Title
Amendment of DENR DAO 2000-81 Rule XIX on Air Pollution Permits
Law
Denr Department Administrative Order No. 2004-26
Decision Date
Aug 25, 2004
DENR Administrative Order No. 26-04 amends Rule XIX of DENR Administrative Order No. 2000-81, removing the "Authority to Construct" requirement and encouraging consultation with DENR-EMB regarding plans and specifications of facilities to comply with air quality regulations.

Permit to Operate Requirement

  • All air pollution sources must have a valid Permit to Operate issued by DENR-EMB Regional Director.

Application Filing Fees

  • Fees payable upon filing for:
    • Permit to Operate
    • Transfer of Permit due to location or permittee change
    • Revision involving alteration or replacement
    • Renewal of expired permit
    • Other permit-related applications
  • No refunds for denied applications.

Permit to Operate Application Procedure

  • Application required for each source or grouped sources if requirements met.
  • Must be filed in triplicate with official receipt.
  • Include:
    • Engineering report with plant and emission details
    • Certified plans and specifications by relevant engineers
    • Air quality impact analysis using approved models
    • Vicinity map with location details
  • Permit conditions based on operating capacity at testing.

Application Review and Public Participation

  • DENR-EMB has 25 days to approve or deny application.
  • Denial possible for incomplete submissions.
  • 15-day period for petition for reconsideration after denial.
  • Applications open for public review and opposition.
  • Bureau may hold public hearing.

Temporary Permit to Operate

  • Issued for sampling/testing new facilities, valid max 90 days.
  • Issuance contingent on pending regular permit application.
  • Regular permit issued upon compliance demonstration.

Permit Validity and Renewal

  • Valid for 5 years unless suspended or revoked.
  • Renewal application must be filed 30 days before expiration with fees.
  • Permit acceptance includes compliance with all conditions and regulatory requirements.

Modification of Permits

  • DENR-EMB may modify permits for:
    • Technological advancements improving emissions
    • Higher pollution control needs
    • Environmental or area status changes
    • Legal/regulatory requirements
  • Permittee given reasonable time to comply.

Suspension and Revocation Grounds

  • Valid grounds include:
    • Non-compliance with law, rules, or permit conditions
    • False/inaccurate application or monitoring data
    • Refusal of lawful inspections
    • Non-payment of fees
    • Other valid reasons after due process

Permit Posting

  • Permits must be displayed visibly and accessibly at installation.
  • Unauthorized alteration or falsification prohibited.

Permit Transfer

  • Permittee must notify DENR-EMB within 30 days of sale/transfer.
  • Transferee must apply for permit transfer within 10 days of notification.
  • Permittee remains liable for violations until transfer.

Operations and Breakdown Reporting

  • Permittee or pollution control officer must notify DENR-EMB within 24 hours of breakdown affecting compliance.
  • Information on cause, corrective steps, repair plans, and estimated duration required.
  • Notification required when operations resume.
  • Possible fines or penalties apply.

Monitoring and Reporting Requirements

  • Records of operational data and control tests must be maintained.
  • Quarterly reports to DENR-EMB required.
  • Permits contain source-specific monitoring/reporting provisions.
  • Sample results may need correction to standard operating conditions.

Continuing Force of Other Regulations

  • All other provisions of DAO 2000-81 remain effective.
  • This amendment effective 15 days after publication.

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster—building context before diving into full texts.