Republic of the Philippines Congress of the Philippines Metro Manila Eleventh Congress Republic Act No.

8749 June 23 !999

AN AC" PR#$%&%N' (#R A C#)PRE*EN+%$E A%R P#,,-"%#N C#N"R#, P#,%C. AN& (#R #"*ER P-RP#+E+

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:: Ch/pter ! 'ener/l Provisions Article #ne 0/sic Air 1u/lit2 Policies +ection !. +hort "itle. - This ct shall be !no"n as the 3Philippine Cle/n Air Act of !999.3 +ection 2. &ecl/r/tion of Principles. - The State shall protect and advance the right of the people to a balanced and healthful ecology in accord "ith the rhythm and harmony of nature# The State shall promote and protect the global environment to attain sustainable development "hile recogni$ing the primary responsibility of local government units to deal "ith environmental problems# The State recogni$es that the responsibility of cleaning the habitat and environment is primarily area-based# The State also recogni$es the principle that %polluters must pay%# &inally' the State recogni$es that a clean and healthy environment is for the good of all and should' therefore' be the concern of all# +ection 3. &ecl/r/tion of Policies. - The State shall pursue a policy of balancing development and environmental protection# To

achieve this end' the frame "or! for sustainable development shall be pursued# (t shall be the policy of the State to: )a* &ormulate a holistic national program of air pollution management that shall be implemented by the government through proper delegation and effective coordination of functions and activities+ )b* ,ncourage cooperation and self-regulation among citi$ens and industries through the application of mar!et-based instruments+ )c* &ocus primarily on pollution prevention rather than on control and provide for a comprehensive management program for air pollution+ )d* Promote public information and education and to encourage the participation of an informed and active public in air -uality planning and monitoring+ and )e* &ormulate and enforce a system of accountability for short and long-term adverse environmental impact of a pro.ect' program or activity# This shall include the setting up of a funding or guarantee mechanism for clean-up and environmental rehabilitation and compensation for personal damages# +ection 4. Recognition of Rights. - Pursuant to the abovedeclared principles' the follo"ing rights of citi$ens are hereby sought to be recogni$ed and the State shall see! to guarantee their en.oyment: )a* The right to breathe clean air+ )b* The right to utili$e and en.oy 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-ma!ing process+ )d* The right to participate in the decision-ma!ing process concerning development policies' plans and programs pro.ects or

activities that may have adverse impact on the environment and public health+ )e* The right to be informed of the nature and e/tent of the potential ha$ard of any activity' underta!ing or pro.ect and to be served timely notice of any significant rise in the level of pollution and the accidental or deliberate release into the atmosphere of harmful or ha$ardous substances+ )f* The right of access to public records "hich a citi$en may need to e/ercise his or her rights effectively under this ct+ )g* The right to bring action in court or -uasi-.udicial bodies to en.oin all activities in violation of environmental la"s and regulations' to compel the rehabilitation and cleanup of affected area' and to see! the imposition of penal sanctions against violators of environmental la"s+ and )h* The right to bring action in court for compensation of personal damages resulting from the adverse environmental and public health impact of a pro.ect or activity# Article "4o &efinition of "er5s +ection 6. &efinitions. 7 s used in this ct: a* % ir pollutant% means any matter found in the atmosphere other than o/ygen' nitrogen' "ater vapor' carbon dio/ide' and the inert gases in their natural or normal concentrations' that is detrimental to health or the environment' "hich includes but not limited to smo!e' dust' soot' cinders' fly ash' solid particles of any !ind' gases' fumes' chemical mists' steam and radio-active substances+ b* % ir pollution% means any alteration of the physical' chemical and biological properties of the atmospheric air' or any discharge thereto of any li-uid' gaseous or solid substances that "ill or is li!ely to create or to render the air resources of the country

harmful' detrimental' or in.urious to public health' safety or "elfare or "hich "ill adversely affect their utili$ation for domestic' commercial' industrial' agricultural' recreational' or other legitimate purposes+ c* % mbient air -uality guideline values% mean the concentration of air over specified periods classified as short-term and longterm "hich are intended to serve as goals or ob.ectives for the protection of health and0or public "elfare# These values shall be used for air -uality management purposes such as determining time trends' evaluating stages of deterioration or enhancement of the air -uality' and in general' used as basis for ta!ing positive action in preventing' controlling' or abating air pollution+ d* % mbient air -uality% means the general amount of pollution present in a broad area+ and refers to the atmosphere1s average purity as distinguished from discharge measurements ta!en at the source of pollution+ e* %Certificate of Conformity% means a certificate issued by the 2epartment of ,nvironment and 3atural Resources to a vehicle manufacturer0assembler or importer certifying that a particular ne" vehicle or vehicle type meets the re-uirements provided under this ct and its rules and regulations+ f* %2epartment% means the 2epartment of ,nvironment and 3atural Resources+ g* %,co-profile% means the geographic-based instrument for planners and decision-ma!ers "hich present an evaluation of the environmental -uality and carrying capacity of an area# (t is the result of the integration of primary and secondary data and information on natural resources and anthropogenic activities on the land "hich are evaluated by various environmental ris! assessment and forecasting methodologies that enable the 2epartment to anticipate the type of development control necessary in the planning area+

h* %,mission% means any air contaminant' pollutant' gas stream or un"anted sound from a !no"n source "hich is passed into the atmosphere+ i* %4reenhouse gases% mean those gases that can potentially or can reasonably be e/pected to induce global "arming' "hich include carbon dio/ide' methane' o/ides of nitrogen' chlorofluorocarbons' and the li!e+ .* %Ha$ardous substances% mean those substances "hich present either: )5* short-term acute ha$ards such as acute to/icity by ingestion' inhalation' or s!in absorption' corrosivity or other s!in or eye contact ha$ard or the ris! of fire e/plosion+ or )6* longterm to/icity upon repeated e/posure' carcinogenicity )"hich in some cases result in acute e/posure but "ith a long latent period*' resistance to deto/ification process such as biodegradation' the potential to pollute underground or surface "aters+ !* %(nfectious "aste% means that portion of medical "aste that could transmit an infectious disease+ l* %Medical "aste% means the materials generated as a result of patient diagnosis' treatment' or immuni$ation of human beings or animals+ m* %Mobile source% means any vehicle propelled by or through combustion of carbon-based or other fuel' constructed and operated principally for the conveyance of persons or the transportation of property goods+ n* %Motor vehicle% means any vehicle propelled by a gasoline or diesel engine or by any means other than human or animal po"er' constructed and operated principally for the conveyance of persons or the transportation of property or goods in a public high"ay or street open to public use+ o* %Municipal "aste% means the "aste materials generated from communities "ithin a specific locality+

p* %3e" vehicle% means a vehicle constructed entirely from ne" parts that has never been sold or registered "ith the 27TC or "ith the appropriate agency or authority' and operated on the high"ays of the Philippines' any foreign state or country+ -* %7ctane Rating or the nti-8noc! (nde/) 8(* % means the rating of the anti-!noc! characteristics of a grade or type of automotive gasoline as determined by dividing by t"o )6* the sum of the Research 7ctane 3umber )R73*' plus the Motor 7ctane 3umber )M73*+ the octane re-uirement' "ith respect to automotive gasoline for use in a motor vehicle or a class thereof' "hether imported' manufactured' or assembled by a manufacturer' shall refer to the minimum octane rating of such automotive gasoline "hich such manufacturer recommends for the efficient operation of such motor vehicle' or a substantial portion of such class' "ithout !noc!ing+ r* %7$one 2epleting Substances )72S*% means those substances that significantly deplete or other"ise modify the o$one layer in a manner that is li!ely to result in adverse effects of human health and the environment such as' but not limited to' chloroflourocarbons' halons and the li!e+ s* %Persistent 7rganic Pollutants )P7Ps*% means the organic compounds that persist in the environment' bioaccumulate through the food "eb' and pose a ris! of causing adverse effects to human health and the environment# These compounds resist photolytic' chemical and biological degradation' "hich shall include but not be limited to dio/in' furan' Polychlorinated Biphenyls )PCBs*' organochlorine pesticides' such as aldrin' dieldrin' 22T' he/achloroben$ene' lindane' to/aphere and chlordane+ t* %Poisonous and to/ic fumes% means any emissions and fumes "hich are beyond internationally - accepted standards' including

but not limited to the 9orld Health 7rgani$ation )9H7* guideline values+ u* %Pollution control device% means any device or apparatus used to prevent' control or abate the pollution of air caused by emissions from identified pollution sources at levels "ithin the air pollution control standards established by the 2epartment+ v* %Pollution control technology% means the pollution control devices' production process' fuel combustion processes or other means that effectively prevent or reduce emissions or effluent+ "* %Standard of performance% means a standard for emissions of air pollutant "hich reflects the degree of emission limitation achievable through the application of the best system of emission reduction' ta!ing into account the cost of achieving such reduction and any non-air -uality health and environmental impact and energy re-uirement "hich the 2epartment determines' and ade-uately demonstrates+ and /* %Stationary source% means any building or immobile structure' facility or installation "hich emits or may emit any air pollutant# Ch/pter 2 Air 1u/lit2 )/n/ge5ent +2ste5 Article #ne 'ener/l Provisions +ection 8. Air 1u/lit2 )onitoring /n9 %nfor5/tion Net4or: . 7 The 2epartment shall prepare an annual 3ational ir :uality Status Report "hich shall be used as the basis in formulating the (ntegrated ir :uality (mprovement &rame"or!' as provided for in Sec# ;# The said report shall include' but shall not be limited to the follo"ing: a* ,/tent of pollution in the country' per type of pollutant and per type of source' based on reports of the 2epartment<s monitoring stations+

b* nalysis and evaluation of the current state' trends and pro.ections of air pollution at the various levels provided herein+ c* (dentification of critical areas' activities' or pro.ects "hich "ill need closer monitoring or regulation+ d* Recommendations for necessary e/ecutive and legislative action+ and e* 7ther pertinent -ualitative and -uantitative information concerning the e/tent of air pollution and the air -uality performance rating of industries in the country# The 2epartment' in cooperation "ith the 3ational Statistical Coordination Board )3SCB*' shall design and develop an information net"or! for data storage' retrieval and e/change# The 2epartment shall serve as the central depository of all data and information related to air -uality# +ection 7. %ntegr/te9 Air 1u/lit2 %5prove5ent (r/5e4or: . The 2epartment shall "ithin si/ )=* months after the effectivity of this ct' establish' "ith the participation of >4?s' 347s' P7s' the academe and other concerned entities from the private sector' formulate and implement the (ntegrated ir :uality (mprovement &rame"or! for a comprehensive air pollution management and control program# The frame"or! shall' among others' prescribe the emission reduction goals using permissible standards' control strategies and control measures to underta!en "ithin a specified time period' including cost-effective use of economic incentives' management strategies' collective actions' and environmental education and information# The (ntegrated ir :uality (mprovement &rame"or! shall be adopted as the official blueprint "ith "hich all government agencies must comply "ith to attain and maintain ambient air -uality standards# +ection 8. Air 1u/lit2 Control Action Pl/n. - 9ithin si/ )=* months after the formulation of the frame"or!' the 2epartment shall'

"ith public participation' formulate and implement an air -uality control action plan consistent "ith Sec# ; of this ct# The action plan shall: a* (nclude enforceable emission limitations and other control measures' means or techni-ues' as "ell as schedules and time tables for compliance' as may be necessary or appropriate to meet the applicable re-uirements of this ct+ b* Provide for the establishment and operation of appropriate devices' methods' systems and procedures necessary to monitor' compile and analy$e data on ambient air -uality+ c* (nclude a program to provide for the follo"ing: )5* enforcement of the measures described in subparagraph @aA+ )6* regulation of the modification and construction of any stationary source "ithin the areas covered by the plan' in accordance "ith land use policy to ensure that ambient air -uality standards are achieved+ d* Contain ade-uate provisions' consistent "ith the provisions of this ct' prohibiting any source or other types of emissions activity "ithin the country from emitting any air pollutant in amounts "hich "ill significantly contribute to the non-attainment or "ill interfere "ith the maintenance by the 2epartment of any such ambient air -uality standard re-uired to be included in the implementation plan to prevent significant deterioration of air -uality or to protect visibility+ e* (nclude control strategies and control measures to be underta!en "ithin a specified time period' including cost effective use of economic incentives' management strategies' collection action and environmental education and information+ f* 2esignate airsheds+ and g* ll other measures necessary for the effective control and abatement of air pollution#

The adoption of the plan shall clarify the legal effects on the financial' manpo"er and budgetary resources of the affected government agencies' and on the alignment of their programs "ith the plans# (n addition to direct regulations' the plan shall be characteri$ed by a participatory approach to the pollution problem# The involvement of private entities in the monitoring and testing of emissions from mobile and0or stationary sources shall be considered# >i!e"ise' the >4?<s' "ith the assistance from the 2epartment' shall prepare and develop an action plan consistent "ith the (ntegrated ir :uality (mprovement &rame"or! to attain and maintain the ambient air -uality standards "ithin their respective airsheds as provided in Sec# B hereof# The local government units shall develop and submit to the 2epartment a procedure for carrying out the action plan for their .urisdiction# The 2epartment' ho"ever' shall maintain its authority to independently inspect the enforcement procedure adopted# The 2epartment shall have the po"er to closely supervise all or parts of the air -uality action plan until such time the local government unit concerned can assume the function to enforce the standards set by the 2epartment# multi-sectoral monitoring team "ith broad public representation shall be convened by the 2epartment for each >4? to conduct periodic inspections of air pollution sources to assess compliance "ith emission limitations contained in their permits# +ection 9. Airshe9s. - Pursuant to Sec# C of this ct' the designation of airsheds shall be on the basis of' but not limited to' areas "ith similar climate' meteorology and topology "hich affect the interchange and diffusion of pollutants in the atmosphere' or areas "hich share common interest or face similar development programs' prospects or problems#

&or a more effective air -uality management' a system of planning and coordination shall be established and a common action plan shall be formulated for each airshed# To effectively carry out the formulated action plans' a 4overning Board is hereby created' hereinafter referred to as the Board# The Board shall be headed by the Secretary of the 2epartment of ,nvironment and 3atural Resources as chairman# The members shall be as follo"s: a* Provincial 4overnors from areas belonging to the airshed+ b* City0Municipal Mayors from areas belonging to the airshed+ c* representative from each concerned government agency+ d* Representatives from people<s organi$ations+ e* Representatives from non-government organi$ations+ and f* Representatives from the private sector# The Board shall perform the follo"ing functions: a* &ormulation of policies+ b* Preparation of a common action plan+ c* Coordination of functions among its members+ and d* Submission and publication of an annual Report for each airshed# ir :uality Status

?pon consultation "ith appropriate local government authorities' the 2epartment shall' from time to time' revise the designation of airsheds utili$ing eco-profiling techni-ues and underta!ing scientific studies# ,missions trading may be allo"ed among pollution sources "ithin an airshed# +ection !;. )/n/ge5ent of Non7/tt/in5ent Are/s. - The 2epartment shall designate areas "here specific pollutants have already e/ceeded ambient standards as non-attainment areas# The

2epartment shall prepare and implement a program that "ill prohibit ne" sources of e/ceeded air pollutant "ithout a corresponding reduction in e/isting resources# (n coordination "ith other appropriate government agencies' the >4?s shall prepare and implement a program and other measures including relocation' "henever necessary' to protect the health and "elfare of residents in the area# &or those designated as nonattainment areas' the 2epartment' after consultation "ith local government authorities' nongovernment organi$ations )347s*' people<s organi$ations )P7s* and concerned sectors may revise the designation of such areas and e/pand its coverage to cover larger areas depending on the condition of the areas# +ection !!. Air 1u/lit2 Control "echni<ues. - Simultaneous "ith the issuance of the guideline values and standards' the 2epartment' through the research and development program contained in this ct and upon consultation "ith appropriate advisory committees' government agencies and >4?s' shall issue' and from time to time' revise information on air pollution control techni-ues# Such information shall include: )a* Best available technology and alternative methods of prevention' management and control of air pollution+ )b* Best available technology economically achievable "hich shall refer to the technological basis0standards for emission limits applicable to e/isting' direct industrial emitters of nonconventional and to/ic pollutants+ and )c* lternative fuels' processes and operating methods "hich "ill result in the eliminator or significant reduction of emissions# Such information may also include data relating to the cost of installation and operation' energy re-uirements' emission reduction benefits' and environmental impact or the emission control technology#

The issuance of air -uality guideline values' standards and information on air -uality control techni-ues shall be made available to the general public: Provided' That the issuance of information on air -uality control techni-ues shall not be construed as re-uiring the purchase of certain pollution control devices by the public# +ection !2. A5bient Air 1u/lit2 'ui9eline $/lues /n9 +t/n9/r9s. - The 2epartment' in coordination "ith other concerned agencies' shall revie" and or revise and publish annually a list of ha$ardous air pollutants "ith corresponding ambient guideline values and0or standard necessary to protect health and safety' and general "elfare# The initial list and values of the ha$ardous air pollutants shall be as follo"s: )a* &or 3ational Pollutants: mbient ir :uality 4uideline for Criteria >ong Term b

Short Term a Polluta Dg03cm nts Suspended Particulate Matter -TSP c -PM5F Sulfur 2io/idec 3itrogen 6EFd 5HFf 5CF 5HF 6G hours 6G hours F#F; 6G hours F#FC 6G BF =F CF ----

ppm veragi Dg03c pp veragi ng m m ng Time Time

---- 5 yeare ---- 5 yeare F#F 5 year E ---- ----

2io/ide Photochemic al 7/idants s 7$one Carbon Mono/ide 5GF =F

hours F#F; 5 hour ---F#FE C hours ------- ------- ------- ------- ------- 5 year

EH EF 5 hour ---mg03cm 5F B C hours ---mg03cm

>eadg

5#H

---- E 5#F months g

a Ma/imum limits represented by ninety-eight percentile )BCI* values not to be e/ceed more than once a year# b rithmetic mean c S76 and Suspended Particulate matter are sampled once every si/ days "hen using the manual methods# minimum of t"elve sampling days per -uarter of fortyeight sampling days each year is re-uired for these methods# 2aily sampling may be done in the future once continuous analy$ers are procured and become available# d >imits for Total Suspended Particulate Matter "ith mass median diameter less than 6H-HF um# e nnual 4eometric Mean f Provisional limits for Suspended Particulate Matter "ith mass median diameter less than 5F microns and belo"

until sufficient monitoring data are gathered to base a proper guideline# g ,valuation of this guideline is carried out for 6G-hour averaging time and averaged over three moving calendar months# The monitored average value for any three months shall not e/ceed the guideline value# )b* &or 3ational mbient ir :uality Standards for Source Specific ir Pollutants from (ndustrial Sources07perations: Pollutants Concentratio verag Method of 5 n6 ing nalysis0 time MeasurementE )min#* D03c ppm m 5# 6FF mmonia 6# Carbon EF 2isulfide E# 5FF Chlorine and Chlorine Compoun ds e/pressed as Cl6 F#6C EF 3esseleri$ation0 (ndo Phenol Tischer Method

F#F5

EF

F#FE

Methyl 7range

G# &ormalde hyde

HF

F#FG

EF

Chromotropic acid Method or MBTH Colorimetric Method Jolhard Titration "ith (odine Solution Methylene Blue

H# 6FF5 F#5E Hydrogen FF Chloride =# Hydrogen Sulfide ;# >ead C# 3itrogen 2io/ide 6F E;H' 6=F F#F;

EF

EF

EF F#6F' EF'=F F#5G

Sc 4reiss- Salt$man

B# Phenol 5FF

F#FE

EF

Gminoantiphyrine ColorimetricPararosaniline 4ravimetric

5F# Sulfur G;F' 2io/ide EGF 55# EFF Suspende d Particulat e Matter-

F#5C' EF'=F F#5E ---=F

TSP 5 Pertinent ambient standards for ntimony' rsenic' Cadmium' sbestos' 3itric cid and Sulfuric cid Mists in the 5B;C 3PCC Rules and Regulations may be considered as guides in determining compliance# 6 3inety-eight percentile )BCI* values of EF-minute sampling measured at 6HFC and one atmosphere pressure# E 7ther e-uivalent methods 2epartment may be used# approved by the

The basis in setting up the ambient air -uality guideline values and standards shall reflect' among others' the latest scientific !no"ledge including information on: a* Jariable' including atmospheric conditions' "hich of themselves or in combination "ith other factors may alter the effects on public health or "elfare of such air pollutant+ b* The other types of air pollutants "hich may interact "ith such pollutant to produce an adverse effect on public health or "elfare+ and c* The !ind and e/tent of all identifiable effects on public health or "elfare "hich may be e/pected from presence of such pollutant in the ambient air' in varying -uantities# The 2epartment shall base such ambient air -uality standards on 9orld Health 7rgani$ation )9H7* standards' but shall not be limited to nor be less stringent than such standards# +ection !3. E5ission Ch/rge +2ste5. - The 2epartment' in case of industrial dischargers' and the 2epartment of Transportation and Communication )27TC*' in case of motor vehicle dischargers' shall' based on environmental techni-ues' design' impose on and collect regular emission fees from said dischargers as part of the emission

permitting system or vehicle registration rene"al system' as the case may be# The system shall encourage the industries and motor vehicles to abate' reduce' or prevent pollution# The basis of the fees include' but is not limited to' the volume and to/icity of any emitted pollutant# (ndustries' "hich shall install pollution control devices or retrofit their e/isting facilities "ith mechanisms that reduce pollution shall be entitled to ta/ incentives such as but not limited total credits and0or accelerated depreciation deductions# +ection !4. Air 1u/lit2 )/n/ge5ent (un9. - n ir :uality Management &und to be administered by the 2epartment as a special account in the 3ational Treasury is hereby established to finance containment' removal' and clean-up operations of the 4overnment in air pollution cases' guarantee restoration of ecosystems and rehabilitate areas affected by the acts of violators of this ct' to support research' enforcement and monitoring activities and capabilities of the relevant agencies' as "ell as to provide technical assistance to the relevant agencies# Such fund may li!e"ise be allocated per airshed for the underta!ings herein stated# The &und shall be sourced from the fines imposed and damages a"arded to the Republic of the Philippines by the Pollution d.udication Board )P B*' proceeds of licenses and permits issued by the 2epartment under this ct' emission fees and from donations' endo"ments and grants in the forms of contributions# Contributions to the &und shall be e/empted from donor ta/es and all other ta/es' charges or fees imposed by the 4overnment# +ection !6. Air Pollution Rese/rch /n9 &evelop5ent Progr/5. - The 2epartment' in coordination "ith the 2epartment of Science and Technology )27ST*' other agencies' the private sector' the academe' 347<s and P7<s' shall establish a 3ational Research and 2evelopment Program for the prevention and control of air pollution# The 2epartment shall give special emphasis to research on and the development of improved methods having industry-"ide application for the prevention and control of air pollution#

Such a research and development program shall develop air -uality guideline values and standards in addition to internationally-accepted standards# (t shall also consider the socio-cultural' political and economic implications of air -uality management and pollution control# Article "4o Air Pollution Cle/r/nces /n9 Per5its for +t/tion/r2 +ources +ection !8. Per5its. - Consistent "ith the provisions of this ct' the 2epartment 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 -uality standards# These permits shall serve as management tools for the >4?s in the development of their action plan# +ection !7. E5ission 1uot/s. - The 2epartment may allo" each regional industrial center that is designated as special airshed to allocate emission -uotas to pollution sources "ithin its .urisdiction that -ualify under an environmental impact assessment system programmatic compliance program pursuant to the implementing rules and regulations of Presidential 2ecree 3o# 5HC=# +ection !8. (in/nci/l ,i/bilit2 for Environ5ent/l Reh/bilit/tion. - s part of the environmental management plan attached to the environmental compliance certificate pursuant to Presidential 2ecree 3o# 5HC= and rules and regulations set therefor' the 2epartment shall re-uire program and pro.ect proponents to put up financial guarantee mechanisms to finance the needs for emergency response' clean-up rehabilitation of areas that may be damaged during the program or pro.ect<s actual implementation# >iability for damages shall continue even after the termination of a program or pro.ect' "here such damages are clearly attributable to that program or pro.ect and for a definite period to be determined by

the 2epartment and incorporated into the environmental compliance certificate# &inancial liability instruments may be in the form a trust fund' environmental insurance' surety bonds' letters of credit' as "ell as self-insurance# The choice of the guarantee instruments shall furnish the 2epartment "ith evidence of availment of such instruments# Article "hree Pollution fro5 +t/tion/r2 +ources +ection !9. Pollution (ro5 +t/tion/r2 +ources. - The 2epartment shall' "ithin t"o )6* years from the effectivity of this ct' and every t"o )6* years thereafter' revie"' or as the need therefore arises' revise and publish emission standards' to further improve the emission standards for stationary sources of air pollution# Such emission standards shall be based on mass rate of emission for all stationary source of air pollution based on internationally accepted standards' but not be limited to' nor be less stringent than such standards and "ith the standards set forth in this section# The standards' "hichever is applicable' shall be the limit on the acceptable level of pollutants emitted from a stationary source for the protection of the public<s health and "elfare# 9ith respect to any trade' industry' process and fuel-burning e-uipment or industrial plant emitting air pollutants' the concentration at the point of emission shall not e/ceed the follo"ing limits: Pollutants Standard pplicable to Source Ma/imu m Permissi ble >imits )mg03c m* Method of nalysisa

5# ntimony and (ts compounds 6# rsenic and its compounds E# Cadmium and its compounds G# Carbon Mono/ide H# Copper and its Compounds =# Hydrofluoric cids and &luoride compounds ;# Hydrogen Sulfide

ny source

5F as Sb

Sb

ny source

5F as s

Sb

ny source

5F as Cd

Sb

ny industrial Source ny industrial source

HFF as C7 5FF a/ Cu

7rsat analysis

Sb

ny source other than the manufacture of luminum from lumina i* 4eothermal Po"er Plants ii* 4eothermal ,/ploration and "ell-testing iii* ny source

HF as H& Titration "ith mmonium Thiocyanate

c#d e ; as H6S

Cadmium Sulfide Method Cadmium Sulfide

other than )i* and )ii* C# >ead ny trade' industry or process ny Source 5F as Pb

Method

Sb

B# Mercury

H as element al Hg

Sb0ColdJapor Techni-ue or Hg naly$er Sb

5F# 3ic!el and its compounds' e/cept 3ic!el Carbonylf 55# 37/

ny source

6F as 3i

i* Manufacture of 6'FFF as Phenol3itric cid acid and disulfonic acid 37/ and Method calculate d as 376 ii* &uel burning steam generators ,/isting Source 3e" Source K Coal-&ired 5'HFF as Phenol376 disulfonic acid Method 5'FFF as 376

K 7il-&ired iii* ny source other than )i* adn )ii* ,/isting Source 3e" Source

HFF as 376 5FFF as 376 HFF as 376

Phenoldisulfonic acid Method

56# Phosphorus Pento/ideg 5E# Linc and its Compounds

ny source

6FF as P67H 5FF as Ln

Spectrophoto metry

ny source

Sb

a 7ther e-uivalent methods approved by the 2epartment may be used# b tomic bsorption Spectrophometry c ll ne" geothermal po"er plants starting construction by F5 Manuary 5BBH shall control HsS emissions to not more than 5HFg04M9-Hr d ll e/isting geothermal po"er plants shall control HsS emissions to not more than 6FFg04M9-Hr# "ithin H years from the date of efectivity of these revised regulations# e Best practicable control technology for air emissions and li-uid discharges# Compliance "ith air and "ater -uality standards is re-uired#

f ,mission limit of 3ic!el Carbonyl shall not e/ceed F#H mg03cm# g Provisional 4uideline

Provided' That the ma/imum limits in mg0ncm particulates in said sources shall be:
5 &uel Burning # ,-uipment a* ?rban or 5HF (ndustrial rea mg03cm b* 7ther rea 6FF mg03cm

6 Cement Plants 5HF # )8ilns' etc#* mg03cm E Smelting &urnaces 5HF # mg03cm G 7ther Stationary 6FF # Sourcesa mg03cm a 7ther Stationary Sources means a trade' process' industrial plant' or fuel burning e-uipment other than thermal po"er plants' industrial boilers' cement plants' incinerators and smelting furnaces#

Provided' &urther' That the ma/imum limits for sulfur o/ides in said sources shall be:
)5* ,/isting Sources

)i* Manufacture of 6#Fgm#3cm Sulfuric cid and as S7E Sulf)on*ation Process )ii* &uel ,-uipment )iii* 7ther Sourcesa )6* 3e" Sources )i* Manufacture of 5#H gm#3cm Sulfuric cid and as S7E Sulf)on*ation Process )ii* &uel ,-uipment )iii* 7ther Sourcesa Burning F#; gm#3cm as S76 Stationary F#6 gm#3cm as S7E burning 5#Hgm#3cm as S76 Stationary 5#Fgm#3cm as S7E

a 7ther Stationary Sources refer to e/isting and ne" stationary sources other than those caused by the manufacture of sulfuric acid and sulfonation process' fuel burning e-uipment and incineration#

&or stationary sources of pollution not specifically included in the immediately preceding paragraph' the follo"ing emission standards shall not be e/ceeded in the e/haust gas: (# 2aily nd Half Hourly verage Jalues 2aily Half verag Hourly e verage Jalues Jalues Total dust 4aseous and vaporous organic substances' e/pressed as total organic carbon Hydrogen chloride )HCl* Hydrogen fluoride )H&* Sulfur dio/ide )S76* 5F EF mg0mE mg0mE 5F mg0mE 5F mg0mE 5 mg0mE HF mg0mE 6F mg0mE =F mg0mE G mg0mE 6FF mg0mE

3itrogen mono/ide )37* and 3itrogen dio/ide )376*' e/pressed as nitrogen 6FF GFF dio/ide for incineration plants mg0mE mg0mE "ith a capacity e/ceeding E tonnes per hour 3itrogen mono/ide )37* and nitrogen

dio/ide )376*' e/pressed as nitrogen EFF dio/ide for incineration plants mg0mE "ith a capacity of E tonnes per hour or less mmonia 5F 6F mg0mE mg0mE

((# ll the verage Jalues 7ver the Sample Period of a Minimum of G and Ma/imum of C Hours# Cadmium and its compounds' total e/pressed as cadmium )Cd* F#FH Thallium and its compounds' mg0mE e/pressed as thallium )Tl* Mercury and its Compounds' F#FH e/pressed as mercury )Hg* mg0mE ntimony and its compounds' e/pressed as antimony )Sb* rsenic and its compounds' e/pressed total F#H as arsenic ) s* mg0mE >ead and its compounds' e/pressed as lead ) Pb* Chromium and its compounds' e/pressed as chromium )Cr*

Cobalt and its compounds' e/pressed as cobalt )Co* Copper and its compounds' e/pressed as copper )Cu* Manganese and its compounds' e/pressed as manganese )Mn* 3ic!el and its compounds' e/pressed as nic!el )3i* Janadium and its compounds' e/pressed as vanadium )J* Tin and its compounds' e/pressed as tin )Sn* These average values cover also gaseous and the vapor forms of the relevant heavy metal emission as "ell as their compounds: Provided' That the emission of dio/ins and furans into the air shall be reduced by the most progressive techni-ues: Provided' &urther' That all average of dio/in and furans measured over the sample period of a minimum of H hours and ma/imum of C hours must not e/ceed the limit value of F#5 nanogram0mE# Pursuant to Sec# C of this ct' the 2epartment shall prepare a detailed action plan setting the emission standards or standards of performance for any stationary source the procedure for testing emissions for each type of pollutant' and the procedure for enforcement of said standards# ,/isting industries' "hich are proven to e/ceed emission rates established by the 2epartment in consultation "ith sta!eholders' after

a thorough' credible and transparent measurement process shall be allo"ed a grace period of eighteen )5C* months for the establishment of an environmental management system and the installation of an appropriate air pollution control device : Provided' That an e/tension of not more than t"elve )56* months may be allo"ed by the 2epartment on meritorious grounds# +ection 2;. 0/n on %nciner/tion. - (ncineration' hereby defined as the burning of municipal' biomedical and ha$ardous "aste' "hich process emits poisonous and to/ic fumes is hereby prohibited+ Provided' ho"ever' That the prohibition shall not apply to traditional small-scale method of community0neighborhood sanitation %siga%' traditional' agricultural' cultural' health' and food preparation and crematoria+ Provided' &urther' That e/isting incinerators dealing "ith a biomedical "astes shall be out "ithin three )E* years after the effectivity of this ct+Provided' &inally' that in the interim' such units shall be limited to the burning of pathological and infectious "astes' and sub.ect to close monitoring by the 2epartment# >ocal government units are hereby mandated to promote' encourage and implement in their respective .urisdiction a comprehensive ecological "aste management that includes "aste segregation' recycling and composting# 9ith due concern on the effects of climate change' the 2epartment shall promote the use of state-of-the-art' environmentally-sound and safe non-burn technologies for the handling' treatment' thermal destruction' utili$ation' and disposal of sorted' unrecycled' uncomposted' biomedical and ha$ardous "astes# Article (our Pollution fro5 )otor $ehicles +ection 2!. Pollution fro5 )otor $ehicles. - a* The 27TC shall implement the emission standards for motor vehicles set pursuant to and as provided in this ct# To further improve the emission standards' the 2epartment shall revie"' revise and publish the

standards every t"o )6* years' or as the need arises# (t shall consider the ma/imum limits for all ma.or pollutants to ensure substantial improvement in air -uality for the health' safety and "elfare of the general public# The follo"ing emission standards for type approval of motor vehicles shall be effective by the year 6FFE: a* &or light duty vehicles' the e/haust emission limits for gaseous pollutants shall be: ,mission >imits for >ight 2uty Jehicles Type pproval )2irective B50GG50,,C* C7 )g0!m* 6#;6 HC N 37/ )g0!m* F#B;F#5G PMa )g0!m*

a for compression-ignition engines only b* &or light commercial vehicles' the e/haust emission limit of gaseous pollutants as a function of the given reference mass shall be: ,mission >imits for >ight Commercial Jehicles Type pproval )2irective BE0HB0,,C* Reference C7 HC N PMa )g0! 9eight )R9* )g0! 37/)g0 m* )!g* m* !m* Category 56HFO R9 5 6#;6 F#B; F#5G

Category 56HFO 6 R9O5;FF Category R9P5;FF E

H#5; 5#G =#B 5#;

F#5B F#6H

a for compression-ignition engines only c* &or heavy duty vehicles' the e/haust emission limits of gaseous pollutants shall be: ,mission >imits for Heavy 2uty Jehicles Type pproval )2irective B50HG60,,C* C7 )g0!09h* G#H HC )g0!09h* 5#5 37/ )g0!09h* C#F PM )g0!09h* F#E=a

a (n the case of engines of CH !9 or less' the limit value for particular emissions in increased by multiplying the -uoted limit by a coefficient of 5#; &uel evaporative emission for spar!-ignition engines shall not e/ceed 6#F grams hydrocarbons per test# >i!e"ise' it shall not allo" any emission of gases from cran!case ventilation system into the atmosphere# b* The 2epartment' in collaboration "ith the 27TC' 2T( and >4?s' shall develop an action plan for the control and management of air pollution from motor vehicles consistent "ith the (ntegrated ir :uality &rame"or!# The 27TC shall enforce compliance "ith the emission standards for motor vehicles set by the 2epartment# The

27TC may deputi$e other la" enforcement agencies and >4?s for this purpose# To this end' the 27TC shall have the po"er to: )5* (nspect and monitor the emissions of motor vehicles+ )6* Prohibit or en.oin the use of motor vehicles or a class of motor vehicles in any area or street at specified times+ and )E* uthori$e private testing emission testing centers duly accredited by the 2T(# c* The 27TC' together "ith the 2T( and the 2epartment' shall establish the procedures for the inspection of motor vehicles and the testing of their emissions for the purpose of determining the concentration and0or rate of pollutants discharged by said sources# d* (n order to ensure the substantial reduction of emissions from motor vehicles' the 2epartment of Trade and (ndustry )2T(*' together "ith the 27TC and the 2epartment shall formulate and implement a national motor vehicle inspection and maintenance program that "ill promote efficient and safe operation of all motor vehicles# (n this regard' the 2T( shall develop and implement standards and procedures for the certification of training institutions' instructors and facilities and the licensing of -ualified private service centers and their technicians as prere-uisite for performing the testing' servicing' repair and the re-uired ad.ustment to the vehicle emission system# The 2T( shall li!e"ise prescribe regulations re-uiring the disclosure of odometer readings and the use of tamper-resistant odometers for all motor vehicles including tamper-resistant fuel management systems for the effective implementation of the inspection and maintenance program# +ection 22. Regul/tion of All )otor $ehicles /n9 Engines . ny imported ne" or locally-assembled ne" motor vehicle shall not be registered unless it complies "ith the emission standards set pursuant to this ct' as evidenced by a Certificate of Conformity )C7C* issued by the 2epartment#

ny imported ne" motor vehicle engine shall not be introduced into commerce' sold or used unless it complies "ith emission standards set pursuant to this ct# ny imported used motor vehicle or rebuilt motor vehicle using ne" or used engines' ma.or parts or components shall not be registered unless it complies "ith the emission standards# (n case of non-compliance' the importer or consignee may be allo"ed to modify or rebuild the vehicular engine so it "ill be in compliance "ith applicable emission standards# 3o motor vehicle registration )MJR* shall be issued unless such motor vehicle passes the emission testing re-uirement promulgated in accordance "ith this ct# Such testing shall be conducted by the 27TC or its authori$ed inspection centers "ithin si/ty )=F* days prior to date of registration# The 2T( shall promulgate the necessary regulations prescribing the useful life of vehicles and engines including devices in order to ensure that such vehicles "ill conform to the emissions "hich they "ere certified to meet# These regulations shall include provisions for ensuring the durability of emission devices# +ection 23. +econ97*/n9 )otor $ehicle Engines. ny imported second-hand motor vehicle engine shall not be introduced into commerce' sold or used unless it complies "ith emission standards set pursuant to this ct# Article (ive Pollution fro5 #ther +ources +ection 24. Pollution fro5 s5o:ing. - Smo!ing inside a public building or an enclosed public place including public vehicles and other means of transport or in any enclosed area outside of one1s private residence' private place of "or! or any duly designated smo!ing area is hereby prohibited under this ct# This provision shall be implemented by the >4?s#

+ection 26. Pollution fro5 other 5obile sources. - The 2epartment' in coordination "ith appropriate agencies' shall formulate and establish the necessary standards for all mobile sources other than those referred to in Sec# 65 of this ct# The imposition of the appropriate fines and penalties from these sources for any violation of emission standards shall be under the .urisdiction of the 27TC# Ch/pter 3 (uels A99itives +ubst/nces /n9 Pollut/nts Article #ne (uels A99itives /n9 +ubst/nces +ection 28. (uels /n9 A99itives. - Pursuant to the ir :uality &rame"or! to be established under Section ; of this ct' the 2epartment of ,nergy )27,*' co-chaired by the 2epartment of ,nvironment and 3atural Resources )2,3R*' in consultation "ith the Bureau of Product Standards )BPS* of the 2T(' the 27ST' the representatives of the fuel and automotive industries' academe and the consumers shall set the specifications for all types of fuel and fuel-related products' to improve fuel composition for increased efficiency and reduced emissions: Provided' ho"ever' that the specifications for all types of fuel and fuel-related products set-forth pursuant to this section shall be adopted by the BPS as Philippine 3ational Standards )P3S*# The 27, shall also specify the allo"able content of additives in all types of fuels and fuel-related products# Such standards shall be based primarily on threshold levels of health and research studies# 7n the basis of such specifications' the 27, shall li!e"ise limit the content or begin that phase-out of additives in all types of fuels and fuel-related products as it may deem necessary# 7ther agencies involved in the performance of this function shall be re-uired to coordinate "ith the 27, and transfer all documents and information necessary for the implementation of this provision#

Consistent "ith the provisions of the preceding paragraphs under this section' it is declared that: a* not later than eighteen )5C* months after the effectivity of this ct' no person shall manufacture' import' sell' supply' offer for sale' dispense' transport or introduce into commerce unleaded premium gasoline fuel "hich has an anti-!noc! inde/ ) 8(* of not less that C;#H and Reid vapor pressure of not more than B psi# 9ithin si/ )=* months after the effectivity of this ct' unleaded gasoline fuel shall contain aromatics not to e/ceed forty-five percent )GHI* by volume and ben$ene not to e/ceed four percent )GI* by volume+Provided' that by year 6FFE' unleaded gasoline fuel should contain aromatics not to e/ceed thirty-five percent )EHI* by volume and ben$ene not to e/ceed t"o percent )6I* by volume+ b* not later than eighteen )5C* months after the effectivity of this ct' no person shall manufacture' import' sell' supply' offer for sale' dispense' transport or introduce into commerce automotive diesel fuel "hich contains a concentration of sulfur in e/cess of F#6FI by "eight "ith a cetane number of inde/ of not less than forty-eight )GC*: Provided' That by year 6FFG' content of said sulfur shall be F#FHI by "eight+ and c* not later than eighteen )5C* months after the effectivity of this ct' no Person shall manufacture' import' sell' supply' offer for sale' dispense' transport or introduce into commerce industrial diesel fuel "hich contains a concentration of sulfur in e/cess of F#EFI )by "eight*# ,very t"o )6* years thereafter or as the need arises' the specifications of unleaded gasoline and of automotive and industrial diesel fuels shall be revie"ed and revised for further improvement in formulation and in accordance "ith the provisions of this ct# The fuels characteri$ed above shall be commercially available# >i!e"ise' the same shall be the reference fuels for emission and

testing procedures to be established in accordance "ith the provisions of this ct# ny proposed additive shall not in any "ay increase emissions of any of the regulated gases "hich shall include' but not limited to carbon mono/ide' hydrocarbons' and o/ides of nitrogen and particulate matter' in order to be approved and certified by the 2epartment# +ection 27. Regul/tion of (uels /n9 (uel A99itives . - The 27,' in coordination "ith the 2epartment and the BPS' shall regulate the use of any fuel or fuel additive# 3o manufacturer' processor or trader of any fuel or additive may import' sell' offer for sale' or introduce into commerce such fuel for additive unless the same has been registered "ith the 27,# Prior to registration' the manufacturer' processor or trader shall provide the 27, "ith the follo"ing relevant information: a* Product identity and composition to determine the potential health effects of such fuel additives+ b* 2escription of the analytical techni-ue that can be used to detect and measure the additive in any fuel+ c* Recommended range of concentration+ and d* Purpose in the use of the fuel and additive# +ection 28. )isfueling. - (n order to prevent the disabling of any emission control device by lead contamination' no person shall introduce or cause or allo" the introduction of leaded gasoline into any motor vehicle e-uipped "ith a gasoline tan! filler inlet and labeled %unleaded gasoline only%# This prohibition shall also apply to any person "ho !no"s or should !no" that such vehicle is designed solely for the use of unleaded gasoline# +ection 29. Prohibition on )/nuf/cture %5port /n9 +/le of le/9e9 '/soline /n9 of Engines /n9=or Co5ponents Re<uiring ,e/9e9 '/soline. - ,ffective not later than eighteen )5C* months after the enactment of this ct' no person shall

manufacture' import' sell' offer for sale' introduce into commerce' convey or other"ise dispose of' in any manner' leaded gasoline and engines and components re-uiring the use of leaded gasoline# &or e/isting vehicles' the 2T( shall formulate standards and procedures that "ill allo" non-conforming engines to comply "ith the use of unleaded fuel "ithin five)H* years after the effectivity of this ct# Article "4o #ther Pollut/nts +ection 3;. #>one7&epleting +ubst/nces. - Consistent "ith the terms and conditions of the Montreal Protocol on Substances that 2eplete the 7$one >ayer and other international agreements and protocols to "hich the Philippines is a signatory' the 2epartment shall phase out o$one-depleting substances# 9ithin si/ty )=F* days after the enactment of this ct' the 2epartment shall publish a list of substances "hich are !no"n to cause harmful effects on the stratospheric o$one layer# +ection 3!. 'reenhouse '/ses. - The Philippine 4eophysical and stronomical Service tmospheric'

dministration )P 4 S * shall regularly monitor meteorological factors affecting environmental conditions including o$one depletion and greenhouse gases and coordinate "ith the 2epartment in order to effectively guide air pollution monitoring and standard-setting activities# The 2epartment' together "ith concerned agencies and local government units' shall prepare and fully implement a national plan consistent "ith the ?nited 3ations &rame"or! Convention on Climate Change and other international agreements' conventions and protocols on the reduction of greenhouse gas emissions in the country#

+ection 32. Persistent #rg/nic Pollut/nts. - The 2epartment shall' "ithin a period of t"o )6* years after the enactment of this ct' establish an inventory list of all sources of Persistent 7rganic Pollutants )P7Ps* in the country# The 2epartment shall develop shortterm and long-term national government programs on the reduction and elimination of P7Ps such as dio/ins and furans# Such programs shall be formulated "ithin a year after the establishment of the inventory list# +ection 33. R/9io/ctive E5issions. - ll pro.ects "hich "ill involve the use of atomic and0or nuclear energy' and "ill entail release and emission of radioactive substances into the environment' incident to the establishment or possession of nuclear energy facilities and radioactive materials' handling' transport' production' storage' and use of radioactive materials' shall be regulated in the interest of public health and "elfare by the Philippine 3uclear Research (nstitute )P3R(*' in coordination "ith 2epartment and other appropriate government agencies# Ch/pter 4 %nstitution/l )ech/nis5 +ection 34. ,e/9 Agenc2. - The 2epartment' unless other"ise provided herein' shall be the primary government agency responsible for the implementation and enforcement of this ct# To be more effective in this regard' The 2epartment1s ,nvironmental Management Bureau ),MB* shall be converted from a staff bureau to a line bureau for a period of no more than t"o )6* years' unless a separate' comprehensive environmental management agency is created# +ection 36. ,in:/ge )ech/nis5. - The 2epartment shall consult' participate' cooperate and enter into agreement "ith other government agencies' or "ith affected non-governmental )347s* or people1s organi$ations )P7s*'or private enterprises in the furtherance of the ob.ectives of this ct#

+ection 38. Role of ,oc/l 'overn5ent -nits. - >ocal 4overnment ?nits )>4?s* shall share the responsibility in the management and maintenance of air -uality "ithin their territorial .urisdiction# Consistent "ith Sections ;' C and B of this ct' >4?s shall implement air -uality standards set by the Board in areas "ithin their .urisdiction+Provided' ho"ever' That in case "here the board has not been duly constituted and has not promulgated its standards' the standards set forth in this ct shall apply# The 2epartment shall provide the >4?s "ith technical assistance' trainings and a continuing capability-building program to prepare them to underta!e full administration of the air -uality management and regulation "ithin their territorial .urisdiction# +ection 37. Environ5ent/l /n9 N/tur/l Resources #ffice . There may be established an ,nvironment and 3atural Resources 7ffice in every province' city' or municipality "hich shall be headed by the environment and natural resources officer and shall be appointed by the Chief ,/ecutive of every province' city or municipality in accordance "ith the provisions of Section GCG of Republic ct 3o# ;5=F# (ts po"ers and duties' among others' are: a* To prepare comprehensive air -uality management programs' plans and strategies "ithin the limits set forth in Republic act# 3o# ;5=F and this ct "hich shall be implemented "ithin its territorial .urisdiction upon the approval of the sanggunian+ b* To provide technical assistance and support to the governor or mayor' as the case may be' in carrying out measures to ensure the delivery of basic services and the provision of ade-uate facilities relative to air -uality+ c* To ta!e the lead in all efforts concerning air -uality protection and rehabilitation+ d* To recommend to the Board air -uality standards "hich shall not e/ceed the ma/imum permissible standards set by rational la"s+

e* To coordinate "ith other government agencies and nongovernmental organi$ations in the implementation of measures to prevent and control air pollution+ and f* ,/ercise such other po"ers and perform such duties and functions as may be prescribed by la" or ordinance: Provided' ho"ever' That in provinces0cities0municipalities "here there are no environment and natural resources officers' the local e/ecutive concerned may designate any of his official and0or chief of office preferably the provincial' city or municipal agriculturist' or any of his employee: Provided' &inally' That in case an employee is designated as such' he must have sufficient e/perience in environmental and natural resources management' conservation and utili$ation# +ection 38. Recor97:eeping %nspection )onitoring /n9 Entr2 b2 the &ep/rt5ent. - The 2epartment or its duly accredited entity shall' after proper consultation and notice' re-uire any person "ho o"ns or operates any emissions source or "ho is sub.ect to any re-uirement of this ct to: )a* establish and maintain relevant records+ )b* ma!e relevant reports+ )c* install' use and maintain monitoring e-uipment or methods+ )d* sample emission' in accordance "ith the methods' locations' intervals and manner prescribed by the 2epartment+ )e* !eep records on control e-uipment parameters' production variables or other indirect data "hen direct monitoring of emissions is impractical+ and )f* provide such other information as the 2epartment may reasonably re-uire# Pursuant to this ct' the 2epartment' through its authori$ed representatives' shall have the right of:

)a* entry or access to any premises including documents and relevant materials as referred to in the herein preceding paragraph+ )b* inspect any pollution or "aste source' control device' monitoring e-uipment or method re-uired+ and )c* test any emission# ny record' report or information obtained under this section shall be made available to the public' e/cept upon a satisfactory sho"ing to the 2epartment by the entity concerned that the record' report or information' or parts thereof' if made public' "ould divulge secret methods or processes entitled to protection as intellectual property# Such record' report or information shall li!e"ise be incorporated in the 2epartment1s industrial rating system# +ection 39. Public E9uc/tion /n9 %nfor5/tion C/5p/ign. continuing air -uality information and education campaign shall promoted by the 2epartment' the 2epartment of ,ducation' Culture and Sports )2,CS*' the 2epartment of the (nterior and >ocal 4overnment )2(>4*' the 2epartment of griculture )2 * and the Philippine (nformation gency )P( *# Consistent "ith Sec# ; of this ct' such campaign shall encourage the participation of other government agencies and the private sector including 347s' P7s' the academe' environmental groups and other private entities in a multisectoral information campaign# Ch/pter 6 Actions +ection 4;. A95inistr/tive Action. - 9ithout pre.udice to the right of any affected person to file an administrative action' the 2epartment shall' on its o"n instance or upon verified complaint by any person' institute administrative proceedings against any person "ho violates: )a* Standards or limitation provided under this ct+ or

)b* ny order' rule or regulation issued by the 2epartment "ith respect to such standard or limitation# +ection 4!. Citi>en +uits. - &or purposes of enforcing the provisions of this ct or its implementing rules and regulations' any citi$en may file an appropriate civil' criminal or administrative action in the proper courts against: )a* ny person "ho violates or fails to comply "ith the provisions of this ct or its implementing rules and regulations+ or )b* The 2epartment or other implementing agencies "ith respect to orders' rules and regulations issued inconsistent "ith this ct+ and0or )c* ny public officer "ho "illfully or grossly neglects the performance of an act specifically en.oined as a duty by this ct or its implementing rules and regulations+ or abuses his authority in the performance of his duty+ or' in any manner' improperly performs his duties under this ct or its implementing rules and regulations: Provided' ho"ever' That no suit can be filed until thirty-day )EF* notice has been ta!en thereon# The court shall e/empt such action from the payment of filing fees' e/cept fees for actions not capable of pecuniary estimations' and shall li!e"ise' upon prima facie sho"ing of the non-enforcement or violation complained of' e/empt the plaintiff from the filing of an in.unction bond for the issuance of a preliminary in.unction# 9ithin thirty )EF* days' the court shall ma!e a determination if the compliant herein is malicious and0or baseless and shall accordingly dismiss the action and a"ard attorney1s fees and damages# +ection 42. %n9epen9ence of Action. - The filing of an administrative suit against such person0entity does not preclude the right of any other person to file any criminal or civil action# Such civil action shall proceed independently#

+ection 43. +uits /n9 +tr/tegic ,eg/l Actions Ag/inst Public P/rticip/tion /n9 the Enforce5ent of "his Act . - 9here a suit is brought against a person "ho filed an action as provided in Sec# G5 of this ct' or against any person' institution or government agency that implements this ct' it shall be the duty of the investigating prosecutor or the court' as the case may be' to immediately ma!e a determination not e/ceeding thirty )EF* days "hether said legal action has been filed to harass' ve/' e/ert undue pressure or stifle such legal recourses of the person complaining of or enforcing the provisions of this ct# ?pon determination thereof' evidence "arranting the same' the court shall dismiss the case and a"ard attorney1s fees and double damages# This provision shall also apply and benefit public officers "ho are sued for acts committed in their official capacity' their being no grave abuse of authority' and done in the course of enforcing this ct# +ection 44. ,ien -pon Person/l /n9 %55ov/ble Properties of $iol/tors. - &ines and penalties imposed pursuant to this ct shall be liens upon personal or immovable properties of the violator# Such lien shall' in case of insolvency of the respondent violator' en.oy preference to laborer1s "ages under rticles 66G5 and 66G6 of Republic ct 3o# EC=' other"ise !no"n as the 3e" Civil Code of the Philippines# Ch/pter 8 (ines /n9 Pen/lties +ection 46. $iol/tion of +t/n9/r9s for +t/tion/r2 +ources . &or actual e/ceedance of any pollution or air -uality standards under this ct or its rules and regulations' the 2epartment' through the Pollution d.udication Board )P B*' shall impose a fine of not more than 7ne hundred thousand pesos )P5FF'FFF#FF* for every day of violation against the o"ner or operator of a stationary source until such time that the standards have been complied "ith#

&or purposes of the application of the fines' the P B shall prepare a fine rating system to ad.ust the ma/imum fine based on the violator1s ability to pay' degree of "illfulness' degree of negligence' history of non-compliance and degree of recalcitrance: Provided' That in case of negligence' the first time offender1s ability to pay may li!e"ise be considered by the Pollution d.udication Board: Provided' &urther' That in the absence of any e/tenuating or aggravating circumstances' the amount of fine for negligence shall be e-uivalent to one-half of the fine for "illful violation# The fines herein prescribed shall be increased by at least ten percent )5FI*' every three )E* years to compensate for inflation and to maintain the deterrent function of such fines# (n addition to the fines' the P B shall order closure' suspension of development' construction' or operations of the stationary sources until such time that proper environmental safeguards are put in place: Provided' That an establishment liable for a third offense shall suffer permanent closure immediately# This paragraph shall be "ithout pre.udice to the immediate issuance of an e/ parte order for such closure' suspension of development or construction' or cessation of operations during the pendency of the case upon prima facie evidence that their is imminent threat to life' public health' safety or general "elfare' or to plant or animal life' or "henever there is an e/ceedance of the emission standards set by the 2epartment and0or the Board and0or the appropriate >4?# +ection 48. $iol/tion of +t/n9/r9s for )otor $ehicles . - 3o motor vehicle shall be registered "ith the 27TC unless it meets the emission standards set by the 2epartment as provided in Sec# 65 hereof# ny vehicle suspected of violation of emission standards through visual signs' such as' but not limited to smo!e-belching' shall be sub.ected to an emission test by a duly authori$ed emission testing center# &or this purpose' the 27TC or its authori$ed testing center

shall establish a roadside inspection system# Should it be sho"n that there "as no violation of emission standards' the vehicle shall be immediately released# 7ther"ise' a testing result indicating an e/ceedance of the emission standards "ould "arrant the continuing custody of the impounded vehicle unless the appropriate penalties are fully paid' and the license plate is surrendered to the 27TC pending the fulfillment of the underta!ing by the o"ner0operator of the motor vehicle to ma!e the necessary repairs so as to comply "ith the standards# pass shall herein be issued by the 27TC to authori$e the use of the motor vehicle "ithin a specified period that shall not e/ceed seven );* days for the sole purpose of ma!ing the necessary repairs on the said vehicle# The o"ner0operator of the vehicle shall be re-uired to correct its defects and sho" proof of compliance to the appropriate pollution control office before the vehicle can be allo"ed to be driven on any public or subdivision roads# (n addition' the driver and operator of the apprehended vehicle shall undergo a seminar on pollution control management conducted by the 27TC and shall also suffer the follo"ing penalties: a* &irst 7ffense - a fine not to e/ceed T"o Thousand Pesos )P6'FFF#FF*+ b* Second 7ffense - a fine not less than T"o Thousand Pesos )P6'FFF#FF* and not to e/ceed &our Thousand Pesos )PG'FFF#FF*+ and c* Third offense - one )5* year suspension of the Motor Jehicle Registration )MJR* and a fine of not less than &our Thousand Pesos )PG'FFF#FF* and not more than Si/ thousand pesos )P='FFF#FF*# ny violation of the provisions of Sec# 65 paragraph )d* "ith regard to national inspection and maintenance program' including technicians and facility compliance shall penali$ed "ith a fine of not less than Thirty Thousand Pesos )PEF'FFF#FF* or cancellation of license of both the technician and the center' or both' as determined by the 2T(#

ll la" enforcement officials and deputi$ed agents accredited to conduct vehicle emissions testing and apprehensions shall undergo a mandatory training on emission standards and regulations# &or this purpose' the 2epartment' together "ith the 27TC' 2T(' 27ST' Philippine 3ational Police )P3P* and other concerned agencies and private entities shall design a training program# +ection 47. (ines /n9 Pen/lties for $iol/tions of #ther Provisions in the Act. - &or violations of all other provisions provided in this ct and of the rules and regulations thereof' a fine of not less than Ten thousand pesos )P5F'FFF* but not more than 7ne Hundred thousand Pesos )P5FF'FFF* or si/ )=* months to si/ )=* years imprisonment or both shall be imposed# (f the offender is a .uridical person' the president' manager' directors' trustees' the pollution control officer or the officials directly in charge of the operations shall suffer the penalty herein provided# +ection 48. 'ross $iol/tions. - (n case of gross violation of this ct or its implementing rules and regulations' the P B shall recommend to the proper government agencies to file the appropriate criminal charges against the violators# The P B shall assist the public prosecutor in the litigation of the case# 4ross violation shall mean: )a* three )E* or more specific offenses "ithin a period of one )5* year+ )b* three )E* or more specific offenses "ith three )E* consecutive years+ )c* blatant disregard of the orders of the P B' such s but not limited to the brea!ing of seal' padloc!s and other similar devices' or operation despite the e/istence of an order for closure' discontinuance or cessation of operation+ and )d* irreparable or grave damage to the environment as a conse-uence of any violation of the provisions of this ct# 7ffenders shall be punished "ith imprisonment of not less than si/ )=* years but not more than ten )5F* years at the discretion of the

court# (f the offender is a .uridical person' the president' manager' directors' trustees' the pollution control officer or the officials directly in charge of the operations shall suffer the penalty herein provided# Ch/pter 7 (in/l Provisions +ection 49. Potenti/l ,oss or +hifts of E5plo25ent . - The Secretary of >abor is hereby authori$ed to establish a compensation' retraining and relocation program to assist "or!ers laid off due to a company1s compliance "ith the provisions of this ct# +ection 6;. Appropri/tions. - n amount of Seven Hundred &ifty Million Pesos )P;HF'FFF'FFF#FF* shall be appropriated for the initial implementation of this ct' of "hich' the amount of Three Hundred Million Pesos )PEFF'FFF'FFF#FF* shall be appropriated to the 2epartment+ T"o Hundred Million Pesos )P6FF'FFF'FFF#FF* to the 2T(+ 7ne Hundred &ifty Million Pesos )P5HF'FFF'FFF#FF* to the 27TC+ and 7ne Hundred Million Pesos )P5FF'FFF'FFF#FF* to the 27,# Thereafter' the amount necessary to effectively carry out the provisions of this ct shall be included in the 4eneral ppropriations ct# +ection 6!. %5ple5enting Rules /n9 Regul/tions . - The 2epartment' in coordination "ith the Committees on ,nvironment and ,cology of the Senate and House of Representatives' respectively and other agencies' shall promulgate the implementing rules and regulations for this ct' "ithin one )5* year after the enactment of this ct:Provided' That rules and regulations issued by other government agencies and instrumentalities for the prevention and0or abatement of pollution not inconsistent "ith this ct shall supplement the rules and regulations issued by the 2epartment pursuant to the provisions of this ct# +ection 62. Report to Congress. - The 2epartment shall report to Congress' not later than March EF of every year follo"ing the approval of this ct' the progress of the pollution control efforts and

ma!e the necessary recommendations in areas "here there is need for legislative action# +ection 63. Joint Congression/l #versight Co55ittee. - There is hereby created a .oint congressional oversight committee to monitor the implementation of this ct# The committee shall be composed of five )H* senators and five )H* representatives to be appointed by the Senate President and the Spea!er of the House of Representatives' respectively' the oversight committee shall be cochaired by a senator and a representative designated by the Senate President and the Spea!er of the House of Representatives' respectively# The mandate given to the .oint congressional oversight committee under this ct shall be "ithout pre.udice to the performance of the duties and functions by the respective e/isting oversight committees of the Senate and the House of Representatives# +ection 64. +ep/r/bilit2 of Provisions. - (f any provision of this ct or the application of such provision to any person or circumstances is declared unconstitutional' the remainder of the ct or the application of such provision to other person or circumstances shall not be affected by such declaration# +ection 66. Repe/ling Cl/use. - Presidential 2ecree 3o# 55C5 is hereby repealed# Presidential 2ecrees 3os# 55H6' 5HC= and Presidential 2ecree 3o# BCG are partly modified# ll other la"s' orders' issuance' rules and regulations inconsistent here"ith are hereby repealed or modified accordingly# +ection 68. Effectivit2. - This ct shall ta!e effect fifteen )5H* days from the date of its publication in the 7fficial 4a$ette or in at least t"o )6* ne"spapers of general circulation# pproved' June 23 !999.