Cerilles signs implementing rules of Clean Air Act

Environment and Natural Resources Secretary Antonio Cerilles finally signed yesterday the implementing rules and regulations (IRR) of the Clean Air Act of 1999, virtually junking the requests of five government agencies to be exempt from its coverage.

Among the salient features of the IRR which will directly affect so-called "stationary sources" of pollution such as factories include the phaseout of all existing incinerators dealing with biomedical wastes on or before July 17, 2003. These air polluters must have a valid permit to operate, while new or modified sources must obtain an authority to construct.

Tax incentives will be granted to industries which will install pollution control devices or retrofit their existing facilities.

Under the IRR, owners of factories found violating the standards of the Clean Air Act shall be fined with not more than P100,000 a day until they comply with the standards.

Gross violations such as smoke-belching and use of leaded gasoline will be meted an imprisonment of six to 10 years; illegal burning of municipal wastes, two years and one day to four years; and illegal burning of hazardous substances and biomedical wastes, four years and one day to six years.

Mobile sources of pollution such as cars are required to secure a certificate of conformity (COC) from the Department of Transportation and Communication (DOTC) prior to initial registration.

All new motor vehicles to be introduced in the Philippine market up to Dec. 31, 2002 must comply with the transitory emission limits before being issued COCs.

All in-use motor vehicles as well as vehicles with updated/enhanced engines whose chassis are pre-registered with the Land Transportation Office (LTO) can only be registered if they pass emission standards at a motor vehicle inspection station within 60 days prior to registration.

No rebuilt or second-hand completely built-up unit (CBU) imported or pre-registered vehicles retrofitted with second-hand engines cannot be registered without valid COCs. The same requirement applies to locally-rebuilt vehicles.

All vehicles must undergo mandatory inspection under the DOTC’s national motor vehicle inspection and maintenance program, which will be fully operational by January 2003, as a requisite for registration.

Vehicle owners who will violate these regulations face a fine of P1,000 for the first offense; P3,000 for second offense; and P5,000 for third offense.

In case the third offense is committed within a year from the commission of the first offense, an additional penalty of one-year suspension of motor vehicle registration will be imposed.

A minimum fine of P30,000 or cancellation of the license will be imposed if the violator is a technician.

Effective Jan. 1, 2003, aromatics must be reduced by 35 percent, and benzene by two percent in unleaded gasoline. Sulfur in diesel fuel must be reduced by 0.20 percent effective Jan. 1, 2001.

Effective Dec. 23, 2000, no person will be allowed to manufacture, import, sell, offer for sale, convey or dispose of leaded gasoline and engines and components requiring the use of leaded gasoline. Violators face a jail term of three years and one day to five years.

On the other hand, any person who manufactures, imports or sells unleaded premium gasoline which does not meet the fuel specifications of the Department of Energy faces a jail term of three years and one day to five years.