Republic Act No.

8749 June 23, 1999 (b) Encourage cooperation and self-regulation among citizens and industries through
the application of market-based instruments;
AN ACT PROVIDING FOR A COMPREHENSIVE AIR POLLUTION CONTROL POLICY AND FOR
OTHER PURPOSES (c) Focus primarily on pollution prevention rather than on control and provide for a
comprehensive management program for air pollution;
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:: (d) Promote public information and education and to encourage the participation of an
informed and active public in air quality planning and monitoring; and
Chapter 1
General Provisions (e) Formulate and enforce a system of accountability for short and long-term adverse
environmental impact of a project, program or activity. This shall include the setting up
Article One of a funding or guarantee mechanism for clean-up and environmental rehabilitation
Basic Air Quality Policies and compensation for personal damages.

Section 1. Short Title. - This Act shall be known as the "Philippine Clean Air Act of 1999." Section 4. Recognition of Rights. - Pursuant to the above-declared principles, the following
rights of citizens are hereby sought to be recognized and the State shall seek to guarantee
Section 2. Declaration of Principles. - The State shall protect and advance the right of the their enjoyment:
people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.
(a) The right to breathe clean air;
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 (b) The right to utilize and enjoy all natural resources according to the principles of
environmental problems. sustainable development;

The State recognizes that the responsibility of cleaning the habitat and environment is (c) The right to participate in the formulation, planning, implementation and
primarily area-based. monitoring of environmental policies and programs and in the decision-making
process;
The State also recognizes the principle that "polluters must pay".
(d) The right to participate in the decision-making process concerning development
Finally, the State recognizes that a clean and healthy environment is for the good of all and policies, plans and programs projects or activities that may have adverse impact on the
should, therefore, be the concern of all. environment and public health;

Section 3. Declaration of Policies. - The State shall pursue a policy of balancing development (e) The right to be informed of the nature and extent of the potential hazard of any
and environmental protection. To achieve this end, the frame work for sustainable activity, undertaking or project and to be served timely notice of any significant rise in
development shall be pursued. It shall be the policy of the State to: the level of pollution and the accidental or deliberate release into the atmosphere of
harmful or hazardous substances;
(a) Formulate a holistic national program of air pollution management that shall be
implemented by the government through proper delegation and effective (f) The right of access to public records which a citizen may need to exercise his or her
coordination of functions and activities; rights effectively under this Act;
 (g) The right to bring action in court or quasi-judicial bodies to enjoin all activities in certifying that a particular new vehicle or vehicle type meets the requirements
violation of environmental laws and regulations, to compel the rehabilitation and provided under this Act and its rules and regulations;
cleanup of affected area, and to seek the imposition of penal sanctions against
violators of environmental laws; and f) "Department" means the Department of Environment and Natural Resources;

(h) The right to bring action in court for compensation of personal damages resulting g) "Eco-profile" means the geographic-based instrument for planners and decision-
from the adverse environmental and public health impact of a project or activity. makers which present an evaluation of the environmental quality and carrying capacity
of an area. It is the result of the integration of primary and secondary data and
Article Two information on natural resources and anthropogenic activities on the land which are
Definition of Terms evaluated by various environmental risk assessment and forecasting methodologies
that enable the Department to anticipate the type of development control necessary
Section 5. Definitions. - As used in this Act: in the planning area;

a) "Air pollutant" means any matter found in the atmosphere other than oxygen, h) "Emission" means any air contaminant, pollutant, gas stream or unwanted sound
nitrogen, water vapor, carbon dioxide, and the inert gases in their natural or normal from a known source which is passed into the atmosphere;
concentrations, that is detrimental to health or the environment, which includes but
not limited to smoke, dust, soot, cinders, fly ash, solid particles of any kind, gases, i) "Greenhouse gases" mean those gases that can potentially or can reasonably be
fumes, chemical mists, steam and radio-active substances; expected to induce global warming, which include carbon dioxide, methane, oxides of
nitrogen, chlorofluorocarbons, and the like;
b) "Air pollution" means any alteration of the physical, chemical and biological
properties of the atmospheric air, or any discharge thereto of any liquid, gaseous or j) "Hazardous substances" mean those substances which present either: (1) short-term
solid substances that will or is likely to create or to render the air resources of the acute hazards such as acute toxicity by ingestion, inhalation, or skin absorption,
country harmful, detrimental, or injurious to public health, safety or welfare or which corrosivity or other skin or eye contact hazard or the risk of fire explosion; or (2)
will adversely affect their utilization for domestic, commercial, industrial, agricultural, longterm toxicity upon repeated exposure, carcinogenicity (which in some cases result
recreational, or other legitimate purposes; in acute exposure but with a long latent period), resistance to detoxification process
such as biodegradation, the potential to pollute underground or surface waters;
c) "Ambient air quality guideline values" mean the concentration of air over specified
periods classified as short-term and long-term which are intended to serve as goals or k) "Infectious waste" means that portion of medical waste that could transmit an
objectives for the protection of health and/or public welfare. These values shall be infectious disease;
used for air quality management purposes such as determining time trends, evaluating
stages of deterioration or enhancement of the air quality, and in general, used as basis l) "Medical waste" means the materials generated as a result of patient diagnosis,
for taking positive action in preventing, controlling, or abating air pollution; treatment, or immunization of human beings or animals;

d) "Ambient air quality" means the general amount of pollution present in a broad m) "Mobile source" means any vehicle propelled by or through combustion of carbon-
area; and refers to the atmosphere's average purity as distinguished from discharge based or other fuel, constructed and operated principally for the conveyance of
measurements taken at the source of pollution; persons or the transportation of property goods;

e) "Certificate of Conformity" means a certificate issued by the Department of n) "Motor vehicle" means any vehicle propelled by a gasoline or diesel engine or by
Environment and Natural Resources to a vehicle manufacturer/assembler or importer any means other than human or animal power, constructed and operated principally
for the conveyance of persons or the transportation of property or goods in a public v) "Pollution control technology" means the pollution control devices, production
highway or street open to public use; process, fuel combustion processes or other means that effectively prevent or reduce
emissions or effluent;
o) "Municipal waste" means the waste materials generated from communities within a
specific locality; w) "Standard of performance" means a standard for emissions of air pollutant which
reflects the degree of emission limitation achievable through the application of the
p) "New vehicle" means a vehicle constructed entirely from new parts that has never best system of emission reduction, taking into account the cost of achieving such
been sold or registered with the DOTC or with the appropriate agency or authority, reduction and any non-air quality health and environmental impact and energy
and operated on the highways of the Philippines, any foreign state or country; requirement which the Department determines, and adequately demonstrates; and

q) "Octane Rating or the Anti-Knock Index(AKI)" means the rating of the anti-knock x) "Stationary source" means any building or immobile structure, facility or installation
characteristics of a grade or type of automotive gasoline as determined by dividing by which emits or may emit any air pollutant.
two (2) the sum of the Research Octane Number (RON), plus the Motor Octane
Number (MON); the octane requirement, with respect to automotive gasoline for use Chapter 2
in a motor vehicle or a class thereof, whether imported, manufactured, or assembled Air Quality Management System
by a manufacturer, shall refer to the minimum octane rating of such automotive
gasoline which such manufacturer recommends for the efficient operation of such Article One
motor vehicle, or a substantial portion of such class, without knocking; General Provisions

r) "Ozone Depleting Substances (ODS)" means those substances that significantly Section 6. Air Quality Monitoring and Information Network. - The Department shall prepare
deplete or otherwise modify the ozone layer in a manner that is likely to result in an annual National Air Quality Status Report which shall be used as the basis in formulating the
adverse effects of human health and the environment such as, but not limited to, Integrated Air Quality Improvement Framework, as provided for in Sec. 7. The said report shall
chloroflourocarbons, halons and the like; include, but shall not be limited to the following:

s) "Persistent Organic Pollutants (POPs)" means the organic compounds that persist in a) Extent of pollution in the country, per type of pollutant and per type of source,
the environment, bioaccumulate through the food web, and pose a risk of causing based on reports of the Departments monitoring stations;
adverse effects to human health and the environment. These compounds resist
photolytic, chemical and biological degradation, which shall include but not be limited b) Analysis and evaluation of the current state, trends and projections of air pollution
to dioxin, furan, Polychlorinated Biphenyls (PCBs), organochlorine pesticides, such as at the various levels provided herein;
aldrin, dieldrin, DDT, hexachlorobenzene, lindane, toxaphere and chlordane;
c) Identification of critical areas, activities, or projects which will need closer
t) "Poisonous and toxic fumes" means any emissions and fumes which are beyond monitoring or regulation;
internationally - accepted standards, including but not limited to the World Health
Organization (WHO) guideline values; d) Recommendations for necessary executive and legislative action; and

u) "Pollution control device" means any device or apparatus used to prevent, control or e) Other pertinent qualitative and quantitative information concerning the extent of
abate the pollution of air caused by emissions from identified pollution sources at air pollution and the air quality performance rating of industries in the country.
levels within the air pollution control standards established by the Department;
The Department, in cooperation with the National Statistical Coordination Board (NSCB), shall
design and develop an information network for data storage, retrieval and exchange.
The Department shall serve as the central depository of all data and information related to air e) Include control strategies and control measures to be undertaken within a specified
quality. time period, including cost effective use of economic incentives, management
strategies, collection action and environmental education and information;
Section 7. Integrated Air Quality Improvement Framework. - The Department shall within six
(6) months after the effectivity of this Act, establish, with the participation of LGUs, NGOs, f) Designate airsheds; and
POs, the academe and other concerned entities from the private sector, formulate and
implement the Integrated Air Quality Improvement Framework for a comprehensive air g) All other measures necessary for the effective control and abatement of air
pollution management and control program. The framework shall, among others, prescribe the pollution.
emission reduction goals using permissible standards, control strategies and control measures
to undertaken within a specified time period, including cost-effective use of economic The adoption of the plan shall clarify the legal effects on the financial, manpower and
incentives, management strategies, collective actions, and environmental education and budgetary resources of the affected government agencies, and on the alignment of their
information. programs with the plans.

The Integrated Air Quality Improvement Framework shall be adopted as the official blueprint In addition to direct regulations, the plan shall be characterized by a participatory approach to
with which all government agencies must comply with to attain and maintain ambient air the pollution problem. The involvement of private entities in the monitoring and testing of
quality standards. emissions from mobile and/or stationary sources shall be considered.

Section 8. Air Quality Control Action Plan. - Within six (6) months after the formulation of the Likewise, the LGUs, with the assistance from the Department, shall prepare and develop an
framework, the Department shall, with public participation, formulate and implement an air action plan consistent with the Integrated Air Quality Improvement Framework to attain and
quality control action plan consistent with Sec. 7 of this Act. The action plan shall: maintain the ambient air quality standards within their respective airsheds as provided in Sec.
9 hereof.
a) Include enforceable emission limitations and other control measures, means or
techniques, as well as schedules and time tables for compliance, as may be necessary The local government units shall develop and submit to the Department a procedure for
or appropriate to meet the applicable requirements of this Act; carrying out the action plan for their jurisdiction. The Department, however, shall maintain its
authority to independently inspect the enforcement procedure adopted. The Department shall
b) Provide for the establishment and operation of appropriate devices, methods, have the power to closely supervise all or parts of the air quality action plan until such time the
systems and procedures necessary to monitor, compile and analyze data on ambient local government unit concerned can assume the function to enforce the standards set by the
air quality; Department.

c) Include a program to provide for the following: (1) enforcement of the measures A multi-sectoral monitoring team with broad public representation shall be convened by the
described in subparagraph [a]; (2) regulation of the modification and construction of Department for each LGU to conduct periodic inspections of air pollution sources to assess
any stationary source within the areas covered by the plan, in accordance with land compliance with emission limitations contained in their permits.
use policy to ensure that ambient air quality standards are achieved;
Section 9. Airsheds. - Pursuant to Sec. 8 of this Act, the designation of airsheds shall be on the
d) Contain adequate provisions, consistent with the provisions of this Act, prohibiting basis of, but not limited to, areas with similar climate, meteorology and topology which affect
any source or other types of emissions activity within the country from emitting any air the interchange and diffusion of pollutants in the atmosphere, or areas which share common
pollutant in amounts which will significantly contribute to the non-attainment or will interest or face similar development programs, prospects or problems.
interfere with the maintenance by the Department of any such ambient air quality
standard required to be included in the implementation plan to prevent significant For a more effective air quality management, a system of planning and coordination shall be
deterioration of air quality or to protect visibility; established and a common action plan shall be formulated for each airshed.
To effectively carry out the formulated action plans, a Governing Board is hereby created, In coordination with other appropriate government agencies, the LGUs shall prepare and
hereinafter referred to as the Board. implement a program and other measures including relocation, whenever necessary, to
protect the health and welfare of residents in the area.
The Board shall be headed by the Secretary of the Department of Environment and Natural
Resources as chairman. The members shall be as follows: For those designated as nonattainment areas, the Department, after consultation with local
government authorities, nongovernment organizations (NGOs), peoples organizations (POs)
a) Provincial Governors from areas belonging to the airshed; and concerned sectors may revise the designation of such areas and expand its coverage to
cover larger areas depending on the condition of the areas.
b) City/Municipal Mayors from areas belonging to the airshed;
Section 11. Air Quality Control Techniques. - Simultaneous with the issuance of the guideline
c) A representative from each concerned government agency; values and standards, the Department, through the research and development program
contained in this Act and upon consultation with appropriate advisory committees,
d) Representatives from peoples organizations; government agencies and LGUs, shall issue, and from time to time, revise information on air
pollution control techniques. Such information shall include:
e) Representatives from non-government organizations; and
(a) Best available technology and alternative methods of prevention, management and
f) Representatives from the private sector. control of air pollution;

The Board shall perform the following functions: (b) Best available technology economically achievable which shall refer to the
technological basis/standards for emission limits applicable to existing, direct
a) Formulation of policies; industrial emitters of nonconventional and toxic pollutants; and

b) Preparation of a common action plan; (c) Alternative fuels, processes and operating methods which will result in the
eliminator or significant reduction of emissions.
c) Coordination of functions among its members; and
Such information may also include data relating to the cost of installation and operation,
d) Submission and publication of an annual Air Quality Status Report for each airshed. energy requirements, emission reduction benefits, and environmental impact or the emission
control technology.
Upon consultation with appropriate local government authorities, the Department shall, from
time to time, revise the designation of airsheds utilizing eco-profiling techniques and The issuance of air quality guideline values, standards and information on air quality control
undertaking scientific studies. techniques shall be made available to the general public: Provided, That the issuance of
information on air quality control techniques shall not be construed as requiring the purchase
Emissions trading may be allowed among pollution sources within an airshed. of certain pollution control devices by the public.

Section 10. Management of Non-attainment Areas. - The Department shall designate areas Section 12. Ambient Air Quality Guideline Values and Standards. - The Department, in
where specific pollutants have already exceeded ambient standards as non-attainment areas. coordination with other concerned agencies, shall review and or revise and publish annually a
The Department shall prepare and implement a program that will prohibit new sources of list of hazardous air pollutants with corresponding ambient guideline values and/or standard
exceeded air pollutant without a corresponding reduction in existing resources. necessary to protect health and safety, and general welfare. The initial list and values of the
hazardous air pollutants shall be as follows:
 f
(a) For National Ambient Air Quality Guideline for Criteria Pollutants: Provisional limits for Suspended Particulate Matter with mass median
diameter less than 10 microns and below until sufficient monitoring
Short Term a Long Term b data are gathered to base a proper guideline.

g
Pollutants g/Ncm ppm Averaging g/Ncm ppm Averaging Evaluation of this guideline is carried out for 24-hour averaging time
Time Time and averaged over three moving calendar months. The monitored
average value for any three months shall not exceed the guideline
Suspended Particulate value.
Matterc -TSP 230d 24 hours 90 ---- 1 yeare
(b) For National Ambient Air Quality Standards for Source Specific Air Pollutants from
-PM-10 150f 24 hours 60 ---- 1 yeare
Industrial Sources/Operations:
Sulfur Dioxidec 180 0.07 24 hours 80 0.03 1 year
Nitrogen Dioxide 150 0.08 24 hours ---- ---- ---- Pollutants1 Concentration2 Averaging Method of A
time (min.) Measurement3
Photochemical 140 0.07 1 hour ---- ---- ----
Oxidants /Ncm ppm
As Ozone 60 0.03 8 hours ---- ---- ----
1. Ammonia 200 0.28 30 Nesselerization/ Indo P
Carbon Monoxide 35 mg/Ncm 30 1 hour ---- ---- ----
2. Carbon Disulfide 30 0.01 30 Tischer Method
10 mg/Ncm 9 8 hours ---- ---- ----
Leadg 1.5 ---- 3 monthsg 1.0 ---- 1 year 3. Chlorine and 100 0.03 5 Methyl Orange
Chlorine
a
Compounds
Maximum limits represented by ninety-eight percentile (98%) values expressed as Cl2
not to be exceed more than once a year.
4. Formaldehyde 50 0.04 30 Chromotropic acid Me
b
Arithmetic mean MBTH Colorimetric Me
c
SO2 and Suspended Particulate matter are sampled once every six 5. Hydrogen 200100 0.13 30 Volhard Titration with
days when using the manual methods. A minimum of twelve sampling Chloride Solution
days per quarter of forty-eight sampling days each year is required for
these methods. Daily sampling may be done in the future once 6. Hydrogen 0.07 30 Methylene Blue
continuous analyzers are procured and become available. Sulfide

d
Limits for Total Suspended Particulate Matter with mass median 7. Lead 20 30 AASc
diameter less than 25-50 um.
8. Nitrogen 375,260 0.20,0.14 30,60 Greiss- Saltzman
e
Dioxide
Annual Geometric Mean
9. Phenol 100 0.03 30 4-Aminoantiphyrine
 not limited to, the volume and toxicity of any emitted pollutant. Industries, which shall install
10. Sulfur Dioxide 470, 340 0.18, 30,60 Colorimetric-Pararosaniline
pollution control devices or retrofit their existing facilities with mechanisms that reduce
0.13
pollution shall be entitled to tax incentives such as but not limited total credits and/or
11. Suspended 300 ---- 60 Gravimetric accelerated depreciation deductions.
Particulate Matter-
TSP Section 14. Air Quality Management Fund. - An Air Quality Management Fund to be
administered by the Department as a special account in the National Treasury is hereby
1
established to finance containment, removal, and clean-up operations of the Government in
Pertinent ambient standards for Antimony, Arsenic, Cadmium, air pollution cases, guarantee restoration of ecosystems and rehabilitate areas affected by the
Asbestos, Nitric Acid and Sulfuric Acid Mists in the 1978 NPCC Rules acts of violators of this Act, to support research, enforcement and monitoring activities and
and Regulations may be considered as guides in determining capabilities of the relevant agencies, as well as to provide technical assistance to the relevant
compliance. agencies. Such fund may likewise be allocated per airshed for the undertakings herein stated.
2
Ninety-eight percentile (98%) values of 30-minute sampling The Fund shall be sourced from the fines imposed and damages awarded to the Republic of
measured at 250C and one atmosphere pressure. the Philippines by the Pollution Adjudication Board (PAB), proceeds of licenses and permits
issued by the Department under this Act, emission fees and from donations, endowments and
3
Other equivalent methods approved by the Department may be grants in the forms of contributions. Contributions to the Fund shall be exempted from donor
used. taxes and all other taxes, charges or fees imposed by the Government.

The basis in setting up the ambient air quality guideline values and standards shall reflect, Section 15. Air Pollution Research and Development Program. - The Department, in
among others, the latest scientific knowledge including information on: coordination with the Department of Science and Technology (DOST), other agencies, the
private sector, the academe, NGOs and POs, shall establish a National Research and
a) Variable, including atmospheric conditions, which of themselves or in combination Development Program for the prevention and control of air pollution. The Department shall
with other factors may alter the effects on public health or welfare of such air give special emphasis to research on and the development of improved methods having
pollutant; industry-wide application for the prevention and control of air pollution.

b) The other types of air pollutants which may interact with such pollutant to produce Such a research and development program shall develop air quality guideline values and
an adverse effect on public health or welfare; and standards in addition to internationally-accepted standards. It shall also consider the socio-
cultural, political and economic implications of air quality management and pollution control.
c) The kind and extent of all identifiable effects on public health or welfare which may
be expected from presence of such pollutant in the ambient air, in varying quantities. Article Two
Air Pollution Clearances and Permits for Stationary Sources
The Department shall base such ambient air quality standards on World Health Organization
(WHO) standards, but shall not be limited to nor be less stringent than such standards. Section 16. Permits. - Consistent with the provisions of this Act, the Department shall have the
authority to issue permits as it may determine necessary for the prevention and abatement of
Section 13. Emission Charge System. - The Department, in case of industrial dischargers, and air pollution.
the Department of Transportation and Communication (DOTC), in case of motor vehicle
dischargers, shall, based on environmental techniques, design, impose on and collect regular Said permits shall cover emission limitations for the regulated air pollutants to help attain and
emission fees from said dischargers as part of the emission permitting system or vehicle maintain the ambient air quality standards. These permits shall serve as management tools for
registration renewal system, as the case may be. The system shall encourage the industries the LGUs in the development of their action plan.
and motor vehicles to abate, reduce, or prevent pollution. The basis of the fees include, but is
Section 17. Emission Quotas. - The Department may allow each regional industrial center that
(mg/Ncm)
is designated as special airshed to allocate emission quotas to pollution sources within its
jurisdiction that qualify under an environmental impact assessment system programmatic 1. Antimony and Its Any source 10 as Sb AASb
compliance program pursuant to the implementing rules and regulations of Presidential compounds
Decree No. 1586.
2. Arsenic and its Any source 10 as As AASb
Section 18. Financial Liability for Environmental Rehabilitation. - As part of the environmental compounds
management plan attached to the environmental compliance certificate pursuant to
Presidential Decree No. 1586 and rules and regulations set therefor, the Department shall 3. Cadmium and its Any source 10 as Cd AASb
require program and project proponents to put up financial guarantee mechanisms to finance compounds
the needs for emergency response, clean-up rehabilitation of areas that may be damaged
during the program or projects actual implementation. Liability for damages shall continue 4. Carbon Monoxide Any industrial Source 500 as CO Orsat analysis
even after the termination of a program or project, where such damages are clearly
5. Copper and its Any industrial source 100 ax Cu AASb
attributable to that program or project and for a definite period to be determined by the
Compounds
Department and incorporated into the environmental compliance certificate.
6. Hydrofluoric Acids Any source other than the 50 as HF Titration
Financial liability instruments may be in the form a trust fund, environmental insurance, surety and Fluoride manufacture of Aluminum Ammonium Th
bonds, letters of credit, as well as self-insurance. The choice of the guarantee instruments shall compounds from Alumina
furnish the Department with evidence of availment of such instruments.
7. Hydrogen Sulfide i) Geothermal Power Plants c.d Cadmium
Article Three ii) Geothermal Exploration and e Method
Pollution from Stationary Sources well-testing
iii) Any source other than (i) 7 as H2S Cadmium
Section 19. Pollution From Stationary Sources. - The Department shall, within two (2) years and (ii) Method
from the effectivity of this Act, and every two (2) years thereafter, review, or as the need
therefore arises, revise and publish emission standards, to further improve the emission 8. Lead Any trade, industry or process 10 as Pb AASb
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 9. Mercury Any Source 5 as elemental AASb/Cold-Va
accepted standards, but not be limited to, nor be less stringent than such standards and with Hg Technique
the standards set forth in this section. The standards, whichever is applicable, shall be the limit Analyzer
on the acceptable level of pollutants emitted from a stationary source for the protection of the
publics health and welfare. 10. Nickel and its Any source 20 as Ni AASb
compounds, except
Nickel Carbonylf
With respect to any trade, industry, process and fuel-burning equipment or industrial plant
emitting air pollutants, the concentration at the point of emission shall not exceed the
11. NOx i) Manufacture of Nitric Acid 2,000 as acid Phenol-disulfo
following limits: and NOx and Method
calculated as
Pollutants Standard Applicable to Source Maximum Method of Analysisa NO2
Permissible
Limits ii) Fuel burning steam 1,500 as NO2 Phenol-disulfo
 generators Method b) Other Area 200 mg/Ncm
Existing Source New Source
Coal-Fired 1,000 as NO2 2. Cement Plants (Kilns, etc.) 150 mg/Ncm
Oil-Fired 500 as NO2
iii) Any source other than (i) Phenol-disulfonic acid3. Smelting Furnaces 150 mg/Ncm
adn (ii) Method
4. Other Stationary Sourcesa 200 mg/Ncm
Existing Source 1000 as NO2
New Source 500 as NO2
a
Other Stationary Sources means a trade, process, industrial plant, or fuel
12. Phosphorus Any source 200 as P2O5 Spectrophotometry burning equipment other than thermal power plants, industrial boilers,
Pentoxideg cement plants, incinerators and smelting furnaces.

13. Zinc and its Any source 100 as Zn AASb Provided, Further, That the maximum limits for sulfur oxides in said sources shall be:
Compounds

a
(1) Existing Sources
Other equivalent methods approved by the Department may be used.
(i) Manufacture of Sulfuric Acid and 2.0gm.Ncm as SO3
b
Atomic Absorption Spectrophometry Sulf(on)ation Process
c (ii) Fuel burning Equipment 1.5gm.Ncm as SO2
All new geothermal power plants starting construction by 01 January 1995
shall control HsS emissions to not more than 150g/GMW-Hr
(iii) Other Stationary Sourcesa 1.0gm.Ncm as SO3
d
All existing geothermal power plants shall control HsS emissions to not more
(2) New Sources
than 200g/GMW-Hr. within 5 years from the date of efectivity of these revised
regulations. (i) Manufacture of Sulfuric Acid and 1.5 gm.Ncm as SO3
e
Sulf(on)ation Process
Best practicable control technology for air emissions and liquid discharges.
Compliance with air and water quality standards is required. (ii) Fuel Burning Equipment 0.7 gm.Ncm as SO2
f
Emission limit of Nickel Carbonyl shall not exceed 0.5 mg/Ncm. (iii) Other Stationary Sourcesa 0.2 gm.Ncm as SO3

g
Provisional Guideline a
Other Stationary Sources refer to existing and new stationary sources other
than those caused by the manufacture of sulfuric acid and sulfonation process,
Provided, That the maximum limits in mg/ncm particulates in said sources shall be: fuel burning equipment and incineration.

1. Fuel Burning Equipment For stationary sources of pollution not specifically included in the immediately preceding
paragraph, the following emission standards shall not be exceeded in the exhaust gas:
a) Urban or Industrial Area 150 mg/Ncm
I. Daily And Half Hourly Average Values
 Daily Average Half Hourly Tin and its compounds, expressed as tin (Sn)
Values Average
Values These average values cover also gaseous and the vapor forms of the relevant heavy metal
Total dust 10 mg/m 3
30 mg/m 3 emission as well as their compounds: Provided, That the emission of dioxins and furans into
the air shall be reduced by the most progressive techniques: Provided, Further, That all average
Gaseous and vaporous organic substances,
of dioxin and furans measured over the sample period of a minimum of 5 hours and maximum
expressed as total organic carbon 10 mg/m3 20 mg/m3
of 8 hours must not exceed the limit value of 0.1 nanogram/m3.
Hydrogen chloride (HCl) 10 mg/m3 60 mg/m3
Hydrogen fluoride (HF) 1 mg/m3 4 mg/m3
Pursuant to Sec. 8 of this Act, the Department shall prepare a detailed action plan setting the
Sulfur dioxide (SO2) 50 mg/m3 200 mg/m3
emission standards or standards of performance for any stationary source the procedure for
Nitrogen monoxide (NO) and Nitrogen testing emissions for each type of pollutant, and the procedure for enforcement of said
dioxide (NO2), expressed as nitrogen standards.
dioxide for incineration plants with a
capacity exceeding 3 tonnes per hour 200 mg/m3 400 mg/m3 Existing industries, which are proven to exceed emission rates established by the Department
Nitrogen monoxide (NO) and nitrogen in consultation with stakeholders, after a thorough, credible and transparent measurement
dioxide (NO2), expressed as nitrogen process shall be allowed a grace period of eighteen (18) months for the establishment of an
dioxide for incineration plants with a environmental management system and the installation of an appropriate air pollution control
capacity of 3 tonnes per hour or less 300 mg/m3 device : Provided, That an extension of not more than twelve (12) months may be allowed by
the Department on meritorious grounds.
Ammonia 10 mg/m3 20 mg/m3
Section 20. Ban on Incineration. - Incineration, hereby defined as the burning of municipal,
II. All the Average Values Over the Sample Period of a Minimum of 4 and Maximum of biomedical and hazardous waste, which process emits poisonous and toxic fumes is hereby
8 Hours. prohibited; Provided, however, That the prohibition shall not apply to traditional small-scale
method of community/neighborhood sanitation "siga", traditional, agricultural, cultural,
Cadmium and its compounds, expressed as cadmium (Cd) total 0.05 health, and food preparation and crematoria; Provided, Further, That existing incinerators
mg/m3 dealing with a biomedical wastes shall be out within three (3) years after the effectivity of this
Thallium and its compounds, expressed as thallium (Tl)
Act; Provided, Finally, that in the interim, such units shall be limited to the burning of
Mercury and its Compounds, expressed as mercury (Hg) 0.05 mg/m3 pathological and infectious wastes, and subject to close monitoring by the Department.
Antimony and its compounds, expressed as antimony (Sb)
Local government units are hereby mandated to promote, encourage and implement in their
Arsenic and its compounds, expressed as arsenic (As) respective jurisdiction a comprehensive ecological waste management that includes waste
Lead and its compounds, expressed as lead ( Pb) segregation, recycling and composting.
Chromium and its compounds, expressed as chromium (Cr)
With due concern on the effects of climate change, the Department shall promote the use of
Cobalt and its compounds, expressed as cobalt (Co) total 0.5 state-of-the-art, environmentally-sound and safe non-burn technologies for the handling,
Copper and its compounds, expressed as copper (Cu) mg/m3 treatment, thermal destruction, utilization, and disposal of sorted, unrecycled, uncomposted,
biomedical and hazardous wastes.
Manganese and its compounds, expressed as manganese (Mn)
Nickel and its compounds, expressed as nickel (Ni) Article Four
Vanadium and its compounds, expressed as vanadium (V) Pollution from Motor Vehicles
Section 21. Pollution from Motor Vehicles. - a) The DOTC shall implement the emission c) For heavy duty vehicles, the exhaust emission limits of gaseous pollutants shall be:
standards for motor vehicles set pursuant to and as provided in this Act. To further improve
the emission standards, the Department shall review, revise and publish the standards every Emission Limits for Heavy Duty Vehicles
two (2) years, or as the need arises. It shall consider the maximum limits for all major
pollutants to ensure substantial improvement in air quality for the health, safety and welfare Type Approval
of the general public.
(Directive 91/542/EEC)
The following emission standards for type approval of motor vehicles shall be effective by the
year 2003:
CO HC NOx PM
a) For light duty vehicles, the exhaust emission limits for gaseous pollutants shall be:
(g/k/Wh) (g/k/Wh) (g/k/Wh) (g/k/Wh)
Emission Limits for Light Duty Vehicles 4.5 1.1 8.0 0.36a
Type Approval
(Directive 91/441/EEC)
a
In the case of engines of 85 kW or less, the limit value for particular
emissions in increased by multiplying the quoted limit by a coefficient
CO HC + NOx PMa of 1.7
(g/km) (g/km) (g/km)
Fuel evaporative emission for spark-ignition engines shall not exceed 2.0 grams
2.72 0.970.14
hydrocarbons per test. Likewise, it shall not allow any emission of gases from
crankcase ventilation system into the atmosphere.
a
for compression-ignition engines only
b) The Department, in collaboration with the DOTC, DTI and LGUs, shall develop an action plan
b) For light commercial vehicles, the exhaust emission limit of gaseous pollutants as a for the control and management of air pollution from motor vehicles consistent with the
function of the given reference mass shall be: Integrated Air Quality Framework. The DOTC shall enforce compliance with the emission
standards for motor vehicles set by the Department. The DOTC may deputize other law
Emission Limits for Light Commercial Vehicles enforcement agencies and LGUs for this purpose. To this end, the DOTC shall have the power
Type Approval to:
(Directive 93/59/EEC)
(1) Inspect and monitor the emissions of motor vehicles;
a
Reference Weight (RW) CO HC + PM (g/km)
(kg) (g/km) NOx(g/km) (2) Prohibit or enjoin the use of motor vehicles or a class of motor vehicles in any area
or street at specified times; and
Category 1 1250< RW 2.72 0.97 0.14

Category 2 1250< RW<1700 5.17 1.4 0.19 (3) Authorize private testing emission testing centers duly accredited by the DTI.

Category 3 RW>1700 6.9 1.7 0.25 c) The DOTC, together with the DTI and the Department, shall establish the procedures for the
inspection of motor vehicles and the testing of their emissions for the purpose of determining
a the concentration and/or rate of pollutants discharged by said sources.
for compression-ignition engines only
d) In order to ensure the substantial reduction of emissions from motor vehicles, the Article Five
Department of Trade and Industry (DTI), together with the DOTC and the Department shall Pollution from Other Sources
formulate and implement a national motor vehicle inspection and maintenance program that
will promote efficient and safe operation of all motor vehicles. In this regard, the DTI shall Section 24. Pollution from smoking. - Smoking inside a public building or an enclosed public
develop and implement standards and procedures for the certification of training institutions, place including public vehicles and other means of transport or in any enclosed area outside of
instructors and facilities and the licensing of qualified private service centers and their one's private residence, private place of work or any duly designated smoking area is hereby
technicians as prerequisite for performing the testing, servicing, repair and the required prohibited under this Act. This provision shall be implemented by the LGUs.
adjustment to the vehicle emission system. The DTI shall likewise prescribe regulations
requiring the disclosure of odometer readings and the use of tamper-resistant odometers for Section 25. Pollution from other mobile sources. - The Department, in coordination with
all motor vehicles including tamper-resistant fuel management systems for the effective appropriate agencies, shall formulate and establish the necessary standards for all mobile
implementation of the inspection and maintenance program. sources other than those referred to in Sec. 21 of this Act. The imposition of the appropriate
fines and penalties from these sources for any violation of emission standards shall be under
Section 22. Regulation of All Motor Vehicles and Engines. - Any imported new or locally- the jurisdiction of the DOTC.
assembled new motor vehicle shall not be registered unless it complies with the emission
standards set pursuant to this Act, as evidenced by a Certificate of Conformity (COC) issued by Chapter 3
the Department. Fuels, Additives, Substances and Pollutants

Any imported new motor vehicle engine shall not be introduced into commerce, sold or used Article One
unless it complies with emission standards set pursuant to this Act. Fuels, Additives and Substances

Any imported used motor vehicle or rebuilt motor vehicle using new or used engines, major Section 26. Fuels and Additives. - Pursuant to the Air Quality Framework to be established
parts or components shall not be registered unless it complies with the emission standards. under Section 7 of this Act, the Department of Energy (DOE), co-chaired by the Department of
Environment and Natural Resources (DENR), in consultation with the Bureau of Product
In case of non-compliance, the importer or consignee may be allowed to modify or rebuild the Standards (BPS) of the DTI, the DOST, the representatives of the fuel and automotive
vehicular engine so it will be in compliance with applicable emission standards. 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
No motor vehicle registration (MVR) shall be issued unless such motor vehicle passes the emissions: Provided, however, that the specifications for all types of fuel and fuel-related
emission testing requirement promulgated in accordance with this Act. Such testing shall be products set-forth pursuant to this section shall be adopted by the BPS as Philippine National
conducted by the DOTC or its authorized inspection centers within sixty (60) days prior to date Standards (PNS).
of registration.
The DOE shall also specify the allowable content of additives in all types of fuels and fuel-
The DTI shall promulgate the necessary regulations prescribing the useful life of vehicles and related products. Such standards shall be based primarily on threshold levels of health and
engines including devices in order to ensure that such vehicles will conform to the emissions research studies. On the basis of such specifications, the DOE shall likewise limit the content or
which they were certified to meet. These regulations shall include provisions for ensuring the begin that phase-out of additives in all types of fuels and fuel-related products as it may deem
durability of emission devices. necessary. Other agencies involved in the performance of this function shall be required to
coordinate with the DOE and transfer all documents and information necessary for the
Section 23. Second-Hand Motor Vehicle Engines. - Any imported second-hand motor vehicle implementation of this provision.
engine shall not be introduced into commerce, sold or used unless it complies with emission
standards set pursuant to this Act. Consistent with the provisions of the preceding paragraphs under this section, it is declared
that:
 a) not later than eighteen (18) months after the effectivity of this Act, no person shall a) Product identity and composition to determine the potential health effects of such
manufacture, import, sell, supply, offer for sale, dispense, transport or introduce into fuel additives;
commerce unleaded premium gasoline fuel which has an anti-knock index (AKI) of not
less that 87.5 and Reid vapor pressure of not more than 9 psi. Within six (6) months b) Description of the analytical technique that can be used to detect and measure the
after the effectivity of this Act, unleaded gasoline fuel shall contain aromatics not to additive in any fuel;
exceed forty-five percent (45%) by volume and benzene not to exceed four percent
(4%) by volume; Provided, that by year 2003, unleaded gasoline fuel should contain c) Recommended range of concentration; and
aromatics not to exceed thirty-five percent (35%) by volume and benzene not to
exceed two percent (2%) by volume; d) Purpose in the use of the fuel and additive.

b) not later than eighteen (18) months after the effectivity of this Act, no person shall Section 28. Misfueling. - In order to prevent the disabling of any emission control device by
manufacture, import, sell, supply, offer for sale, dispense, transport or introduce into lead contamination, no person shall introduce or cause or allow the introduction of leaded
commerce automotive diesel fuel which contains a concentration of sulfur in excess of gasoline into any motor vehicle equipped with a gasoline tank filler inlet and labeled "unleaded
0.20% by weight with a cetane number of index of not less than forty-eight gasoline only". This prohibition shall also apply to any person who knows or should know that
(48): Provided, That by year 2004, content of said sulfur shall be 0.05% by weight; and such vehicle is designed solely for the use of unleaded gasoline.

c) not later than eighteen (18) months after the effectivity of this Act, no Person shall Section 29. Prohibition on Manufacture, Import and Sale of leaded Gasoline and of Engines
manufacture, import, sell, supply, offer for sale, dispense, transport or introduce into and/or Components Requiring Leaded Gasoline. - Effective not later than eighteen (18)
commerce industrial diesel fuel which contains a concentration of sulfur in excess of months after the enactment of this Act, no person shall manufacture, import, sell, offer for
0.30% (by weight). sale, introduce into commerce, convey or otherwise dispose of, in any manner, leaded gasoline
and engines and components requiring the use of leaded gasoline.
Every two (2) years thereafter or as the need arises, the specifications of unleaded gasoline
and of automotive and industrial diesel fuels shall be reviewed and revised for further For existing vehicles, the DTI shall formulate standards and procedures that will allow non-
improvement in formulation and in accordance with the provisions of this Act. conforming engines to comply with the use of unleaded fuel within five(5) years after the
effectivity of this Act.
The fuels characterized above shall be commercially available. Likewise, the same shall be the
reference fuels for emission and testing procedures to be established in accordance with the Article Two
provisions of this Act. Other Pollutants

Any proposed additive shall not in any way increase emissions of any of the regulated gases Section 30. Ozone-Depleting Substances. - Consistent with the terms and conditions of the
which shall include, but not limited to carbon monoxide, hydrocarbons, and oxides of nitrogen Montreal Protocol on Substances that Deplete the Ozone Layer and other international
and particulate matter, in order to be approved and certified by the Department. agreements and protocols to which the Philippines is a signatory, the Department shall phase
out ozone-depleting substances.
Section 27. Regulation of Fuels and Fuel Additives. - The DOE, in coordination with the
Department and the BPS, shall regulate the use of any fuel or fuel additive. No manufacturer, Within sixty (60) days after the enactment of this Act, the Department shall publish a list of
processor or trader of any fuel or additive may import, sell, offer for sale, or introduce into substances which are known to cause harmful effects on the stratospheric ozone layer.
commerce such fuel for additive unless the same has been registered with the DOE. Prior to
registration, the manufacturer, processor or trader shall provide the DOE with the following Section 31. Greenhouse Gases. - The Philippine Atmospheric, Geophysical and Astronomical
relevant information: Service
Administration (PAGASA) shall regularly monitor meteorological factors affecting Section 36. Role of Local Government Units. - Local Government Units (LGUs) shall share the
environmental conditions including ozone depletion and greenhouse gases and coordinate responsibility in the management and maintenance of air quality within their territorial
with the Department in order to effectively guide air pollution monitoring and standard-setting jurisdiction. Consistent with Sections 7, 8 and 9 of this Act, LGUs shall implement air quality
activities. standards set by the Board in areas within their jurisdiction; Provided, however, That in case
where the board has not been duly constituted and has not promulgated its standards, the
The Department, together with concerned agencies and local government units, shall prepare standards set forth in this Act shall apply.
and fully implement a national plan consistent with the United Nations Framework Convention
on Climate Change and other international agreements, conventions and protocols on the The Department shall provide the LGUs with technical assistance, trainings and a continuing
reduction of greenhouse gas emissions in the country. capability-building program to prepare them to undertake full administration of the air quality
management and regulation within their territorial jurisdiction.
Section 32. Persistent Organic Pollutants. - The Department shall, within a period of two (2)
years after the enactment of this Act, establish an inventory list of all sources of Persistent Section 37. Environmental and Natural Resources Office. - There may be established an
Organic Pollutants (POPs) in the country. The Department shall develop short-term and long- Environment and Natural Resources Office in every province, city, or municipality which shall
term national government programs on the reduction and elimination of POPs such as dioxins be headed by the environment and natural resources officer and shall be appointed by the
and furans. Such programs shall be formulated within a year after the establishment of the Chief Executive of every province, city or municipality in accordance with the provisions of
inventory list. Section 484 of Republic Act No. 7160. Its powers and duties, among others, are:

Section 33. Radioactive Emissions. - All projects which will involve the use of atomic and/or a) To prepare comprehensive air quality management programs, plans and strategies
nuclear energy, and will entail release and emission of radioactive substances into the within the limits set forth in Republic act. No. 7160 and this Act which shall be
environment, incident to the establishment or possession of nuclear energy facilities and implemented within its territorial jurisdiction upon the approval of the sanggunian;
radioactive materials, handling, transport, production, storage, and use of radioactive
materials, shall be regulated in the interest of public health and welfare by the Philippine 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
Nuclear Research Institute (PNRI), in coordination with Department and other appropriate provision of adequate facilities relative to air quality;
government agencies.
c) To take the lead in all efforts concerning air quality protection and rehabilitation;
Chapter 4
Institutional Mechanism d) To recommend to the Board air quality standards which shall not exceed the
maximum permissible standards set by rational laws;
Section 34. Lead Agency. - The Department, unless otherwise provided herein, shall be the
primary government agency responsible for the implementation and enforcement of this Act. e) To coordinate with other government agencies and non-governmental organizations
To be more effective in this regard, The Department's Environmental Management Bureau in the implementation of measures to prevent and control air pollution; and
(EMB) shall be converted from a staff bureau to a line bureau for a period of no more than two
(2) years, unless a separate, comprehensive environmental management agency is created. f) Exercise such other powers and perform such duties and functions as may be
prescribed by law or ordinance: Provided, however, That in
Section 35. Linkage Mechanism. - The Department shall consult, participate, cooperate and provinces/cities/municipalities where there are no environment and natural resources
enter into agreement with other government agencies, or with affected non-governmental officers, the local executive concerned may designate any of his official and/or chief of
(NGOs) or people's organizations (POs),or private enterprises in the furtherance of the office preferably the provincial, city or municipal agriculturist, or any of his
objectives of this Act. employee: Provided, Finally, That in case an employee is designated as such, he must
 have sufficient experience in environmental and natural resources management, Section 39. Public Education and Information Campaign. - A continuing air quality information
conservation and utilization. and education campaign shall promoted by the Department, the Department of Education,
Culture and Sports (DECS), the Department of the Interior and Local Government (DILG), the
Section 38. Record-keeping, Inspection, Monitoring and Entry by the Department. - The Department of Agriculture (DA) and the Philippine Information Agency (PIA). Consistent with
Department or its duly accredited entity shall, after proper consultation and notice, require Sec. 7 of this Act, such campaign shall encourage the participation of other government
any person who owns or operates any emissions source or who is subject to any requirement agencies and the private sector including NGOs, POs, the academe, environmental groups and
of this Act to: other private entities in a multi-sectoral information campaign.

(a) establish and maintain relevant records; Chapter 5

Actions
(b) make relevant reports;
Section 40. Administrative Action. - Without prejudice to the right of any affected person to
(c) install, use and maintain monitoring equipment or methods; file an administrative action, the Department shall, on its own instance or upon verified
complaint by any person, institute administrative proceedings against any person who violates:
(d) sample emission, in accordance with the methods, locations, intervals and manner
prescribed by the Department; (a) Standards or limitation provided under this Act; or

(e) keep records on control equipment parameters, production variables or other (b) Any order, rule or regulation issued by the Department with respect to such
indirect data when direct monitoring of emissions is impractical; and standard or limitation.

(f) provide such other information as the Department may reasonably require. Section 41. Citizen Suits. - For purposes of enforcing the provisions of this Act or its
implementing rules and regulations, any citizen may file an appropriate civil, criminal or
Pursuant to this Act, the Department, through its authorized representatives, shall have the administrative action in the proper courts against:
right of:
(a) Any person who violates or fails to comply with the provisions of this Act or its
(a) entry or access to any premises including documents and relevant materials as implementing rules and regulations; or
referred to in the herein preceding paragraph;
(b) The Department or other implementing agencies with respect to orders, rules and
(b) inspect any pollution or waste source, control device, monitoring equipment or regulations issued inconsistent with this Act; and/or
method required; and
(c) Any public officer who willfully or grossly neglects the performance of an act
(c) test any emission. specifically enjoined as a duty by this Act or its implementing rules and regulations; or
abuses his authority in the performance of his duty; or, in any manner, improperly
Any record, report or information obtained under this section shall be made available to the performs his duties under this Act or its implementing rules and regulations: Provided,
public, except upon a satisfactory showing to the Department by the entity concerned that the however, That no suit can be filed until thirty-day (30) notice has been taken thereon.
record, report or information, or parts thereof, if made public, would divulge secret methods
or processes entitled to protection as intellectual property. Such record, report or information The court shall exempt such action from the payment of filing fees, except fees for actions not
shall likewise be incorporated in the Department's industrial rating system. capable of pecuniary estimations, and shall likewise, upon prima facie showing of the non-
enforcement or violation complained of, exempt the plaintiff from the filing of an injunction
bond for the issuance of a preliminary injunction.
Within thirty (30) days, the court shall make a determination if the compliant herein is negligence, the first time offender's ability to pay may likewise be considered by the Pollution
malicious and/or baseless and shall accordingly dismiss the action and award attorney's fees Adjudication Board: Provided, Further, That in the absence of any extenuating or aggravating
and damages. circumstances, the amount of fine for negligence shall be equivalent to one-half of the fine for
willful violation.
Section 42. Independence of Action. - The filing of an administrative suit against such
person/entity does not preclude the right of any other person to file any criminal or civil The fines herein prescribed shall be increased by at least ten percent (10%), every three (3)
action. Such civil action shall proceed independently. years to compensate for inflation and to maintain the deterrent function of such fines.

Section 43. Suits and Strategic Legal Actions Against Public Participation and the In addition to the fines, the PAB shall order closure, suspension of development, construction,
Enforcement of This Act.- Where a suit is brought against a person who filed an action as or operations of the stationary sources until such time that proper environmental safeguards
provided in Sec. 41 of this Act, or against any person, institution or government agency that are put in place: Provided, That an establishment liable for a third offense shall suffer
implements this Act, it shall be the duty of the investigating prosecutor or the court, as the permanent closure immediately. This paragraph shall be without prejudice to the immediate
case may be, to immediately make a determination not exceeding thirty (30) days whether issuance of an ex parte order for such closure, suspension of development or construction, or
said legal action has been filed to harass, vex, exert undue pressure or stifle such legal cessation of operations during the pendency of the case upon prima facie evidence that their is
recourses of the person complaining of or enforcing the provisions of this Act. Upon imminent threat to life, public health, safety or general welfare, or to plant or animal life, or
determination thereof, evidence warranting the same, the court shall dismiss the case and whenever there is an exceedance of the emission standards set by the Department and/or the
award attorney's fees and double damages. Board and/or the appropriate LGU.

This provision shall also apply and benefit public officers who are sued for acts committed in Section 46. Violation of Standards for Motor Vehicles. - No motor vehicle shall be registered
their official capacity, their being no grave abuse of authority, and done in the course of with the DOTC unless it meets the emission standards set by the Department as provided in
enforcing this Act. Sec. 21 hereof.

Section 44. Lien Upon Personal and Immovable Properties of Violators. - Fines and penalties Any vehicle suspected of violation of emission standards through visual signs, such as, but not
imposed pursuant to this Act shall be liens upon personal or immovable properties of the limited to smoke-belching, shall be subjected to an emission test by a duly authorized emission
violator. Such lien shall, in case of insolvency of the respondent violator, enjoy preference to testing center. For this purpose, the DOTC or its authorized testing center shall establish a
laborer's wages under Articles 2241 and 2242 of Republic Act No. 386, otherwise known as the roadside inspection system. Should it be shown that there was no violation of emission
New Civil Code of the Philippines. standards, the vehicle shall be immediately released. Otherwise, a testing result indicating an
exceedance of the emission standards would warrant the continuing custody of the
Chapter 6 impounded vehicle unless the appropriate penalties are fully paid, and the license plate is
Fines and Penalties surrendered to the DOTC pending the fulfillment of the undertaking by the owner/operator of
the motor vehicle to make the necessary repairs so as to comply with the standards. A pass
Section 45. Violation of Standards for Stationary Sources. - For actual exceedance of any shall herein be issued by the DOTC to authorize the use of the motor vehicle within a specified
pollution or air quality standards under this Act or its rules and regulations, the Department, period that shall not exceed seven (7) days for the sole purpose of making the necessary
through the Pollution Adjudication Board (PAB), shall impose a fine of not more than One repairs on the said vehicle. The owner/operator of the vehicle shall be required to correct its
hundred thousand pesos (P100,000.00) for every day of violation against the owner or defects and show proof of compliance to the appropriate pollution control office before the
operator of a stationary source until such time that the standards have been complied with. vehicle can be allowed to be driven on any public or subdivision roads.

For purposes of the application of the fines, the PAB shall prepare a fine rating system to In addition, the driver and operator of the apprehended vehicle shall undergo a seminar on
adjust the maximum fine based on the violator's ability to pay, degree of willfulness, degree of pollution control management conducted by the DOTC and shall also suffer the following
negligence, history of non-compliance and degree of recalcitrance: Provided, That in case of penalties:
 a) First Offense - a fine not to exceed Two Thousand Pesos (P2,000.00); (d) irreparable or grave damage to the environment as a consequence of any violation
of the provisions of this Act.
b) Second Offense - a fine not less than Two Thousand Pesos (P2,000.00) and not to
exceed Four Thousand Pesos (P4,000.00); and 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,
c) Third offense - one (1) year suspension of the Motor Vehicle Registration (MVR) and manager, directors, trustees, the pollution control officer or the officials directly in charge of
a fine of not less than Four Thousand Pesos (P4,000.00) and not more than Six the operations shall suffer the penalty herein provided.
thousand pesos (P6,000.00).
Chapter 7
Any violation of the provisions of Sec. 21 paragraph (d) with regard to national inspection and Final Provisions
maintenance program, including technicians and facility compliance shall penalized with a fine
of not less than Thirty Thousand Pesos (P30,000.00) or cancellation of license of both the Section 49. Potential Loss or Shifts of Employment. - The Secretary of Labor is hereby
technician and the center, or both, as determined by the DTI. authorized to establish a compensation, retraining and relocation program to assist workers
laid off due to a company's compliance with the provisions of this Act.
All law enforcement officials and deputized agents accredited to conduct vehicle emissions
testing and apprehensions shall undergo a mandatory training on emission standards and Section 50. Appropriations. - An amount of Seven Hundred Fifty Million Pesos
regulations. For this purpose, the Department, together with the DOTC, DTI, DOST, Philippine (P750,000,000.00) shall be appropriated for the initial implementation of this Act, of which,
National Police (PNP) and other concerned agencies and private entities shall design a training the amount of Three Hundred Million Pesos (P300,000,000.00) shall be appropriated to the
program. Department; Two Hundred Million Pesos (P200,000,000.00) to the DTI; One Hundred Fifty
Million Pesos (P150,000,000.00) to the DOTC; and One Hundred Million Pesos
Section 47. Fines and Penalties for Violations of Other Provisions in the Act. - For violations of (P100,000,000.00) to the DOE.
all other provisions provided in this Act and of the rules and regulations thereof, a fine of not
less than Ten thousand pesos (P10,000) but not more than One Hundred thousand Pesos Thereafter, the amount necessary to effectively carry out the provisions of this Act shall be
(P100,000) or six (6) months to six (6) years imprisonment or both shall be imposed. If the included in the General Appropriations Act.
offender is a juridical person, the president, manager, directors, trustees, the pollution control
officer or the officials directly in charge of the operations shall suffer the penalty herein Section 51. Implementing Rules and Regulations. - The Department, in coordination with the
provided. Committees on Environment and Ecology of the Senate and House of Representatives,
respectively and other agencies, shall promulgate the implementing rules and regulations for
Section 48. Gross Violations. - In case of gross violation of this Act or its implementing rules this Act, within one (1) year after the enactment of this Act: Provided, That rules and
and regulations, the PAB shall recommend to the proper government agencies to file the regulations issued by other government agencies and instrumentalities for the prevention
appropriate criminal charges against the violators. The PAB shall assist the public prosecutor in and/or abatement of pollution not inconsistent with this Act shall supplement the rules and
the litigation of the case. Gross violation shall mean: regulations issued by the Department pursuant to the provisions of this Act.

(a) three (3) or more specific offenses within a period of one (1) year; Section 52. Report to Congress. - The Department shall report to Congress, not later than
March 30 of every year following the approval of this Act, the progress of the pollution control
(b) three (3) or more specific offenses with three (3) consecutive years; efforts and make the necessary recommendations in areas where there is need for legislative
action.
(c) blatant disregard of the orders of the PAB, such s but not limited to the breaking of
seal, padlocks and other similar devices, or operation despite the existence of an order Section 53. Joint Congressional Oversight Committee. - There is hereby created a joint
for closure, discontinuance or cessation of operation; and congressional oversight committee to monitor the implementation of this Act. The committee
shall be composed of five (5) senators and five (5) representatives to be appointed by the
Senate President and the Speaker of the House of Representatives, respectively, the oversight
committee shall be co-chaired by a senator and a representative designated by the Senate
President and the Speaker of the House of Representatives, respectively.

The mandate given to the joint congressional oversight committee under this Act shall be
without prejudice to the performance of the duties and functions by the respective existing
oversight committees of the Senate and the House of Representatives.

Section 54. Separability of Provisions. - If any provision of this Act or the application of such
provision to any person or circumstances is declared unconstitutional, the remainder of the
Act or the application of such provision to other person or circumstances shall not be affected
by such declaration.

Section 55. Repealing Clause. - Presidential Decree No. 1181 is hereby repealed. Presidential
Decrees Nos. 1152, 1586 and Presidential Decree No. 984 are partly modified. All other laws,
orders, issuance, rules and regulations inconsistent herewith are hereby repealed or modified
accordingly.

Section 56. Effectivity. - This Act shall take effect fifteen (15) days from the date of its
publication in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved, June 23, 1999.