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Philippine Clean Air Act of 1999

[Home]
[Chapter 1 : General Provisions]
[Chapter 2 : Air Quality Management System]
[Chapter 3 : Fuels, Additives, Substances and Pollutants]
[Chapter 4 : Institutional Mechanism]
[Chapter 5 : Actions]
[Chapter 6 : Fines and Penalties]
[Chapter 7 : Final Provisions]


CHAPTER 2: AIR QUALITY MANAGEMENT SYSTEM

Article One: General Provisions

SEC. 6. Air Quality Monitoring and Information Network - The Department shall prepare an annual National Air Quality Status Report which shall be used as the basis in formulating the Integrated Air Quality Improvement Framework, as provided for in Sec. 7. The said report shall include, but shall not be limited to the following:

a.) Extent of pollution in the country, per type of pollutant and per type of source, based on reports of the Department’s monitoring stations;

b.) Analysis and evaluation of the current state, trends and projections of air pollution at the various levels provided herein;

c.) Identification of critical areas, activities, or projects which will need closer monitoring or regulation;

d.) Recommendations for necessary executive and legislative action; and

e.) Other pertinent qualitative and quantitative information concerning the extent of air pollution and the air quality performance rating of industries in the country.

The Department, in cooperation with the National Statistical Coordination Board (NSCB), shall design and develop an information network for data storage, retrieval and exchange.

The Department shall serve as the central depository of all data and information related to air quality.

SEC. 7. Integrated Air Quality Improvement Framework.- The Department shall within six (6) months after the effectivity of this Act, establish, with the participation of LGUs, NGOs, POs, the academe and other concerned entities from the private sector, formulate and implement the Integrated Air Quality Improvement Framework for a comprehensive air pollution management and control program. The framework shall, among others, prescribe the emission reduction goals using permissible standards, control strategies and control measures to undertaken within a specified time period, including cost-effective use of economic incentives, managements strategies, collective actions, and environmental education and information.

The Integrated Air Quality Improvement Framework shall be adopted as the official blueprint with which all government agencies must comply with to attain and maintain ambient air quality standards.

SEC. 8 Air Quality Control Action Plan- Within six (6) months after the formulation of the framework, the Department shall, with public participation, formulate and implement an air quality control action plan consistent with Sec. 7 of this Act. The action plan shall :

a.) Include enforceable emission limitations and other control measures, means or techniques, as well as schedules and time tables for compliance, as may be necessary or appropriate to meet the applicable requirements of this Act;

b.) Provide for the establishment and operation of appropriate devices, methods, systems and procedures necessary to monitor, compile and analyze data on ambient air quality;

c.) Include a program to provide for the following : (1) enforcement of the measures described in subparagraph (a);(2) regulation of the modification and construction of any stationary source within the areas covered by the plan, in accordance with land use policy to ensure that ambient air quality standards are achieved;

d). Contain adequate provisions, consistent with the provisions of this Act, prohibiting any source or other types of emissions activity within the country from emitting any air pollutant in amounts which will significantly contribute to the non-attainment or will interfere with the maintenance by the Department of any such ambient air quality standard required to be included in the implementation plan to prevent significant deterioration of air quality or to protect visibility;

e.) Include control strategies and control measures to be undertaken within a specified time period, including cost effective use of economic incentives, management strategies, collection action and environmental education and information;

f.) Designate airsheds; and

g.)All other measures necessary for the effective control and abatement of air pollution.

The adoption of the plan shall clarify the legal effects on the financial, manpower and budgetary resources of the affected government agencies, and on the alignment of their programs with the plans.

In addition to direct regulations, the plan shall be characterized by a participatory approach to the pollution problem. The involvement of private entities in the monitoring and testing of emissions from mobile and/or stationary sources shall be considered.

Likewise, the LGU’s, with the assistance from the Department, shall prepare and develop an action plan consistent with the Integrated Air Quality Improvement Framework to attain and maintain the ambient air quality standards with their respective airsheds as provided in Sec. 9 hereof.

The local government units shall develop and submit to the Department as procedure for carrying out the action plan for their jurisdiction. The Department, however, shall maintain its authority to independently inspect the enforcement procedure adopted. The Department shall have the power to closely supervise all or parts of the air quality action plan until such time the local government unit concerned can assume the function to enforce the standards set by the Department.

A multi-sectoral monitoring team with broad public representation shall be convened by the Department for each LGU to conduct periodic inspections of air pollution sources to assess compliance with emission limitations contained in their permits.

SEC. 9 Airsheds. - Pursuant to Sec. 8 of this Act, the designation of airsheds shall be on the basis of, but not limited to, areas with similar climate, meteorology and topology which affect the interchange and diffusion of pollutants in the atmosphere, or areas which share common interest or face similar development programs, prospects or problems.

For a more effective air quality management, a system of planning and coordination shall be established and a common action plan shall be formulated for each airshed.

To effectively carry out the formulated actions plans, a Governing Board is hereby created, hereinafter referred to as the Board.

The Board shall be headed by the Secretary of the Department of Environment and Natural Resources as chairman. The members shall be as follows:

a.) Provincial Governors from areas belonging to the airshed;

b.) City/Municipal Mayors from areas belonging to the airshed;

c.) A representative from each concerned government agency;

d.) Representatives from people’s organizations;

e.) Representatives from non-government organizations; and

f.) Representatives from the private sector.

The Board shall perform the following functions:

a.) Formulation of policies;

b.) Preparation of a common action plan;

c.) Coordination of functions among its members; and

d.) Submission and publication of an annual Air Quality Status Report for each airshed.

Upon consultation with appropriate local government authorities, the Department shall, from time to time, revise the designation of airsheds utilizing eco-profiling techniques and undertaking scientific studies.

Emissions trading may be allowed among pollution sources within an airshed.

SEC. 10. Management of Nonattainment Areas.- The Department shall designate areas where specific pollutants have already exceeded ambient standards as nonattainment areas. The Department shall prepare and implement a program that will prohibit new sources of exceeded air pollutant without a corresponding reduction in existing resources.

In coordination with other appropriate government agencies, the LGUs shall prepare and implement a program and other measures including relocation, whenever necessary, to protect the health and welfare of residents in the area.

For those designated as nonattainment areas, the Department, after consultation with local government authorities, nongovernment organizations (NGOs), people’s organizations (POs) and concerned sectors may revise the designation of such areas and expand its coverage to cover larger areas depending on the condition of the areas.

SEC. 11 Air Quality Control Techniques - Simultaneous with the issuance of the guideline values and standards, the Department, through the research and development program contained in this Act and upon consultation with appropriate advisory committees, government agencies and LGUs, shall issue, and from time to time, revise information on air pollution control techniques. Such information shall include:

a.) Best available technology and alternative methods of prevention, management and control of air pollution;

b.) Best available technology economically achievable which shall refer to the technological basis/standards for emission limits applicable to existing, direct industrial emitters of nonconventional and toxic pollutants; and

c.) Alternative fuels, processes and operating methods which will result in the eliminator or significant reduction of emissions.

Such information may also include data relating to the cost of installation and operation, energy requirements, emission reduction benefits, and environmental impact or the emission control technology.

The issuance of air quality guideline values, standards and information on air quality control techniques shall be 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 certain pollution control devices by the public.

SECTION 12. Ambient Air Quality Guideline Values and Standards.- The Department, in coordination with other concerned agencies, shall review and or revise and publish annually a list of hazardous air pollutants with corresponding ambient guideline values and / or standard necessary to protect health and safety, and general welfare. The initial list and values of the hazardous air pollutants shall be as follows :

a.) For National Ambient Air Quality Guideline for Criteria Pollutants :

   

Short Term a

 

Long Term b

   
Pollutants g/Ncm ppm Averaging Time g/Ncm ppm Averaging Time
Suspended Particulate Matterc-TSP 230d   24 hours 90 -- 1 yeare
-PM-10 150f   24 hours 60 -- 1 yeare
Sulfur Dioxidec 180 0.07 24 hours 80 0.03 1 year
Nitrogen Dioxide 150 0.08 24 hours -- -- --
Photochemical Oxidants 140 0.07 1 hour -- -- ---
As Ozone 60 0.03 8 hours -- -- --
Carbon Monoxide 35 30 1 hour -- -- --  
  mg/Ncm          
  10 9 8 hours -- -- --
  mg/Ncm          
Leadg 1.5 -- 3 monthsg 1.0 -- 1 year

a.Maximum limits represented by ninety-eight percentile (98%) values not to be exceed more than once a year.
b. Arithmetic mean
c. SO2 and Suspended Particulate matter are sampled once every six days when using the manual methods. A minimum of twelve sampling days per quarter of forty-eight sampling days each year is required for these methods. Daily sampling may be done in the future once continuous analyzers are procured and become available.
d. Limits for Total Suspended Particulate Matter with mass median diameter less than 25-50 um.
e. Annual Geometric Mean
f. Provisional limits for Suspended Particulate Matter with mass median diameter less than 10 microns and below until sufficient monitoring data are gathered to base a proper guideline.
g. Evaluation of this guideline is carried out for 24-hour averaging time and averaged over three moving calendar months. The monitored average value for any three months shall not exceed the guideline value.

 

b) For National Ambient Air Quality Standards for Source Specific Air Pollutants from :

Industrial Sources/ Operations:

Pollutants1

Concentration2

 

Averaging time (min.)

Method of Analysis/ Measurement3

  /Ncm ppm    
         
1. Ammonia 200 0.28 30 Nesselerization/ Indo Phenol
2. Carbon Disulfide 30 0.01 30 Tischer Method
3. Chlorine and Chlorine Compounds expressed as Cl2 100 0.03 5 Methyl Orange
4. Formaldehyde 50 0.04 30 Chromotropic acid Method or MBTH Colorimetric Method
5. Hydrogen Chloride 200 0.13 30 Volhard Titration with Iodine Solution
6. Hydrogen Sulfide 100 0.07 30 Methylene Blue
7. Lead 20   30 AASc
8. Nitrogen Dioxide 375,260 0.20,0.14 30,60 Greiss- Saltzman
9. Phenol 100 0.03 30 4-Aminoantiphyrine
10. Sulfur Dioxide 470, 340 0.18, 0.13 30,60 Colorimetric-Pararosaniline
11. Suspended Particulate        
Matter-TSP 300 -- 60 Gravimetric

1 Pertinent ambient standards for Antimony, Arsenic, Cadmium, Asbestos, Nitric Acid and Sulfuric Acid Mists in the 1978 NPCC Rules and Regulations may be considered as guides in determining compliance.

2 Ninety- eight percentile (98%) values of 30-minute sampling measured at 250C and one atmosphere pressure.

3 Other equivalent methods approved by the Department may be used.

 

The basis in setting up the ambient air quality guideline values and standards shall reflect, among others, the latest scientific knowledge including information on :

a) Variable, including atmospheric conditions, which of themselves or in combination with other factors may alter the effects on public health or welfare of such air pollutant;

b) The other types of air pollutants which may interact with such pollutant to produce an adverse effect on public health or welfare; and

c) The kind and extent of all identifiable effects on public health or welfare which may be expected from presence of such pollutant in the ambient air, in varying quantities.

The Department shall base such ambient air quality standards on World Health Organization (WHO) standards, but shall not be limited to nor be less stringent than such standards.

 

SEC. 13. Emission Charge System. - The Department, in case of industrial dischargers, and the Department of Transportation and Communication (DOTC), in case of motor vehicle dischargers, shall, based on environmental techniques, design, impose on and collect regular emission fees from said dischargers as part of the emission permitting system or vehicle registration renewal system, as the case may be. The system shall encourage the industries and motor vehicles to abate, reduce, or prevent pollution. The basis of the fees include, but is not limited to, the volume and toxicity of any emitted pollutant. Industries, which shall install pollution control devices or retrofit their existing facilities with mechanisms that reduce pollution shall be entitled to tax incentives such as but not limited total credits and/or accelerated depreciation deductions.

SEC. 14 Air Quality Management Fund. - An Air Quality Management Fund to be administered by the Department as a special account in the National Treasury is hereby established to finance containment, removal, and clean-up operations of the Government in air pollution cases, guarantee restoration of ecosystems and rehabilitate areas affected by the acts of violators of this Act, to support research, enforcement and monitoring activities and capabilities of the relevant agencies, as well as to provide technical assistance to the relevant agencies. Such fund may likewise be allocated per airshed for the undertakings herein stated.

The Fund shall be sourced from the fines imposed and damages awarded to the Republic of the Philippines by the Pollution Adjudication Board (PAB), proceeds of licenses and permits issued by the Department under this Act, emission fees and from donations, endowments and grants in the forms of contributions. Contributions to the Fund shall be exempted from donor taxes and all other taxes, charges or fees imposed by the Government.

SEC. 15. Air Pollution Research and Development Program. - The Department, in coordination with the Department of Science and Technology (DOST), other agencies, the private sector, the academe, NGO’s and PO’s, shall establish a National Research and Development Program for the prevention and control of air pollution. The Department shall give special emphasis to research on and the development of improved methods having industry-wide application for the prevention and control of air pollution.

Such a research and development program shall develop air quality guideline values and standards in addition to internationally-accepted standards. It shall also consider the socio-cultural, political and economic implications of air quality management and pollution control.

 

ARTICLE TWO: Air Pollution Clearances and Permits for Stationary Sources

Sec. 16. Permits. Consistent with the provisions of this Act, the Department shall have the authority to issue permits as it may determine necessary for the prevention and abatement of air pollution.

Said permits shall cover emission limitations for the regulated air pollutants to help attain and maintain the ambient air quality standards. These permits shall serve as management tools for the LGUs in the development of their action plan.

SEC. 17 Emission Quotas. The Department may allow each regional industrial center that is designated as special airshed to allocate emission quotas to pollution sources within its jurisdiction that qualify under an environmental impact assessment system programmatic compliance program pursuant to the implementing rules and regulations of Presidential Decree No. 1586.

SEC. 18. Financial Liability for Environmental Rehabilitation. As Part of the environmental management plan attached to the environmental compliance certificate pursuant to Presidential Decree No. 1586 and rules and regulations set therefore, the Department shall require program and project proponents to put up financial guarantee mechanisms to finance the needs for emergency response, clean-up rehabilitation of areas that may be damaged during the program or project’s actual implementation. Liability for damages shall continue even after the termination of a program or project, where such damages are clearly attributable to that program or project and for a definite period to be determined by the Department and incorporated into the environmental compliance certificate.

Financial liability instruments may be in the form a trust fund, environmental insurance, surety bonds, letters of credit, as well as self-insurance. The choice of the guarantee instruments shall furnish the Department with evidence of availment of such instruments.

 

ARTICLE THREE: Pollution from Stationary Sources

SEC. 19. Pollution From Stationary Sources.- The Department shall, within two (2) years from the effectivity of this Act, and every two (2) years thereafter, review, or as the need therefore arises, revise and publish emission standards, to further improve the emission standards for 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 stringent than such standards and with the standards set 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.

With respect to any trade, industry, process and fuel-burning equipment or industrial plant emitting air pollutants, the concentration at the point of emission shall not exceed the following limits:

Pollutants

Standard Applicable to Source

Maximum Permissible Limits (mg/Ncm)

Method of Analysisa

1. Antimony and Its compounds any source 10 as Sb AASb
2. Arsenic and its compounds Any source 10 as As AASb
3. Cadmium and its compounds Any source 10 as Cd AASb
4. Carbon Monoxide Any industrial Source 500 as CO Orsat analysis
5. Copper and its Compounds Any industrial source 100 ax Cu AASb
6. Hydrofluoric Acids and Fluoride compounds Any source other than the manufacture of Aluminum from Alumina 50 as HF Titration with Ammonium Thiocyanate
7. Hydrogen Sulfide i) Geothermal Power Plants c.d Cadmium Sulfide Method
  ii) Geothermal Exploration and well-testing e  
  iii) Any source other than (i) and (ii) 7 as H2S Cadmium Sulfide Method
8. Lead Any trade, industry or process 10 as Pb AASb
9. Mercury Any Source 5 as elemental Hg AASb/Cold-Vapor Technique or Hg Analyzer
10. Nickel and its compounds, except Nickel Carbonyl f Any source 20 as Ni AASb
11. NOx i) Manufacture of Nitric Acid 2,000 as acid and NOx and calculated as NO2 Phenol-disulfonic acid Method
  ii) Fuel burning steam generators   Phenol-disulfonic acid Method
  Existing Source 1,500 as NO2  
  New Source    
  • Coal-Fired 1,000 as NO2  
  • Oil-Fired 500 as NO2  
  iii) Any source other than (i) adn (ii)   Phenol-disulfonic acid Method
  Existing Source 1000 as NO2  
  New Source 500 as NO2  
12. Phosphorus Pentoxideg Any source 200 as P2O5 Spectrophotometry
13. Zinc and its Compounds Any source 100 as Zn AASb

a Other equivalent methods approved by the Department may be used.
b Atomic Absorption Specttrophotometry
c All new geothermal power plants starting construction by 01 January 1995 shall control HsS emissions to not more than 150 g/GMW-Hr
d All existing geothermal power plants shall control HsS emissions to not more than 200 g/GMW-Hr within 5 years from the date of effectivity of these revised regulations.
e Best practicable control technology for air emissions and liquid discharges. Compliance with air and water quality standards is required.
f Emission limit of Nickel Carbonyl shall not exceed 0.5 mg/Ncm.
g Provisional Guideline

 

Provided, that the maximum limits in mg/ncm particulates in said sources shall be :

1. Fuel Burning Equipment  
a) Urban or Industrial Area 150 mg/Ncm
b) Other Area 200 mg/Ncm
2. Cement Plants (Kilns, etc.) 150 mg/Ncm
3. Smelting Furnaces 150 mg/Ncm
4. Other Stationary Sourcesa 200 mg/Ncm

a Other Stationary Sources means a trade, process, industrial plant, or fuel burning equipment other than thermal power plants, industrial boilers, cement plants, incinerators and smelting furnaces.

 

Provided, further, that the maximum limits for sulfur oxides in said sources shall be :

(1) Existing Sources  
(i) Manufacture of Sulfuric Acid and Sulf(on)ation Process 2.0gm.Ncm as SO3
(ii) Fuel burning Equipment 1.5gm.Ncm as SO2
(iii) Other Stationary Sourcesa 1.0gm.Ncm as SO3
(2) New Sources  
(i) Manufacture of Sulfuric Acid and Sulf(on)ation Process 1.5 gm.Ncm as SO3
(ii) Fuel Burning Equipment 0.7 gm.Ncm as SO2
(iii) Other Stationary Sourcesa 0.2 gm.Ncm as SO3

a Other Stationary Sources refer to existing and new stationary sources other than those caused by the manufacture of sulfuric acid and sulfonation process, fuel burning equipment and incineration.

 

For Stationary sources of pollution not specifically included in the immediately preceding paragraph, the following emission standards shall not be exceeded in the exhaust gas :

I. Daily And Half Hourly Average Values

 

Daily Average Values

Half Hourly Average Values

Total dust 10 mg/m3 30 mg/m3
Gaseous and vaporous organic substances, expressed as total organic carbon 10 mg/m3 20 mg/m3
Hydrogen chloride (HCl) 10 mg/m3 60 mg/m3
Hydrogen fluoride (HF) 1 mg/m3 4 mg/m3
Sulfur dioxide (SO2) 50 mg/m3 200 mg/m3
Nitrogen monoxide (NO) and Nitrogen dioxide (NO2), expressed as nitrogen dioxide for incineration plants with a capacity exceeding 3 tonnes per hour 200 mg/m3 400 mg/m3
Nitrogen monoxide (NO) and nitrogen dioxide (NO2), expressed as nitrogen dioxide for incineration plants with a capacity of 3 tonnes per hour or less 300 mg/m3  
Ammonia 10 mg/m3 20 mg/m3

 

II. All the Average Values over the Sample Period of a Minimum of 4 and Maximum of 8 Hours.

Cadmium and its compounds, expressed as cadmium (Cd) total 0.05
Thallium and its compounds, expressed as thallium (Tl) mg/m3
Mercury and its Compounds, expressed as mercury (Hg) 0.05 mg/m3
Antimony and its compounds, expressed as antimony (Sb)  
Arsenic and its compounds, expressed as arsenic (As) total 0.5 mg/m3
Lead and its compounds, expressed as lead ( Pb)  
Chromium and its compounds, expressed as chromium (Cr)  
Cobalt and its compounds, expressed as cobalt (Co)  
Copper and its compounds, expressed as copper (Cu)  
Manganese and its compounds, expressed as manganese (Mn)  
Nickel and its compounds, expressed as nickel (Ni)  
Vanadium and its compounds, expressed as vanadium (V)  
Tin and its compounds, expressed as tin (Sn)  

 

These average value cover also 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. Provided, further that all average of dioxin and furans measured over the sample period of a minimum of 5 hours and maximum of 8 hours must not exceed the limit value of 0.1 nanogram/m3.

Pursuant to Sec. 8 of this Act, the Department shall prepare a detailed action plan setting the emission standards or standards of performance for any stationary source the procedure for testing emissions for each type of pollutant, and the procedure for enforcement of said standards.

Existing industries, which are proven to exceed emission rates established by the Department in consultation with stakeholders, after a thorough, credible and transparent measurement process shall be allowed a grace period of eighteen (18) months for the establishment of an environmental management system and the installation of an appropriate air pollution control device : Provided, That an extension of not more than twelve (12) months may be allowed by the Department on meritorious grounds.

 

SEC. 20 Ban on Incineration.- Incineration , hereby defined as the burning of municipal, biomedical and hazardous waste, which process emits poisonous and toxic fumes is hereby prohibited; Provided, however, That the prohibition shall not apply to traditional small-scale method of community/neighborhood sanitation "siga", traditional, agricultural, cultural, health, and food preparation and crematoria; Provided, further, That existing incinerators dealing with a biomedical wastes shall be out within three (3) years after the effectivity of this Act; Provided, finally, that in the interim, such units shall be limited to the burning of pathological and infectious wastes, and subject to close monitoring by the Department.

Local government units are hereby mandated to promote, encourage and implement in their respective jurisdiction a comprehensive ecological waste management that includes waste segregation, recycling and composting.

 

ARTICLE FOUR: Pollution from Motor Vehicles

Sec. 21. Pollution from Motor Vehicles. a) The DOTC shall implement the emission standards for motor vehicles set pursuant to and as provided in this Act. To further improve the emission standards, the Department shall review, revise and publish the

standards every two (2) years, or as the need arises. It shall consider the maximum limits for all major pollutants to ensure substantial improvement in air quality for the health, safety and welfare of the general public.

The following emission standards for type approval of motor vehicles shall be effective by the year 2003:

a.) For light duty vehicles, the exhausts emission limits for gaseous pollutants shall be:

Emission Limits for Light Duty Vehicles

Type Approval

(Directive 91/441/EEC)

CO
(g/km)

HC + NOx
(g/km)

PMa
(g/km)

2.72

0.97 0.14

a for compression-ignition engines only

 

b) For light commercial vehicles, the exhaust emission limit of gaseous pollutants as a function of the given reference mass shall be :

 

Reference Weight (RW) (kg)

CO (g/km)

HC + NOx (g/km)

PMa (g/km)

Category 1 1250< RW 2.72 0.97 0.14
Category 2 1250< RW<1700 5.17 1.4 0.19
Category 3 RW>1700 6.9 1.7 0.25

a for compression-ignition engines only

 

c.) For heavy duty vehicles, the exhaust emission limits of gaseous pollutants shall be :

Emission Limits for Heavy Duty Vehicles

Type Approval

(Directive 91/542/EEC)

CO
(g/k/Wh)

HC
(g/k/Wh)

NOx
(g/k/Wh)

PM
(g/k/Wh)

4.5

1.1

8.0

0.36a

a In the case of engines of 85 kW or less, the limit value for particular emissions in increased by multiplying the quoted limit by a coefficient of 1.7

Fuel evaporative emission for spark-ignition engines shall not exceed 2.0 grams hydrocarbons per test. Likewise, it shall not allow any emission of gases from crankcase ventilation system into the atmosphere.

b.) The Department, in collaboration with the DOTC, DTI and LGUs, shall develop an action plan for the control and management of air pollution from motor vehicles consistent with the Integrated Air Quality Framework. The DOTC shall enforce compliance with the emission standards for motor vehicles set by the Department. The DOTC may deputize other law enforcement agencies and LGUs for this purpose. To this end, the DOTC shall have the power to :

(1) Inspect and monitor the emissions of motor vehicles ;

(2) Prohibit or enjoin the use of motor vehicles or a class of motor vehicles in any area or street at specified times; and

(3) Authorize private testing emission testing centers duly accredited by the DTI.

c.) The DOTC, together with the DTI and the Department, shall establish the procedures for the inspection of motor vehicles and the testing of their emissions for the purpose of determining the concentration and/or rate of pollutants discharged by said sources.

d.) In order to ensure the substantial reduction of emissions from a motor vehicles, the Department of Trade and Industry (DTI), together with the DOTC and the Department shall formulate and implement a national motor vehicle inspection and maintenance program that will promote efficient and safe operation of all motor vehicles. In this regard, the DTI shall develop and implement standards and procedures for the certification of training institutions, instructors and facilities and the licensing of qualified private service centers and their technicians as prerequisite for performing the testing, servicing, repair and the required adjustment to the vehicle emission system. The DTI shall likewise prescribe regulations requiring the disclosure of odometer readings and the use of tamper-resistant odometers for all motor vehicles including tamper-resistant fuel management systems for the effective implementation of the inspection and maintenance program.

 

SEC. 22 Regulation of All Motor Vehicles and Engines. Any imported new or locally-assembled new motor vehicle shall not be registered unless it complies with the emission standards set pursuant to this Act, as evidenced by a Certificate of Conformity (COC) issued by the Department.

Any imported new motor vehicle engine shall not be introduced into commerce, sold or used unless it complies with emission standards set pursuant to this Act.

Any imported used motor vehicle or rebuilt motor vehicle using new or used engines, major parts or components shall not be registered unless it complies with the emission standards.

In case of non-compliance, the importer or consignee may be allowed to modify or rebuild the vehicular engine so it will be in compliance with applicable emission standards.

No motor vehicle registration (MVR) shall be issued unless such motor vehicle passes the emission testing requirement promulgated in accordance with this Act. Such testing shall be conducted by the DOTC or its authorized inspection centers within sixty (60) days prior to date of registration.

The DTI shall promulgate the necessary regulations prescribing the useful life of vehicles and engines including devices in order to ensure that such vehicles will conform to the emissions which they were certified to meet. These regulations shall include provisions for ensuring the durability of emission devices.

SEC. 23. Second-Hand Motor Vehicle Engines. Any imported second-hand motor vehicle engine shall not be introduced into commerce, sold or used unless it complies with emission standards set pursuant to this Act.

 

ARTICLE FIVE: Pollution from Other Sources

SEC. 24 Pollution from smoking. Smoking inside a public building or an enclosed public place including public vehicles and other means of transport or in any enclosed area outside of one’s private residence, private place of work or any duly designated smoking area is hereby prohibited under this Act. This provision shall be implemented by the LGUs.

SEC. 25. Pollution from other Mobile Sources. The Department, in coordination with appropriate agencies, shall formulate and establish the necessary standards for all mobile sources other than those referred to in Sec. 21 of this Act. The imposition of the appropriate fines and penalties from these sources for any violation of emission standards shall be under the jurisdiction of the DOTC.