Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

House Bill No, 9451

Introduced by Representative GERALDINE B. ROMAN

EXPLANATORY NOTE

The Philippine Clean Air Act of 1999 is best remembered as, and continues to be,
one of the outstanding landmark statutes of the Eleventh Congress. It was a strong
‘statement in the global effort to address critical environmental problems foremost of which
is air pollution. The law aims to achieve and maintain clean and healthy air for Filipinos. It
was a strong piece of legislation that ushered in a real consciousness to protect Mother
Earth in this country.

Two decades after the enactment of RA 8749 or The Clean Air Act, the global
environment is still working on attaining sustainable development while recognizing the
primary responsibility of local government units to deal with environmental problems. In
the Philippines, local government units have to address a myriad of concerns from waste
management to local resource utilization. But the same basic principle remains: it is the
duty of the State to protect and advance the people to a balanced and healthful ecology in
accord with the rhythm and harmony of nature.

Indeed, it is sad to note that 20 years after the law was passed, the country's air
pollution problem remains and our standards are still way below the standards set by the
World Health Organization. Leading environmentalists have issued calls to immediately
address the worsening problem and even celebrities and the youth added their voices to
the collective call.

While the original law recognizes the primary responsibility of cleaning the habitat
and environment to be primarily area-based, meaning a local government has the
responsibility over the ecological condition of its area, a big number of local government
units still take this portentous matter very lightly. And while the law recognizes the principle


that “polluters must pay,” that is, those who cause the environment harm, must be held
accountable for their offense, implementation has been lackluster as evidenced by a big
number of smoke-belching vehicles on the road of the metropolis and other urban centers.
And instead of doing away with burning and incinerators, many people still burn their trash
that cause serious damage to the ozone layer. Jeepneys and buses emitting dark smoke
are still brazenly plying the roads with the authorities turning a blind eye.

Thus, this bill seeks to provide better and higher standards for implementation by
the government and the citizens. This representation believes that given the consensus
that a clean and healthy environment is for the good of all, now and in the future, increasing
air pollution must be concerning for all. This bill seeks to impose higher penalties on
violators of the law and harness collective efforts of different government agencies to
address the continuing, open and blatant disregard of environmental standards already
imposed.

Balancing development and environmental protection is still a basic thesis for this
proposal. The framework for sustainable development is still anchored on the performance
and pursuit by the State of certain policies including formulating a holistic national program
of air pollution management that shall be implemented by the government through proper
delegation and effective coordination of functions and activities.

And, as with the original law, this bill stresses the recognition of rights of the people
- to breathe fresh air, and to utilize and enjoy all natural resources according to the
principle of sustainable development.

In view of the foregoing, immediate approval of this bill is earnestly sought.

Rin, spine
JERALDINE B. ROMAN


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 2452

AN ACT
AMENDING FOR THE PURPOSE THE PROVISIONS OF REPUBLIC ACT NO. 8749,
OTHERWISE KNOWN AS THE "PHILIPPINE CLEAN AIR ACT OF 2009".

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Provisions of Section 5, Article 2, Chapter 1 of Republic Act No. 8749 otherwise
known as the "Philippine Clean Air Act of 1999" is hereby amended to read as follows:
“Article 2
Definition of Terms
Section 5. Definitions — As used in this Act, the following shall be defined as
follows:
XXX
i) “Greenhouse gases" ARE those GASEOUS CONSTITUENTS OF THE
ATMOSPHERE, BOTH NATURAL AND ANTHROPOGENIC, that ABSORB
AND EMIT RADIATION AT SPECIFIC WAVELENGTHS WITHIN THE
SPECTRUM OF THERMAL INFRARED RADIATION EMITTED BY THE
EARTH'S SURFACE, THE ATMOSPHERE ITSELF AND BY CLOUDS,
THEREBY CAUSING THE GREENHOUSE EFFECT, OF which include
WATER VAPOUR (H20), carbon dioxide (CO2), methane (CH4), oxides of
nitrogen (N20) AND SULFUR, CHLOROFLUOROCARBONS, CARBON
MONOXIDE (CO), TROPOSPHERIC OZONE (03) and the like;


XXX

t) “Poisonous and toxic fumes" mean any emissions and fumes which are beyond
NATIONALLY APPROPRIATE AND intemationally-accepted standards,
including but not limited to World Health Organization (WHO) guideline values.
200"

SECTION 2. Section 7, Article 1, Chapter 2 of R.A. 8749 is hereby amended to read as follows:
“Section 7. Integrated Air Quality Improvement Framework. - The Department
shall, within six (6) months after the effetivity of this Act, establish, with the
participation of LOCAL GOVERNMENT UNITS (LGUs), NON-GOVERNMENT
ORGANIZATIONS (NGOs), PEOPLE’S ORGANIZATIONS (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 be undertaken within a specified time period, including cost-
effective use of economic incentives, management strategies, collective action, and
environmental education and information, TAKING INTO ACCOUNT FURTHER
THE ALIGNMENT OF THESE EMISSION REDUCTION GOALS WITH THE
COUNTRY’S NATIONALLY DETERMINED CONTRIBUTIONS TO ATTAIN A
4.6°C GLOBAL TEMPERATURE IN LINE WITH THE 2016 PARIS AGREEMENT
ON CLIMATE CHANGE.

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. THE SAID FRAMEWORK SHALL BE
USED TO GUIDE OTHER STAKEHOLDERS, PARTICULARLY LGUS AND
PRIVATE ENTITIES, IN ENSURING AIR POLLUTION MANAGEMENT AND
CONTROL IN THEIR RESPECTIVE AIRSHEDS AS PROVIDED IN SECTIONS 8
AND 9 HEREOF.”

SECTION 3. Section 8, Article 1, Chapter 2 of R. A. 8749 is hereby amended to read as follows:
“Section 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 Section 7
of this Act. The AIR QUALITY CONTROL ACTION PLAN MUST BE REVISED
EVERY FIVE (5) YEARS FROM THE START OF ITS FORMULATION AND



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;

©) Include a program to provide for the following: (1) enforcement of the
measures described in the 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;
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;

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

f) Designate airsheds, ESPECIALLY IN AREAS NEAR COAL-FIRED

POWER PLANTS; and

All other measures necessary for the effective control and abatement of

air pollution.

d)

The adoption of the plan shall clarify the legal effects on the financial,
manpower and bedgetary resources of the affected government agencies, and on
the alignment of their programs with the plans, INCLUDING THE ALIGNMENT
WITH THE COUNTRY’S NATIONAL CLIMATE CHANGE ACTION PLAN.

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


Likewise, the LGUs, with the assistance from the Department, shall prepare
and develop an action plan consistent with the Integrated Air Quality Imrpovement
Framework to attain and maintain the ambient air quality standards within their
respective airsheds as provided in Section 9 hereof.

The local government units shall develop and submit to the Department a
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
concemed 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 the emission limitations contained in
their permits.”

SECTION 4. Section 9, Article 1, Chapter 2 of R. A. 8749 is hereby amended to read as follows:
“Section 9. Airsheds. — Pursuant to Section 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. THE DEPARTMENT AND THE
CORRESPONDING EMB REGIONAL OFFICES SHALL DESIGNATE AN
AIRSHED IN AREAS WITH EXISTING OR PROPOSED COAL FIRED POWER
PLANTS.

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

To effectively carry out the formulated action 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) Arepresentative from each concerned government agency;

d) REPRESENTATIVE FROM THE ACADEME;

@) Representatives from people's organizations;

f) Representatives from nongovernment organizations; and


g) 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;

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

each airshed; AND

E) CONSULTATION WITH THE LOCAL CITIZENS RESIDING NEAR THE
AIRSHED, AND OTHER CONCERNED ORGANIZATIONS OR SECTORS IN
RELATION TO THE ABOVE OTHER FUNCTIONS AND IMPLEMENTATION OF
THE AIRSHED ACTION PLANS.

Upon consultation with appropriate local government authorities, the
Department shall, EVERY FIVE (5) YEARS, revise the designation of airsheds
utilizing eco-profiling techniques and undertaking scientific studies.

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

SECTION 5. Section 10, Article 1, Chapter 2 of R. A. 8749 is hereby amended to read as follows:
“Section 10. Management of Nonattainment Areas. - The Department shall
designate areas where specific pollutants have already exceeded ambient
standards as nonattainment areas. THE DEPARTMENT SHALL PUBLISH AND
ANNOUNCE INFORMATION ON THESE DESIGNATED AREAS. The
Department shall prepare and implement a program that will prohibit new sources
of exceeded air pollutants without a corresponding reduction in existing sources.

xxx"

SECTION 6. Section 11, Article 1, Chapter 2 of R. A. 8749 is hereby amended to read as follows:
“Section 11. Air Quallty 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 the
appropriate advisory committees, government agencies and LGUs, shall issue,
AND EVERY FIVE (6) YEARS THEREAFTER, revise information on air pollution
control techniques. Such information shall include: x x x”

SECTION 7. Section 12, Article 1, Chapter 2 of R. A. 8749 is hereby amended to read as follows:
“Section 12. Ambient Air Quality Guideline Values and Standards. - The
Department, in coordination with other concemed 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 public health and
safety, and geneal 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® TONG TERM?
Pollutants TOINCM | ppm | Averaging | ygINCM | ppm — | Averaging
Time Time
‘Suspended
Particulate Matter® - TSP | 230 24hours | 90 -- tyearé
~ PM | 10° 75 | 24hours | 60 30 1 year
pm | 251 37.8 | 24 hours 15 1 year?
Sulfur dioxide 180 0.07 | 24hours | 80 0.03, -
Nitrogen dioxide 150 0.08 | 24hours | -- --
Photochemical oxidants 140 0.07 | 1 hour =
‘As ozone 60 0.03 | 8 hours - -
Carbon monoxide 36 mg/Nem| 30 | 1 hour - :
40mgNem| 9 | 8 hours -- - --
Lead" 15 + | 3months'| 1.0 - 1 year

* Maximum limits represented by ninety-eight percentile (98%) values not to exceed more than once a year.

° Arithmetic mean

© $02 and Suspended Particulate Matter are sampled once every six days when using the manual methods. A minimum
of twelve sampling days per quarter or forty-eight sampling days each year is required for these methods. Daily
‘sampling may be done in the future once continous analyzers are procured and become available.

¢ Limits for Total Suspended Particulate Matter with mass median diameter less than 25-50 ym.

© Limits for Suspended Particulate Matter based on World Health Organisation (WHO) guidelines

' Limits for Suspended Particulate Matter based on World Health Organisation (WHO) guidelines

* Annual Geometric Mean.

* Provisional limits for Suspended Particulate Matter with mass median diameter lees than 10 microns and below until
sufficient monitoring data are gathered to bese a proper guideline.

‘ 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 shaill not exceed the guideline value.

Xxx’

SECTION 8. Section 14, Article 1, Chapter 2 of R. A. 8749 is hereby amended to read as follows:
“Section 14. Alr 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, AND TO
LOCAL HEALTH CLINICS AND HOSPITALS TO BENEFIT LOCAL CITIZENS,
RESIDENTS, OR WORKERS, SPECIFICALLY TO ADDRESS CASUALTIES


INCLUDING, BUT NOT LIMITED TO, CARDIO-RESPIRATORY PROBLEMS,
BROUGHT ABOUT BY VIOLATORS OF THIS ACT.

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 form of contributions.
Contributions to the Fund shall be exempted from donor taxes and all other taxes,
charges or fees imposed by the Government.”

SECTION 9. Section 15, Article 1, Chapter 2 of R. A. 8749 is hereby amended to read as follows:
“Section 15. Pollution Research and Development Program. - The Department,
in coordination with the Department of Science and Technology (DOST), other
agencies, the private sector, the academe, NGOs and POs, 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, WHICH SHALL BE REVIEWED PUBLISHED, WITH THE
HELP OF THE DEPARTMENT, EVERY FIVE (8) YEARS. It shall also consider the
socio-cultural, political and economic implications of air quality management and
pollution control.

SECTION 10. Section 19, Article 3, Chapter 2 of R. A. 8749 is hereby amended to read as follows:
“Section 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, 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 sources of air
pollution based on intemationally-accepted standards, but not be limited to, nor be
less stringent than such standards and with 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.

THE DEPARTMENT SHALL ALSO REVIEW, REVISE, AND PUBLISH
EMISSION STANDARDS EVERY FIVE (5) YEARS FOR EMERGING TYPES OF
POLLUTANTS, INCLUDING BUT NOT LIMITED TO HAZARDOUS POLLUTANTS


(E.G. POLYCYCLIC AROMATIC HYDROCARBONS OR PAHS), GREENHOUSE
GASES (E.G. METHANE, TROPOSPHERIC OZONE,
CHLOROFLUOROCARBONS), AND SHORT-LIVED CLIMATE POLLUTANTS OR:
SLCPS (E.G. BLACK CARBON).

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:

Xxx

Provided, That the maximum limits in mg/NCM particulates in said sources
shall be:
1. Fuel Burning Equipment
a. Urban or Industrial Area 100 mg/NCM

b. Other Area 450 mg/NCM
2. Cement Plants (Kilns, etc.) 150 mg/NCM
3. Smelting Furnaces 400 mg/NCM
4. Other Stationary Sources * 150 mg/NCM

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

xxx"

SECTION 41. Section 24, Article 5, Chapter 2 of R. A. 8749 is hereby amended to read as follows:
“Section 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 AND EXECUTIVE
ORDER NO. 26 - PROVIDING FOR THE ESTABLISHMENT OF SMOKE-FREE
ENVIRONMENTS IN PUBLIC AND ENCLOSED PLACES. This provision UNDER
THE CLEAN AIR ACT AND EXECUTIVE ORDER NO. 28 shall be implemented
STRICTLY by the LGUs.

SECTION 12. Section 26, Article 1, Chapter 3 of R. A. 8749 is hereby amended to read as follows:
“Section 26. Fuels and Additives. —
XXX
Every two (2) years thereafter, the specifications of unleaded gasoline and of
automotive and industrial diesel fuels shall be reviewed and revised for further
improvement in formulation, AND PUBLISHED in accordance with the provisions of
this Act.
XXX


SECTION 13. Section 30, Article 2, Chapter 3 of R. A. 8749 is hereby amended to read as follows:
“Section 30. Ozone-Depleting Substances. - Consistent with the terms and
conditions of the Montreal Protocol AND ITS KIGAL! AMENDMENT ON Substances
that Deplete the Ozone Layer, THE PARIS AGREEMENT, and other international
agreements and protocols to which the PhilippineS is a signatory, the Department
shall phase out ozone-depleting substances.

EVERY FIVE (5) YEARS THEREAFTER, THE DEPARTMENT, ALONG
WITH DOST, shall publish a list of substances which are known to cause harmful
effects on the stratospheric ozone layer.

SECTION 14. Section 31, Article 2, Chapter 3 of R. A. 8749 is hereby amended to read as follows:
“Section 31. Greenhouse Gases. - The Philippine Atmospheric, Geophysical and
Astronomical Service Administration (PAGASA) shall regularly _ monitor
meteorological factors affecting environmental conditions including ozone depletion
and greenhouse gases and coordinate with the Department in order to effectively
guide air pollution monitoring and standard-setting activities.

‘The Department, together with THE CLIMATE CHANGE COMMISSION,
concemed agencies and local government units, shall fully implement THE National
CLIMATE CHANGE ACTION Plan consistent with the United Nations Framework
Convention on Climate Change and other international agreements, conventions and
protocols, on the reduction of greenhouse gas emissions in the country.

SECTION 46. Section 34, Chapter 4 of R. A. 8749 is hereby amended to read as follows:
“Section 34. Lead Agency. - The Department, unless otherwise provided herein,
shall be the primary government agency responsible for the implementation and
enforcement of this Act. THE DEPARTMENT SHALL CONSULT WITH THE
DEPARTMENT OF HEALTH AT LEAST ONCE A YEAR REGARDING PUBLIC
HEALTH IMPACTS, CASUALTIES, CONCERNS, AND MITIGATION
PROCEDURES WITH REGARDS TO PROBLEMS WITH AIR QUALITY CAUSED
BY ANY VIOLATIONS OF THIS ACT. To be more effective in this regard, the
Department's Environmental Management Bureau (EMB) shall be converted from a
staff bureau to a line bureau for a period of no more than two (2) years, unless a
separate, comprehensive environmental management agency is created.”


SECTION 46. Section 36, Chapter 4 of R. A. 8749 is hereby amended to read as follows:
“Section 36. Role of Local Government Units. - Local government units (LGUs)
shall share the responsibility in the management and maintenance of air quality within
their territorial jurisdiction. Consistent with Sections 7, 8 and 9 of this Act, LGUs shall
implement air quality standards set by the Board in areas within their jurisdiction;
Provided, however, That in caseS where the Board has not be duly constitued and
has not promulgated its standards, the standards set forth in this Act shall apply,

The Department shall provide the LGUs with technical assistance, trainings
and a continuing capability-bullding program to prepare them to undertake full
administration of the air quality management and regulation within their territorial
jurisdiction. THE DEPARTMENT, ALONG WITH OTHER CONCERNED
AGENCIES, SHALL ENDEAVOR TO PROVIDE ADDITIONAL FINANCIAL
SUPPORT TO LGUS TO DEVELOP AND IMPLEMENT CLEAN AIR ACTION
PLANS, CONSISTENT WITH THEIR LOCAL CLIMATE ACTION PLANS AND
CLEAN AIR QUALITY OBJECTIVES ANDIOR TARGETS.

SECTION 47. Section 37, Chapter 4 of R. A. 8749 is hereby amended to read as follows:
“Section 37. Environment and Natural Resources Office. - There SHALL be an
established Environment and Natural Resources Office in every province, city, or
municipality, which shall be headed by the environment and natural resources officer
and shall be appointed by the Chief Executive of every province, city, or municipality
in accordance with the provisions of Section 484 of Republic Act No. 7160. THE
DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT (DILG) SHALL
ENSURE THE ESTABLISHMENT OF THIS OFFICE, SECURING AN ANNUAL
BUDGET PER OFFICE AND ENSURING THE COMPLIANCE AMONG ITS
OFFICERS. Its powers and duties, among others, are:

a) To prepare comprehensive air quality management programs, plans and
strategies within the limits set forth in Republic Act No. 7160 and this Act
which shall be implemented within its territorial jurisdiction upon the approval
of the sanggunian;

To provide technical assistance and support to the governor or mayor, as the

case may be, in carrying out measures to ensure the delivery of basic services

and the provision of adequaate facilities relative to air quality;

c) To take the lead in all efforts concerning air quality protection and

rehabilitation;

d) To recommend to the Board air quality standards which shall not exceed the

maximum permissible standards set by national laws;

b)


e) To coordinate with other government agencies and non-government
‘organizations in the implementation of measures to prevent and control air
pollution; and

f) Exercise such other powers and perform such duties and functions as may
be prescribed by law or ordinance; Provided, however, that in
provinces/cities/municipalies where there are no environment and natural
resources officers, the local executive concemed may designate any of his
Official and/or chief of office preferably the provincial, city or municipal
agriculturist, or any of his employee; Provided, finally, That in case an
employee is designated as such, he must have a sufficient experience in
environmental and natural resources management, conservation and
utilization.“

SECTION 18. Section 38, Chapter 4 of R. A. 8749 is hereby amended to read as follows:
“Section 38. Record-keeping, Inspection, Monitoring and Entry by the
Department. - The Department or its duly accredited entity shall, after proper
consultation and notice, require any person who owns or operates any emission
‘source or who is subject to any requirement of this Act to: (a) establish and maintain
relevant records; (b) make relevant reports; (c) install, use and maintain monitoring
‘equipment or methods, (d) sample emission, in accordance with the methods,
locations, intervals, and manner prescribed by the Department; (e) keep records on
control equipment parameters, production variables or other indirect data when direct
monitoring of emissions is impractical; (f) provide such other information as the
Department may reasonably require, AND (g) COMPLY WITH AND IMPLEMENT
DENR ADMINISTRATIVE NO. 2007-22 FOR CONTINUOUS EMISSIONS
MONITORING SYSTEMS (CEMS) AND CONTINUOUS OPACITY MONITORING
‘SYSTEMS (COMS), MOST ESPECIALLY FOR EXISTING COAL FIRED POWER
PLANTS.

IN THE INTEREST OF PUBLIC HEALTH, OPERATORS OF COAL POWER
PLANTS ARE ENJOINED TO PUBLISH THE RESULTS OF THEIR AIR QUALITY
MONITORING RESULTS, INCLUDING QUARTERLY CEMS AND COMS
RESULTS IN COMPLIANCE WITH DAO 2007-22, AND THE DEPARTMENT AND
ITS REGIONAL AND LOCAL OFFICES SHALL ENSURE COMPLIANCE
THERETO BY SAID OPERATORS.

Pursuant to this Act, the Department, through its authorized representatives,
shall have the right of: a) entry or access to any premises including documents and
relevant materials as referred to in the herein preceding paragraph; b) inspect any



pollution or waste source, control device, monitoring equipment or method required;
and c) test any emission.

Any record, report or information obtained under this section shall be made
available to the public, except upon a satisfactorily showing to the Department by the
entity concerned that the record, report, or information, or parts thereof, if made
public, would divulge secret methods or processes entitled to protection as
intellectual property. Such record, report or information shall likewise be incorporated
in the Department's industrial rating system.”

SECTION 19. Section 45, Chapter 6 of R. A. 8749 is hereby amended to read as follows:
“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
regulations, the Department, through the Pollution Adjudication Board (PAB), shall
impose a fine of not more than ONE HUNDRED SEVENTY-FIVE THOUSAND
PESOS (PHP 176,000.00) for every day of violation against the owner or operator of
a stationary source until such time that the standards have been compiled with.
xxx"

SECTION 20. Section 46, Chapter 6 of R. A. 8749 is hereby amended to read as follows:
“Section 46. Violation of Standards for Motor Vehicles. — No motor vehicle shall
be registered with the DOTC unless it meets the emission standards set by the
Department as provided in Section 21 hereof.

‘Any vehicle suspected of violation of emission standards through visual signs,
such as, but not limited to smoke-belching shall be subjected to an emission test by
duly authorized testing center for this purpose, the DOTC or its authorized testing
center, shall establish a roadside inspection system. Should it be shown that there
was no violation of emission standards, the vehicle shall be immediately released.
Otherwise, a testing result indicating an exceedance of the emission standards would
warrant the continuing custody of the impounded vehicle unless the appropriate
penalties are fully paid, the license plate is surrendered to the DOTC pending the
fulfillment of the undertaking by the owner/operator of the motor vehicle to make the
necessary repairs so as to comply with the standards. A pass shall herein be issued
by the DOTC to authorize the use of the motor vehicle within a specified period that
shall not exceed seven (7) days for the sole purpose of making the necessary repairs
on the said vehicle. The owner/operator of the vehicle shall be required to correct its
defects and show proof of compliance to the appropriate pollution control office
before the vehicle can be allowed to be driven on any public or subdivision roads.



In addition, the driver and OWNERVoperator of the apprehended vehicle shall
undergo a seminar on pollution control and management conducted by the DOTC
and shall also suffer the following penalties:
a) First offense - a fine not to exceed THREE THOUSAND FOUR
HUNDRED PESOS (PHP 3,400.00),

b) Second offense - a fine not less than SIX THOUSAND EIGHT
HUNDRED PESOS (PHP 6,800.00), and

¢) Third offense - ONE (1) YEAR SUSPENSION OF THE MOTOR
VEHICLE REGISTRATION (MVR) AND A FINE OF TEN THOUSAND
PESOS (PHP 10,000.00)

Any violation of the provisions of Section 21 paragraph (d) with regard to
national inspection and maintenance program, including technicians and facility
compliance shall be penalized with a fine of not less than FIFTY THOUSAND (PHP
60,000.00) or cancellation of license of both the technician and the center, or both,
as determined by the DTI.

All law enforcement officials and deputized agents accredited to conduct
vehicle emissions testing and apprehensions shall undergo a mandatory training on
emission standards and regulations. For this purpose, the Department, together with
the DOTC, DTI, DOST, Philippine National Police (PNP) and other concerned
agencies and private entities shall design a training program, INCLUDING
ADMINISTRATIVE PENALTIES FOR ERRING LAW ENFORCEMENT OFFICIALS
AND DEPUTIZED AGENTS IN THE CONDUCT OF EMISSIONS TESTING AND
APPREHENSIONS.

SECTION 21: Repealing Clause. ~ Any law presidential decree or issuance, executive order, letter
of instruction, administrative order, rule or regulation contrary to or is inconsistent with the provision
of this Act is hereby repealed, modified, or amended accordingly.

SECTION 22. Effectivity Clause. - This Act shall effect fifteen (15) days after its publication in at
least two (2) newspapers of general circulation.

Approved,