 |
ALVAREZ ASSAILS DENR’S ‘DANGEROUS INNACURACIES’ IN THE IMPLEMENTATION OF THE CLEAN AIR ACT
December 15, 2003
The implementation of Republic Act 8749 or the Clean Air Act suffered not only serious technical but also hazardous setbacks because of ‘dangerous inaccuracies’ committed by the Department of Environment and Natural Resources (DENR) when it ‘relaxed indefinitely’ the emission standards for motor vehicles that Congress has set to address air pollution.
This was according to former Senator and Environment Secretary Heherson T. Alvarez who questioned the statements made by DENR officials last week to justify DENR Administrative Order No. 2003-51 it issued in October 2003.
“At a point when we are addressing so many concerns especially those directly affecting the poor like air pollution, this Department failed to be the guardian of the environment. The DENR must be responsive to the needs of the people,” he stressed.
DAO 51 lowered the allowed carbon monoxide emission of in-use vehicles for registration on or after Jan. 1, 2003 to only 3.5% by volume from the original 0.5 set by the Clean Air Act.
Alvarez, who authored the first bills on RA 8749 in the Senate and subsequently co-authored the law in the House of Representatives, branded this as a clear violation of the Clean Air Act and a failure of the DENR to implement its mandate.
The DENR insists that the 3.5% is based on Euro I levels—globally accepted emission standards that are based on the fuel injection catalytic converter system of present day cars, with oxygen sensors that reduce toxic exhaust gases.
But Alvarez points out that this level is pre-Euro I and that the original 0.5% in the Act is the correct Euro 1 level being implemented in Europe and most countries in the world, including Asia—Hongkong, Malaysia, Singapore, Thailand and Vietnam.
The Clean Air Act clearly mandates in Sec. 21 that the emission standards beginning 2003 shall be based on the Consolidated Emissions Directive “91/441/EEC,” which was adopted by the UN Economic Council for Europe as ECE Regulation 83.
Alvarez clarifies that “91/441/EEC,” the standard adopted by the Council of Ministers of the European Community on June 26, 1991, is in fact the mother document that sets the Euro I levels. Simply put, “91/441/EEC” is exactly the “Euro I level” that the Clean Air Act has adopted beginning 2003.
“By so doing, it adopted not only exhaust emission standards but also durability testing, limits for vehicle evaporative emissions, and, effectively required that catalysts and carbon canisters are fitted to all new gasoline vehicles to ensure that there will be significant reduction of pollution from mobile sources,” he said.
In particular, the maximum concentration of CO permitted for an in-use vehicle to pass the prescribed emission test procedure is 0.5% by volume. A new vehicle tested for type approval must emit a maximum of 2.72 g/km of CO. For conformity of production, the CO standard is 3.16 g.km because of a leeway for deterioration.
From the Act’s passage in 1991 to December 31, 2002, transition standards were allowed in consideration of adjustments in fuel specifications, automotive emissions technology, and other preparations that would be required before full implementation in Jan. 1, 2003.
“The DENR cannot amend provisions of the law because only Congress has that exclusive power. The Department’s mandate is to improve air quality and protect the environment. It went against its mandate when it signed DAO 51. And worse, they relaxed the emission standards indefinitely, setting our anti-air pollution program several steps backwards,” he said.
|
|
|
