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Republic Act No.

8749:

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“Philippine Clean Air Act of 1999”

Basic PCO Training Course


Presented by:
Engr. Emmanuel R. Altarejos
Executive Vice President – BSI
Outline Presentation
• Introduction

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Clean Air Act Goal
Basic concept of AQMS
Schedule for attainment of clean air
• Compliance and Permitting
Requirements
• Source Emission and Ambient Air
Monitoring and Reporting
Requirements
• Policy updates
REPUBLIC ACT 8749 or
“Philippine Clean Air Act of 1999”

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“An Act Providing for a Comprehensive Air Pollution
Control Policy and for Other Purposes”

• DENR Administrative Order No. 2000-81


“Implementing Rules and Regulations of the Act”

• DENR Administrative Order No. 2000-82 “National


Air Quality Improvement Framework & National Air
Quality Control Action Plan”
Important Dates to Remember

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• June 23, 1999 Enactment of RA 8749 (CAA)
• July 2, 1999 CAA Publication
• July 17, 1999 CAA effectivity
• Nov. 7,2000 IRR approved as DAO 2000-81
• Nov. 10, 2000 IRR publication
• Nov. 25, 2000 IRR Effectivity
CAA Goal

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“To achieve and maintain
clean air that meets the
National Air Quality
Guidelines for Criteria
Pollutants, throughout the
Philippines, while minimizing
the possible associated
impacts on the economy of
the Philippines”
Basic AQMS Concept
 All sources of air pollutant

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emissions will require a
permit to operate
(PTO)/registration
 All sources shall comply
with the Air Quality
Standards before it can be
issued a PTO or can be
registered (in case of MV)
Schedule for achievement of healthy air :
airshed-specific basis

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• 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.
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POLUTION CONTROL
FOR STATIONARY SOURCES

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Section 19, CAA “Pollution from
Stationary Sources”

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

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• What is a Stationary Source
• Any building or immobile structure, facility or
installation which emits or may emit any air
pollutant

• Classifications:
• 1.Existing
• 2.New
• 3.Modified
Section 19, CAA “Pollution from
Stationary Sources”

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Definition
• Existing Source
any source already erected,
installed, & in operation; or
any source for which construction
has been offered for bidding or actual
construction has commenced prior to
the date of effectivity of the IRR (Nov.
2000)
Section 19, CAA “Pollution from
Stationary Sources”

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

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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
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Source Emission Testing

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- a sample is drawn from the
stack (at the point of
emission) in conditions that
represent those in the
source
- only provides the “Snap
Shot” of the emission from
a source at the time of
testing
Methodologies
Grab Sampling

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A sample of the flue gas is
extracted from a stack by the use
of a sampling probe, collected in
a container, then analyzed in the
laboratory to determine the
concentration of pollutants.

• Continuous Sampling
Use of built-in analyzers &
recording system or measures
“real-time concentration)
Testing Procedures

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

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Regulatory Flexibility
• Existing source complies with less

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stringent standards than new or
modified sources.
• Existing source may be given a
compliance period of 18 months and
an extension of not more than 12
months
• Industries located in non-attainment
areas comply with more stringent air
quality standards and regulations.
Section 12, RA 8749 “Philippine Clean Air
Act of 1999

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 Prescribes (1) Ambient Air Quality
Guideline Values and (2) Standards for
Source Specific Air Pollutants from
Industrial sources/operations

 To ensure the protection of public


health, safety and welfare
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National Ambient Air Quality Standards
(NAAQS)

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• Discharge of air pollutants that result in airborne
concentrations in excess of NAAQS shall not be
permitted

• Sampling shall be done at an elevation of at least


2 meters above the ground level

• Conducted at the highest expected


concentration, either at the property line or at a
downwind distance of 5-20 times the stack
height
Objectives: Ambient Air Sampling

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• To check compliance with the National
Ambient Air Quality Standards; and

• To assess air quality in the area in relation


to the National Ambient Air Quality
Guideline Values
Sampling Procedures
• The applicable methods for sampling and

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measurement of TSP, PM10, SO2, NO2,
O3, CO, Lead) are identified in Rule VII,
Section 1, (b) of DAO 2000 – 81. All
procedures were referenced to
Appendices of USEPA 40 CFR Part 50
• Acceptable analyzers are those designated
as a reference method in accordance to
USEPA 40 CFR, Part 53
• Other equivalent methods may be
approved by the EMB
Manual Ambient Air Sampling

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Automatic Ambient Air Sampling

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Section 16. Permits

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“The DENR shall have the authority to
issue permits as it may determine
necessary for the prevention and
abatement of air pollution”
“Said permits shall cover emission
limitations for the regulated air
pollutants to help attain and maintain
the ambient air quality standards”.
DAO 2004-26 “Amending Rule XIX of DAO
2000-81 or the IRR of CAA”

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All sources of air emissions shall secure Permit
to Operate (PtO) from the EMB ROs prior to
operation
PtO shall be issued upon compliance with both
emission & ambient standards
PtO shall be valid for 5 years
Temporary PtO can be issued with a maximum
validity period of 90 days
Requirements in the PtO will be based on
operating conditions at the time of the test
 Policy on
Compliance and

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Permitting for
Industrial Facilities
Relating to Air
Quality

(MC 2007-03, dtd.


12/7/07)
Rationale
• Standardization of permitting

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procedures
• Clarification for:
• How do facilities demonstrate
compliance?
• Which sources will require emission
test data and dispersion modeling
results with an application?
• “Polluter pays principle”
Policy on
Compliance Testing & Permitting

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• For permitting purposes (initial or renewal);

• For a routine compliance check of an existing


source;

• After modification have been made to a source to


achieve compliance; OR

• To investigate a pollution complaint


Permitting Policies

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• Permit conditions may be used to
specify all technical and operational
requirements for the effective
management and monitoring of
emissions.

• EMB shall specify routine testing


requirements in permits.
Permitting Policies

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

• An incomplete application, or one in


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

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

• Compliance shall be demonstrated


before a regular permit is issued
Classification of Stationary Sources
Classification Boiler Diesel GenSets Potential to
capacity (kW) Emit

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(hp) (tons/year)
LARGE >251 >1,250 (regardless of >100
frequency of operation)
MEDIUM 100 - 250 600 – 1,249 (regardless 30 - 100
of frequency of
operation)
SMALL 99 hp or less 599 kW or less 10 - 30
(regardless of its
frequency of operation)
ENVIRONMENTALLY Any source of emissions of hazardous air pollutants
SIGNIFICANT included on the list of Priority Chemicals in DAO 1998-
58.
The principal emission sources at petroleum refineries,
petrochemical works, smelters, cement kilns, and steel,
ferro-alloy and glass-making plants
Frequency of Compliance Testing
Source type New or modified Existing source

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source (permitting) (periodic or routine)

Environmentally Before a regular Twice/year


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

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• Boilers rated at equal to and <50 HP
• Diesel generators rated at equal to and
<300kW
• Other sources that have the potential
to emit <10 tons per year of an air
pollutant regulated under the Act
Compliance testing: EMB’s Role
QA/QC observers only

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Approves the Test Plan prior to conduct
compliance testing by DENR accredited 3rd party
stack emission testing firm
Advise permittee of the pollutants to be tested,
the test methods, the required operating
conditions and the data required
The permittee must arrange for a DENR
accredited 3rd party stack emission testing firm
to conduct the compliance test, and bear the cost
of doing so
Grounds for Revocation
• Non-compliance with or violation of any

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provision of the act, IRR and/or permit
conditions
• False or inaccurate information in the
application for permit that led to the issuance
of the permit
• Refusal to allow lawful inspection conducted
by the department through the bureau of duly
authorized personnel
• Non-payment of the appropriate fees
• Other valid purposes
Monitoring, Reporting and Adjudication

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Sec. 38, CAA “Record Keeping, Inspection,
Monitoring and Entry”

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“The DENR or its duly accredited entity shall, after proper
consultation and notice, require any person who owns or
operates any emission source or who is subject to any
requirement of this Act to:
(a) establish & maintain relevant records;
(b) make relevant records;
(c) install, use & maintain monitoring equipment or methods;
(d) sample emission, in accordance with the methods, locations,
intervals, & manner prescribed by the DENR;
(e) keep records on control equipment parameters, production
variables or other indirect data when direct monitoring of
emissions is impractical;
(f) provide such other information as the DENR may reasonably
require”.
Self Monitoring Report
• DENR Administrative Order No. 2003-27

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“Amending DAO 26, DAO 29 and DAO 2001-81 on
the Preparation and Submission of Self-
Monitoring Report (SMR)”
Quarterly submission, within fifteen (15) calendar
days after the end each quarter
Submit completed, signed and notarized SMR to
the EMB Regional Office where the facility is
covered
MODULE 4 provides information on compliance
with the requirements of R.A. 8749
SMR Objectives

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• It allows firms or establishments to
demonstrate their compliance with
environmental regulations (e.g., RA 9275, P.D.
1586, R.A.6969, R.A. 8749), and
• It allows EMB to confirm or validate that firms
or establishments comply with
environmental regulations or requirements.
ACTIONS TO NON-COMPLIANCE OF
STATIONARY SOURCES

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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
Elevated to PAB in case of non-compliance of
the CP
Policy Updates

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Continuous Emission Monitoring System
(CEMS)

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• 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
CEMS

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

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Relative Relative accuracy Once every four
Accuracy must not exceed 20% calendar quarters
Test Audit or 10% of applicable
(RATA) standard, whichever is
greater
Relative Inaccuracy must not May be performed
Accuracy exceed ±15% or in 3 of the 4
Audit ±7.5% of applicable calendar quarters
(RAA) standard, whichever is
greater
Cylinder Inaccuracy must not May be performed
Gas Audit exceed ±15% in 3 of the 4
(CGA) calendar quarters
Accreditation of 3rd Party Source Emission
Testing Firms

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 DAO 2013-26 “Guidelines on
the Accreditation of TPSETF”
 Provides assurance to
stakeholders, regulators & the
public of the reliability of
source emission test results
 Ensures that accredited firms
are fully capable of conducting
source emission tests in
accordance with the CAA-IRR
(DAO 2000-81)
Compliance Testing
MC 2009-004 dated 01 April

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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)
Reportorial requirement: Plant operational
problem

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Memorandum Circular 2011-004, dated April 2011
“Clarificatory guidelines re: DAO 2000-81, Part VI,
Rule XIX, Section 13”
1. Breakdown and non-operation of a source
equipment not covered;
2. Breakdown of an air pollution control facility
lasting up to 1 hour not covered, the same may
be included in the SMR;
3. Breakdown of an air pollution control facility
lasting more than 1 hour must be reported to
EMB within 24 hrs from its occurrence
Source Specific Air Pollutant Parameters for Fuel Combustion
Sources for Permitting Purposes (EMB MC No.2016-08)

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Air Pollution Source Equipment (APSE) with single source and
dual stack (eg. V-type engines) (EMB MC No.2016-08)

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•Two (2) stacks combined into one (1) stack. Stack sampling
shall be conducted in three (3) runs for combined single
stack.

•Two (2) stack to be tested individually. Results of three (3)


runs for each of the two (2) stack shall be average and
treated as single source.
REFERENCES
• RA 8749: The Philippine Clean Air Act of 1999 and its

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Implementing Rules and Regulations, DAO 2000-81,
Series 2000
• CFR 40 Part 60 of the USEPA
• CFR 40 Part 58 of the USEPA
• EMB Memorandum Circular No. 2016-08
• http://www.emb.gov.ph
• http://www.epa.gov/ttnemc01/
THAN K YOU… .

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