[ DENR ADMINISTRATIVE ORDER NO. 14-A, December 09, 1993 ]

AMENDMENT TO ADMINISTRATIVE ORDER NO. 14 SERIES OF 1993 AND CLARIFYING ITS COVERAGE AND SCOPE



WHEREAS, Administrative Order No. 14, Series of 1993 (AO 14 s. 1993) was promulgated by the Department of Environment and Natural Resources to revise the Air Quality Standards of the Philippines;

WHEREAS, due to a number of pressing concerns related to compliance with AO 14 s. 1993, the Department sees the need to amend certain portions of the Order to allow for a more effective flow of implementation;

NOW THEREFORE, for and in consideration of the above premises and consistent with the provisions of PD 984, the Department hereby amends and clarifies certain provisions of DAO 14 s. 1993, as follows:

  1. The term Existing Source defined in paragraph (g) Section 57 shall be redefined as follows:

    "Any source already erected, installed and in operation or for which construction has been offered for bidding or for which the final engineering design was completed and/or actual construction has commenced prior to April 24, 1993; provided, however, that any existing source which in the considered opinion of the Department has undergone a modification after the date of adoption of an applicable rule or regulation, shall be classified and considered a new source except when the modification is related to attempts to improve the quality of the air emissions of the source".

  2. A source not satisfying any of the conditions enumerated in the redefinition of the term "Existing Source" stated above shall be classified as "New Source" for purposes of paragraph (q) Section 57 of AO 14 s. 1993.

  3. 3.         Footnotes "c" and "d" of Table 2, Section 59 shall be amended such that the following phrase shall be added to both footnotes: "subject to the availability of appropriate technology"

  4. The provisions of Section 60, paragraphs (a) and (b) concerning sulfur compound emissions are clarified as follows:

    (i)    Existing stationary sources shall burn in any fuel burning equipment/steam generators only liquid and solid fuel containing sulfur not exceeding those indicated in paragraph (a) (1) (a) and (a) (1) (b), starting April 24, 1993;

    (ii)   The Department Secretary shall promulgate new and lower sulfur content fossil fuel requirements within the period from April 24, 1995 to January 1, 1996;

    (iii)  If, by January 1, 1996, no such fuel requirements are promulgated, the following measures shall be implemented:

    a)         In order to meet the emission standards, existing major sources shall install SOx control facilities within five (5) years;

    b)         Existing major/smaller fuel burning equipment/steam generators shall comply with Section 60 (c) and 61 of DAO 14 s. 1993.

  5. Section 60 paragraph (c) providing corrective measures "when an existing source is unable to comply with SOx emission limits", covers existing minor (smaller) as well as major fuel burning equipment/steam generators.

  6. In lieu of the provisions of Section 61 (variance), the Department shall instead require the submission of a Program of Compliance which shall be approved by the Department Secretary prior to implementation. The Program of Compliance shall consist of the following:

    (i)    Details of the proposed abatement program, time schedule and cost estimates;

    (ii)   Interim abatement measures;

    (iii)  Surety bond to be determined by the Department;

    (iv)  Other relevant data as may be required by the Department.

    This Program of Compliance, therefore, supercedes the provisions of Section 61 (Variance)

  7. Section 60 paragraph (d), "Penalty for Non-Compliance" shall be deleted and, instead Section 67, "Penalties" shall be implemented.

This Order takes effect thirty (30) calendar days after its publication in at least two (2) newspapers of national circulation in the Philippines.

Adopted: 9 Dec. 1993

(SGD.) ANGEL C. ALCALA

Secretary