QuestionsQuestions (DENR MEMORANDUM CIRCULAR NO. 2002-05)
Section 20 prohibits incineration for treating municipal, bio-medical, and hazardous wastes when the burning process emits poisonous and toxic fumes.
RA 8749 defines poisonous and toxic fumes as emissions and fumes beyond internationally accepted standards, including (but not limited to) World Health Organization (WHO) guideline values.
The Supreme Court held that Section 20 does not absolutely prohibit incineration; only incineration processes that emit poisonous and toxic fumes are banned.
No. The Circular clarifies that thermal treatment technologies (burn or non-burn as defined in DAO 2000-81) may be allowed if they meet the emission standards for stationary sources under RA 8749 and comply with other relevant requirements.
It must meet the emission standard for stationary sources as listed in Section 19 of RA 8749.
“Poisonous and toxic fumes” refers to emissions beyond those internationally accepted standards; thus, whether emissions exceed WHO/international guidelines determines if the incineration is covered by the ban.
It temporarily covers only the incineration of toxic and hazardous wastes, and medical/bio-medical wastes, due to limited current monitoring capabilities for municipal solid waste incineration.
DENR stated it had insufficient capabilities for monitoring emissions from municipal solid waste incineration, including lack of personnel, equipment, and infrastructure.
Toxic and hazardous wastes are those defined in RA 6969.
Medical and bio-medical wastes are those indicated in RA 8749 and its implementing rules and regulations (DENR Administrative Order No. 2000-81, Series of 2000).
Incineration must be in state-of-the-art facilities proven to emit minimal air pollutants with concentrations meeting RA 8749 and its implementing rules.
Facilities using advanced/modern thermal treatment systems that can be proven to emit minimal air pollutants and meet RA 8749 emission standards under required monitoring.
It references DAO 2000-81’s definitions of thermal treatment technologies, including both burn and non-burn processes.
You would determine whether the process emits poisonous and toxic fumes (i.e., beyond internationally accepted standards/WHO guidelines) and whether emissions comply with RA 8749 stationary source standards under Section 19; if compliant and for the covered waste types, and in state-of-the-art facilities, the facility may be allowed.
Section 5 defines what counts as poisonous and toxic fumes; Section 20 then bans incineration processes that produce such defined emissions for specified waste types.
No. The Circular states the restriction is “in the meantime” due to insufficient monitoring capabilities; it indicates temporary coverage, not a permanent prohibition.