2020 Ra 8749

REPUBLIC ACT NO.
8749:
PRESENTED BY:
PHILIPPINE CLEAN AIR ACT ENGR. EMMANUEL R.
OF 1999 ALTAREJOS
OUTLINE OF PRESENTATION
• Introduction
• Clean Air Act Goal
• Basic concept of AQMS
• Schedule for attainment of clean air
• Compliance and Permitting Requirements
• Source and Ambient Air Monitoring and
• Reporting Requirements
• Policy updates
Pollution Control Association of the Philippines, Inc.- National 2

REPUBLIC ACT 8749 OR
“PHILIPPINE CLEAN AIR ACT OF 1999”
“An Act Providing for a Comprehensive Air Pollution
Control Policy and for Other Purposes”
• DENR Administrative Order No. 2000-81

“Implementing Rules and Regulations of the Act”
• DENR Administrative Order No. 2000-82 “National

Air Quality Improvement Framework & National Air
Quality Control Action Plan”

IMPORTANT DATES TO REMEMBER

CAA Goal
“To achieve and maintain clean
air that meets the National Air
Quality Guidelines for Criteria
Pollutants, throughout the
Philippines, while minimizing the
possible associated impacts on
the economy of the Philippines”

BASIC AQMS CONCEPT
 All sources of air

pollutant emissions will
require a permit to
operate
(PTO)/registration
 All sources shall comply
with the Air Quality
Standards before it can
be issued a PTO or can
be registered (in case of
MV)
SCHEDULE FOR ACHIEVEMENT OF HEALTHY
AIR : AIRSHED-SPECIFIC BASIS
• Each airshed has its own multi-

sectoral governing boards
✓to oversee the planning and
implementation of air quality
management policies and
✓to ensure strong coordination
among government agencies
and between government
agencies and the private sector
and civil society.

POLUTION CONTROL
FOR STATIONARY SOURCES

SECTION 19, CAA “POLLUTION
FROM STATIONARY SOURCES”
Any trade, industry, process and fuel burning

equipment or industrial plants emitting air
pollutants shall comply with the National Emission
Standards for Source Specific Air Pollutants
(NESSSAP, Table 2)

SECTION 19, CAA “POLLUTION FROM
STATIONARY SOURCES”
What is a Stationary Source

• Any building or immobile
structure, facility or installation
which emits or may emit any air
pollutant

CLASSIFICATION OF STATIONARY
SOURCE
Existing
New
Modified

Existing Source
• any source already erected, installed, & 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 the IRR (Nov. 2000)
New Source
• any plant, equipment, or installation in any trade,
business or establishment which generates, emits
or disposes air emissions into the atmosphere and
constructed
• Any existing source transferred or moved to a
different location or site for the purpose of
installation, operation or use after the effectivity
date of the IRR (Nov 2000)

Modified Source
• any existing source which in the opinion of the
Department has undergone a MODIFICATION*
after the date of adoption of an applicable rules &
regulations and shall be reclassified as “new
source”
* 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 is
SOURCE EMISSION
TESTING
- a sample is drawn from the
stack (at the point of
emission) in conditions that
represent those in the
source
- only provides the “Snap
Shot” of the emission from a
source at the time of testing

METHODOLOGIES
Grab sampling
• A sample of the flue gas is extracted
from a stack by the use of a sampling
probe, collected in a container, then
analyzed in the laboratory to
determine the concentration of
pollutants.
METHODOLOGIES
Continuous sampling
• Use of built-in analyzers & recording
system or measures “real-time
concentration)

TESTING PROCEDURES
• The applicable methods for sampling and

analysis of the criteria pollutants (identified in
the National Emission Standards for Source
Specific Air Pollutants) are listed in Rule XXV,
Section 1, Table 2 of DAO 2000 – 81. All
procedures were referenced to Appendix A of
USEPA 40 CFR Part 60.
• Other equivalent methods may be approved by
the EMB

SOURCE EMISSION TESTING EQUIPMENT

REGULATORY FLEXIBILITY
❑Existing source complies with less stringent
standards than new or modified sources.
❑Existing source may be given a compliance
period of 18 months and an extension of not
more than 12 months
❑Industries located in non-attainment areas
comply with more stringent air quality
standards and regulations.

SECTION 12, RA 8749 “PHILIPPINE CLEAN AIR
ACT OF 1999
Prescribes (1) Ambient Air Quality

Guideline Values and (2) Standards for
Source Specific Air Pollutants from
Industrial sources/operations
To ensure the protection of public health,

safety and welfare

NATIONAL AMBIENT AIR QUALITY
STANDARDS (NAAQS)
• Discharge of air pollutants that result in airborne
concentrations in excess of NAAQS shall not be
permitted
• Sampling shall be done at an elevation of at least 2

meters above the ground level
• Conducted at the highest expected concentration,

either at the property line or at a downwind
distance of 5-20 times the stack height

OBJECTIVES: AMBIENT AIR SAMPLING
To check compliance with the National

Ambient Air Quality Standards; and
To assess air quality in the area in

relation to the National Ambient Air
Quality Guideline Values

SAMPLING PROCEDURES
✓The applicable methods for sampling and measurement of
TSP, PM10, SO2, NO2, O3, CO, Lead) are identified in
Rule VII, Section 1, (b) of DAO 2000 – 81. All procedures
were referenced to Appendices of USEPA 40 CFR Part 50
✓Acceptable analyzers are those designated as a reference
method in accordance to USEPA 40 CFR, Part 53
✓Other equivalent methods may be approved by the EMB

MANUAL AMBIENT AIR SAMPLING

AUTOMATIC AMBIENT AIR SAMPLING

SECTION 16. PERMITS
“The DENR 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”.

DAO 2004-26 “AMENDING RULE XIX OF DAO
2000-81 OR THE IRR OF CAA”
All sources of air emissions shall secure Permit to Operate (PTO) from
the EMB ROs prior to operation
PTO shall be issued upon compliance with both emission & ambient
standards
PTO shall be valid for 5 years
Temporary PTO can be issued with a maximum validity period of 90

days
Requirements in the PTO will be based on operating conditions at the

time of the test

PERMITTING
PROCEDURES
POLICY ON COMPLIANCE
AND PERMITTING FOR
INDUSTRIAL FACILITIES
RELATING TO AIR QUALITY
(MC 2007-03, dtd. 12/7/07)

RATIONALE
Standardization of permitting
procedures
Clarification for:
• How do facilities demonstrate
compliance?
• Which sources will require emission
test data and dispersion modeling
results with an application?
POLICY ON COMPLIANCE TESTING &
PERMITTING
For permitting purposes (initial or renewal);
For a routine compliance check of an existing source;
After modification have been made to a source to achieve

compliance; OR
To investigate a pollution complaint

PERMITTING POLICIES
• Permit conditions may be used to
specify all technical and
operational requirements for the
effective management and
monitoring of emissions.
• EMB shall specify routine testing

requirements in permits.

PERMITTING POLICIES
• Permit Assessment Period: 25 days
after receipt of application (DAO
2004-26)
• An incomplete application, or one in

which the information indicates non-
compliance should not be accepted
and should be returned to the
applicant
PERMITTING POLICIES
• A temporary permit may be issued to
allow compliance testing to be
conducted, but only if EMB believes that
the relevant sources may be able to
comply.
• Compliance shall be demonstrated

before a regular permit is issued
COMPLIANCE TESTING: EMB’S ROLE
• QA/QC observers only
• Approves the Test Plan prior to conduct
compliance testing by DENR accredited 3rd party
stack emission testing firm
• Advise permittee of the pollutants to be tested, the
test methods, the required operating conditions
and the data required
• The permittee must arrange for a DENR accredited
3rd party stack emission testing firm to conduct the
compliance test, and bear the cost of doing so
GROUNDS FOR REVOCATION
Non-compliance with or violation of any provision of the act,
IRR and/or permit conditions
False or inaccurate information in the application for permit

that led to the issuance of the permit
Refusal to allow lawful inspection conducted by the

department through the bureau of duly authorized personnel
Non-payment of the appropriate fees
Other valid purposes

MONITORING, REPORTING AND ADJUDICATION

SEC. 38, CAA “RECORD KEEPING,
INSPECTION, MONITORING AND ENTRY”
“The DENR 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 & maintain relevant records;
(b) make relevant records;
(c) install, use & maintain monitoring equipment or methods;
(d) sample emission, in accordance with the methods, locations,
intervals, & manner prescribed by the DENR;
(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 DENR may reasonably
require”.

SELF MONITORING REPORT
DENR Administrative Order No. 2003-27
“Amending DAO 26, DAO 29 and DAO 2001-81
on the Preparation and Submission of Self-
Monitoring Report (SMR)”
• Quarterly submission, within fifteen (15) calendar
days after the end each quarter
• Submit completed, signed and notarized SMR to
the EMB Regional Office where the facility is
covered
• MODULE 4 provides information on compliance
with the requirements of R.A. 8749
ACTIONS TO NON-COMPLIANCE OF
STATIONARY SOURCES
Issuance of Notice of Violation by EMB-Regional Office
(RO)
Conduct of Technical Conference with firm and EMB RO
Firm submits Compliance Plan (CP)
EMB-RO approves and monitors CP
Elevated to PAB in case of non-compliance of the CP

POLICY UPDATES
POLICY UPDATES
CONTINUOUS EMISSION MONITORING SYSTEM (CEMS)
• DAO 2007-22 “Guidelines on

the Installations of CEMS”
Coverage:
✓Existing major source (Rule
XXV IRR, any new or modified
source (regardless of industry)
w/ potential to emit at least
750 tons/year of any regulated
pollutant

POLICY UPDATES

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50
CEMS AUDIT
TECHNIQUE PERFORMANCE CRITERIA FREQUENCY
Relative Relative accuracy must not Once every four

Accuracy Test exceed 20% or 10% of calendar quarters
Audit applicable standard,
(RATA) whichever is greater
Relative Inaccuracy must not May be performed in 3
Accuracy exceed ±15% or ±7.5% of of the 4 calendar
Audit applicable standard, quarters
(RAA) whichever is greater
Cylinder Gas Inaccuracy must not May be performed in 3
Audit exceed ±15% of the 4 calendar
(CGA) quarters
ACCREDITATION OF 3RD PARTY
SOURCE EMISSION TESTING FIRMS
 DAO 2013-26 “Guidelines on the
Accreditation of TPSETF”
 Provides assurance to
stakeholders, regulators & the
public of the reliability of source
emission test results
 Ensures that accredited firms are
fully capable of conducting
source emission tests in
accordance with the CAA-IRR
(DAO 2000-81)

COMPLIANCE TESTING
MC 2009-004 dated 01 April
2009
“Amendment of Annex 2 of
MC 2007-003 regarding
compliance and permitting
for industrial facilities
relating to air quality”
▪ Compliance testing of
stand-by gensets with
1,250 KW capacity once a
year (instead of 2x)
REPORTORIAL REQUIREMENT: PLANT
OPERATIONAL PROBLEM
Memorandum Circular 2011-004, dated April 2011
“Clarificatory guidelines re: DAO 2000-81, Part VI,
Rule XIX, Section 13”
1. Breakdown and non-operation of a source
equipment not covered;
2. Breakdown of an air pollution control facility lasting
up to 1 hour not covered, the same may be included
in the SMR;
3. Breakdown of an air pollution control facility lasting
more than 1 hour must be reported to EMB
within 24 hrs from its occurrence
SOURCE
SPECIFIC AIR
POLLUTANT
PARAMETERS
FOR FUEL
COMBUSTION
SOURCES FOR
PERMITTING
PURPOSES
(EMB MC
NO.2016-08)

AIR POLLUTION SOURCE EQUIPMENT (APSE) WITH SINGLE
SOURCE AND DUAL STACK (EG. V-TYPE ENGINES)
(EMB MC NO.2016-08)
▪ Two (2) stacks combined into one (1) stack. Stack

sampling shall be conducted in three (3) runs for
combined single stack.
▪ Two (2) stack to be tested individually. Results of three

(3) runs for each of the two (2) stack shall be average
and treated as single source.

POLICY UPDATES
❑EMB MC 2018-005
❑EMB MC 2019-007
❑EMB MC 2020-003

POLICY UPDATES
❑EMB MC 2018-005

POLICY UPDATES
❑EMB MC 2018-005

POLICY UPDATES
❑EMB MC 2018-005

POLICY UPDATES
❑EMB MC 2018-005

POLICY UPDATES
❑EMB MC 2018-005

POLICY UPDATES
❑EMB MC 2018-005

POLICY UPDATES
❑EMB MC 2018-005

POLICY UPDATES
❑EMB MC 2019-007

POLICY UPDATES
❑EMB MC 2019-007

POLICY UPDATES
❑EMB MC 2019-007

POLICY UPDATES
❑EMB MC 2019-007

POLICY UPDATES
❑EMB MC 2019-007

POLICY UPDATES
❑EMB MC 2020-003

POLICY UPDATES
❑EMB MC 2020-003

POLICY UPDATES
❑EMB MC 2020-003

POLICY UPDATES
❑EMB MC 2020-003

POLICY UPDATES
❑EMB MC 2020-003

POLICY UPDATES
❑EMB MC 2020-003

POLICY UPDATES
❑EMB MC 2020-003

POLICY UPDATES
❑EMB MC 2020-003

POLICY UPDATES
❑EMB MC 2020-003

POLICY UPDATES
❑EMB MC 2020-003

POLICY UPDATES
❑EMB MC 2020-003

POLICY UPDATES
❑EMB MC 2020-003

POLICY UPDATES
❑EMB MC 2020-003

REFERENCES
▪ RA 8749: The Philippine Clean Air Act of 1999 and its Implementing
Rules and Regulations, DAO 2000-81, Series 2000
▪ CFR 40 Part 60 of the USEPA
▪ CFR 40 Part 58 of the USEPA
▪ EMB Memorandum Circular No. 2016-08
▪ http://www.emb.gov.ph
▪ http://www.epa.gov/ttnemc01/

ENGR. EMMANUEL R. ALTAREJOS
EVP – BSI (formerly Berkman Systems, Inc.)
VAG Bldg., Otigas Ave., Greenhills, San Juan City
09176266021
era@bsienv.com
THANK YOU VERY MUCH FOR YOUR

ATTENTION
www.pcapi.com.ph

2020 Ra 8749

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REPUBLIC ACT NO.

Pollution Control Association of the Philippines, Inc.- National 2

• DENR Administrative Order No. 2000-81

• DENR Administrative Order No. 2000-82 “National

Pollution Control Association of the Philippines, Inc.- National 3

Pollution Control Association of the Philippines, Inc.- National 4

Pollution Control Association of the Philippines, Inc.- National 5

 All sources of air

• Each airshed has its own multi-

Pollution Control Association of the Philippines, Inc.- National 7

Pollution Control Association of the Philippines, Inc.- National 9

Any trade, industry, process and fuel burning

Pollution Control Association of the Philippines, Inc.- National 10

What is a Stationary Source

Pollution Control Association of the Philippines, Inc.- National 11

Pollution Control Association of the Philippines, Inc.- National 12

Pollution Control Association of the Philippines, Inc.- National 14

Pollution Control Association of the Philippines, Inc.- National 17

Pollution Control Association of the Philippines, Inc.- National 19

• The applicable methods for sampling and

Pollution Control Association of the Philippines, Inc.- National 20

Pollution Control Association of the Philippines, Inc.- National 21

Pollution Control Association of the Philippines, Inc.- National 22

Prescribes (1) Ambient Air Quality

To ensure the protection of public health,

Pollution Control Association of the Philippines, Inc.- National 23

• Sampling shall be done at an elevation of at least 2

• Conducted at the highest expected concentration,

Pollution Control Association of the Philippines, Inc.- National 25

To check compliance with the National

To assess air quality in the area in

Pollution Control Association of the Philippines, Inc.- National 26

Pollution Control Association of the Philippines, Inc.- National 27

Pollution Control Association of the Philippines, Inc.- National 28

Pollution Control Association of the Philippines, Inc.- National 29

“The DENR shall have the authority to issue

Pollution Control Association of the Philippines, Inc.- National 30

PTO shall be valid for 5 years

Temporary PTO can be issued with a maximum validity period of 90

Requirements in the PTO will be based on operating conditions at the

Pollution Control Association of the Philippines, Inc.- National 31

Pollution Control Association of the Philippines, Inc.- National 33

For permitting purposes (initial or renewal);

For a routine compliance check of an existing source;

After modification have been made to a source to achieve

To investigate a pollution complaint

Pollution Control Association of the Philippines, Inc.- National 35

• EMB shall specify routine testing

Pollution Control Association of the Philippines, Inc.- National 36

• An incomplete application, or one in

• Compliance shall be demonstrated

False or inaccurate information in the application for permit

Refusal to allow lawful inspection conducted by the

Non-payment of the appropriate fees

Other valid purposes

Pollution Control Association of the Philippines, Inc.- National 43

Pollution Control Association of the Philippines, Inc.- National 44

Pollution Control Association of the Philippines, Inc.- National 45

Conduct of Technical Conference with firm and EMB RO