Partnership For Clean Air General Assembly

DOTC Clean Emission,
Clean Air Program

(DOTC Clean Air Initiatives Under the
Clean Air Act of 1999)
20 October 2005
Partnership for Clean Air General Assembly
Asian Development Bank
Mr. Reginald S. Velasco

Department of Transportation and Communications
Philippine Clean Air Act of 1999
In 1999, Congress enacted Republic Act No. 8749,
otherwise known as the Philippine Clean Air Act, a
landmark legislation setting a comprehensive air
quality management policy and program which
aims to achieve and maintain healthy air for all the
people in the Philippines.
2
The Clean Air Act is guided by
the following principles:
1. protect and advance the right of the people to a
balanced and healthful ecology in accord with
the rhythm and harmony of nature;
2. promote and protect the global environment
while organizing the primary responsibility of
local government units to deal with
environmental problems;
3
The Clean Air Act is guided by
the following principles:
3. recognize that the responsibility of cleaning the

habitat and environment is primarily area-based;
and
4. recognize that a clean and healthy environment
is for the good of all and should therefore be the
concern of all.
4
Philippine Clean Air Act of 1999
All potential sources of air pollution (mobile, point and area
sources) are covered by Clean Air Act and must comply with
the provisions of the law. All emissions must be within the
air quality standards.
Mobile sources include vehicles like cars, trucks, buses,
jeepneys, tricycles, motorcycles and vans. Point sources
refer to stationary sources such as industrial firms and the
smokestacks of power plants, hotels and other
establishments. Area sources refers to sources of
emissions other than the above. These include smoking,
burning of garbage, and dust from construction, unpaved
grounds, etc.
5
The Clean Air Act sets the compliance mandates
for mobile sources of air pollution, as follows:
1. Exhaust emission standards for various mobile sources
that are either in-use, new, rebuilt, and imported
second-hand have been set.
2. All new motor vehicles classified under the Philippine
National Standards 1891 of the Bureau of Product
Standards of the Department of Trade and Industry,
whether locally assembled/manufactured or imported
are to be covered by a Certificate of Conformity (COC).
The COC is to be issued by the DENR to the motor
vehicle manufacturer, assembler or importer.
6
The Clean Air Act sets the compliance mandates
for mobile sources of air pollution, as follows:
3. In-use motor vehicles will only be allowed renewal of their
registration upon proof of compliance with emission
standards through actual testing by the Motor Vehicle
Inspection System (MVIS) of the DOTC/LTO, and authorized
private emission testing centers. Rebuilt motor vehicles or
imported second hand completely built-up or pre-regulated
vehicles retrofitted with secondhand engines will only be
allowed registration or renewal of registration upon
submission of a valid Certificate of Compliance to Emission
Standards (CCES) issued by the DOTC. The CCES will only
be issued if the exhaust emission standard for that specific
motor vehicle is met, as verified by actual testing through
the MVIS. 7
The Clean Air Act imposes severe penalties for
smoke belchers. Smoke belching vehicles
apprehended on the road are subjected to
emission testing by properly equipped
enforcement teams from the DOTC/LTO or its duly
deputized agents. Violators will be subject to the
following fines/penalties:
1st offense P 1,000.00
2nd offense P 3,000.00
3rd offense P 5,000.00 plus a seminar on
pollution management
8
To achieve clean air, auto fuels and their
specifications are set as follows:
1. The complete phase out of leaded gasoline before the end of the
year 2000.
2. The lowering of the sulfur content of industrial and
automotive diesel, respectively, from 0.5% to 0.3% and 0.2% to
0.05%.
3. The lowering of aromatics in unleaded gasoline from 45%
maximum to 35% maximum, and the lowering of benzene in
unleaded gasoline from 4% maximum to 2% maximum.
Under the Clean Air Act, the DOTC has been tasked as the lead agency in
the mitigation of air pollution from mobile sources, reduction of emission
from vehicular use, reduction in traffic congestion and traffic flow.
9
The Motor Vehicle User’s Charge (MVUC)
To ensure a sustainable implementation of the Clean Air
Law, Congress enacted Republic Act No. 8794 providing
for the use of a portion (7.5%) of the proceeds of a fund
created from the motor vehicle user’s charge to finance
the multi-pronged tasks of the DOTC to enforce the
emission standards for motor vehicles and to establish a
national motor vehicle inspection and maintenance
program that will promote efficient and safe operation of
all motor vehicles in the country.
10
The Motor Vehicle User’s Charge (MVUC)
For this purpose, a Special Vehicle Pollution Control Fund
was created from the MVUC. Hence, every year, the
government’s annual budget earmarks an amount within
the MVUC to enable the DOTC to fulfill its mandate under
the Clean Air Law.
The Road Board, the body established to administer the

MVUC fund, has recently approved the DOTC Multi-Year
Program Framework which covers the various activities
and proposed yearly funding support for the period 2006-
2010. 11
Private Emission Testing Center (PETC)
RATIONALE:
 Section 21 of Republic Act No. 8749
 Section I, Rule XXXII
 Articles VII and VIII of DTI-DOTC Joint Administrative
Order No. 1, Series of 2001
 Dept. Order No. 2002-31 “Authorization of Private
Emission Testing Centers”
 Dept. Order No. 2004-01 “Rules and Regulations
Concerning the Issuance of DOTC/LTO Authorization of
Motor Vehicle Private Emission Testing Centers (PETCs)
12
OBJECTIVES
To ensure substantial reduction of emission

from motor vehicles.
13
Brief Description
 An interim program and a stop gap measure prior to
the full operational of the privatized metro Manila
MVIS airshed MVIS lanes.
 Commissioned by the government through
accreditation by the DTI and authorization by the
DOTC/LTO.
 Conduct regulatory test independent from the
government testing function.
14
Implementation/Operation Problems
 Irregularities in PETC operation
 Proliferation of authorized (fake) inspection Certificate
of Emission Compliance (CEC)
 Non-inspection (non-appearance) of vehicles
 Fraud inspection
15
PETC Monitoring
 Section 35, Article X of DTI-DOTC Joint Administrative
Order No. 01, Series of 2001
 Dept. Order No. 2003-04 initiated to constitute an interim
committee composition
 DENR-DTI-DOTC Joint Administrative Order No. 1,
Series of 2001
16
Performance/Accomplishment Report
SUMMARY
2004 2005
Suspended 81 26
Cancelled 8 3
*As of August 2005
17
Proposed Measures
 Higher Penalty for violations;
 Establish criteria for permanent cancellation;
 Moratorium on PETC accreditation (DTI) and authorization
(LTO);
 Establish PETC’s in areas lacking the required emission
testing center.
 Re-engineer the PETC Monitoring System by:
 beef up personnel with additional
funds/recruitment
 invite other NGOs to join monitoring team
18
Expanded MVIS Project
Catch-Up Plan
Project Description and Objective
The project envisioned the privatization of
government -owned MVIS facilities as a step
towards the implementation of a nationwide MVIS to
ensure compliance with the standards on motor
vehicle roadworthiness, safety and smoke
emissions.
To enhance road safety for the riding public as well
as pedestrians by reducing accidents arising from
vehicular defects and mechanical failures. 19
Catch-Up Plan
Project Description and Objective
To promote cleaner environment by reducing air
pollution coming from vehicular smoke emissions.
20
Catch-Up Plan
Legal Basis
RA 4136: Land Transportation and Traffic Code
provides that DOTC through LTO has the authority to
inspect any motor vehicle to determine whether such
motor vehicle is registered, safe, roadworthy, or does
not emit unnecessary or disagreeable odor, smoke or
noise; and upon inspection, issue a certificate of
registration to any motor vehicle that complies with its
prescribed minimum standards or refuse such
registration until said minimum standards are fully
complied with. 21
Catch-Up Plan
Legal Basis
DOTC Administrative Order No. 91-005:
This promulgates the pre-requisites for vehicle
registration and standards for roadworthiness & safety.
RA 8749: Philippine Clean Air Act of 1999

which mandates DOTC/LTO through the MVIS to
implement the emission standards for in-use motor
vehicles as a requirement for renewal of annual
registration.
22
Catch-Up Plan
Implementation Strategy
The project involves the implementation of MVIS through
private sector participation arrangement with government
oversight through lease and authorize scheme. Under the
said scheme the DOTC/LTO will conduct a bidding for the
leasing of the government MVIS facilities on an “as is, where
is” basis to qualified private entities.
The project commences with the privatization of the

government-owned MVIS facilities and thereafter takes off
with the provision of additional mobile inspection lanes that
shall satisfy the inspection demand.
23
Catch-Up Plan
Under the “lease and authorize” privatization scheme, the
country will be divided into seven initial service areas. These
are:
• NCR North
• NCR South
• Regions 1,2,3 & CAR
• Regions 4,5 & 8
• Regions 6 & 7
• Regions 9, 10 & Caraga
• Regions 11,12 & ARMM
24
Catch-Up Plan
The successful bidder, as lessee, is required to apply
for authorization to conduct motor vehicle inspection
on behalf of the government under a program to be
called the “Private MVIS Authorization program”
(PMAP) that will be established through an
administrative order to be issued by the DOTC
Secretary.
25
Anti-Smoke Belching Program of DOTC/LTO
Anti-Smoke Belching Program for those violating

the emission standards of diesel-powered motor
vehicles, which comprise 65% of total fleet and are
suspected of contributing to majority of urban
exposure and health impacts. The DOTC Anti-
Smoke Belching Unit (ASBU) was created.
26
Vehicle Inspection and Maintenance Program
Draft a new guideline for the vehicle inspection and

maintenance program of public utility buses instead of
phasing our 15-year old buses. A Technical Working
Group (TWG) was created comprising DOTC, LTO,
Bus/AUV Operators, Body Builders, DTI and other
concerned agencies. As initial step of the program,
the TWG used LTO Administrative Order No. 91-005, as
a working paper because the said guideline has the
most comprehensive motor vehicle inspection and
maintenance program.
27
Mandatory Motor Vehicle Emission Inspection
Prior To Registration
 Section 1/Rule XXXII entitled “Emission Control for in-use
Vehicles” of the IRR of the Clean Air Act requires that “All
in-use motor vehicles, and vehicles with
updated/enhanced engine whose chassis are pre-
registered with DOTC/LTO will only be allowed renewal of
registration upon proof of compliance of the emission
standard. The DOTC/LTO shall conduct the vehicle test
utilizing the Motor Vehicle Inspection Station (MVIS) or its
duly authorized and accredited inspection Centers
(PETCs) consistent with RA 7394 otherwise known as the
Consumer Act of the Philippines within sixty (60) days
prior to date of registration. 28
Mandatory Motor Vehicle Emission Inspection
Prior To Registration
 Section 2 of the Implementing Rules and

Regulations (IRR) of the Philippine Clean Air Act
states that “No rebuilt or second-hand CBU
imported into the country or pre-registered
vehicles retrofitted with second-hand engines
shall be allowed registration or renewal of
registration without valid Certificate of
Compliance to Emission Standard (CCES)
issued by the DOTC.” 29
Encouraging The Use of Mass Transport
System and 4-Stroke Engines For Motorcycles
 Mass Transit System (MRT, LRT, BRT)
 The primary Mass Transit backbone of DOTC shall still
be the Light Rail Transit (LRT) System. To decongest

Metro Manila, the Department aims to increase the share
of rail transit in moving passengers thru MRT/LRT
projects by increasing capacity of existing rail systems,
extending rail facilities, and building new rail lines.
 Bus Rapid Transit (BRT) is a mass transit system using
exclusive right of way lanes that mimic the rapidity and

performance of metro systems but utilize bus technology
rather than rail vehicle technology.
30
Encouraging The Use of Mass Transport
System and 4-Stroke Engines For Motorcycles
Currently, 75% of total volumes of motorcycles are two-stoke
engines whose exhaust and Hydrocarbon (HC) Emissions.
The cost of a new 4-stroke engine motorcycle will be about
the same for consumers as one with 2-stroke engine.
However, the 4-stroke versions are much cleaner. The
operating cost may be lower as they are more fuel-efficient.
We are lagging well behind our neighbors in enforcing a shift
through stringent standards. The share of new 4-stroke
motorcycles is 100% in Vietnam, 85% in China, 82% in
Thailand and 60% in India, but only about 25% in the
Philippines.
31
Improving Public Transport And Traffic
Management To Reduce Congestion
 Priority Lanes in Traffic Management
 Public Transport Route Rationalization Program
 Integrated Transport Terminals Program
32
Promoting The Use of CNG Buses and Use of
Other Alternative Fuels and Other Pollution
Mitigating Measures/Devices
DOTC issued Department Order No. 2004-34 for the
transport sector to maximize the benefit from the use
of the CNG, by directing all Offices and sectors of the
Department to implement the following measures that
would promote the immediate use of the CNG fuel:
 LTFRB is directed to issue franchises exclusive
for CNG bus operation.
33
Promoting The Use of CNG Buses and Use of
Other Alternative Fuels and Other Pollution
Mitigating Measures/Devices
 The Land Transportation Office (LTO) is also directed
to require Certification of Adherence to Vehicle Design
and Safety Standards from the Bureau of Transport
Services (BIS)/Department of Trade and Industry (DTI)
to protect road users from vehicle crashes resulting
from operations of substantial vehicles; and Certificate
of Conformity (COC) from DENR as they are registered
as brand new vehicles and in deference to the
provisions of the Clean Air Act from all assembled
buses fashioned from second-hand engines and spare
parts.
34

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Partnership For Clean Air General Assembly

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DOTC Clean Emission,

Clean Air Program

Mr. Reginald S. Velasco

3. recognize that the responsibility of cleaning the

The Road Board, the body established to administer the

To ensure substantial reduction of emission

RA 8749: Philippine Clean Air Act of 1999

The project commences with the privatization of the

Anti-Smoke Belching Program for those violating

Draft a new guideline for the vehicle inspection and

 Section 2 of the Implementing Rules and

be the Light Rail Transit (LRT) System. To decongest

exclusive right of way lanes that mimic the rapidity and

for CNG bus operation.

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