Environmental Management Laws, Rules and Regulations in the Philippines ×made up of 7,107 islands ×land area of 115,739 sq. m. (299,764 sq. km.). ×Main island groups are Luzon, Visayas, and Mindanao. × Capital is Manila. The Philippines CLIMATE ×March to May is hot and dry. ×June to October is rainy, ×November to February is cool. ×Average temperatures: 78°F / 25°C to 90°F / 32°C; ×humidity is 77%. 1 POPULATION There are a total of 76.5 million Filipinos as of the latest national census in May, 2000 with projected population of 85.2 million in 2005. Luzon, the largest island group, accounts for more than half of the entire population. Region III DEMOGRAPHIC PROFILE GEOGRAPHICAL COORDINATES Longitude Latitude AURORA : 121.77’80 15.82’16 BATAAN : 120.51’97 14.64’48 BULACAN : 120.97’84 14.97’90 PAMPANGA : 120.66’83 15.07’39 TARLAC : 120.49’18 15.52’45 ZAMBALES : 120.08’74 15.30’06 NUEVA ECIJA : 121.04’47 15.63’14 OF REGION III 2 LAND AREA (km.2) POPULATION ×BULACAN ×PAMPANGA ×NUEVA ECIJA ×TARLAC ×ZAMBALES ×BATAAN ×AURORA TOTAL - 2,234,088 1,882,730 1,659,883 1,068,783 627,802 557,659 173,797 8,204,742 ×NUEVA ECIJA ×ZAMBALES ×AURORA ×TARLAC ×BULACAN ×PAMPANGA ×BATAAN TOTAL - 5.284.3 3,714.4 3,239.5 3,053.5 2,625.0 2,180.7 1,373.0 18,230.8 Environmental management as strategy for sustainable development requires the understanding of 3 things; environmental management × natural processes (both physical and biological ) that operate in the world ×role that technology plays in our society and its capacity to alter natural processes as well as solve problems caused by human impact ×complex social processes that characterize human populations 3 1976 1987 Constitution National Pollution Control Law ( P.D. 984 ) – ( Article II,Section 16 )- “The State should protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature - carried out by then National Pollution Control Commission ( NPCC ) 1978 Philippine Environment Management Statement ( EIS ) System ( P.D. 1586 ) - carried out by then National Environmental Protection Council ( NEPC ) MANDATE The EMB is the primary government agency under the Department of Environment and Natural Resources (DENR) mandated to formulate, integrate, coordinate, supervise and implement all policies, plans, programs, projects and activities relative to the prevention and control of pollution as well as the management and enhancement of the environment. 1987- Executive Order No. 192 - Reorganization of the DENR ,NPCC, NEPC and the Environmental Center of the Philippines- merged EMB In January 2000, the EMB was converted into a line bureau from being a staff bureau of the DENR and the EMB Regional Offices were established. Section 34 of the Phil. Clean Air Act of 1999 (RA 8749) and Section 2, Rule XLIV of DENR AO No. 2000-81, led to the conversion of EMB into a line bureau of the DENR. Consequently, the Environmental Management and Protected Areas Service (EMPAS) of the DENR regional office was converted into EMB Regional Offices in January 2000. 4 GENERAL OBJECTIVE To properly manage and protect the environment in order to attain sustainable development while recognizing the primary responsibility of local government units, non-government agencies, private and business organizations in dealing with environmental problems. SPECIFIC OBJECTIVES ×To strengthen enforcement capability to handle violation of the laws, rules, regulations and policies for the protection of the environment and promote the sustainable use of environmental resources. ×Promote public information and education to encourage participation of an informed citizenry in environmental quality planning and monitoring. SPECIFIC OBJECTIVES ×To formulate, review and update environmental policies, programs and projects on environmental management and pollution control. ×To establish and enforce environmental quality standards such as the quality standards for water, air, land and noise for the protection and sustainable use of natural resources consistent with the national environmental goals and enforcement at the local government units. SPECIFIC OBJECTIVES To develop and implement Pollution Research and Development Program in support of the ff: a. Environmental criteria and standards formulation b. Environmental monitoring and compliance monitoring c. Study of existing and potential environmental problems & issues 5 SPECIFIC OBJECTIVES To strengthen the enforcement & implementation of major Environmental Laws. a. Presidential Decree 984 (Pollution Control Law) b. Presidential Decree 1586 (The Environmental Impact Statement System Law) c. Republic Act 6969 ( Toxic Substances and Hazardous and Nuclear Wastes Control Act ) d. Republic Act 8749 (Phil. Clean Air Act of 1999) e. Republic Act 9003 (Ecological Solid Waste Management Act) f. Republic Act 9275 (Phil. Clean Water Act of 2004) LEGAL FRAMEWORK Other Related Laws to Water Quality Management PD 600: Marine Pollution Law ×Establishing the National Operations Center for Oil Pollution (NOCOP) under the Philippine Coast Guard (PCG) PD 1067: Water Code of the Philippines ×Establishing the National Water Resources Board (NWRB) ×Adopts adequate measures to conserve and regulate the use of water in commercial, industrial & residential areas. ×Provides other policy guidelines on water quality and management of water resources LEGAL FRAMEWORK Presidential Decree 984:Pollution Control Law of 1976 Provides for the Revisions of RA 3931 (1964) to strengthen the role of the National Pollution Control Commission (NPCC) as the sole primary Agency responsible for the prevention, control and abatement of air, land, water & noise pollution. Executive Order No. 192: Creating the Department of Environment and Natural Resources (DENR) [1987] DENR is recognized as the primary Agency responsible for enforcing Environmental Laws. It absorbed the powers and functions of NPCC and NEPC now discharged by the EMB. Implementing Rules and Regulations (IRR) of PD 984 ÖDAO 90-34: Revised water usage and classification Water Quality Criteria Amending Section Nos. 68 and 69, Chapter III of the 1978 NPCC Rules and Regulations ÖDAO 90-35: Revised Effluent Regulations of 1990, Revising and Amending the Effluent Regulations of 1982 ÖAmbient Noise Quality Standards 6 DAO # 34 Water Quality Criteria Water Usage and Classification Republic Act 9275: Fresh Surface Waters (rivers, lakes, reservoirs, etc.,) × Coastal and Marine Waters × Salient Features I. Declaration of Policies II. Coverage III. Conceptual Framework IV. Water quality Management System V. Prohibited Acts; Penalties VI. Funding Mechanism VII. Institutional Linkages The Philippine Clean Water Act of 2004 DECLARATION OF POLICIES Sustainable Development Framework × Holistic National Program × Integrated WQ Framework thru proper delegation, effective coordination of functions × Self regulation among industries thru’ MBIs × Focus on pollution prevention × System of accountability of adverse environmental impacts × Streamline procedures and processes 7 Prohibited Acts Prohibited Acts 1. Depositing material of any kind w/c could cause water pollution 2. Discharging, injecting or allowing to seep into the earth any substance that would pollute groundwater 3. Operating facilities that discharge regulated water pollutants without the valid required permits 4. Non-compliance of LGU with the WQM Action Plan 5. Direct use of booster pumps in the distribution system or tampering with the water supply INDICATORS OF THE SOLID WASTE SITUATION IN THE PHILIPPINES Republic Act 9003: The Ecological Solid Waste Management Act of 2000 Per capita generation Generated by households Annual growth rate Toxic & hazardous wastes generated by industrial/commercial sector Hazardous & infectious wastes hospitals Collection rate: Urban Rural Percentage of waste recycled & reused Percentage of waste recycled & sold No. of disposal sites: Landfills Closed landfills Controlled dumps Industrial waste incinerators Identified open dumps Identified composting facilities Identified recycling facilities .3-.7 kg/day 10M tons/yr 2.5 M 4.50% 2.4M tons/yr 6,750 tons/yr 70% 40% 3,173 73% 12% 5% 1 2 17 13 226 31 10 5 8 FACTORS THAT CONTRIBUTE TO THE SOLID WASTE PROBLEM INDICATORS OF THE SOLID WASTE SITUATION IN THE PHILIPPINES INDICATOR No. of hospitals No. of hospital waste incinerators NATIONAL 18,500 43 No. of hazardous waste treatment facilities 28 Percentage of municipal solid waste disposed in landfills & controlled dumps Percentage of waste composted Percentage of hospitals w/access to incinerators Percentage of hazardous waste treated or recycled Percentage of LGU budget allotted to solid waste management 2% METRO MLA SPIRALLING POLUTION GROWTH RATES RAPID URBANIZATION 22 MUNICIPAL SOLID WASTE 10% 50% 5% 1-2% PRINCIPLES OF SOLID WASTE MANAGEMENT 1. Waste is a resource. 2.Waste prevention is better than waste regulation control. 3.An integrated solid waste management system will best achieve solid waste management goals. 4.All elements of society are fundamentally responsible for solid waste management. PUBLIC CHANGING INDIFFERENCE LIFESTYLE CONSUMPTION PATTENRS PRINCIPLES OF SOLID WASTE MANAGEMENT 5.Those who generate waste must bear the cost of its management and disposal. 6. Solid waste management should be approached within the context of resource conservation, environmental protection and health, and sustainable development. 7. Solid waste management programs should take into consideration the physical and socio-economic conditions of the concerned communities and be designed according to their specific needs 9 RA 9003 - Known as the ECOLOGICAL SOLID WASTE MANAGEMENT ACT of 2000 Consolidation of House Bill No. 10651 and Senate Bill No. 1595 - Finally approved by the House of Representatives and the Senate on Dec. 20 2000 and Dec. 12 2000 respectively. An Act providing for an ecological solid waste management program, creating the necessary institutional mechanics and incentives, declaring certain acts prohibited and providing penalties, approaching funds therefore, & other purposes. Republic Act 8749: The Philippine Clean Air Act of 1999 Introduction “A comprehensive air quality management policy and program which aims to achieve and maintain healthy air for all Filipinos” June 23, 1999 July 02, 1999 July 17, 1999 Nov. 07, 2000 Nov. 10, 2000 Nov. 25, 2000 – CAA was enacted – publication of CAA – effectivity of CAA – IRR signed (DAO 2000-81) – publication of IRR – effectivity of IRR 10 Guiding Principles Clean Air Act provides that the State shall: z protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature; z promote and protect the global environment while recognizing the primary responsibility of local government units to deal with environmental problems; Guiding Principles (continued) Clean Air Act provides that the State shall: • recognize that the responsibility of cleaning the habitat and environment is primarily area-based; • recognized that “polluters must pay”; • recognize that a clean and healthy environment is for the good of all and should therefore be the concern of all. Coverage of the Clean Air Act “All potential sources of air pollution (point, mobile and area sources) must comply with the provisions of the law. All emissions must be within the ambient air quality & emission standards.” Republic Act 6969: Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990 11 OBJECTIVES OF RA 6969 × To protect the public and the environment from the risk or potential dangers in the use or exposure to chemicals from long term damage brought about by careless handling or disposal of hazardous wastes × To regulate the use, movement and disposal of chemicals, hazardous and nuclear wastes in the Philippines Title II: Management of Chemicals and Toxic Substances Main Features: × Philippine Inventory of Chemicals and Chemical Substances (PICCS) × Pre-Manufacture and PreImportation Notification (PMPIN) × Priority Chemical List (PCL) × Chemical Control Order (CCO) 1992: THE IMPLEMENTING RULES AND REGULATIONS of RA 6969 Title II: Management of Chemicals and Toxic Substances (Sections 14 to 23) ×provides for the regulation of all chemical substances that may pose threat to public health and the environment whether through import, manufacture, sale, use, distribution, and disposal DENR Administrative Order No. 29, Series of 1992: THE IMPLEMENTING RULES AND REGULATIONS Title III: Hazardous Waste Management (Sections 24 to 31) ×provides for the regulation of all hazardous wastes from generation, transport, storage, re-use/recycling, treatment and disposal 12 CHEMICAL CONTROL ORDERS (CCOs) DA0 97-38: CCO for Mercury and its compounds ×ban, regulated and/or limited use DAO 97-39: CCO for Cyanide and its compounds ×ban, regulated and/or limited use DAO 2000-02: CCO for Asbestos ×ban, regulated/selected/limited use DAO 2000-18: CCO for Ozone Depleting Substances (ODSs) ×ban, and/or phase-out PD 1586 - The Philippine Environmental Impact Statement (EIS) System Basic DENR Policy on Philippine EIS System Implementation “to attain and maintain a rational and orderly balance between economic growth and environmental protection” Presidential Decree 1586 The Philippine Environmental Impact Statement (EIS) System LEGAL FRAMEWORK LOI 594, s.1977 – Established the Administrative System for the EIA PD 1151, s. 1977 – The Philippine Environmental Policy (declared the urgent need to formulate an intensive, integrated program on environmental protection) PD 1586, s. 1978 – The Philippine Environmental Impact Statement (EIS) System (introduced the concept of Environmentally Critical Project (ECP) and Environmentally Critical Area (ECA) 13 LEGAL FRAMEWORK LEGAL FRAMEWORK DAO 21, s.1992 – EIA Implementing Rules and Regulation ×Provides for the delineation on the review and processing of projects: ECAs – EMB Regional Office; ECPs – EMB Central Office. ×Introduced the concept of Social Acceptability and Public Participation in the EIA process DAO 37, s. 1997 – Strengthening and streamlining the EIA process, amending and revising DAO 92-21, ×Provides for the establishment of review fund, accreditation of preparers, establishment of the Environmental Guarantee Fund (EGF), Environmental Monitoring Fund (EMF) and creation of Multipartite Monitoring Team (MMT) NUMBER OF MOTOR VEHICLES REGISTERED COMPARATIVE , Jan.- June, 2003; 2004 Date of Preparation: 30 September 2004 REGION 2003 MOTOR VEHICLES REGISTERED 2004 % INC. (DEC.) I II III IV 134,677 84,724 285,679 311,338 139,157 93,819 319,318 340,652 V VI VII VIII IX X XI XII NCR C.A.R. CARAGA TOTAL 66,592 132,403 208,098 48,399 63,149 66,588 83,212 74,043 781,135 29,194 23,807 75,843 146,293 266,392 56,523 73,031 70,489 94,695 78,588 852,045 28,997 26,100 2,393,038 2,661,942 3 2 5 4 1 3.33 10.73 11.78 9.42 13.89 10.49 28.01 16.79 15.65 5.86 13.80 6.14 9.08 -0.67 9.63 11.24 Thankyou www.emb.gov.ph emb_r3@yahoo.com 14