmental Management Bureau (DENR - EMB)
Water Environment Association of the Philippines, Inc. (WEAP) DENR - Environmental Management Bureau (DENR - EMB)
Water Environment Association of the Philippines, Inc. (WEAP) DENR - Environmental Management Bureau (DENR - EMB)
Water Environment Association of the Philippines, Inc. (WEAP) DENR - Environmental Management Bureau (DENR - EMB)
 Criteria Air Pollutants are chemicals or
compounds which undergo chemical reactions
in the atmosphere to produce hazardous
substances.
Six (6) Criteria Air Pollutants
⚫ Particulate Matter
- Total Suspended Particulates (TSP)
- PM-10 (Inhalable coarse particles)
- PM-2.5 (Fine particles)
⚫ Sulfur dioxide (SO2)
⚫ Nitrogen dioxide (NO2)
⚫ Ozone (Ground-Level O3)
⚫ Carbon monoxide (CO)
⚫ Lead (Pb)

Water Environment Association of the Philippines, Inc. (WEAP) DENR - Environmental Management Bureau (DENR - EMB)
 Section 12 (a) of RA
8749: The Clean Air
Act of 1999

The National Ambient

Air Quality Guideline
Values (NAAQGV) is a
list of hazardous air
pollutants with
corresponding
ambient guideline
value or standards
necessary to protect
public health and
safety; and general
welfare.
Water Environment Association of the Philippines, Inc. (WEAP) DENR - Environmental Management Bureau (DENR - EMB)
Water Environment Association of the Philippines, Inc. (WEAP) DENR - Environmental Management Bureau (DENR - EMB)
 DAO 2013-13:
“Establishing the
Provisional
National
Guideline Values SHORT- LONG-
IMPLEMENTATION
for PM2.5 ” TERM TERM
PERIOD
(24-hr) (annual)

Upon effectivity date

75 35 of the DAO until
December 31, 2015

50 25 January 1, 2016

Water Environment Association of the Philippines, Inc. (WEAP) DENR - Environmental Management Bureau (DENR - EMB)
Water Environment Association of the Philippines, Inc. (WEAP) DENR - Environmental Management Bureau (DENR - EMB)
 PART VI
AIR POLLUTION RULE XIX
CLEARANCES PERMIT REGULATIONS
AND PERMITS
FOR STATIONARY
⚫ Section 1. Permits Required
SOURCES
All sources of air pollution
subject to these Implementing
Rules and Regulations must have
a valid Permit to Operate issued
by the Director. New or modified
sources must first obtain an
Authority to Construct issued by
the Director.

Water Environment Association of the Philippines, Inc. (WEAP) DENR - Environmental Management Bureau (DENR - EMB)
 DAO 2004-26
Amending Rule XIX of DAO 2000-81
✓ 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
✓ Shall be renewed at least 30 days prior to expiration date

Water Environment Association of the Philippines, Inc. (WEAP) DENR - Environmental Management Bureau (DENR - EMB)
Water Environment Association of the Philippines, Inc. (WEAP) DENR - Environmental Management Bureau (DENR - EMB)
 Policy on Compliance and
Permitting for Industrial
Facilities Relating to Air Quality

(MC 2007-03, dtd. 12/7/07)

Water Environment Association of the Philippines, Inc. (WEAP) DENR - Environmental Management Bureau (DENR - EMB)
 ⚫ For permitting purposes (“Polluters must Pay
Principle”);

⚫ For a routine compliance check of an existing source;

⚫ After modifications have been made to a source to

achieve compliance; and

⚫ To investigate a pollution complaint

Water Environment Association of the Philippines, Inc. (WEAP) DENR - Environmental Management Bureau (DENR - EMB)
 Classification of Stationary Sources
Classification Boiler capacity Diesel Gen Potential to
(HP) Sets (kW) Emit (tons/year)
New (N) or N or M N or M
modified (M)
LARGE >251 >1,250 (regardless of >100
frequency of operation)
MEDIUM 100 - 250 600 – 1,249 (regardless 30 - 99
of frequency of
operation)
SMALL <99 599 kW or less 10 - 29
(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

Water Environment Association of the Philippines, Inc. (WEAP) DENR - Environmental Management Bureau (DENR - EMB)
 Frequency of Source Testing
New or modified Existing source
Source type source (permitting) (periodic or routine)

Environmentally Significant Twice / year

Before a Permit to
Large Operate is issued Twice / year

Medium-sized Once / year

Once during the 1st Once / 2 years

Small
year of operation thereafter
Using Bunker Fuel Oil
(BFO), blended fuels Twice each year for each
involving BFO, or fuels w/ year of operation
>1% Sulfur content

Water Environment Association of the Philippines, Inc. (WEAP) DENR - Environmental Management Bureau (DENR - EMB)
 MC 2009-04

Water Environment Association of the Philippines, Inc. (WEAP) DENR - Environmental Management Bureau (DENR - EMB)
 Section 12 (b) of the IRR
of R.A. 8749: The Clean
Air Act of 1999

The National Ambient Air

Quality Standards for
Source Specific Air
pollutants from Industrial
Sources / Operations is a
list of air pollutants
discharged from any
industrial establishment
or operation as airborne
concentrations must not
exceed the
corresponding ambient
air quality standards

Water Environment Association of the Philippines, Inc. (WEAP) DENR - Environmental Management Bureau (DENR - EMB)
Water Environment Association of the Philippines, Inc. (WEAP) DENR - Environmental Management Bureau (DENR - EMB)
 One (1) unit 3.0 kW “PROMATE” Gasoline Engine Generator Set

Water Environment Association of the Philippines, Inc. (WEAP) DENR - Environmental Management Bureau (DENR - EMB)
Water Environment Association of the Philippines, Inc. (WEAP) DENR - Environmental Management Bureau (DENR - EMB)
 Permitting Policies
⚫ Permit conditions may be used to specify all technical and
operational requirements for the effective management and
monitoring of emissions.

Water Environment Association of the Philippines, Inc. (WEAP) DENR - Environmental Management Bureau (DENR - EMB)
 Permitting Policies

⚫ EMB shall specify routine testing requirements in permits.

Water Environment Association of the Philippines, Inc. (WEAP) DENR - Environmental Management Bureau (DENR - EMB)
 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

⚫ 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

Water Environment Association of the Philippines, Inc. (WEAP) DENR - Environmental Management Bureau (DENR - EMB)
 Grounds for Revocation of PTO

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 of duly authorized personnel
Non-payment of the appropriate fees

Other valid purposes

Water Environment Association of the Philippines, Inc. (WEAP) DENR - Environmental Management Bureau (DENR - EMB)
 PART XIII FINES AND PENALTIES
⚫ RULE LIV FINES AND PENALTIES FOR VIOLATION OF
STANDARDS FOR STATIONARY SOURCES

◆ Section 1. Fines to Be Imposed

For actual exceedance of any pollution or air quality standards
under the Act or these Implementing Rules and Regulations,
the PAB shall impose a fine of not more than One Hundred
Thousand Pesos (P 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.
The fines herein prescribed shall be increased by at least ten
percent (10%) every three (3) years to compensate for inflation
and to maintain the deterrent function of the fines.

Water Environment Association of the Philippines, Inc. (WEAP) DENR - Environmental Management Bureau (DENR - EMB)
 Section 2. Gross Violation Defined
⚫ Gross violations of the Act or these Implementing Rules
and Regulations shall mean:
◆ Three (3) or more specific offenses within a period of one (1) year;

◆ Three (3) or more specific offenses within three (3) consecutive years;
◆ Blatant disregard of the orders of the PAB, such as but not limited to the
breaking of seals, padlocks and other similar devices, or operating despite
the existence of an order for closure, discontinuance or cessation of
operation;
◆ Irreparable or grave damage to the environment as a consequence of any
violation or omission of the provisions of the Act or these Implementing
Rules and Regulations.

Water Environment Association of the Philippines, Inc. (WEAP) DENR - Environmental Management Bureau (DENR - EMB)
 Section 3. Penalties for Gross Violations
In case of gross violations of the Act or these Implementing Rules and
Regulations, the PAB shall recommend to the proper government
agencies the filing of appropriate criminal charges against the
violators. The PAB shall assist the public prosecutor in the litigation of
the case.
Offenders shall be punished with imprisonment of not less than six (6)
years but not more than ten (10) years at the discretion of the court. If
the offender is a juridical person, the president, manager, directors,
trustees, the pollution control officer or officials directly in charge of
the operations shall suffer the penalty herein provided.

Water Environment Association of the Philippines, Inc. (WEAP) DENR - Environmental Management Bureau (DENR - EMB)
 PAB Updates
PAB Resolution No. 1, series of 2019

⚫ For permitting violations of Clean Water Act (R.A. 9275), and

considering tha an establishment is required to pay a discharge
permit fee annually, a fine of Nineteen Thousand Five Hundred
Pesos (Php 19, 500) shall be imposed for every year of violation.

⚫ For permitting violations of Clean Air Act (R.A. 8749), and

considering that a Permit to Operate has a validity of five (5)
years, a fine of Nineteen Thousand Five Hundred Pesos (Php 19,
500) shall be imposed for a five-year violation by the
establishment.
Water Environment Association of the Philippines, Inc. (WEAP) DENR - Environmental Management Bureau (DENR - EMB)
 PAB Updates
PAB Resolution No. 1, series of 2019

⚫ For failure to designate a Pollution Control Officer, a one-time fine

of Nineteen Thousand Five Hundred Pesos (Php 19, 500) shall be
imposed against the establishment.

⚫ For failure to submit reports, Nineteen Thousand Five Hundred

Pesos (Php 19, 500) shall be imposed against the establishment for
every failure to submit said report within the prescribed period.

Water Environment Association of the Philippines, Inc. (WEAP) DENR - Environmental Management Bureau (DENR - EMB)
 EMB MC No. 2015-01
• Guidelines for establishment
employing the emission averaging
approach for compliance purposes

➢ This policy aims to provide clear

guide on using emission averaging
technique for multiple stationary
sources of a given pollutant within a
contiguous property which is owned
by the same entity.
➢ Coverage: for existing sources only
➢ Requirement: Installation of
Continuous Emission Monitoring
System (CEMS)

Water Environment Association of the Philippines, Inc. (WEAP) DENR - Environmental Management Bureau (DENR - EMB)
 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

 Exemptions
❖ Stand-by, emergency, seasonal, and intermittently operating facilities that
operate < 500 hours per year
❖ MSME facilities or support facilities that are dedicated to the operation of
such MSMEs (ex. Own-power generating plant)
❖ Refinery flares, as well as flares for VOCs

Water Environment Association of the Philippines, Inc. (WEAP) DENR - Environmental Management Bureau (DENR - EMB)
 DAO 2013-26 “Guidelines on the
Accreditation of TPSETF”
✓ Provides assurance to stakeholders, regulators & the
public of the reliability of source emission test result

✓ Ensures that accredited firms are fully capable of

conducting source emission tests in accordance with
the CAA-IRR (DAO 2000-81)

✓ Accreditation valid for 3 years

Water Environment Association of the Philippines, Inc. (WEAP) DENR - Environmental Management Bureau (DENR - EMB)
Water Environment Association of the Philippines, Inc. (WEAP) DENR - Environmental Management Bureau (DENR - EMB)
 MC 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.

Water Environment Association of the Philippines, Inc. (WEAP) DENR - Environmental Management Bureau (DENR - EMB)
 PART VIII
POLLUTION FROM OTHER SOURCES
RULE XXIX
POLLUTION FROM OTHER SOURCES-GENERAL

Section 1. Ban on Smoking

The Local Government Units (LGUs) shall, within six (6) months from
the effectivity of these Implementing Rules and Regulations,
implement or enforce a ban on smoking inside a public building or an
enclosed public place including public vehicles and other means of
transport or in any enclosed area outside of one's private residence,
private place of work or any duly designated smoking area which shall
be enclosed.

Water Environment Association of the Philippines, Inc. (WEAP) DENR - Environmental Management Bureau (DENR - EMB)
 Section 2. Regulation of Other Sources

The DOTC shall regulate and implement

emission standards on mobile sources other than
those referred to under Section 21 of the Act. For
this purpose, the Department through the Bureau,
shall formulate and establish the necessary
standard for these other mobile sources. The DOTC
shall collect fines and penalties provided for under
Section 46 of the Act from those found to be in
violation of the applicable emissions standards for
other mobile sources.
Water Environment Association of the Philippines, Inc. (WEAP) DENR - Environmental Management Bureau (DENR - EMB)
 Water Environment Association of the Philippines (WEAP), Inc.
in collaboration with the
Department of Environment and Natural Resources (DENR)
Environmental Management Bureau (EMB)

Q and A

Water Environment Association of the Philippines, Inc. (WEAP) DENR - Environmental Management Bureau (DENR - EMB)