NOT all laws in the country prohibit the use of waste-to-energy (WtE) technologies, Environment Secretary Raphael P.M. Lotilla said on Tuesday, as the government looks for alternative ways of garbage disposal in Metro Manila.
The Department of Energy (DOE) and the Metro Manila Development Authority (MMDA) recently signed an agreement to engage in WtE projects to ease the growing volume of garbage in the National Capital Region, including its dependence on landfills.
WtE involves processing non-recyclable waste materials into usable heat, electricity, or fuel through various thermal and biological methods. The most common approach is incineration, where waste is burned to create steam for electricity generation.
Other methods include gasification and pyrolysis, which convert waste into synthetic gas or fuel.
“Unfortunately, over the decades, one interpretation [is that] our present laws — the Clean Air Act, as well as the Solid Waste Management Act — prohibit incineration or other waste-to-energy alternatives,” Lotilla said.
The Supreme Court has made it clear that only “polluting incineration,” or burning procedures that emit poisonous and toxic fumes, is prohibited, Lotilla clarified. “It is not a case where the technology itself is banned.“
Newer technologies have been developed since the signing of Republic Act 9003, or the Ecological Solid Waste Management Act, in 2001, Lotilla noted, saying that these innovations can meet the standards of the country’s environmental laws.
Former president and current Pampanga 2nd District Rep. Gloria Macapagal Arroyo is introducing proposed legislation amending legal provisions on WtE technologies that would meet the country’s emission standards, Lotilla said.
Early on Tuesday, Arroyo spoke at the Department of Environment and Natural Resources (DENR), which was celebrating the 25th anniversary of the Ecological Solid Waste Management Act of 2000. Arroyo signed it into law in 2001.
Green energy auctions
The DOE is in the process of planning green energy auctions for WtE projects, Lotilla said.
The Bases Conversion and Development Authority, Lotilla noted, has entered into a public-private partnership on the development of a WtE plant in New Clark City in Tarlac.
One of the challenges in establishing WtE systems in the country is the limited three-year terms of officials of local government units (LGUs). Since the officials have fixed tenures, they cannot enter into projects with 10-, 15-, or 25-year contract, Lotilla said, noting that WtE companies need to recover their investment via long-term agreements.
As a possible solution, Lotilla said the DENR is working with the Department of Finance on a mechanism that would allow the national government and LGUs to offer a counter-guarantee to ensure the continuous operation of WtE plants when they are allowed to operate in the country.
