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CLEAN AIR ACT &

ITS IMPLEMENTING RULES &
REGULATIONS
“Basic PCO Training”
Presented by:

ENGR. JEAN N. ROSETE

Chief, Air Quality Management Section
Environmental Management Bureau-DENR

Outline of Presentation
 Introduction
Sources of Air Pollution
Air Quality Status (National and Metro

Manila)
 Definition of “Stationary Source”
 Classification of Stationary Sources
 Status/Updates of CAA implementation (for
stationary sources)
 Policy updates

SOURCES OF AIR POLLUTION
1. STATIONARY SOURCE

2. MOBILE SOURCE

3. AREA SOURCE

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EDSA 74 EAST AVENUE 58 ATENEO 121 VALENZUELA 0 50 100 150 200 250 .2011 TSP TREND 128 MAKATI -BOF 136 MANDALUYONG CITY 219 MRT TAFT PASAY 101 DOH. MNL 125 MARIKINA CONCENTRATION 103 NPO.

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m 80 101 107 104 . 60 40 20 0 2004 2005 2006 2007 2008 2009 2010 .160 140 Total Suspended Particles (TSP) Total Suspended Particles (TSP) National Trend 2004-2010 145 National Trend 2004-2010 Annual geometric mean: 90ug/Ncm 129 120 112 Axis Title 100 105 90 ug/Ncu.

Clean Air Act & its Implementing Rules & Regulations (Stationary Sources) Status of Implementation .

throughout the Philippines.CAA GOAL To achieve and maintain clean air that meets the National Air Quality Guidelines for Criteria Pollutants. while minimizing the possible associated impacts on the economy of the Philippines. .

7. 1999 Enactment of RA 8749 (CAA)  July 2. 10. 1999 CAA effectivity Nov. 25. 1999     CAA Publication July 17. 2000 IRR Effectivity . 2000 IRR publication Nov.Important Dates to Remember  June 23.2000 IRR approved as DAO 2000-81 Nov.

Basic AQMS Concept  All sources of air pollutant emissions will require a permit to operate (PO)/registration  All sources shall comply with the Air Quality Standards before it can be issued a PO or can be registered (in case of MV) .

.The schedule for achievement of healthy air will be set on an airshed-specific basis  Each airshed has its own multi-sectoral governing boards to oversee the planning and implementation of air quality management policies and to ensure strong coordination among government agencies and between government agencies and the private sector and civil society.

DENR has designated twenty (20) airsheds and their corresponding Governing Boards. .Designation of Airshed DENR MC 2002-03 sets the guidelines for the designation of an Airshed. five (5) of which are Geothermal Airsheds.

Designated Airsheds National Capital Region Region3 (except Tarlac & Nueva Ecija) Region4A(except Quezon & Batangas) Northern Pangasinan (R1) Tuguegarao ( PIESTA) MIMAROPA (R4B) Naga (R5) Metro Iloilo (R6) Metro Cebu (R7) Davao City (R11) Zamboanga (R9) Cagayan de Oro (R10) Agusan del Norte (R13) South Cotabato (R12) BLIST (CAR) .

Southern Negros  Sorsogon Geothermal. Bacon Manito  Leyte Geothermal  Mt. CALABARZON . N.Geothermal Airsheds  Palinpinon Geothermal. Cotabato  Banahaw-Makiling. Apo Geothermal.

Designation of Attainment /NonAttainment Areas  DENR thru EMB shall designate airsheds as “attainment” (AA) or “non-attainment” (NA) areas  Attainment areas: in compliance with the NAAQGV for criteria pollutants  Non-attainment areas: not in compliance with the NAAQGV for criteria pollutants ATTAINMENT AREA NON-ATTAINMENT AREA .

Designation of Attainment/ Non-Attainment Areas  DENR Memorandum Circular No. 2005-13 sets the guidelines for designation of Attainment and NonAttainment areas EDSA has been declared as Non- attainment area .

DAO 2000-81) . process and fuel burning equipment or industrial plants emitting air pollutants shall comply with the National Emission Standards for Source Specific Air Pollutants (Table 2.Section 19. industry. CAA “Pollution from Stationary Sources”  Any trade.

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Modified . Existing 2. New 3.What is a Stationary Source Refers to any building or immobile structure. facility or installation which emits or may emit any air pollutant Stationary Source Classifications 1.

installed. & in operation. or any source for which construction has been offered for bidding or actual construction has commenced prior to the date of effectivity of the IRR (Nov.Definition  Existing Source any source already erected. 2000) .

emits or disposes air emissions into the atmosphere and constructed Any existing source transferred or moved to a different location or site for the purpose of installation. equipment. operation or use after the effectivity date of the IRR . or installation in any trade.Definition  New source any plant. business or establishment which generates.

Definition  Modified source any existing source which in the opinion of the Department has undergone a MODIFICATION* after the date of adoption of an applicable rules & regulations and shall be reclassified as “new source” * any physical change or alteration in the method of operation of an existing source which increases the amount of any air pollutant (to which a standard is applies) emitted into the atmosphere by that source or which results in the emission of any air pollutant (to which a standard is applies) into the atmosphere not previously emitted .

 Existing source may be given a compliance period of 18 months and an extension of not more than 12 months  Industries located in non-attainment areas comply with more stringent air quality standards and regulations.Regulatory Flexibility  Existing source complies with less stringent standards than new or modified sources. .

General Policy All sources of air emissions must comply with both emission and ambient air quality standards .

Permitting Requirements Stationary Sources (DAO 2004-26)  Secure Permit to Operate prior to operation  Issued upon compliance with both emission & ambient standards  EMB Regional Office to act within 30 days from submission of complete requirements  EMB Regional Office may issue Temporary Permit to Operate (TPO) not to exceed 90 days .

Permitting Requirement Stationary Sources (DAO 2004-26)  Valid for five years (maximum)  Renew at least 30 days prior to expiration date  Display upon the installation itself .

Grounds for Suspension or Revocation of Permits  Non-compliance with or violation of any provision of the act. IRR and/or permit conditions  False or inaccurate information in the application for permit that led to the issuance of the permit  Refusal to allow lawful inspection conducted by the department through the bureau or duly authorized personnel  Non-payment of the appropriate fees  Other valid purposes .

the discharge of air pollutants that result in airborne concentrations in excess of the National Ambient Air Quality Standards for Source Specific Air Pollutants (Table 3. . DAO 2000-81) shall not be permitted.Section 12. CAA “Ambient Air Quality Guideline Values and Standards” √ For any industrial establishment or operation.

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Monitoring and Adjudication .

DAO 29 and DAO 200181 on the Preparation and Submission of Self-Monitoring Report (SMR)” Quarterly submission. R. 8749 .A.Self Monitoring Report  DENR Administrative Order No. signed and notarized SMR to the EMB Regional Office where the facility is covered MODULE 4.A. 2003-27 “Amending DAO 26. 8749 – this module provides information on compliance with the requirements of R. within fifteen (15) calendar days after the end each quarter Submit completed.

operator & PCO  Identified sources of air emissions (both fugitive & stack)  Describe the process that causes air emissions including:  Lists of pollutants emitted.SMR: Minimum Information  Facility name/address  Name of owner. expected rate of emission  Annual emission in tons per pollutant .

no. ECC w/ permit no. Of days/year. & issuance date  Operation parameters (process capacity. fuel consumption.SMR: Minimum Information  Pollution control equipment installed including efficiency.e. of hrs operation/day/no. P/O. etc . capacity and status (operational or not)  Information on permits acquired (i.

ACTIONS TO NON-COMPLIANCE OF STATIONARY SOURCES Issuance of Notice of Violation by EMB-Regional Office (RO) Conduct of Technical Conference with firm and EMB RO Firm submits Compliance Plan (CP) EMB-RO approves and monitors CP .

etc. “Tax Incentives” • DAO 2004-53 “Guidelines to implement tax incentives under Section 13 of RA 8749”  Applicable to industries intending to install pollution control devices or retrofit existing facilities with mechanisms that reduce pollution  Such incentives include accelerated depreciation.  No new incentive(s) offered to industries but rather reiterates the incentives that are already existing even before the CAA and are granted by Incentives-Administering Agencies such the BIR. reduced tax on imported goods for pollution control. CAA.Section 13. BOI. . (not DENR).

Sec. CAA “Air Quality Management Fund”  DENR-DBM Joint Memorandum Circular No. DENR SO # 2004-867 “Creates a Special Review Committee w/in EMB to review project proposals for eligible funding to the AQMF” . 2005-10 “Guidelines on the selection of qualified projects and activities eligible for funding under the AQMF.01 “Implementing Guidelines on Operationalization of the AQMF”. 14. 2004. DENR MC No.

CAA “Ban on Incineration” Supreme Court Decision. DENR MC 05 Series of 2002 clarifies that any burn or non-burn thermal treatment of toxic. 20. . hazardous.Sec. Section 20 of the Act only prohibits incineration which emits poisonous and toxic fumes. medical and bio-medical wastes that meets the emission standards in Section 19 of RA8749 and complies with other applicable Phil laws is allowed.

The Department continues to promote the use of “state of the art non-burn technologies” AUTOCLAVE PYROLYSIS PLASMA MICROWAVE .

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

3%. • 2% bio-diesel blend.Improved Fuel Quality Industrial Fuel: 0. Regular BFO. 1% & 2% or upon industry order Automotive Fuel: Phased-out leaded gasoline nationwide in December 2000 2% benzene and 35% aromatics content in gasoline .3% sulfur content for Industrial diesel Sulfur content of Bunker Fuel. and • Ethanol-gasoline blend (E10) . Special BFO.05% sulfur content in auto-diesel “Biofuels Act of 2006” (RA 9367).

AIR QUALITY MONITORING .

TSP Ambient Air Quality Monitoring  43 Manual Stations established nationwide 10 stations located in Metro Manila 33 stations outside Metro Manila .

realtime) . realtime)  6 (automatic.PM-10 Ambient Air Monitoring  Metro Manila  Outside Metro Manila  6 (manual)  6 (manual)  3 (automatic.

) .5  Meteorological parameters (wind speed & direction. PM-10 & 2. etc. O3. relative humidity. precipitation. temperature. CO. HC. NO2.Automatic Ambient Air Quality Monitoring Station (AAQMS) 10 Stations (conventional technology) Location  National Capital Region (5)  Region 4A (3)  Region 3 (1) Parameters measured  Criteria Pollutants (SO2.

Automatic Ambient Air Quality
Monitoring Station
 8 Stations (open-path technology)
Location
NCR (4)
Cebu City (1)
Baguio City (1)
Cagayan de Oro City (1)
Iloilo City (1)
Parameters measured
Criteria Pollutants (SO2, NO2, CO, O3

PM-10)
Meteorological parameters

Section 45, CAA “Violation of Standards
for Stationary Sources”
“For actual exceedance of any pollution or
air quality standards under this Act or its
rules and regulations, the Department,
through the Pollution Adjudication Board
(PAB),shall impose a fine of not more than
One Hundred Pesos (Php 100,000.00) for
every day of violation against the owner or
operator of a stationary source until such
time that the standards have been complied
with”
Status: PAB Resolution #4, series of 2005
“Fine Rating System” issued

Adjudication
 Pollution Adjudication Board (DENR)
 Resolve issues involving alleged violation
of the CAA & IRR (stationary sources)
 Impose penalties for lack of compliance

Stationary Sources  A fine of < P 100.Fines & Penalties Section 45.000.00 for everyday of violation of standards until such time that standards have been complied with  Shall be increased by at least 10% every 3 years to compensate for inflation & to maintain the deterrent function of the fine .

000.000.00  3 years & 1 day to 5 years imprisonment  .Fines & Penalties Stationary Sources  Penalties for gross violation: imprisonment of not less than 6 years but not more than 10 years at the discretion of the court  Violation of Other Provisions  A fine of not < P 10.00 but not > P 100.

Or  Blatant disregard of PAB orders. Or  Irreparable or grave damage to the environment as a consequence of violation of the act and its IRR . Or  Three or more specific offenses w/in 3 consecutive years.Gross Violation  Shall mean:  Three or more specific offenses w/in a period of 1 year.

of Php 10k not > 100k. or  Both . or  6 months to 6 years imprisonment. Fines and Penalties for Violations of Other Provisions  Min.Section 47.

POLICY UPDATES .

regulators & the public of the reliability of source emission test results  Ensures that accredited firms are fully capable of conducting source emission tests in accordance with the CAA-IRR (DAO 2000-81) .Third-Party Source Emission Testing Firms Accreditation  DAO 2007-25 (dtd July 2007) “Guidelines on the Accreditation of TPSETF”  Provides assurance to stakeholders.

Continuous Emission Monitoring System (CEMS)  DAO 2007-22 “Guidelines on the Installations of CEMS” Coverage:  Existing major source (Rule XXV IRR. any new or modified source (regardless of industry) w/ potential to emit at least 750 tons/year of any regulated pollutant  Any industry engaged in emission trading or averaging must install CEMS (for a certain parameter) .

12/7/07 “Policy on Compliance and Permitting for Industrial Facilities Relating to Air Quality” To standardize permitting procedures across EMB .Compliance and Permitting MC 2007-03. dtd.

Compliance and Permitting MC 2009-004 dated 01 April 2009 “Amendment of Annex 2 of MC 2007-003 regarding compliance and permitting for industrial facilities relating to air quality”  Compliance testing of stand-by gensets with 1.250 KW capacity once a year (instead of 2x) .

Air Pollution Control Techniques  Memorandum Circular No. 2008-005 on Air Pollution Control Techniques for Stationary Sources of Air Pollution  Aims to provide guidance on the selection and operation of air pollution devices  Not the intention to provide definitive guidance on the selection and design of air pollution control devices .

Reportorial requirement: Plant operational problem Memorandum Circular 2011-004. 2. 3. Section 13” 1. Breakdown of an air pollution control facility lasting up to 1 hour not covered. dated April 2011 “Clarificatory guidelines re: DAO 2000-81. Breakdown and non-operation of a source equipment not covered. the same may be included in the SMR. Breakdown of an air pollution control facility lasting more than 1 hour must be reported to EMB within 24 hrs from its occurrence . Part VI. Rule XIX.

Standards for Motor Vehicles & Motorcycle/Tricycles  DAO 2010-23 “Revised Emission Standards for Motor Vehicles except Motorcycles/Tricycles  DAO 2010-24 “Revised Emission Standards for Motorcycles/Tricycles .

emb.THANK YOU LETS ALL ACT TO CLEAN THE AIR www.ph 928-4430 (telefax) .gov.