Legal basis and governmental pollution program
- The issuance is anchored on the government’s pollution control program.
- Letter of Instructions No. 551 operationalizes the anti-pollution requirements connected to Presidential Decree No. 1152 (Philippine Environment Code).
- The implementation is assigned to the NPCC, transport regulators under the Land Transportation Commission, and law enforcement agencies under the Chief of Constabulary.
Policy goals for anti-pollution compliance
- Letter of Instructions No. 551 mandates compliance with anti-pollution measures for vehicles and factories.
- The issuance requires prompt government enforcement against sources of pollution that create public nuisance conditions and violate device installation requirements.
- The issuance emphasizes immediate action on citizen reports to support the aims of the government’s anti-pollution policy.
Vehicle anti-pollution device requirements
- Public utility and government vehicles must install anti-pollution devices within three (3) months from the effectivity of Presidential Decree No. 1152 (Philippine Environment Code).
- Privately owned vehicles must install anti-pollution devices within one (1) year from June 6, 1977 (the issuance date of the Code).
- Any effective anti-pollution device in the open market is sufficient for compliance.
- Anti-pollution device compliance timelines are enforced through law enforcement action after the applicable deadlines.
Law enforcement actions against emitting vehicles
- Law enforcement agencies must apprehend vehicles emitting visibly black smoke after the deadline applicable to vehicle installation.
- Apprehended vehicles emitting visibly black smoke must be immediately grounded after the trip during which they were apprehended to avoid inconveniencing passengers.
- Grounding remains in effect until the deficiency shall have been corrected (i.e., until the vehicle’s anti-pollution deficiency is remedied).
- Enforcement focus includes black smoke emissions and compliance with the post-deadline device requirements.
Factory nuisance control and NPCC intervention
- Factories that are nuisances per se due to noise, discharging effluents into rivers and bodies of water, or oppressive odor caused by wastes or by-products must submit plans to the NPCC for the installation of effective anti-pollution devices.
- Such plans must be submitted within one month.
- The NPCC must list these factories and must submit the list to the President within one month.
- The factories must be closed within one month after submission of the list by the NPCC unless they obtain NPCC certification.
- Closure does not apply if the factory obtains from the NPCC a certification that an adequate anti-pollution device has been installed and demonstrated in actual examination to have abated the noise, effluent discharge, or oppressive odor that constitutes the nuisance.
Citizen reporting and NPCC duties
- All citizens are urged to report vehicles, factories, and sites that are nuisances per se.
- Reportable nuisances include: emitting visibly black smoke, creating noise, discharging effluents, or yielding oppressive odor, combined with having no anti-pollution device to eliminate those characteristics.
- The NPCC is directed to take immediate action on citizen reports.
- NPCC action on reports must be carried out in keeping with the aims of the government’s anti-pollution policy.
Administrative implementation by named offices
- The NPCC Commissioner must implement the anti-pollution program directives and administer the factory submission, listing, and certification process.
- The Land Transportation Commission Commissioner is directed to implement the vehicle anti-pollution compliance measures within the transport enforcement and regulatory sphere.
- The Chief of Constabulary and all law enforcement agencies are directed to enforce apprehension and grounding rules against vehicles emitting visibly black smoke after the relevant deadlines.
- All directed offices must implement the measures without delay as part of the national pollution control program.