Policy clarification on incineration ban
- Section 20 of Republic Act No. 8749 prohibits incineration for treating municipal, bio-medical, and hazardous wastes when the process emits poisonous and toxic fumes.
- Section 5t of Republic Act No. 8749 defines poisonous and toxic fumes as emissions and fumes beyond internationally accepted standards, including World Health Organization (WHO) guideline values.
- The Supreme Court in MMDA v. Jancom Environmental Corporation, G.R. No. 147465 (January 30, 2002) holds that Section 20 does not absolutely prohibit incineration and instead bans only burning processes that emit poisonous and toxic fumes.
- The circular clarifies that incineration bans under Section 20 are not a blanket prohibition on incineration as a waste disposal mode, but a prohibition targeted at emission of poisonous and toxic fumes.
Coverage and what incineration is allowed
- The circular allows the operation of thermal treatment technology, whether burn or non-burn as defined in DENR Administrative Order No. 2000-81, when it meets the emission standard for stationary sources listed in Section 19 of Republic Act No. 8749.
- The circular requires that operators comply with all other relevant provisions of Republic Act No. 8749 and other applicable laws of the Republic.
- The circular limits its covered subject matter because DENR’s office lacks sufficient capability to monitor emissions from municipal solid waste incineration.
- The circular covers only incineration of toxic and hazardous wastes and medical and bio-medical wastes.
Waste categories referenced for compliance
- Toxic and hazardous wastes are the wastes defined in Republic Act No. 6969.
- Medical and bio-medical wastes are the wastes indicated in Republic Act No. 8749 and its implementing rules and regulations under DENR Administrative Order No. 2000-81 (Series of 2000).
- Incineration covered by the circular is restricted to the above categories of wastes.
Facility and emission standards requirement
- Incineration is allowed only in state-of-the-art facilities that are proven to emit minimal air pollutants.
- The pollutant concentrations from such facilities must meet the standards provided under Republic Act No. 8749 and its implementing rules and regulations.
- Compliance with the emission standard for stationary sources under Section 19 of Republic Act No. 8749 is required for the allowed thermal treatment technologies.
Implementation responsibilities and guidelines
- The Environmental Management Bureau (EMB) shall issue the appropriate technical and procedural guidelines needed to facilitate implementation of the circular.