Republic Act No.

8749 June 23, 1999 The State also recognizes the principle that "polluters
must pay".
AN ACT PROVIDING FOR A COMPREHENSIVE AIR
POLLUTION CONTROL POLICY AND FOR OTHER Finally, the State recognizes that a clean and healthy
PURPOSES environment is for the good of all and should, therefore,
be the concern of all.
Be it enacted by the Senate and House of
Representatives of the Philippines in Congress Section 3. Declaration of Policies. - The State shall
assembled:: pursue a policy of balancing development and
environmental protection. To achieve this end, the frame
Chapter 1 work for sustainable development shall be pursued. It
General Provisions shall be the policy of the State to:

Article One (a) Formulate a holistic national program of air

Basic Air Quality Policies pollution management that shall be implemented
by the government through proper delegation and
Section 1. Short Title. - This Act shall be known as effective coordination of functions and activities;
the "Philippine Clean Air Act of 1999."
(b) Encourage cooperation and self-regulation
Section 2. Declaration of Principles. - The State shall among citizens and industries through the
protect and advance the right of the people to a balanced application of market-based instruments;
and healthful ecology in accord with the rhythm and
harmony of nature. (c) Focus primarily on pollution prevention rather
than on control and provide for a comprehensive
The State shall promote and protect the global management program for air pollution;
environment to attain sustainable development while
recognizing the primary responsibility of local (d) Promote public information and education and
government units to deal with environmental problems. to encourage the participation of an informed and
active public in air quality planning and monitoring;
The State recognizes that the responsibility of cleaning and
the habitat and environment is primarily area-based.
(e) Formulate and enforce a system of
accountability for short and long-term adverse
environmental impact of a project, program or (f) The right of access to public records which a
activity. This shall include the setting up of a citizen may need to exercise his or her rights
funding or guarantee mechanism for clean-up and effectively under this Act;
environmental rehabilitation and compensation for
personal damages. (g) The right to bring action in court or quasi-judicial
bodies to enjoin all activities in violation of
Section 4. Recognition of Rights. - Pursuant to the environmental laws and regulations, to compel the
above-declared principles, the following rights of citizens rehabilitation and cleanup of affected area, and to
are hereby sought to be recognized and the State shall seek the imposition of penal sanctions against
seek to guarantee their enjoyment: violators of environmental laws; and

(a) The right to breathe clean air; (h) The right to bring action in court for
compensation of personal damages resulting from
(b) The right to utilize and enjoy all natural the adverse environmental and public health
resources according to the principles of sustainable impact of a project or activity.
development;
Article Two
(c) The right to participate in the formulation, Definition of Terms
planning, implementation and monitoring of
environmental policies and programs and in the Section 5. Definitions. - As used in this Act:
decision-making process;
a) "Air pollutant" means any matter found in the
(d) The right to participate in the decision-making atmosphere other than oxygen, nitrogen, water
process concerning development policies, plans vapor, carbon dioxide, and the inert gases in their
and programs projects or activities that may have natural or normal concentrations, that is detrimental
adverse impact on the environment and public to health or the environment, which includes but
health; not limited to smoke, dust, soot, cinders, fly ash,
solid particles of any kind, gases, fumes, chemical
(e) The right to be informed of the nature and mists, steam and radio-active substances;
extent of the potential hazard of any activity,
undertaking or project and to be served timely b) "Air pollution" means any alteration of the
notice of any significant rise in the level of pollution physical, chemical and biological properties of the
and the accidental or deliberate release into the atmospheric air, or any discharge thereto of any
atmosphere of harmful or hazardous substances; liquid, gaseous or solid substances that will or is
likely to create or to render the air resources of the f) "Department" means the Department of
country harmful, detrimental, or injurious to public Environment and Natural Resources;
health, safety or welfare or which will adversely
affect their utilization for domestic, commercial, g) "Eco-profile" means the geographic-based
industrial, agricultural, recreational, or other instrument for planners and decision-makers which
legitimate purposes; present an evaluation of the environmental quality
and carrying capacity of an area. It is the result of
c) "Ambient air quality guideline values" mean the the integration of primary and secondary data and
concentration of air over specified periods information on natural resources and
classified as short-term and long-term which are anthropogenic activities on the land which are
intended to serve as goals or objectives for the evaluated by various environmental risk
protection of health and/or public welfare. These assessment and forecasting methodologies that
values shall be used for air quality management enable the Department to anticipate the type of
purposes such as determining time trends, development control necessary in the planning
evaluating stages of deterioration or enhancement area;
of the air quality, and in general, used as basis for
taking positive action in preventing, controlling, or h) "Emission" means any air contaminant,
abating air pollution; pollutant, gas stream or unwanted sound from a
known source which is passed into the
d) "Ambient air quality" means the general amount atmosphere;
of pollution present in a broad area; and refers to
the atmosphere's average purity as distinguished i) "Greenhouse gases" mean those gases that can
from discharge measurements taken at the source potentially or can reasonably be expected to induce
of pollution; global warming, which include carbon dioxide,
methane, oxides of nitrogen, chlorofluorocarbons,
e) "Certificate of Conformity" means a certificate and the like;
issued by the Department of Environment and
Natural Resources to a vehicle j) "Hazardous substances" mean those substances
manufacturer/assembler or importer certifying that which present either: (1) short-term acute hazards
a particular new vehicle or vehicle type meets the such as acute toxicity by ingestion, inhalation, or
requirements provided under this Act and its rules skin absorption, corrosivity or other skin or eye
and regulations; contact hazard or the risk of fire explosion; or (2)
longterm toxicity upon repeated exposure,
carcinogenicity (which in some cases result in
acute exposure but with a long latent period), q) "Octane Rating or the Anti-Knock Index(AKI)"
resistance to detoxification process such as means the rating of the anti-knock characteristics
biodegradation, the potential to pollute of a grade or type of automotive gasoline as
underground or surface waters; determined by dividing by two (2) the sum of the
Research Octane Number (RON), plus the Motor
k) "Infectious waste" means that portion of medical Octane Number (MON); the octane requirement,
waste that could transmit an infectious disease; with respect to automotive gasoline for use in a
motor vehicle or a class thereof, whether imported,
l) "Medical waste" means the materials generated manufactured, or assembled by a manufacturer,
as a result of patient diagnosis, treatment, or shall refer to the minimum octane rating of such
immunization of human beings or animals; automotive gasoline which such manufacturer
recommends for the efficient operation of such
m) "Mobile source" means any vehicle propelled by motor vehicle, or a substantial portion of such
or through combustion of carbon-based or other class, without knocking;
fuel, constructed and operated principally for the
conveyance of persons or the transportation of r) "Ozone Depleting Substances (ODS)" means
property goods; those substances that significantly deplete or
otherwise modify the ozone layer in a manner that
n) "Motor vehicle" means any vehicle propelled by is likely to result in adverse effects of human health
a gasoline or diesel engine or by any means other and the environment such as, but not limited to,
than human or animal power, constructed and chloroflourocarbons, halons and the like;
operated principally for the conveyance of persons
or the transportation of property or goods in a s) "Persistent Organic Pollutants (POPs)" means
public highway or street open to public use; the organic compounds that persist in the
environment, bioaccumulate through the food web,
o) "Municipal waste" means the waste materials and pose a risk of causing adverse effects to
generated from communities within a specific human health and the environment. These
locality; compounds resist photolytic, chemical and
biological degradation, which shall include but not
p) "New vehicle" means a vehicle constructed
be limited to dioxin, furan, Polychlorinated
entirely from new parts that has never been sold or
Biphenyls (PCBs), organochlorine pesticides, such
registered with the DOTC or with the appropriate
as aldrin, dieldrin, DDT, hexachlorobenzene,
agency or authority, and operated on the highways
lindane, toxaphere and chlordane;
of the Philippines, any foreign state or country;
t) "Poisonous and toxic fumes" means any Article One
emissions and fumes which are beyond General Provisions
internationally - accepted standards, including but
not limited to the World Health Organization (WHO) Section 6. Air Quality Monitoring and Information
guideline values; Network. - The Department shall prepare an annual
National Air Quality Status Report which shall be used as
u) "Pollution control device" means any device or the basis in formulating the Integrated Air Quality
apparatus used to prevent, control or abate the Improvement Framework, as provided for in Sec. 7. The
pollution of air caused by emissions from identified said report shall include, but shall not be limited to the
pollution sources at levels within the air pollution following:
control standards established by the Department;
a) Extent of pollution in the country, per type of
v) "Pollution control technology" means the pollutant and per type of source, based on reports
pollution control devices, production process, fuel of the Department’s monitoring stations;
combustion processes or other means that
effectively prevent or reduce emissions or effluent; b) Analysis and evaluation of the current state,
trends and projections of air pollution at the various
w) "Standard of performance" means a standard levels provided herein;
for emissions of air pollutant which reflects the
degree of emission limitation achievable through c) Identification of critical areas, activities, or
the application of the best system of emission projects which will need closer monitoring or
reduction, taking into account the cost of achieving regulation;
such reduction and any non-air quality health and
environmental impact and energy requirement d) Recommendations for necessary executive and
which the Department determines, and adequately legislative action; and
demonstrates; and
e) Other pertinent qualitative and quantitative
x) "Stationary source" means any building or information concerning the extent of air pollution
immobile structure, facility or installation which and the air quality performance rating of industries
emits or may emit any air pollutant. in the country.

Chapter 2 The Department, in cooperation with the National

Air Quality Management System Statistical Coordination Board (NSCB), shall design and
develop an information network for data storage, retrieval well as schedules and time tables for compliance,
and exchange. as may be necessary or appropriate to meet the
applicable requirements of this Act;
The Department shall serve as the central depository of
all data and information related to air quality. b) Provide for the establishment and operation of
appropriate devices, methods, systems and
Section 7. Integrated Air Quality Improvement procedures necessary to monitor, compile and
Framework. - The Department shall within six (6) analyze data on ambient air quality;
months after the effectivity of this Act, establish, with the
participation of LGUs, NGOs, POs, the academe and c) Include a program to provide for the following:
other concerned entities from the private sector, (1) enforcement of the measures described in
formulate and implement the Integrated Air Quality subparagraph [a]; (2) regulation of the modification
Improvement Framework for a comprehensive air and construction of any stationary source within the
pollution management and control program. The areas covered by the plan, in accordance with land
framework shall, among others, prescribe the emission use policy to ensure that ambient air quality
reduction goals using permissible standards, control standards are achieved;
strategies and control measures to undertaken within a
specified time period, including cost-effective use of d) Contain adequate provisions, consistent with the
economic incentives, management strategies, collective provisions of this Act, prohibiting any source or
actions, and environmental education and information. other types of emissions activity within the country
from emitting any air pollutant in amounts which will
The Integrated Air Quality Improvement Framework shall significantly contribute to the non-attainment or will
be adopted as the official blueprint with which all interfere with the maintenance by the Department
government agencies must comply with to attain and of any such ambient air quality standard required to
maintain ambient air quality standards. be included in the implementation plan to prevent
significant deterioration of air quality or to protect
Section 8. Air Quality Control Action Plan. - Within six visibility;
(6) months after the formulation of the framework, the
Department shall, with public participation, formulate and e) Include control strategies and control measures
implement an air quality control action plan consistent to be undertaken within a specified time period,
with Sec. 7 of this Act. The action plan shall: including cost effective use of economic incentives,
management strategies, collection action and
a) Include enforceable emission limitations and environmental education and information;
other control measures, means or techniques, as
f) Designate airsheds; and A multi-sectoral monitoring team with broad public
representation shall be convened by the Department for
g) All other measures necessary for the effective each LGU to conduct periodic inspections of air pollution
control and abatement of air pollution. sources to assess compliance with emission limitations
contained in their permits.
The adoption of the plan shall clarify the legal effects on
the financial, manpower and budgetary resources of the Section 9. Airsheds. - Pursuant to Sec. 8 of this Act, the
affected government agencies, and on the alignment of designation of airsheds shall be on the basis of, but not
their programs with the plans. limited to, areas with similar climate, meteorology and
topology which affect the interchange and diffusion of
In addition to direct regulations, the plan shall be pollutants in the atmosphere, or areas which share
characterized by a participatory approach to the pollution common interest or face similar development programs,
problem. The involvement of private entities in the prospects or problems.
monitoring and testing of emissions from mobile and/or
stationary sources shall be considered. For a more effective air quality management, a system of
planning and coordination shall be established and a
Likewise, the LGU’s, with the assistance from the common action plan shall be formulated for each
Department, shall prepare and develop an action plan airshed.
consistent with the Integrated Air Quality Improvement
Framework to attain and maintain the ambient air quality To effectively carry out the formulated action plans, a
standards within their respective airsheds as provided in Governing Board is hereby created, hereinafter referred
Sec. 9 hereof. to as the Board.

The local government units shall develop and submit to The Board shall be headed by the Secretary of the
the Department a procedure for carrying out the action Department of Environment and Natural Resources as
plan for their jurisdiction. The Department, however, shall chairman. The members shall be as follows:
maintain its authority to independently inspect the
enforcement procedure adopted. The Department shall a) Provincial Governors from areas belonging to
have the power to closely supervise all or parts of the air the airshed;
quality action plan until such time the local government
unit concerned can assume the function to enforce the b) City/Municipal Mayors from areas belonging to
standards set by the Department. the airshed;
c) A representative from each concerned implement a program that will prohibit new sources of
government agency; exceeded air pollutant without a corresponding reduction
in existing resources.
d) Representatives from people’s organizations;
In coordination with other appropriate government
e) Representatives from non-government agencies, the LGUs shall prepare and implement a
organizations; and program and other measures including relocation,
whenever necessary, to protect the health and welfare of
f) Representatives from the private sector. residents in the area.
The Board shall perform the following functions: For those designated as nonattainment areas, the
Department, after consultation with local government
a) Formulation of policies; authorities, nongovernment organizations (NGOs),
people’s organizations (POs) and concerned sectors may
b) Preparation of a common action plan;
revise the designation of such areas and expand its
c) Coordination of functions among its members; coverage to cover larger areas depending on the
and condition of the areas.

d) Submission and publication of an annual Air Section 11. Air Quality Control Techniques. -
Quality Status Report for each airshed. Simultaneous with the issuance of the guideline values
and standards, the Department, through the research
Upon consultation with appropriate local government and development program contained in this Act and upon
authorities, the Department shall, from time to time, consultation with appropriate advisory committees,
revise the designation of airsheds utilizing eco-profiling government agencies and LGUs, shall issue, and from
techniques and undertaking scientific studies. time to time, revise information on air pollution control
techniques. Such information shall include:
Emissions trading may be allowed among pollution
sources within an airshed. (a) Best available technology and alternative
methods of prevention, management and control of
Section 10. Management of Non-attainment Areas. - air pollution;
The Department shall designate areas where specific
pollutants have already exceeded ambient standards as (b) Best available technology economically
non-attainment areas. The Department shall prepare and achievable which shall refer to the technological
basis/standards for emission limits applicable to
existing, direct industrial emitters of
nonconventional and toxic pollutants; and Pollutants µg/Ncm ppm Averaging µg/N
Time
(c) Alternative fuels, processes and operating
methods which will result in the eliminator or
significant reduction of emissions. Suspended Particulate
Such information may also include data relating to the
cost of installation and operation, energy requirements,
emission reduction benefits, and environmental impact or Matterc -TSP 230d 24 hours 90
the emission control technology.

The issuance of air quality guideline values, standards -PM- 150f 24 hours 60
and information on air quality control techniques shall be 10
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 of Sulfur Dioxidec 180 0.07 24 hours 80
certain pollution control devices by the public.

Section 12. Ambient Air Quality Guideline Values and Nitrogen Dioxide 150 0.08 24 hours ----
Standards. - The Department, in coordination with other
concerned agencies, shall review and or revise and
publish annually a list of hazardous air pollutants with Photochemical 140 0.07 1 hour ----
corresponding ambient guideline values and/or standard Oxidants
necessary to protect health and safety, and general
welfare. The initial list and values of the hazardous air
pollutants shall be as follows: As Ozone 60 0.03 8 hours ----
(a) For National Ambient Air Quality Guideline for
Criteria Pollutants:
Carbon 35 30 1 hour ----
Monoxide mg/Ncm
Short Term a
below until sufficient monitoring data
10 9 8 hours are gathered to base a proper
mg/Ncm guideline.
g
Evaluation of this guideline is carried
Leadg 1.5 ---- 3 monthsg out for 24-hour averaging time and
averaged over three moving calendar
months. The monitored average value
a
Maximum limits represented by for any three months shall not exceed
ninety-eight percentile (98%) values not the guideline value.
to be exceed more than once a year.
(b) For National Ambient Air Quality Standards for
b
Arithmetic mean Source Specific Air Pollutants from Industrial
Sources/Operations:
c
SO2 and Suspended Particulate
matter are sampled once every six days
when using the manual methods. A Pollutants1 Concentration2 Averaging Me
minimum of twelve sampling days per time An
quarter of forty-eight sampling days (min.) Me
each year is required for these
methods. Daily sampling may be done
in the future once continuous analyzers µ/Ncm ppm
are procured and become available.
d
Limits for Total Suspended Particulate
Matter with mass median diameter less 1. Ammonia 200 0.28 30 Ne
than 25-50 um. Ind

e
Annual Geometric Mean
f 2. Carbon 30 0.01 30 Tis
Provisional limits for Suspended Disulfide
Particulate Matter with mass median
diameter less than 10 microns and
3. Chlorine 100 0.03 5 9. Phenol 100 0.03 30 4-
and Chlorine Am
Compounds
expressed as
Cl2 10. Sulfur 470, 0.18, 30,60 Co
Dioxide 340 0.13 Pa

4. 50 0.04 30
Formaldehyde 11. 300 ---- 60 Gr
Suspended
Particulate
Matter-TSP

5. Hydrogen 200100 0.13 30 1

Pertinent ambient standards for
Chloride Antimony, Arsenic, Cadmium, Asbestos,
Nitric Acid and Sulfuric Acid Mists in the
1978 NPCC Rules and Regulations
may be considered as guides in
6. Hydrogen 0.07 30 determining compliance.
Sulfide 2
Ninety-eight percentile (98%) values
of 30-minute sampling measured at
250C and one atmosphere pressure.
7. Lead 20 30
3
Other equivalent methods approved
by the Department may be used.
8. Nitrogen 375,260 0.20,0.14 30,60
The basis in setting up the ambient air quality guideline
Dioxide
values and standards shall reflect, among others, the
latest scientific knowledge including information on:
a) Variable, including atmospheric conditions, entitled to tax incentives such as but not limited total
which of themselves or in combination with other credits and/or accelerated depreciation deductions.
factors may alter the effects on public health or
welfare of such air pollutant; Section 14. Air Quality Management Fund. - An Air
Quality Management Fund to be administered by the
b) The other types of air pollutants which may Department as a special account in the National
interact with such pollutant to produce an adverse Treasury is hereby established to finance containment,
effect on public health or welfare; and removal, and clean-up operations of the Government in
air pollution cases, guarantee restoration of ecosystems
c) The kind and extent of all identifiable effects on and rehabilitate areas affected by the acts of violators of
public health or welfare which may be expected this Act, to support research, enforcement and
from presence of such pollutant in the ambient air, monitoring activities and capabilities of the relevant
in varying quantities. agencies, as well as to provide technical assistance to
the relevant agencies. Such fund may likewise be
The Department shall base such ambient air quality allocated per airshed for the undertakings herein stated.
standards on World Health Organization (WHO)
standards, but shall not be limited to nor be less stringent The Fund shall be sourced from the fines imposed and
than such standards. damages awarded to the Republic of the Philippines by
the Pollution Adjudication Board (PAB), proceeds of
Section 13. Emission Charge System. - The licenses and permits issued by the Department under
Department, in case of industrial dischargers, and the this Act, emission fees and from donations, endowments
Department of Transportation and Communication and grants in the forms of contributions. Contributions to
(DOTC), in case of motor vehicle dischargers, shall, the Fund shall be exempted from donor taxes and all
based on environmental techniques, design, impose on other taxes, charges or fees imposed by the
and collect regular emission fees from said dischargers Government.
as part of the emission permitting system or vehicle
registration renewal system, as the case may be. The Section 15. Air Pollution Research and Development
system shall encourage the industries and motor Program. - The Department, in coordination with the
vehicles to abate, reduce, or prevent pollution. The basis Department of Science and Technology (DOST), other
of the fees include, but is not limited to, the volume and agencies, the private sector, the academe, NGO’s and
toxicity of any emitted pollutant. Industries, which shall PO’s, shall establish a National Research and
install pollution control devices or retrofit their existing Development Program for the prevention and control of
facilities with mechanisms that reduce pollution shall be air pollution. The Department shall give special emphasis
to research on and the development of improved Section 18. Financial Liability for Environmental
methods having industry-wide application for the Rehabilitation. - As part of the environmental
prevention and control of air pollution. management plan attached to the environmental
compliance certificate pursuant to Presidential Decree
Such a research and development program shall develop No. 1586 and rules and regulations set therefor, the
air quality guideline values and standards in addition to Department shall require program and project
internationally-accepted standards. It shall also consider proponents to put up financial guarantee mechanisms to
the socio-cultural, political and economic implications of finance the needs for emergency response, clean-up
air quality management and pollution control. rehabilitation of areas that may be damaged during the
program or project’s actual implementation. Liability for
Article Two damages shall continue even after the termination of a
Air Pollution Clearances and Permits for Stationary program or project, where such damages are clearly
Sources attributable to that program or project and for a definite
period to be determined by the Department and
Section 16. Permits. - Consistent with the provisions of incorporated into the environmental compliance
this Act, the Department shall have the authority to issue certificate.
permits as it may determine necessary for the prevention
and abatement of air pollution. Financial liability instruments may be in the form a trust
fund, environmental insurance, surety bonds, letters of
Said permits shall cover emission limitations for the credit, as well as self-insurance. The choice of the
regulated air pollutants to help attain and maintain the guarantee instruments shall furnish the Department with
ambient air quality standards. These permits shall serve evidence of availment of such instruments.
as management tools for the LGUs in the development of
their action plan. Article Three
Pollution from Stationary Sources
Section 17. Emission Quotas. - The Department may
allow each regional industrial center that is designated as Section 19. Pollution From Stationary Sources. - The
special airshed to allocate emission quotas to pollution Department shall, within two (2) years from the effectivity
sources within its jurisdiction that qualify under an of this Act, and every two (2) years thereafter, review, or
environmental impact assessment system programmatic as the need therefore arises, revise and publish emission
compliance program pursuant to the implementing rules standards, to further improve the emission standards for
and regulations of Presidential Decree No. 1586. 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
accepted standards, but not be limited to, nor be less 4. Carbon Any industrial Source 500 as CO O
stringent than such standards and with the standards set Monoxide
forth in this section. The standards, whichever is
applicable, shall be the limit on the acceptable level of
pollutants emitted from a stationary source for the
protection of the public’s health and welfare. 5. Copper and Any industrial source 100 ax Cu A
its Compounds
With respect to any trade, industry, process and fuel-
burning equipment or industrial plant emitting air
pollutants, the concentration at the point of emission 6. Hydrofluoric Any source other than 50 as HF Ti
shall not exceed the following limits: Acids and the manufacture of A
Fluoride Aluminum from Th
compounds Alumina
Pollutants Standard Applicable Maximum
to Source Permissible
Limits 7. Hydrogen i) Geothermal Power c.d C
(mg/Ncm) Sulfide Plants e M
ii) Geothermal
Exploration and well- 7 as H2S C
1. Antimony and Any source 10 as Sb testing M
Its compounds iii) Any source other
than (i) and (ii)

2. Arsenic and Any source 10 as As

its compounds 8. Lead Any trade, industry or 10 as Pb A
process

3. Cadmium Any source 10 as Cd

and its
compounds
9. Mercury Any Source 5 as 500 as NO2
elemental
Hg
12. Phosphorus Any source 200 as S
Pentoxideg P2O5
10. Nickel and Any source 20 as Ni
its compounds,
except Nickel 13. Zinc and its Any source 100 as Zn A
Carbonylf Compounds

11. NOx i) Manufacture of 2,000 as a

Other equivalent methods approved by the
Nitric Acid acid and Department may be used.
NOx and
b
calculated Atomic Absorption Spectrophometry
as NO2
c
All new geothermal power plants starting
construction by 01 January 1995 shall control
HsS emissions to not more than 150g/GMW-
ii) Fuel burning steam 1,500 as Hr
generators NO2
Existing Source New d
All existing geothermal power plants shall
Source control HsS emissions to not more than
• Coal-Fired 1,000 as 200g/GMW-Hr. within 5 years from the date
• Oil-Fired NO2 of efectivity of these revised regulations.
iii) Any source other 500 as NO
than (i) adn (ii) e
Best practicable control technology for air
Existing Source emissions and liquid discharges. Compliance
New Source 1000 as with air and water quality standards is
NO2 required.
f
Emission limit of Nickel Carbonyl shall not
exceed 0.5 mg/Ncm. Sourcesa mg/Ncm
g
Provisional Guideline
a
Other Stationary Sources means a trade,
Provided, That the maximum limits in mg/ncm
process, industrial plant, or fuel burning
particulates in said sources shall be:
equipment other than thermal power plants,
industrial boilers, cement plants, incinerators
and smelting furnaces.
1. Fuel Burning
Equipment Provided, Further, That the maximum limits for sulfur
oxides in said sources shall be:

a) Urban or Industrial 150

Area mg/Ncm (1) Existing Sources

b) Other Area 200 (i) Manufacture of Sulfuric 2.0gm.Ncm as

mg/Ncm Acid and Sulf(on)ation SO3
Process

2. Cement Plants (Kilns, 150

etc.) mg/Ncm (ii) Fuel burning Equipment 1.5gm.Ncm as
SO2

3. Smelting Furnaces 150

mg/Ncm (iii) Other Stationary 1.0gm.Ncm as
Sourcesa SO3

4. Other Stationary 200

(2) New Sources
Average Ho
Values Av
Va
(i) Manufacture of Sulfuric 1.5 gm.Ncm as
Acid and Sulf(on)ation SO3
Process Total dust 10 mg/m3 30

Gaseous and vaporous organic

(ii) Fuel Burning Equipment 0.7 gm.Ncm as substances, 10 mg/m3 20
SO2 expressed as total organic carbon 10 mg/m3 60
Hydrogen chloride (HCl) 1 mg/m3 4m
Hydrogen fluoride (HF) 50 mg/m3 20
(iii) Other Stationary Sourcesa 0.2 gm.Ncm as Sulfur dioxide (SO2)
SO3

Nitrogen monoxide (NO) and

a
Other Stationary Sources refer to existing Nitrogen
and new stationary sources other than those dioxide (NO2), expressed as nitrogen
caused by the manufacture of sulfuric acid dioxide for incineration plants with a 200 40
and sulfonation process, fuel burning capacity exceeding 3 tonnes per hour mg/m3
equipment and incineration.

For stationary sources of pollution not specifically Nitrogen monoxide (NO) and
included in the immediately preceding paragraph, the nitrogen
following emission standards shall not be exceeded in dioxide (NO2), expressed as
the exhaust gas: nitrogen 300
dioxide for incineration plants with a mg/m3
I. Daily And Half Hourly Average Values capacity of 3 tonnes per hour or less

Daily Ammonia 10 mg/m3 20

chromium (Cr)

II. All the Average Values Over the Sample Period Cobalt and its compounds, expressed as cobalt
of a Minimum of 4 and Maximum of 8 Hours. (Co)

Cadmium and its compounds, expressed as

Copper and its compounds, expressed as copper
cadmium (Cd)
(Cu)

Thallium and its compounds, expressed as

Manganese and its compounds, expressed as
thallium (Tl)
manganese (Mn)

Mercury and its Compounds, expressed as

Nickel and its compounds, expressed as nickel
mercury (Hg)
(Ni)

Antimony and its compounds, expressed as

Vanadium and its compounds, expressed as
antimony (Sb)
vanadium (V)

Arsenic and its compounds, expressed as

Tin and its compounds, expressed as tin (Sn)
arsenic (As)

These average values cover also gaseous and the vapor

Lead and its compounds, expressed as lead forms of the relevant heavy metal emission as well as
( Pb) 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
Chromium and its compounds, expressed as average of dioxin and furans measured over the sample
period of a minimum of 5 hours and maximum of 8 hours infectious wastes, and subject to close monitoring by the
must not exceed the limit value of 0.1 nanogram/m 3. Department.

Pursuant to Sec. 8 of this Act, the Department shall Local government units are hereby mandated to
prepare a detailed action plan setting the emission promote, encourage and implement in their respective
standards or standards of performance for any stationary jurisdiction a comprehensive ecological waste
source the procedure for testing emissions for each type management that includes waste segregation, recycling
of pollutant, and the procedure for enforcement of said and composting.
standards.
With due concern on the effects of climate change, the
Existing industries, which are proven to exceed emission Department shall promote the use of state-of-the-art,
rates established by the Department in consultation with environmentally-sound and safe non-burn technologies
stakeholders, after a thorough, credible and transparent for the handling, treatment, thermal destruction,
measurement process shall be allowed a grace period of utilization, and disposal of sorted, unrecycled,
eighteen (18) months for the establishment of an uncomposted, biomedical and hazardous wastes.
environmental management system and the installation
of an appropriate air pollution control Article Four
device : Provided, That an extension of not more than Pollution from Motor Vehicles
twelve (12) months may be allowed by the Department
on meritorious grounds. Section 21. Pollution from Motor Vehicles. - a) The
DOTC shall implement the emission standards for motor
Section 20. Ban on Incineration. - Incineration, hereby vehicles set pursuant to and as provided in this Act. To
defined as the burning of municipal, biomedical and further improve the emission standards, the Department
hazardous waste, which process emits poisonous and shall review, revise and publish the standards every two
toxic fumes is hereby prohibited; Provided, however, (2) years, or as the need arises. It shall consider the
That the prohibition shall not apply to traditional small- maximum limits for all major pollutants to ensure
scale method of community/neighborhood sanitation substantial improvement in air quality for the health,
"siga", traditional, agricultural, cultural, health, and food safety and welfare of the general public.
preparation and crematoria; Provided, Further, That
existing incinerators dealing with a biomedical wastes The following emission standards for type approval of
shall be out within three (3) years after the effectivity of motor vehicles shall be effective by the year 2003:
this Act; Provided, Finally, that in the interim, such units
shall be limited to the burning of pathological and a) For light duty vehicles, the exhaust emission
limits for gaseous pollutants shall be:
Emission Limits for Light Duty Vehicles
Type Approval Category 3 RW>1700 6.9 1.7 0
(Directive 91/441/EEC)
a
for compression-ignition engines only
CO HC + NOx PMa
(g/km) (g/km) (g/km) c) For heavy duty vehicles, the exhaust emission
limits of gaseous pollutants shall be:

Emission Limits for Heavy Duty Vehicles

2.72 0.970.14
Type Approval
a
for compression-ignition engines only (Directive 91/542/EEC)

b) For light commercial vehicles, the exhaust

emission limit of gaseous pollutants as a function of CO HC NOx PM
the given reference mass shall be:
(g/k/Wh) (g/k/Wh) (g/k/Wh) (g/k/Wh
Emission Limits for Light Commercial
Vehicles
Type Approval 4.5 1.1 8.0 0.36a
(Directive 93/59/EEC)

a
Reference Weight CO HC + In the case of engines of 85 kW or
(RW) (kg) (g/km) NOx(g/km) less, the limit value for particular
emissions in increased by multiplying
the quoted limit by a coefficient of 1.7
Category 1 1250< RW 2.72 0.97
Fuel evaporative emission for spark-ignition
engines shall not exceed 2.0 grams hydrocarbons
per test. Likewise, it shall not allow any emission of
Category 2 1250< RW<1700 5.17 1.4
gases from crankcase ventilation system into the will promote efficient and safe operation of all motor
atmosphere. vehicles. In this regard, the DTI shall develop and
implement standards and procedures for the certification
b) The Department, in collaboration with the DOTC, DTI of training institutions, instructors and facilities and the
and LGUs, shall develop an action plan for the control licensing of qualified private service centers and their
and management of air pollution from motor vehicles technicians as prerequisite for performing the testing,
consistent with the Integrated Air Quality Framework. The servicing, repair and the required adjustment to the
DOTC shall enforce compliance with the emission vehicle emission system. The DTI shall likewise
standards for motor vehicles set by the Department. The prescribe regulations requiring the disclosure of
DOTC may deputize other law enforcement agencies odometer readings and the use of tamper-resistant
and LGUs for this purpose. To this end, the DOTC shall odometers for all motor vehicles including tamper-
have the power to: resistant fuel management systems for the effective
implementation of the inspection and maintenance
(1) Inspect and monitor the emissions of motor program.
vehicles;
Section 22. Regulation of All Motor Vehicles and
(2) Prohibit or enjoin the use of motor vehicles or a Engines. - Any imported new or locally-assembled new
class of motor vehicles in any area or street at motor vehicle shall not be registered unless it complies
specified times; and with the emission standards set pursuant to this Act, as
evidenced by a Certificate of Conformity (COC) issued
(3) Authorize private testing emission testing by the Department.
centers duly accredited by the DTI.
Any imported new motor vehicle engine shall not be
c) The DOTC, together with the DTI and the Department, introduced into commerce, sold or used unless it
shall establish the procedures for the inspection of motor complies with emission standards set pursuant to this
vehicles and the testing of their emissions for the Act.
purpose of determining the concentration and/or rate of
pollutants discharged by said sources. Any imported used motor vehicle or rebuilt motor vehicle
using new or used engines, major parts or components
d) In order to ensure the substantial reduction of shall not be registered unless it complies with the
emissions from motor vehicles, the Department of Trade emission standards.
and Industry (DTI), together with the DOTC and the
Department shall formulate and implement a national In case of non-compliance, the importer or consignee
motor vehicle inspection and maintenance program that may be allowed to modify or rebuild the vehicular engine
so it will be in compliance with applicable emission Section 25. Pollution from other mobile sources. -
standards. The Department, in coordination with appropriate
agencies, shall formulate and establish the necessary
No motor vehicle registration (MVR) shall be issued standards for all mobile sources other than those
unless such motor vehicle passes the emission testing referred to in Sec. 21 of this Act. The imposition of the
requirement promulgated in accordance with this Act. appropriate fines and penalties from these sources for
Such testing shall be conducted by the DOTC or its any violation of emission standards shall be under the
authorized inspection centers within sixty (60) days prior jurisdiction of the DOTC.
to date of registration.
Chapter 3
The DTI shall promulgate the necessary regulations Fuels, Additives, Substances and Pollutants
prescribing the useful life of vehicles and engines
including devices in order to ensure that such vehicles Article One
will conform to the emissions which they were certified to Fuels, Additives and Substances
meet. These regulations shall include provisions for
ensuring the durability of emission devices. Section 26. Fuels and Additives. - Pursuant to the Air
Quality Framework to be established under Section 7 of
Section 23. Second-Hand Motor Vehicle Engines. - this Act, the Department of Energy (DOE), co-chaired by
Any imported second-hand motor vehicle engine shall the Department of Environment and Natural Resources
not be introduced into commerce, sold or used unless it (DENR), in consultation with the Bureau of Product
complies with emission standards set pursuant to this Standards (BPS) of the DTI, the DOST, the
Act. representatives of the fuel and automotive industries,
academe and the consumers shall set the specifications
Article Five for all types of fuel and fuel-related products, to improve
Pollution from Other Sources fuel composition for increased efficiency and reduced
emissions: Provided, however, that the specifications for
Section 24. Pollution from smoking. - Smoking inside all types of fuel and fuel-related products set-forth
a public building or an enclosed public place including pursuant to this section shall be adopted by the BPS as
public vehicles and other means of transport or in any Philippine National Standards (PNS).
enclosed area outside of one's private residence, private
place of work or any duly designated smoking area is The DOE shall also specify the allowable content of
hereby prohibited under this Act. This provision shall be additives in all types of fuels and fuel-related products.
implemented by the LGUs. Such standards shall be based primarily on threshold
levels of health and research studies. On the basis of
such specifications, the DOE shall likewise limit the in excess of 0.20% by weight with a cetane number
content or begin that phase-out of additives in all types of of index of not less than forty-eight
fuels and fuel-related products as it may deem (48): Provided, That by year 2004, content of said
necessary. Other agencies involved in the performance sulfur shall be 0.05% by weight; and
of this function shall be required to coordinate with the
DOE and transfer all documents and information c) not later than eighteen (18) months after the
necessary for the implementation of this provision. effectivity of this Act, no Person shall manufacture,
import, sell, supply, offer for sale, dispense,
Consistent with the provisions of the preceding transport or introduce into commerce industrial
paragraphs under this section, it is declared that: diesel fuel which contains a concentration of sulfur
in excess of 0.30% (by weight).
a) not later than eighteen (18) months after the
effectivity of this Act, no person shall manufacture, Every two (2) years thereafter or as the need arises, the
import, sell, supply, offer for sale, dispense, specifications of unleaded gasoline and of automotive
transport or introduce into commerce unleaded and industrial diesel fuels shall be reviewed and revised
premium gasoline fuel which has an anti-knock for further improvement in formulation and in accordance
index (AKI) of not less that 87.5 and Reid vapor with the provisions of this Act.
pressure of not more than 9 psi. Within six (6)
months after the effectivity of this Act, unleaded The fuels characterized above shall be commercially
gasoline fuel shall contain aromatics not to exceed available. Likewise, the same shall be the reference fuels
forty-five percent (45%) by volume and benzene for emission and testing procedures to be established in
not to exceed four percent (4%) by accordance with the provisions of this Act.
volume; Provided, that by year 2003, unleaded
gasoline fuel should contain aromatics not to Any proposed additive shall not in any way increase
exceed thirty-five percent (35%) by volume and emissions of any of the regulated gases which shall
benzene not to exceed two percent (2%) by include, but not limited to carbon monoxide,
volume; hydrocarbons, and oxides of nitrogen and particulate
matter, in order to be approved and certified by the
b) not later than eighteen (18) months after the Department.
effectivity of this Act, no person shall manufacture,
import, sell, supply, offer for sale, dispense, Section 27. Regulation of Fuels and Fuel Additives. -
transport or introduce into commerce automotive The DOE, in coordination with the Department and the
diesel fuel which contains a concentration of sulfur BPS, shall regulate the use of any fuel or fuel additive.
No manufacturer, processor or trader of any fuel or
additive may import, sell, offer for sale, or introduce into and engines and components requiring the use of leaded
commerce such fuel for additive unless the same has gasoline.
been registered with the DOE. Prior to registration, the
manufacturer, processor or trader shall provide the DOE For existing vehicles, the DTI shall formulate standards
with the following relevant information: and procedures that will allow non-conforming engines to
comply with the use of unleaded fuel within five(5) years
a) Product identity and composition to determine after the effectivity of this Act.
the potential health effects of such fuel additives;
Article Two
b) Description of the analytical technique that can Other Pollutants
be used to detect and measure the additive in any
fuel; Section 30. Ozone-Depleting Substances. - Consistent
with the terms and conditions of the Montreal Protocol on
c) Recommended range of concentration; and Substances that Deplete the Ozone Layer and other
international agreements and protocols to which the
d) Purpose in the use of the fuel and additive. Philippines is a signatory, the Department shall phase out
ozone-depleting substances.
Section 28. Misfueling. - In order to prevent the
disabling of any emission control device by lead Within sixty (60) days after the enactment of this Act, the
contamination, no person shall introduce or cause or Department shall publish a list of substances which are
allow the introduction of leaded gasoline into any motor known to cause harmful effects on the stratospheric
vehicle equipped with a gasoline tank filler inlet and ozone layer.
labeled "unleaded gasoline only". This prohibition shall
also apply to any person who knows or should know that Section 31. Greenhouse Gases. - The Philippine
such vehicle is designed solely for the use of unleaded Atmospheric, Geophysical and Astronomical Service
gasoline.
Administration (PAGASA) shall regularly monitor
Section 29. Prohibition on Manufacture, Import and meteorological factors affecting environmental conditions
Sale of leaded Gasoline and of Engines and/or including ozone depletion and greenhouse gases and
Components Requiring Leaded Gasoline. - Effective coordinate with the Department in order to effectively
not later than eighteen (18) months after the enactment guide air pollution monitoring and standard-setting
of this Act, no person shall manufacture, import, sell, activities.
offer for sale, introduce into commerce, convey or
otherwise dispose of, in any manner, leaded gasoline
The Department, together with concerned agencies and Section 34. Lead Agency. - The Department, unless
local government units, shall prepare and fully implement otherwise provided herein, shall be the primary
a national plan consistent with the United Nations government agency responsible for the implementation
Framework Convention on Climate Change and other and enforcement of this Act. To be more effective in this
international agreements, conventions and protocols on regard, The Department's Environmental Management
the reduction of greenhouse gas emissions in the Bureau (EMB) shall be converted from a staff bureau to a
country. line bureau for a period of no more than two (2) years,
unless a separate, comprehensive environmental
Section 32. Persistent Organic Pollutants. - The management agency is created.
Department shall, within a period of two (2) years after
the enactment of this Act, establish an inventory list of all Section 35. Linkage Mechanism. - The Department
sources of Persistent Organic Pollutants (POPs) in the shall consult, participate, cooperate and enter into
country. The Department shall develop short-term and agreement with other government agencies, or with
long-term national government programs on the affected non-governmental (NGOs) or people's
reduction and elimination of POPs such as dioxins and organizations (POs),or private enterprises in the
furans. Such programs shall be formulated within a year furtherance of the objectives of this Act.
after the establishment of the inventory list.
Section 36. Role of Local Government Units. - Local
Section 33. Radioactive Emissions. - All projects which Government Units (LGUs) shall share the responsibility
will involve the use of atomic and/or nuclear energy, and in the management and maintenance of air quality within
will entail release and emission of radioactive substances their territorial jurisdiction. Consistent with Sections 7, 8
into the environment, incident to the establishment or and 9 of this Act, LGUs shall implement air quality
possession of nuclear energy facilities and radioactive standards set by the Board in areas within their
materials, handling, transport, production, storage, and jurisdiction; Provided, however, That in case where the
use of radioactive materials, shall be regulated in the board has not been duly constituted and has not
interest of public health and welfare by the Philippine promulgated its standards, the standards set forth in this
Act shall apply.
Nuclear Research Institute (PNRI), in coordination with
Department and other appropriate government agencies. The Department shall provide the LGUs with technical
assistance, trainings and a continuing capability-building
Chapter 4 program to prepare them to undertake full administration
Institutional Mechanism of the air quality management and regulation within their
territorial jurisdiction.
Section 37. Environmental and Natural Resources f) Exercise such other powers and perform such
Office. - There may be established an Environment and duties and functions as may be prescribed by law
Natural Resources Office in every province, city, or or ordinance: Provided, however, That in
municipality which shall be headed by the environment provinces/cities/municipalities where there are no
and natural resources officer and shall be appointed by environment and natural resources officers, the
the Chief Executive of every province, city or municipality local executive concerned may designate any of
in accordance with the provisions of Section 484 of his official and/or chief of office preferably the
Republic Act No. 7160. Its powers and duties, among provincial, city or municipal agriculturist, or any of
others, are: his employee: Provided, Finally, That in case an
employee is designated as such, he must have
a) To prepare comprehensive air quality sufficient experience in environmental and natural
management programs, plans and strategies within resources management, conservation and
the limits set forth in Republic act. No. 7160 and utilization.
this Act which shall be implemented within its
territorial jurisdiction upon the approval of the Section 38. Record-keeping, Inspection, Monitoring
sanggunian; and Entry by the Department. - The Department or its
duly accredited entity shall, after proper consultation and
b) To provide technical assistance and support to notice, require any person who owns or operates any
the governor or mayor, as the case may be, in emissions source or who is subject to any requirement of
carrying out measures to ensure the delivery of this Act to:
basic services and the provision of adequate
facilities relative to air quality; (a) establish and maintain relevant records;

c) To take the lead in all efforts concerning air (b) make relevant reports;
quality protection and rehabilitation;
(c) install, use and maintain monitoring equipment
d) To recommend to the Board air quality standards or methods;
which shall not exceed the maximum permissible
standards set by rational laws; (d) sample emission, in accordance with the
methods, locations, intervals and manner
e) To coordinate with other government agencies prescribed by the Department;
and non-governmental organizations in the
implementation of measures to prevent and control
air pollution; and
(e) keep records on control equipment parameters, (DECS), the Department of the Interior and Local
production variables or other indirect data when Government (DILG), the Department of Agriculture (DA)
direct monitoring of emissions is impractical; and and the Philippine Information Agency (PIA). Consistent
with Sec. 7 of this Act, such campaign shall encourage
(f) provide such other information as the the participation of other government agencies and the
Department may reasonably require. private sector including NGOs, POs, the academe,
environmental groups and other private entities in a
Pursuant to this Act, the Department, through its multi-sectoral information campaign.
authorized representatives, shall have the right of:
Chapter 5
(a) entry or access to any premises including Actions
documents and relevant materials as referred to in
the herein preceding paragraph; Section 40. Administrative Action. - Without prejudice
to the right of any affected person to file an administrative
(b) inspect any pollution or waste source, control action, the Department shall, on its own instance or upon
device, monitoring equipment or method required; verified complaint by any person, institute administrative
and proceedings against any person who violates:
(c) test any emission. (a) Standards or limitation provided under this Act;
or
Any record, report or information obtained under this
section shall be made available to the public, except (b) Any order, rule or regulation issued by the
upon a satisfactory showing to the Department by the Department with respect to such standard or
entity concerned that the record, report or information, or limitation.
parts thereof, if made public, would divulge secret
methods or processes entitled to protection as Section 41. Citizen Suits. - For purposes of enforcing
intellectual property. Such record, report or information the provisions of this Act or its implementing rules and
shall likewise be incorporated in the Department's regulations, any citizen may file an appropriate civil,
industrial rating system. criminal or administrative action in the proper courts
against:
Section 39. Public Education and Information
Campaign. - A continuing air quality information and (a) Any person who violates or fails to comply with
education campaign shall promoted by the Department, the provisions of this Act or its implementing rules
the Department of Education, Culture and Sports and regulations; or
(b) The Department or other implementing Section 43. Suits and Strategic Legal Actions
agencies with respect to orders, rules and Against Public Participation and the Enforcement of
regulations issued inconsistent with this Act; and/or This Act.- Where a suit is brought against a person who
filed an action as provided in Sec. 41 of this Act, or
(c) Any public officer who willfully or grossly against any person, institution or government agency
neglects the performance of an act specifically that implements this Act, it shall be the duty of the
enjoined as a duty by this Act or its implementing investigating prosecutor or the court, as the case may
rules and regulations; or abuses his authority in the be, to immediately make a determination not exceeding
performance of his duty; or, in any manner, thirty (30) days whether said legal action has been filed
improperly performs his duties under this Act or its to harass, vex, exert undue pressure or stifle such legal
implementing rules and regulations: Provided, recourses of the person complaining of or enforcing the
however, That no suit can be filed until thirty-day provisions of this Act. Upon determination thereof,
(30) notice has been taken thereon. evidence warranting the same, the court shall dismiss
the case and award attorney's fees and double damages.
The court shall exempt such action from the payment of
filing fees, except fees for actions not capable of This provision shall also apply and benefit public officers
pecuniary estimations, and shall likewise, upon prima who are sued for acts committed in their official capacity,
facie showing of the non-enforcement or violation their being no grave abuse of authority, and done in the
complained of, exempt the plaintiff from the filing of an course of enforcing this Act.
injunction bond for the issuance of a preliminary
injunction. Section 44. Lien Upon Personal and Immovable
Properties of Violators. - Fines and penalties imposed
Within thirty (30) days, the court shall make a pursuant to this Act shall be liens upon personal or
determination if the compliant herein is malicious and/or immovable properties of the violator. Such lien shall, in
baseless and shall accordingly dismiss the action and case of insolvency of the respondent violator, enjoy
award attorney's fees and damages. preference to laborer's wages under Articles 2241 and
2242 of Republic Act No. 386, otherwise known as the
Section 42. Independence of Action. - The filing of an New Civil Code of the Philippines.
administrative suit against such person/entity does not
preclude the right of any other person to file any criminal Chapter 6
or civil action. Such civil action shall proceed Fines and Penalties
independently.
Section 45. Violation of Standards for Stationary
Sources. - For actual exceedance of any pollution or air
quality standards under this Act or its rules and suspension of development or construction, or cessation
regulations, the Department, through the Pollution of operations during the pendency of the case upon
Adjudication Board (PAB), shall impose a fine of not prima facie evidence that their is imminent threat to life,
more than One hundred thousand pesos (P100,000.00) public health, safety or general welfare, or to plant or
for every day of violation against the owner or operator of animal life, or whenever there is an exceedance of the
a stationary source until such time that the standards emission standards set by the Department and/or the
have been complied with. Board and/or the appropriate LGU.

For purposes of the application of the fines, the PAB shall Section 46. Violation of Standards for Motor
prepare a fine rating system to adjust the maximum fine Vehicles. - No motor vehicle shall be registered with the
based on the violator's ability to pay, degree of DOTC unless it meets the emission standards set by the
willfulness, degree of negligence, history of non- Department as provided in Sec. 21 hereof.
compliance and degree of recalcitrance: Provided, That
in case of negligence, the first time offender's ability to Any vehicle suspected of violation of emission standards
pay may likewise be considered by the Pollution through visual signs, such as, but not limited to smoke-
Adjudication Board: Provided, Further, That in the belching, shall be subjected to an emission test by a duly
absence of any extenuating or aggravating authorized emission testing center. For this purpose, the
circumstances, the amount of fine for negligence shall be DOTC or its authorized testing center shall establish a
equivalent to one-half of the fine for willful violation. roadside inspection system. Should it be shown that
there was no violation of emission standards, the vehicle
The fines herein prescribed shall be increased by at least shall be immediately released. Otherwise, a testing result
ten percent (10%), every three (3) years to compensate indicating an exceedance of the emission standards
for inflation and to maintain the deterrent function of such would warrant the continuing custody of the impounded
fines. vehicle unless the appropriate penalties are fully paid,
and the license plate is surrendered to the DOTC
In addition to the fines, the PAB shall order closure, pending the fulfillment of the undertaking by the
suspension of development, construction, or operations owner/operator of the motor vehicle to make the
of the stationary sources until such time that proper necessary repairs so as to comply with the standards. A
environmental safeguards are put in pass shall herein be issued by the DOTC to authorize the
place: Provided, That an establishment liable for a third use of the motor vehicle within a specified period that
offense shall suffer permanent closure immediately. This shall not exceed seven (7) days for the sole purpose of
paragraph shall be without prejudice to the immediate making the necessary repairs on the said vehicle. The
issuance of an ex parte order for such closure, owner/operator of the vehicle shall be required to correct
its defects and show proof of compliance to the the Department, together with the DOTC, DTI, DOST,
appropriate pollution control office before the vehicle can Philippine National Police (PNP) and other concerned
be allowed to be driven on any public or subdivision agencies and private entities shall design a training
roads. program.

In addition, the driver and operator of the apprehended Section 47. Fines and Penalties for Violations of
vehicle shall undergo a seminar on pollution control Other Provisions in the Act. - For violations of all other
management conducted by the DOTC and shall also provisions provided in this Act and of the rules and
suffer the following penalties: regulations thereof, a fine of not less than Ten thousand
pesos (P10,000) but not more than One Hundred
a) First Offense - a fine not to exceed Two thousand Pesos (P100,000) or six (6) months to six (6)
Thousand Pesos (P2,000.00); years imprisonment or both shall be imposed. If the
offender is a juridical person, the president, manager,
b) Second Offense - a fine not less than Two directors, trustees, the pollution control officer or the
Thousand Pesos (P2,000.00) and not to exceed officials directly in charge of the operations shall suffer
Four Thousand Pesos (P4,000.00); and the penalty herein provided.
c) Third offense - one (1) year suspension of the Section 48. Gross Violations. - In case of gross
Motor Vehicle Registration (MVR) and a fine of not violation of this Act or its implementing rules and
less than Four Thousand Pesos (P4,000.00) and regulations, the PAB shall recommend to the proper
not more than Six thousand pesos (P6,000.00). government agencies to file the appropriate criminal
charges against the violators. The PAB shall assist the
Any violation of the provisions of Sec. 21 paragraph (d) public prosecutor in the litigation of the case. Gross
with regard to national inspection and maintenance violation shall mean:
program, including technicians and facility compliance
shall penalized with a fine of not less than Thirty (a) three (3) or more specific offenses within a
Thousand Pesos (P30,000.00) or cancellation of license period of one (1) year;
of both the technician and the center, or both, as
determined by the DTI. (b) three (3) or more specific offenses with three (3)
consecutive years;
All law enforcement officials and deputized agents
accredited to conduct vehicle emissions testing and (c) blatant disregard of the orders of the PAB, such
apprehensions shall undergo a mandatory training on s but not limited to the breaking of seal, padlocks
emission standards and regulations. For this purpose, and other similar devices, or operation despite the
existence of an order for closure, discontinuance or Thereafter, the amount necessary to effectively carry out
cessation of operation; and the provisions of this Act shall be included in the General
Appropriations Act.
(d) irreparable or grave damage to the environment
as a consequence of any violation of the provisions Section 51. Implementing Rules and Regulations. -
of this Act. The Department, in coordination with the Committees on
Environment and Ecology of the Senate and House of
Offenders shall be punished with imprisonment of not Representatives, respectively and other agencies, shall
less than six (6) years but not more than ten (10) years promulgate the implementing rules and regulations for
at the discretion of the court. If the offender is a juridical this Act, within one (1) year after the enactment of this
person, the president, manager, directors, trustees, the Act: Provided, That rules and regulations issued by other
pollution control officer or the officials directly in charge of government agencies and instrumentalities for the
the operations shall suffer the penalty herein provided. prevention and/or abatement of pollution not inconsistent
with this Act shall supplement the rules and regulations
Chapter 7 issued by the Department pursuant to the provisions of
Final Provisions this Act.
Section 49. Potential Loss or Shifts of Employment. - Section 52. Report to Congress. - The Department
The Secretary of Labor is hereby authorized to establish shall report to Congress, not later than March 30 of every
a compensation, retraining and relocation program to year following the approval of this Act, the progress of
assist workers laid off due to a company's compliance the pollution control efforts and make the necessary
with the provisions of this Act. recommendations in areas where there is need for
legislative action.
Section 50. Appropriations. - An amount of Seven
Hundred Fifty Million Pesos (P750,000,000.00) shall be Section 53. Joint Congressional Oversight
appropriated for the initial implementation of this Act, of Committee. - There is hereby created a joint
which, the amount of Three Hundred Million Pesos congressional oversight committee to monitor the
(P300,000,000.00) shall be appropriated to the implementation of this Act. The committee shall be
Department; Two Hundred Million Pesos composed of five (5) senators and five (5)
(P200,000,000.00) to the DTI; One Hundred Fifty Million representatives to be appointed by the Senate President
Pesos (P150,000,000.00) to the DOTC; and One and the Speaker of the House of Representatives,
Hundred Million Pesos (P100,000,000.00) to the DOE. 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.