ENVIRONMENTAL LAWS FOR

COMMERCIAL AND INDUSTRIAL

ESTABLISHMENTS
BY: JOHN PAUL S. ORIS
1987 CONSTITUTION

Section 16, Article II

“The State shall protect and advance the right of the people to a
balanced and healthful ecology in accord with the rhythm and harmony
of nature.”
ENVIRONMENTAL MANAGEMENT
BUREAU (EMB)
PRIMARY MANDATE:
to formulate, integrate, coordinate, supervise, and implement all
policies, plans, programs, projects and activities relative to the
prevention and control of pollution as well as management and
enhancement of environment
 Lead agency responsible for the enforcement of
six (6) environmental laws namely:

• PD 1586 (Environmental Impact Statement

System)
• RA 8749 (Clean Air Act of 1999)
• RA 9275 (Philippine Clean Water Act)
• RA 6969 (Toxic Substances and Hazardous
Waste Control Act)
• RA 9003 (Ecological Solid Waste Management
Act)
• RA 9512 (Environmental Education Act of
2008)
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM
PRESIDENTIAL DECREE NO. 1586
ENVIRONMENTAL IMPACT STATEMENT (EIS)

• It is a comprehensive
study of the significant impacts of a project on
the environment. It includes an Environmental Management Plan
(EMP)/Program that the proponent will fund and implement to
protect the environment.
ENVIRONMENTAL COMPLIANCE CERTIFICATE

• Itcertifies that the proponent has complied with all the

requirements of the EIS System and has committed to implement its
approved Environmental Management Plan.
• Itcontains specific measures and conditions that the project
proponent has to undertake before and during the operation of a
project.

Section 4 of PD 1586 provides that:

No person, partnership or corporation shall undertake or operate
any such declared environmentally critical project (ECP) or area
(ECA) without first securing an Environmental Compliance
Certificate (ECC).
Environmentally Critical Projects (ECP)
Heavy Industries
1. Non-ferrous metal industries
2. Iron and steel mills
3. Petroleum and petrochemical industries, including oil and gas
4. Smelting plants
Environmentally Critical Projects (ECP)
Resource Extractive Industries
1. Major mining and quarrying projects
2. Forestry projects
3. Fishery projects
Environmentally Critical Projects (ECP)
Infrastructure Projects
1. Major Dams
2. Major Power Plants
3. Reclamation Projects
4. Major Roads and Bridges
Environmentally Critical Projects (ECP)
Golf Course Project (PROCLAMATION NO. 803 of 1996)
Certificate of Non-Coverage (CNC)
A document issued by DENR stating that the proposed project is not
covered by the Philippine Environmental Impact Assessment System,
therefore, the proponent is not required to secure an ECC prior to
commencement of operation.
THE TOXIC SUBSTANCES AND
HAZARDOUS AND NUCLEAR
WASTE CONTROL ACT OF 1990
Republic Act No. 6969
Coverage of RA 6969
• Chemical Management
“virgin materials”

• Hazardous Waste Management

“used/non-virgin materials”
CHEMICAL MANAGEMENT
• Priority Chemical List (PCL)

-It is a list of existing & new chemicals that DENR has determined
to potentially pose unreasonable risk to public health, workplace &
the environment.
Chemical Management
Criteria for PCL:
• Persistence refers to the property of a substance whose half-life
in water, sediment, soil, or air exceeds a duration of 50 days.

• Toxicity refers to the quality of a substance which meets any of

the following criteria:
Acute Lethality Chronic or sub-chronic toxicity
TeratogenicityCarcinogenicity

• Bioaccumulation potential is the measure of a substance’s

ability to bioaccumulate in the food chain.
CHEMICAL MANAGEMENT
• Chemical Control Order (CCO)

-Prohibits, limit, or regulate the use, manufacture, import,

export, transport, processing, storage, possession, and wholesale
of those priority chemicals that DENR determined to be regulated,
phased-out, or banned due to the serious risks they pose to public
health, workplace & environment.
-Control includes gradual phase-out plan, limitation of use,
substitution.
HAZARDOUS WASTES
• (as defined by RA 6969) ...substances discarded from homes,
commercial and industrial establishments, institutions and
healthcare facilities which, because of the concentration, or
physical, chemical, or infectious characteristics, may cause or
significantly contribute to increases in mortality or serious illnesses,
or pose an unreasonable risk and potential threat to human health,
and the environment.
Requirements for Proper Waste
Management
• HW Generators are responsible for the proper management of
hazardous wastes from the time they are generated until they are
rendered non-hazardous as certified by EMB-registered treater or
recycler.
“From cradle to grave.”

• Pre-transport requirements

Packaging & labeling requirements

Preparation of spill response plan

• Use of registered Transporters & TSD Facilities

• Confirmation of treatment or disposal completion

PHILIPPINE CLEAN WATER
ACT OF 2004
Republic Act No. 9275
DISCHARGE PERMIT

• Allowners or operators of facilities that discharge wastewater

(septic tank, grease trap, sewage treatment plant) are required to
get a permit to discharge or wastewater discharge permit from the
DENR.

“All establishments must secure a Discharge Permit regardless of

volume of wastewater.”
DISCHARGE PERMIT
• Legal authorization granted by the DENR to discharge wastewater
• Permit information includes:

-quality and quantity of effluent

-compliance schedule
-monitoring requirement
GENERAL EFFLUENT STANDARDS (GES)
• The legal restriction or limitation on quantities,
rates, and/or concentrations or any combination
thereof, of physical, chemical or biological
parameters of effluent which a person or point
source is allowed to discharge into a water body.

• Effluentmeans discharges from known source

which is passed into a body of water or land, or
any wastewater flowing out of a manufacturing
plant, industrial plant including domestic,
commercial or recreational facilities.
SEQUENCING BATCH REACTOR (SBR)
EFFLUENT SAMPLING
EFFLUENT SAMPLING
PHILIPPINE CLEAN AIR ACT
OF 1999
Republic Act No. 8749
AIR POLLUTION
• Any matter found in the atmosphere other than oxygen, nitrogen
water vapor, carbon dioxide, and the inert gases in their natural or
normal concentrations, that is detrimental to health or the
environment.
SOURCES OF AIR POLLUTION

1. Natural Sources
2. Man-made Sources
1. Mobile Sources
2. Stationary Sources
3. Area Source (Burning of Solid Wastes, Unpaved
Roads, Fugitive Dust from Development Projects)
Permit to Operate for Air
Pollution Sources
• Section 1, Rule XIX of the IRR of RA 8749, as amended by DAO 2004-
26: Permit Regulations
“All sources of air pollution must have a valid Permit
to Operate.”

Permit to Operate – legal authorization granted by the Environmental

Management Bureau to operate or maintain any installation for a
specified period of time.
Air Pollution Source Installations (APSI)
Examples:
• Boiler
• Blast Furnace
• Diesel Generator Set
• Fuel Storage Tank
Air Pollution Source Installations (APSI)

Examples:
• Filling Nozzles of Gas Refilling
Stations
• Plastic Injection Molding Machine*
• Tumbler Mixer*
• Machine Shop Equipment*
• Printing Machines*
Source Emission Test Requirements
Emission Testing Not Required:
• Boiler rated less than or equal to 50 HP;
• Diesel Generator set rated less than or equal to 300 kW; and
• Source that has the potential to emit equal to and less than 10
tons per year of any regulated air pollutant under the RA 8749.
Source Emission Test Requirements
Small Source (Emission testing required once every
two years):
• Boiler rated 51 HP to 100 HP;
• Diesel Generator set rated 301 kW to 599 kW (regardless of
frequency of operation); and
• Source that has the potential to emit 10-30 tons per year.
year.
Source Emission Test Requirements
Medium Source (Emission testing required
annually):
• Boiler rated 100 HP to 250 HP;
• Diesel Generator set rated 600 kW and above (regardless of
frequency of operation); and
• Source that has the potential to emit 30-100 tons per year.
Source Emission Test Requirements
Large Source (Emission testing required semi-
annually):
• Boiler rated 251 HP or greater; and
• Source that has the potential to emit 100 tons or more per year.
year.
National Emission Standard for
Source Specific Air Pollutants
National Emission Standard for
Source Specific Air Pollutants
National Emission Standard for
Source Specific Air Pollutants
QUESTIONS?