IRR of RA 8749 | Philippine Clean Air Act of 1999

Air pollutant

Means any matter found in the atmosphere other than oxygen, nitrogen, water vapor, carbon dioxide, and the inert gases all in their natural or normal concentrations, that is detrimental to health or the environment, which includes but not limited to smoke, dust, soot, cinder, fly ash, solid particles of any kind, gases, fumes, chemical mists, contaminated steam and radioactive substances

Air pollution

Means any alteration of the physical, chemical and biological properties of the atmosphere, or any discharge thereto of any liquid, gaseous or solid substances that will or is likely to create or to render the air resources of the country harmful, detrimental, or injurious to public health, safety or welfare or which will adversely affect their utilization for domestic, commercial, industrial, agricultural, recreational, or other legitimate purposes

Air quality performance rating

Refers to a rating system to be developed by the Department through the Bureau. The air quality performance ratings will be grouped by industry, and will compare emissions data for industrial sources to the relevant National Ambient Air Quality Standards and the relevant National Emissions Standards for Source Specific Air Pollutants

Airshed

Refers to areas with common weather or meteorological conditions and sources of air pollution which affect the interchange and diffusion of pollution in the surrounding atmosphere

Ambient air quality

Refers to the atmosphere’s average purity in a broad area as distinguished from discharge measurements taken at the source of pollution or the present characteristic or nature of the surrounding atmosphere

Ambient air quality guideline values

Refers to the concentration of air over specified periods classified as short term and/or long-term which are intended to serve as goals or objectives for the protection of health and/or public welfare. These values shall be used for air quality management purposes such as determining time trends, evaluating stages of deterioration or enhancement of the air quality. In general, used as a basis for taking positive action in preventing, controlling, or abating health impacts from air pollution

Ambient air quality standard

Means the concentration of an air pollutant which, in order to protect public health and/or public welfare, shall not be exceeded in the breathing zone, at any time. Standards are enforceable and must be complied with by the owner or person in-charge of an industrial operation, process or trade

Authority to Construct

Refers to the legal authorization granted by the Bureau to install a new source or modify an existing source

Best Available Control Technology

Refers to approaches, techniques or equipment which when used, result in lower air emissions but in a cost-effective manner. BACT results in lower emission rates than those specified in the National Emission Standards for Source Specific Air Pollutants

Bio-medical waste

Refers to pathological wastes, pharmaceutical wastes, chemical wastes and sharps

Pathological wastes

Include all human tissue (whether infected or not) such as limbs, organs, fetuses and body fluid; animal carcasses and tissue, together with all related swabs and dressings

Pharmaceutical wastes

Include pharmaceutical products; drugs and chemicals that have been returned from wards; have been spilled or soiled; are expired or contaminated; or are to be discarded for any reason

Chemical wastes

Include discarded solid, liquid or gaseous chemicals from laboratories or other sources such as diagnostic work, environmental work, cleaning, housekeeping and disinfecting procedures

Sharps

Include needles, syringes, scalpels, blades and any other items that could cut or puncture

Cease and Desist Order

Refers to the ex parte Order directing the discontinuance of the operation resulting in the emission or discharge of pollutants exceeding the emission standards or whenever such emission or discharge constitutes imminent threat to human, animal or plant life, public health or public safety. Non-compliance with an undertaking or agreement submitted to the Department shall likewise be a ground for issuance of a CDO

Certificate of Compliance to Emission Standard

Refers to a certificate issued by DOTC to a rebuilt vehicle(s) or second hand vehicle(s) imported into the country based on an inspection by the DOTC MVIS in accordance with the emission standards of these Implementing Rules and Regulations, and as a requirement for initial registration of the subject vehicle(s).

“Certificate of Conformity

Refers to the certificate issued by the Department to a vehicle manufacturer/assembler or importer certifying that a particular new vehicle or vehicle type meets the requirements provided under this Act and its Implementing Rules and Regulations

Certificate of Emission Compliance

Refers to a certificate issued by the DOTC or its authorized emission testing center(s) for a vehicle apprehended during roadside inspection, certifying that the particular vehicle meets the emission requirements of these Implementing Rules and Regulations, and which shall have no validity period

Completely Built-up Unit (CBU)

Refers to vehicles imported into the country either brand new or used and ready for operation

Compliance Plan

Refers to a plan submitted to the Bureau for approval which details how an existing stationary air emissions source will be brought into compliance. The owner of the facility must submit the plan within two months of notification of non-compliance by the Bureau. The plan must include a schedule that will be enforceable

Compression Ignition Engine

Means an internal combustion engine in which atomized fuel temperature is raised through compression, resulting in ignition, e.g. diesel engines

Completely Knocked-Down

Refers to new parts and components and/or engines that are imported in disassembled condition for purposes of assembly. It may include not only parts and components but also subassemblies and assemblies, e.g. engines, transmissions, axle assemblies, chassis and body assemblies

Conformity of Production

Refers to the verification of the production units’ conformity with the requirements of the Clean Air Act and these Implementing Rules and Regulations

Continuous Emission Monitoring System

Means the total equipment, required under these Implementing Rules and Regulations or as directed by the Bureau, used to sample and condition (if applicable), analyze, and provide a permanent record of emissions or process parameters. Such record shall be the basis of the firm’s compliance with the emission standards. Further, it may be an approved monitoring system for continuously measuring the emission of a pollutant from an affected source or facility and as such, may be used in computing annual emission fees

Criteria Pollutants

Are air pollutants for which National Ambient Air Quality Guideline Values have been established

Detoxification process

Refers to the process of diminishing or removing the poisonous quality of any substance using chelating agents to prevent or reverse toxicity particularly for those substances (e.g., heavy metals) that are cumulative or persistent in the body

Eco-profile

Shall refer to the geographic-based instrument for planners and decision-makers which presents an evaluation of the environmental quality and carrying capacity of an area. It is the result of the integration of various primary and secondary data and information on natural resources and anthropogenic activities on the land which are evaluated by various environmental risk assessment and forecasting methodologies. This will enable the Department to anticipate the type of development control that is necessary in the planning area

Emission

Means any measurable air contaminant, pollutant, gas stream or unwanted sound from a known source which is passed into the atmosphere

Emission averaging

A technique whereby a facility having more than one source of a given pollutant may, under certain circumstances and with Bureau approval, reduce emissions from one or more sources sufficiently so that the average of all the facility's source emissions is equal to or below the applicable standard for a particular pollutant. Emission averaging is computed on an annual potential ton per year basis

Emission Charge

Refers to a fee corresponding to the quality, quantity, volume and toxicity of emissions from an industrial or mobile source

Emission Credits

Are generated by sources that reduce their annual mass emissions below the equivalent minimum regulatory level by either installing and operating pollution control devices or by using other Bureau approved methods. The equivalent minimum regulatory level is based upon the lowest annual emissions in tons that results when the source operates at its permitted emission rate for its typical annual operating hours. Sources that are subject to different allowable emission rates, such as National Emission Standards and Ambient Air Quality Standards, must estimate the minimum regulatory level on the standard that provides the lowest annual allowable tonnage. An emission credit is equal to one ton of an air pollutant

Emission factor

Refers to a representative value that attempts to relate the quantity of a pollutant released to the atmosphere with an activity associated with the release of that pollutant.

Emission offset

Refers to an emission reduction credit that compensates for an emission increase of an affected pollutant from a new or modified source

Emissions Trading

Refers to a market-based approach to air pollution control which allows for transferring emission credits between different facilities for use as a form of regulatory compliance

Environmental Management Systems

That part of the overall, management system that includes organizational structure, planning activities, responsibilities, practices, procedures, processes and resources for developing, implementing, achieving, reviewing and maintaining the environmental policy

Environmental Management Plan/Program

This is the plan or program for achieving the environmental objectives and targets of a project or undertaking. It includes the designation of responsibility for achieving objectives and targets and the means and time-frame by which they are to be achieved. It details the prevention, mitigation, compensation, contingency and monitoring measures to enhance positive impacts and minimize negative impacts of a project or undertaking

Environmental Management Systems Audit

A systematic and documented verification process of objectively obtaining and evaluating evidence to determine whether an organization’s EMS conforms to the EMS audit criteria set by the organization and for communication of the results of this process to management

Episode

Means a series of short-term air pollution events that significantly alter the ambient air quality of an affected area

Equivalent Method

Refers to any technique or procedure for sampling and/or analyzing an air pollutant which has been approved by the Bureau and demonstrated to have a consistent and quantitatively known relationship with the designated standard method

Existing Source

Means any source already erected, installed, and in operation; or any source for which construction has been offered for bidding or actual construction has commenced prior to the date of effectivity of these Implementing Rules and Regulations. Any existing source which in the opinion of the Department has undergone a modification after the date of adoption of an applicable rule and regulation, shall be reclassified and considered a new source

Greenhouse gases

Refers to those gases such as carbon dioxide, methane, and oxides of nitrogen, chlorofluorocarbons, and the others that can potentially or can reasonably be expected to induce global warming

Gross Vehicle Mass or Weight

Means the sum of the vehicle mass or weight and the allowable maximum payload as declared by the vehicle manufacturer

Hazardous substances

Refers to those substances which present either: (1) short-term acute hazards such as acute toxicity by ingestion, inhalation, or skin absorption, corrosivity or other skin or eye contact hazard or the risk of fire explosion; or (2) long-term toxicity upon repeated exposure, including carcinogenicity (which in some cases may result in acute exposure but with a long latent period), resistance to the detoxification process, or the potential to pollute underground or surface waters, whether shipped into the country or generated locally

Hazardous wastes

Are hazardous substances that are without any safe commercial, industrial, agricultural or economic usage and are shipped, transported or brought from the country of origin for dumping or disposal into or in transit through any part of the territory of the Philippines. Hazardous wastes shall also refer to hazardous substances that are byproducts, side-products, process residues, spent reaction media, contaminated plant or equipment or other substances from manufacturing operations, and as consumer discards of manufactured products

Imported Used/Second-Hand Vehicle

Means any used or second-hand motor vehicle imported and registered in the country of origin

Incineration

Means the burning of municipal, bio-medical and hazardous wastes which process emits toxic and poisonous fumes

Infectious waste

Refers to soiled surgical dressings, swabs and other contaminated waste from treatment areas; materials which have been in contact with persons or animals suffering from infectious diseases; cultures and stocks of infectious agents from laboratory work; dialysis equipment; apparatus and disposable gowns, aprons, gloves, towels, etc; waste from dialysis treatment area; waste from patients in isolation wards; all materials which may contain pathogens in sufficient concentration or quality that exposure to could result in disease

Installation

Means any structure, equipment, facility or appurtenances thereto, operation of which may be a source of pollution or a means to control the same

In-Use Vehicle

Means a motor vehicle duly registered with the LTO

Light Duty Vehicles

Are motor vehicles whose gross vehicle weight is equal to or less than 3,500 kgs, in accordance with the definition contained in Philippine National Standards (PNS) 1891. This also refers to “Light Commercial Vehicles”

Lowest Achievable Emission Rate

Refers to any technology or combination of technologies and process controls that result in the lowest possible emissions of a given air pollutant. Cost is not a consideration in determining applicable LAER for a given source; however, technical feasibility is. The technology must be reasonably demonstrated to be appropriate and reliable for each application

Mandatory Inspection

Refers to the interval between testing and the tests performed, as partial pre-condition for the renewal of registration of in-use motor vehicles

Manufacturer or Assembler

Means any entity or person who manufactures or assembles motor vehicles, for eventual use in the Philippines

Medical waste

Means any solid waste that is generated in the diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals

Medium/Heavy Duty Vehicles

Refers to motor vehicles whose gross vehicle weight is greater than 3,500 kgs, in accordance with the definition contained in PNS 1891

Mobile source

Means any vehicle/machine propelled by or through oxidation or reduction reactions, including combustion of carbon-based or other fuel, constructed and operated principally for the conveyance of persons or the transportation of property or goods, that emit air pollutants as a reaction product

Modification

Means any physical change or alteration in the method of operation of an existing source which increases the amount of any air pollutant (to which a standard applies) emitted into the atmosphere by that source, or which results in the emission of any air pollutant (to which a standard applies) into the atmosphere not previously permitted

Motorcycle

Refers to any two-wheeled motor vehicle with at least one headlight, taillight and stoplight, and one or more saddle seats. For purposes of these rules, motorcycles shall include motorcycles with attached cars also known as “tricycles”

Motor Vehicle

Means any vehicle propelled by a gasoline or diesel engine or by any means other than human or animal power constructed and operated principally for the conveyance of persons or the transportation of goods

Motor Vehicle Registration

Refers to the official recording of a motor vehicle by the Land Transportation Office (LTO) subject to the conformance of the vehicle to the safety and emission standards provided under Section 21 of the Act, including the pre-evaluation of the documents/requirements pursuant to Section 5 of Republic Act 4136, as amended, otherwise known as the Land Transportation Code

Municipal waste

Refers to the waste materials generated from communities within a specific locality

National Ambient Air Quality Guideline Values

Are limits on criteria air pollutant concentrations published by the Department, intended for the protection of public health, safety, and general welfare

National Motor Vehicle Inspection and Maintenance Program

Refers to the set of projects and other activities and efforts all designed to reduce the damaging impact of air pollution and unsafe vehicles on health and safety of the people, through adoption of standards for emission and vehicle safety, and a series of measures to ensure compliance with them

New Motor Vehicle

Means a vehicle constructed entirely from new parts that has never been sold or registered with the DOTC or with the appropriate agency or authority, and operated on the highways of the Philippines, any foreign state or country

New Source

Means any plant, equipment, or installation in any trade, business or establishment which generates, emits or disposes air emissions into the atmosphere and constructed after the date of effectivity of these Implementing Rules and Regulations. This includes any existing stationary source transferred or moved to a different location or site for the purpose of installation, operation or use after such date

Normal Cubic Meter

Means the volume of dry gas which occupies a cubic meter measured at twenty five degrees Celsius (25o ) at an absolute pressure equivalent to seven hundred sixty (760) mm Hg

Octane Rating or the Anti-Knock Index

Means the rating of the antiknock characteristics of a grade or type of automotive gasoline as determined by dividing by two (2) the sum of the Research Octane Number (RON), plus the Motor Octane Number (MON). The octane requirement, with respect to automotive gasoline for use in a motor vehicle or a class thereof, whether imported, manufactured, or assembled by a manufacturer, refers to the minimum octane rating or such automotive gasoline which such manufacturer recommends for the efficient operation of such motor vehicle, or substantial portion of such class, without knocking

Opacity

Means the amount of light obscured by particle pollution in the atmosphere

Operator

Means a person or entity that manages a transport business but not necessarily a vehicle owner

Owner

Means the person or entity identified as the motor vehicle owner in the motor vehicle registration or by a valid deed of sale

Ozone Depleting Substances

Refers to those substances that significantly deplete or otherwise modify the ozone layer in a manner that is likely to result in adverse effects on human health and the environment such as, but not limited to, chlorofluorocarbons, halons, and the like

Particulate Matter or Suspended Particulates

Means any material, other than uncombined water, which exists in a finely divided form as a liquid or solid

Passenger Car

Refers to a four-wheeled motor vehicle used for the carriage of not more than six passengers including the driver and having a gross vehicle mass not exceeding 2,500 kg in accordance with the definition contained in PNS 1891

Permit

Refers to the legal authorization to engage in or conduct any construction, operation, modification or expansion of any installation, operation or activity which will be reasonably expected to be a source of pollution

Permittee

Refers to the owner, operator or entity who owns, leases, operates, controls or supervises any source, facility, machine or equipment

Permit to Operate

Refers to the legal authorization granted by the Bureau to operate or maintain any installation for a specified period of time

Permit Condition

Refers to a statement or stipulation issued with a permit, compliance with which is necessary for continued validity of the permit

Persistent Organic Pollutants

Means organic compounds that persist in the environment, bio-accumulate through the food web, and pose a risk of causing adverse effects to human health and the environment. These compounds resist photolytic, chemical and biological degradation, and include but are not limited to dioxin, furan, Polychlorinated Biphenyls (PCBs), organochlorine pesticides, such as aldrin, dieldrin, DDT, hexachlorobenzene, lindane, toxaphene and chlordane

Poisonous and toxic fumes

Means any emission and fumes which do not conform to internationally-accepted standards, including but not limited to, World Health Organization (WHO) guideline values

Pollution control device

Refers to any device or apparatus that is used to prevent, control, or abate the pollution of air caused by emissions from identified sources at levels within the air pollution standards established by the Department

Pollution control technology

Refers to pollution control devices, production processes, fuel combustion processes or other means that effectively prevent or reduce emissions or effluents

Potential to emit

Refers to the annual mass emissions that would result from a source when operating 8,760 hours per year. Actual emissions are based on the actual hours of operation per year

Rebuilt Motor Vehicle

Means a locally assembled vehicle using new or used engine, major parts or components

Reference Mass or Weight

Means the mass or weight of the vehicle in running order with a full fuel tank and including the set of tools and spare wheel, plus 100 kilograms but does not include the mass or weight of the passengers and driver

Siga

Means the traditional small scale method of burning of wastes resulting from cleaning the backyard such as fallen leaves, twigs, stems, and other similar matter from plants and trees in the backyard where the burning is done

Smoke Opacity Meter (or Opacimeter)

Means an instrument which determines the smoke opacity in exhaust gases emitted by the engine system

Spark-Ignition Engine

Means an internal combustion engine in which the air/fuel mixture is ignited by a spark plug, e.g., a gasoline engine

Standard of performance

Means a standard for emission of air pollutants which reflects the degree of emission limitation achievable through the application of the best system of emission reduction, taking into account the cost of achieving such reduction and any non-air quality health and environment impact and energy requirement as determined by the Department through the Bureau

Stationary source

Refers to any building or fixed structure, facility or installation that emits or may emit any air pollutant

Type Approval

Refers to the official ratification of the compliance of a vehicle type with applicable national or international regulations

Useful Life of Vehicles and Engines

Refers to the period of time a vehicle and/or engine can be used, and meet standards of road worthiness and engine emissions

Vehicle Type

Means a category of power-driven vehicles which do not differ in such essentials as reference mass or weight, engine type, number of cylinders, body configuration, manner of transmission, fuel used and similar characteristics