Permit to Operate Environmental Philippines: Air and Water Permits for Industrial Facilities
A permit to operate environmental Philippines facilities need starts with DENR permits under the Clean Air Act and Clean Water Act. Here is the step-by-step path.
Industrial facilities in the Philippines do not secure a single "environmental permit to operate." Instead, the law requires separate authorizations from the Department of Environment and Natural Resources (DENR) depending on what the facility releases: a permit for air emissions under the Philippine Clean Air Act of 1999 (Republic Act No. 8749), and a permit to discharge under the Philippine Clean Water Act of 2004 (Republic Act No. 9275). The DENR is the issuing authority in both cases, and permits carry emission or effluent limits, compliance schedules, and monitoring requirements.
Which environmental permits an industrial facility needs
The permit path depends on the facility's discharges.
- Air emissions. Under Section 16 of the Clean Air Act, the DENR has the authority to issue permits as it may determine necessary for the prevention and abatement of air pollution. These permits cover emission limitations for regulated air pollutants and serve as management tools for local government units in developing their action plans.
- Wastewater discharge. Under Section 14 of the Clean Water Act, the DENR requires owners or operators of facilities that discharge regulated effluents to secure a permit to discharge. The discharge permit is the legal authorization to discharge wastewater and specifies the quantity and quality of effluent allowed, the compliance schedule, and monitoring requirements.
A facility that emits air pollutants from a stationary source and discharges wastewater generally needs both. A stationary source is defined in the Clean Air Act as any building or immobile structure, facility, or installation which emits or may emit any air pollutant.
Step-by-step: how to secure the permits
- Determine which permits apply. Identify whether the facility emits regulated air pollutants, discharges regulated effluents, or both.
- Apply with the DENR. The DENR issues air permits under Section 16 of the Clean Air Act and discharge permits under Section 14 of the Clean Water Act.
- Accept the permit conditions. The air permit will state emission limitations for regulated air pollutants. The discharge permit will state the quantity and quality of effluent allowed, plus the compliance schedule and monitoring requirements.
- Comply with monitoring. Permits carry monitoring requirements, and the DENR conducts inspections. Under the Clean Air Act, a multi-sectoral monitoring team may be convened for each local government unit to conduct periodic inspections of air pollution sources to assess compliance with the emission limitations contained in their permits.
- Pay the applicable charges. The Clean Air Act provides for an emission charge system for industrial dischargers, and the Clean Water Act establishes a wastewater charge system in all management areas.
Air permits under the Clean Air Act
Section 16 of the Clean Air Act is the core authority: the DENR "shall have the authority to issue permits as it may determine necessary for the prevention and abatement of air pollution." The permits cover emission limitations for regulated air pollutants to help attain and maintain ambient air quality standards.
The DENR also reviews and revises emission standards for stationary sources of air pollution under Section 19. Those standards are based on mass rate of emission and on internationally accepted standards, and they set the limit on the acceptable level of pollutants emitted from a stationary source.
Two related requirements are worth noting. Under Section 13, industries that install pollution control devices or retrofit existing facilities with mechanisms that reduce pollution are entitled to tax incentives such as tax credits or accelerated depreciation deductions. Under Section 18, project proponents must put up financial guarantee mechanisms, as part of the environmental management plan attached to the environmental compliance certificate, to finance emergency response, clean-up, or rehabilitation.
Discharge permits and charges under the Clean Water Act
Section 14 of the Clean Water Act requires a permit to discharge for facilities discharging regulated effluents. The permit is the legal authorization granted by the DENR to discharge wastewater.
Section 13 establishes the wastewater charge system in all management areas, including the Laguna Lake Region and Regional Industrial Centers, through the collection of wastewater charges or fees. The fee is based on the net waste load under a wastewater charge formula. Industries whose water effluent is within the standards pay only a minimal reasonable amount determined by the DENR after public consultation, taking into account the volumetric rate of discharge and the effluent concentration.
The Clean Water Act also requires the DENR to revise and publish a list of categories of industry sector for which effluent standards will be provided for each significant wastewater parameter per industry sector.
Frequently asked questions
Is there a single permit to operate for environmental compliance in the Philippines? No. Air emissions are covered by permits issued under Section 16 of the Clean Air Act, while wastewater discharges are covered by a discharge permit under Section 14 of the Clean Water Act. Many industrial facilities need both.
Who issues the permit to operate for air and water in the Philippines? The DENR. It issues air pollution permits under the Clean Air Act and discharge permits under the Clean Water Act.
What does a discharge permit contain? Under Section 14 of the Clean Water Act, the discharge permit specifies the quantity and quality of effluent the facility may discharge into a particular water body, the compliance schedule, and the monitoring requirement.
Practical takeaways
- There is no single environmental permit to operate; air and water permits are separate.
- Air permits come from Section 16 of the Clean Air Act and carry emission limitations.
- Discharge permits come from Section 14 of the Clean Water Act and state effluent quantity, quality, and monitoring requirements.
- Both laws impose charges: emission fees for industrial dischargers and wastewater charges in management areas.
- Pollution control investments may qualify for tax incentives, and financial guarantee mechanisms may be required under the environmental compliance certificate.
Primary sources
The rules discussed above are drawn from the following primary sources, as published in the Official Gazette and the national statute book.
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REPUBLIC ACT NO. 8749 - AN ACT PROVIDING FOR A COMPREHENSIVE AIR POLLUTION CONTROL POLICY AND FOR OTHER PURPOSES
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REPUBLIC ACT NO. 9275 - AN ACT PROVIDING FOR A COMPREHENSIVE WATER QUALITY MANAGEMENT AND FOR OTHER PURPOSES
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DENR DEPARTMENT ADMINISTRATIVE ORDER NO. 96-20, June 21, 1996
This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.
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