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February 17, 2011 / RAD Green Solutions

* PHILIPPINE CLEAN AIR ACT

Philippine Clean Air Act

This page features parts of the

IMPLEMENTING RULES AND REGULATIONS

OF REPUBLIC ACT NO. 8749

The Philippine Clean Air Act of 1999.

IMPLEMENTING RULES AND REGULATIONS

OF REPUBLIC ACT NO. 8749

PHILIPPINE CLEAN AIR ACT OF 1999

(NON-BURN TECHNOLOGIES)

Pursuant to the provisions of Section 51 of Republic Act No. 8749, otherwise known as the “Philippine Clean Air Act of 1999,” and by virtue of Executive Order No. 192, Series of 1987, the Department of Environment and Natural Resources hereby adopts and promulgates the following rules and regulations:

PART I

GENERAL PROVISIONS

RULE I

PRELIMINARY PROVISIONS

Section 1. Title. – These Rules shall be known and cited as the “Implementing Rules and Regulations of the Philippine Clean Air Act of 1999.”

Section 2. Purpose. – The purpose of these Rules is to provide guidelines on the operationalization of the Philippine Clean Air Act of 1999.

Section 3. Scope . – These Rules shall lay down the powers and functions of the Department of Environment and Natural Resources, the Department of Transportation and Communication, the Department of Trade and Industry, the Department of Energy and all other concerned agencies, the rights and obligations of stakeholders and the rights and duties of the people with respect to the Air Quality Management and Control Program.

Section 4. Construction. – These Implementing Rules and Regulations shall be liberally construed to carry out the national policy of balancing development and environmental protection through the pursuance of the framework of sustainable development. Sustainable development shall refer to development that meets the needs of the present without compromising the ability of future generations to meet their own needs.

RULE II

DECLARATION OF STATE POLICY

Section 1. Declaration of Policy. – It is the policy of the State to protect and advance the right of people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.

It is also the policy of the State to attain and maintain a balance between development and environmental protection.

Finally, it is the policy of the State to maintain a quality of air that protects human health and welfare.

RULE III

AIR QUALITY PRINCIPLES

Section 1. Air Quality Principles. –

a. The State shall promote and protect the global environment to attain sustainable development while recognizing the primary responsibility of local government units to deal with environmental problems.

b. The State recognizes that the responsibility of cleaning the habitat and environment is primarily area-based and that air quality management and control is most effective at the level of airsheds.

c. The State recognizes the principle that “polluters must pay” and the important role of economic instruments in air quality management and control.

d. The State recognizes that a clean and healthy environment is for the good of all and should therefore be a concern of all.

RULE IV

AIR QUALITY POLICIES

Section 1. Air Quality Policies. – It is the policy of the State to:

a. Formulate a comprehensive national program of air pollution management that shall be implemented by the government through proper delegation and effective coordination of functions and activities;

b. Encourage cooperation and self-regulation among citizens and industries through the application of market-based instruments;

c. Focus primarily on pollution prevention rather than on control and provide for a comprehensive management program for air pollution;

d. Promote public information and education and to encourage the participation of an informed and active public in air quality planning and monitoring; and

e. Formulate and enforce a system of accountability for short and long-term adverse environmental impact of a project, program or activity. This shall include the setting up of a funding or guarantee mechanism for clean-up and environmental rehabilitation and compensation for personal damages.

RULE V

RIGHTS

Section 1. Recognition of Rights. – Pursuant to the above-declared principles, the following rights of citizens are hereby sought to be recognized and the State shall seek to guarantee their enjoyment:

a. The right to breathe clean air;

b. The right to utilize and enjoy all natural resources according to the principles of sustainable development;

c. The right to participate in the formulation, planning, implementation and monitoring of environmental policies and programs and in the decision-making process;

d. The right to participate in the decision-making process concerning development policies, plans and programs projects or activities that may have adverse impact on the environment and public health;

e. The right to be informed of the nature and extent of the potential hazard of any activity, undertaking or project and to be served timely notice of any significant rise in the level of pollution and the accidental or deliberate release into the atmosphere of harmful or hazardous substances;

f. The right of access to public records which a citizen may need to exercise his or her rights effectively under this Act;

g. The right to bring action in court or quasi-judicial bodies to enjoin all activities in violation of environmental laws and regulations, to compel the rehabilitation and cleanup of affected area, and to seek the imposition of penal sanctions against violators of environmental laws; and

h. The right to bring action in court for compensation of personal damages resulting from the adverse environmental and public health impact of a project or activity.

OOO

RULE XXVIII

NON-BURN TECHNOLOGIES

Section 1. Incineration Prohibited. – Pursuant to Section 20 of the Act, incineration, hereby defined as the burning of municipal, bio-medical and hazardous wastes, which process emits toxic and poisonous fumes is prohibited.

Section 2. Non-Burn Technologies. – With due concern on the effects of climate change, the Bureau shall promote the use of state-of-the-art, environmentally-sound and safe thermal and non-burn technologies for the handling, treatment, thermal destruction, utilization, and disposal of sorted, un-recycled, un-composted, biomedical and hazardous wastes.

Non-burn technologies are technologies used for the destruction, decomposition or conversion of wastes other than through the use of combustion and which comply with at least one of the following conditions:

(a) The environment within the destruction chamber is free of Oxygen; or

(b) Fire is not used within the destruction chamber; or

(c) The source of heat is not fire; or

(d) A heat-conducting material or medium, whether of a solid, liquid, gaseous, sol or gel form, is used to destroy the waste.

Non-burn technologies may be used provided that the following conditions are strictly complied with:

(a) Applicable emission standards are not exceeded;

(b) Installation and approved use of CEMS measuring PM, NO2, CO, Chlorine and temperature;

(c) Compliance with all other relevant requirements of these Implementing Rules and Regulations. In cases where the requirements of this Rule are more restrictive than those of the other requirements of the Implementing Rules and Regulations, the more restrictive requirements shall apply.

Section 3. Emission Standards for Thermal Treatment Facilities/Non-Burn Technologies. – Emissions from thermal treatment facilities and non burning technologies shall be deemed toxic and poisonous when they result from the processing of chlorinated compounds, or when they exceed the following emission standards set forth in Tables 4 and 5:

a These average values cover gaseous and the vapor forms of the relevant heavy metal emission as well as their compounds. Provided, that the emission of dioxins and furans into the air shall be reduced by the most progressive techniques. The average values shall be measured over a sample period of a minimum of four (4) hours and a maximum of eight (8) hours, except that all averages of dioxins and furans shall be measured over a sample period of a minimum of six (6) hours and maximum of eight (8) hours.

Section 4. Non-applicability of the Prohibition. – The prohibition shall not apply to traditional small-scale method of community/neighborhood sanitation “siga”, traditional, agricultural, cultural, health, and food preparation and crematoria.

Section 5. Phase-out of Incinerators Dealing with Biomedical Wastes. – Existing incinerators dealing with a biomedical wastes shall be phased out on or before 17 July 2003 provided that in the interim, such units shall be limited to the burning of pathological and infectious wastes, and subject to close monitoring by the Bureau. After the said grace period, facilities that process or treat biomedical wastes shall utilize state-of the art, environmentally-sound and safe non-burn technologies.

Section 6. Monitoring. – There shall be public participation in the monitoring of thermal treatment facilities.

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