Permit to Operate Air Permit to Operate Air
pollution pollution
Source Equipment and Source Equipment and
Control Facilities under The Control Facilities under The
Republic Act 8749, otherwise Republic Act 8749, otherwise
known as known as The Philippine The Philippine
Clean Air Act of 1999Clean Air Act of 1999
PERMITTING
REQUIREMENTS
WHAT IS A WHAT IS A PERMITPERMIT??
The Implementing Rules and
Regulation (IRR) of the
Philippine Clean Air Act (DAO
2000-81) defines permit to be..
“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” (air
pollution in this case)
Outline Outline
•Permits Required
•Filing of fees for Application
•Application for Permit to Operate
•Action on the Application for PTO
•Te mporary Permit to Operate
•Grounds for Suspension or Revocation of Permit
•Posting of Permit
Rule XIX. Sec. 1 of the DAO 2000-
81 (IRR of RA 8749 or the
Philippine Clean Air Act of 1999) as
amended by DAO 2004-26…
“All sources of air pollution subject
to these Implementing Rules and
Regulations must have a valid
Permit to Operate issued by the
Environmental Management
Bureau (EMB) Regional Director.”
Compliance Testing of New or Modified Sources for Compliance Testing of New or Modified Sources for
Permitting PurposesPermitting Purposes
•Large source
–A boiler rated at 251 Hp or greater;
–A diesel generator rated at 1,250 Kw or
greater (regardless of its frequency of
operation); or
- Any other source that has the potential
to emit 100 tonnes or more per year of
air pollutant regulated under RA8749.
Medium-sized sourceMedium-sized source
•A boiler rated at 100 to 250 Hp;
•A diesel generator rated at 600 to
1,249Kw (regardless of its frequency
of operation); or
. Any other source that has the potential
to emit at least 30 tonnes per year, but
less than 100tonnes per year of an air
pollutant regulated under the Act.
Environmentally Significant SourceEnvironmentally Significant Source
•any source of emission of hazardous air pollutants included on the
list of Priority Chemicals in DAO 1998-58; and
•The principal emission sources at petroleum refineries,
petrochemicals works, smelters, cement kilns, steel, ferro-alloy and
glass-making plants.
•NOTE: Large and Environmentally significant sources also requires
• dispersion modelling to demonstrate their compliance with
the source-specific ambient air quality standards prior to
their initial permitting.
Small source Small source
•A small source is defined as:
–A boiler rated at 99Hp or less;
–A diesel generator rated at 599Kw or less (regardless
of its frequency of operation); or
–Any other source that has the potential to emit
at least 10tonnes per year but not less than
30tonnes per year of an air pollutant , regulated under
the Act.
NOTE: All sources using Bunker Fuel Oil, Blended fuels involving
Bunker Fule oil or fuel with a sulfur content of !% or more shall
be tested twice a year each year for each year of operation.
Existing sources that does not require emission testingExisting sources that does not require emission testing
for Permitting purposesfor Permitting purposes
•Boilers rated at less than 50Hp;
•Diesel generators rated at less than
300Kw; and
•Other sources that have the potential to
• emit less than 10 tonnes per year of an air
pollutant regulated under the Act.
A fee to be determined by the EMB shall be paid upon the filing of any A fee to be determined by the EMB shall be paid upon the filing of any
of the following applications:of the following applications:
•A. Permit to Operate;
•B. Transfer of an existing and valid Permit to Operate by reason
of transfer of location of the installation or change of
permittee or both;
•C. Revision of any existing and valid PTO involving alteration or
replacement of the installation; and
•D. Renewal of an expired PTO.
–Filling fees for the apllications, which have
been denied, shall not be refunded nor
applied to subsequent applications.
Schedule of Fees on 31 May 1984, in accordance Schedule of Fees on 31 May 1984, in accordance
with BP 325with BP 325
1.Filing Fee P 55.00
2.Pollution Clearance 200.00
3.Certificate of Exemption 200.00
4.Fees for “Authority to Construct” and “Permit to Operate” for
Wastewater Treatment Plants/Disposal Facilities:
Discharges, m3/day AC FEE PO FEE
up to 30 P200.00 P250.00
31 to 100 350.00350.00.
101 to300 500.00500.00
301 to500 750.00750.00
501 to 1,000 1,000.00 1,000.00
1001 to 3,000 1,200.00 1,300.00
3001 to 5,000 1,400.00 1,600.00
5001 to7,0001,600.00 2,000.00
7001 to 10,0001,800.00 2,520.00
over 10,0002,000.00 3,500.00
5. Fees for Authority to Construct and Permit to Operate for Air Pollution Sources Installations and/or Control Facilities:
a. Steam boilers and oil heaters
Rated Hp kgs/hr. Cap.kcal/hr.kcal/hr.AC PD
(steam)(steam)(oil)(fee) (fee)
up to 100 up to 1568 up to 844 up to 750 P100.P 75.
200 3136 1476 1500 150. 100.
300 4704 7531 2250 200. 150.
400 6273 3374 3000 300. 200.
500 7841 4218 3750 400. 250.
over 500 over 7841 over 4218 over 3750 500. 300.
b. Fuel Burning Installations
Grate surface Solid Fuels OilGas AC PD
area kgs/hr. Li/hr.m2/hr.Fee Fee
up to 0.9 up to 112 up to 112 up to 118
P100.P75.1.8 225 225 225 150. 100.
2.7 340 340 337 200. 150.
3.5 473 473 474 300. 200.
4.6 587 587 593 400. 250.
over 4.6 over 587 over 587 over 593
500. 300.
c. Electric furnaces and ovens
KW SteelBronzeIron AC PD
(Capacity kilogram / hr.) Fee Fee
up to 75100 180110P 100.P75.
125 185 350205150.100.
175 270 515300200.150.
225 375 680405300.200.
325 570 1045635400.250.
over 325 over 570 over 1045 over 635500.300.
- For other metals, the capacity in kgs./hr. is
derived by multiplying the values for steel with the
following factors: Aluminum = 1; Copper = 1.6;
Gold = 5; Silver = 2.85.
d. Incinerators
Grate surface Capacity AC PD
area sq. m. kgs/hr. Fee Fee
up to 1.0 up to 115 P100.00 P75.00
1.75225 150.00 100.00
2.75340 200.00 150.00
3.5 475 300.00 200.00
4.5 585 400.00 250.00
over 4.5 over 585 500.00 300.00
e. Process equipment
1. For other raw materials
Rated Capacity AC PO
Fee Fee
up top 1 MT/hr.P 100.00 P100.00
5 MT/hr. 200.00 150.00
10 MT/hr. 300.00 200.00
over 10 MT/hr.400.00 300.00
2. For other raw materials
Rated Capacity AC PO
Fee Fee
up top 10 kgs./hr.P 100.00 P100.00
500 kgs./hr.200.00 150.00
1000 kgs./hr.300.00 200.00
over 1000 kgs./hr.400.00 300.00
f. Other sources of air pollution which do not fall under any of the above
schedules P 100.00 / P 100.00
Who Shall Apply for a Permit Who Shall Apply for a Permit
to Operate?to Operate?
For any trade, industry, process, fuel-
burning equipment or industrial plant
emitting air pollutants shall apply for
Permit to Operate from EMB Regional
Office.
As such, they shall file an application using
the prescribed form.
Equipment coveredEquipment covered by Permit to Operate by Permit to Operate
Equipment to include boilers,
generators, dryers, furnace,
incinerators and other equipment
with heat conduction or heat
transfer are required to apply.
Equipment coveredEquipment covered by Permit to Operate by Permit to Operate
All other equipment covered and
stipulated in Rule XXV, Section 5 –b
(e.g. reheating furnaces, ovens,
coffee heaters, varnish kettle, paint
booths and similar equipment.
Other sources as determined and
evaluated by the Bureau that will emit
regulated pollutants vented to
atmosphere (fugitive particulates and
volatile organic compound or organic
solvents as stipulated by Section 13 a
and b).
Equipment coveredEquipment covered by Permit to Operate by Permit to Operate
STORAGE TANKSSTORAGE TANKS
Emissions from storage tanks are a
result of evaporative losses during
storage, filling and emptying
operations. Said processes emit
volatile organic compound.
As such, storage tanks should be applied
for permit to operate.
Exemptible EquipmentExemptible Equipment
Any article, machine, equipment,
contrivance, operation, process, or activity
which the Bureau determines and evaluated
as not causing the discharge of regulated air
pollutants in sufficient quantity, with respect to
its character, quality or content, and
circumstances surrounding its location, use
and operation, as to contribute significantly to
the air pollution (ambient and source emission
standards).
Permits to Operate Air Pollution Permits to Operate Air Pollution
InstallationInstallation
Temporary Permits to Operate are issued for
sampling, planning, research and other
similar purposes which are valid for 3 months
(Rule XIX , Section 7 of the IRR of R.A. 8749)
Regular Permits to Operate are issued after
complying to the requirements and conditions
of the IRR of the Clean Air Act such as
Ambient and Emission Standards.
Renewal of Permit to OperateRenewal of Permit to Operate
Renewal of the Permit to
Operate shall be at least thirty (30)
days before expiration date as
specified in Section 8, Rule XIX of
the IRR of the PCAA and as one of
the conditions of the permit.
Requirements for New ApplicationRequirements for New Application
1.Duly-accomplished and notarized
Application Form (in triplicate copies);
2. Copy of the appointment/designation
of the Pollution Control Officer (PCO)
of the plan/establishment together
with his/her complete
bio-data/curriculum vitae.
Requirements for New ApplicationRequirements for New Application
3. Engineer’s Report, depending on the
nature of the manufacturing
process/processes and/or air
pollution source equipment
(APSE)/air pollution control facility/s
(APCF) covered by the permit
application.
Requirements for New ApplicationRequirements for New Application
4.Plan and elevation drawings with complete
specifications of the APSE and APCF in
50 cm x 90 cm paper duly signed by a
Professional Mechanical Engineer,
Registered Mechanical Engineer,
Chemical Engineer, Chemical Engineer or
Sanitary Engineer or combination of any
two (2) or all of them depending on the
nature of the installation.
Requirements for New ApplicationRequirements for New Application
5.Company Profile
•Company Background
•Copy of the Certificate of Registration
issued by the Securities and Exchange
Commission or Bureau of Commerce
•Vicinity Map
•Total Cost (e.g. each type of equipment
installation etc.) of the APSE/APCF
covered by the permit application
6. Statement of compliance with the National
Emission Standards for Source Specific Air
Pollutants (NESSAP)
for large and environmentally significant
sources: results of the stack emission test
conducted by EMB or a DENR-accredited
third party stack tester
for small and medium sources: results of
stack emission test or emission estimate
calculations will suffice
Requirements for New ApplicationRequirements for New Application
7. For large and environmentally
significant sources, dispersion
modelling using Bureau-approved
models and techniques is also
required (refer of EMB Memorandum
Circular 2008-003) to determine
compliance with the source-specific
ambient air quality standards.
Requirements for New ApplicationRequirements for New Application
ENGINEER’S REPORTENGINEER’S REPORT
An Engineer’s Report prepared by a
registered mechanical engineer, chemical
engineer or pollution control officer that should
be submitted as part of the requirements for a
application Permit to Operate should contain, but
not limited to the following information:
a. Flowsheet(s) and description(s) of the
manufacturing process(es) including a list of the
raw material(s), including fuel used and fuel
consumption and finished product(s) with the
corresponding amount(s) used/produced.
b. List of APSE and corresponding
APCF (if provided), and description of
use/mode of operation; include
justification for the non-provision of an
APCF; indicating the type/nature and
quantity(ies) of air contaminants
generated by the operation of the
APSE; design criteria of APCF
including design efficiency, quantities
and type of pollutants in the final
emission.
Requirements for Renewal of Requirements for Renewal of
Permit to OperatePermit to Operate
•Duly-accomplished and notarized Application
Form (in triplicate copies),
•Copy of the latest “Permit to Operate” issued,
•Self-monitoring Report (SMR),
•Latest emission test report/result conducted (if
applicable).
•Applications for renewal which include units not
stated in the previous permit issued are
required to submit an Engineer’s Report
covering the additional units.
Grounds for Non- Issuance of Grounds for Non- Issuance of
Permit to OperatePermit to Operate
Non-compliance with or violation of the Act, and/or
permit conditions such as non submission of the
necessary report (e.g. Self-Monitoring Report),
exceedance of the emission limits/standards, non-
submission of documents needed relative to the
application, non-payment of the required fees,
refusal to allow lawful inspection conducted by
EMB and other relevant reason stipulated in Rule
XIX, Section 10 of the IRR of R.A. 8749
Time frame of Permit IssuanceTime frame of Permit Issuance
As stipulated in DAO 2004-26, the
Bureau shall act within twenty-five
(25) days for the approval or denial on
the application of the permit to operate.
(Subject to completeness of
application requirements)
Type of Application
Company Information
No. of Units (APSE & APCF)
Description of APSE
Description of APCF
Prescribed Fees (with
attached copy O.R.)
Notarized
Preliminary Evaluation of an Application Preliminary Evaluation of an Application
for Permit to Operatefor Permit to Operate
Permitting PolicyPermitting Policy
•Applicants should bear the costs of
demonstrating compliance
•Consistent with the “polluter pay” principle
•Permitting should ensure all emission
sources comply with the Act, especially the
standards
•EMB has a legal duty to ensure a source complies
before it is permitted to operate
Permitting PolicyPermitting Policy
•Requirements in the Permit to Operate will
be based on operating conditions at the
time of test. For example, if the facility
passes the stack sampling test at 50%
operating capacity, then the Permit to
Operate will require the facility to operate
at or below 50% operating capacity.
Permitting PolicyPermitting Policy
•Large, medium-sized or environmentally
significant new/modified sources require
emission testing to demonstrate
compliance before a regular permit is
issued.
•“ All owners
/operators of
existing stationary
sources are
required to submit
regular SO
2
ambient monitoring
data and during
the renewal of
Permit to Operate”
Permitting PolicyPermitting Policy
Compliance TestingCompliance Testing
•A large or
environmentally
significant existing
source should be tested
twice per year for each
year of its operation by
the permittee/facility
operator to verify its
compliance. Each test
shall consist of three
sampling runs.
Compliance TestingCompliance Testing
•A medium-sized
source should be
tested annually by
the permittee/facility
operator to verify its
compliance. Each
test shall consist of
three sampling
runs.
•A small source should be tested
by the permittee/facility operator
once during the first year if its
operation to verify its compliance.
Thereafter, it should be tested once
every second year. Each test shall
consist three sampling runs.
Compliance TestingCompliance Testing
Compliance TestingCompliance Testing
•All sources using
Bunker Fuel Oil,
blended fuels
involving Bunker
Fuel Oil, or fuels
with a sulfur content
of 1% or more, shall
be tested twice
each year for each
year of operation.
•Boilers rated at <50 HP
•Diesel generators rated at <300kW
•Other sources that have the potential to emit
<10 tonnes per year of an air pollutant
regulated under the Act
What are the existing
sources that do not require
emission testing for
permitting purposes?
EMISSION
ENGINEERING
ESTIMATES
STATIONARY
SOURCES
GENERATOR SETS, BOILERS, GENERATOR SETS, BOILERS,
TURBINES, ETC.TURBINES, ETC.
•REQUIRED DATA:
–Gen set rating (kVA, kW, hp, etc.)
–Volume of diesel consumed
•FORMULA:
E = PR X EF X (1-C/100)
E = emission estimate for source
PR = activity level/process rate (amount of oil consumed)
C = Control device efficiency in percent
EMISSION FACTORS (AP 42 5EMISSION FACTORS (AP 42 5
thth
Edition)Edition)
SAMPLE PROBLEMSAMPLE PROBLEM
Given:
20 kVA Diesel Generator set
20 L fuel consumed/qtr
Required:
PM, CO, NOx, Sox, VOC
Initial Calculation:
Power Rating in KW = 20 kVA*0.8 = 16 kW
Vol. of fuel consumed = 20 L* 0.2641721 gal/L = 5.283442
gal
Solution:
Lbs of PM= Vol. of fuel consumed*EF
= 5.283442 gal* 41.49 lb/1000gal
burned
Lbs of PM = 0.2192 lb
Lbs of CO = 0.6715 lb CO
Lbs of SOX = 0.2024 lb SOX
Lbs of NOX = 3.1183 lb NOX
Lbs of VOC = 0.9636 lb VOC
•REQUIRED DATA:
–Amount of production (in tons)
•FORMULA:
E = PR X EF X (1-C/100)
Where: E = emission estimate for source
PR = activity level/process rate (amount of production)
C = Control device efficiency in percent
R
ICE MILLS
R
ICE MILLS
EMISSION FACTORS (AP 42 5EMISSION FACTORS (AP 42 5
thth