Title
DENR Chemical Control Order on Asbestos
Law
Denr Administrative Order No. 2000-02
Decision Date
Jan 6, 2000
The Department of Environment and Natural Resources establishes a Chemical Control Order to regulate the importation, manufacture, and disposal of asbestos, aiming to minimize health hazards and environmental risks associated with this known carcinogen.
chemical control
asbestos
hazardous waste

Policy, rationale, and purpose

  • This Chemical Control Order regulates asbestos use and disposal to avoid adverse consequences to human health and the environment.
  • Asbestos is a naturally occurring fibrous hydrated mineral silicate used in products for fire resistance, insulation, and related industrial purposes, including friction materials, fire proof clothing, insulation, construction materials, fire and heat shielding equipment, mechanical packings and gaskets, textiles, and other products.
  • Prolonged exposure to certain asbestos fiber varieties is linked to lung cancer, and asbestos is treated as a known human carcinogen by the International Agency for Research on Cancer.
  • The policy is to minimize hazards to human health and the environment from improper use, management, disposal, and subsequent release and exposure to harmful substances.
  • The Chemical Control Order establishes a compliance monitoring program to enforce its requirements and covenants.

Core definitions for compliance

  • “DAO 29” means the Implementing Rules and Regulations of Republic Act No. 6969.
  • “Department” means the Department of Environment and Natural Resources.
  • “Bureau” means the Environmental Management Bureau.
  • “Asbestos” means fibrous forms of mineral silicates belonging to the serpentine group: chrysotile (white asbestos), and the amphibole group: actinolite, amosite (brown asbestos, cummingtonite-grunerite), anthophyllite, crocidolite (blue asbestos) and tremolite.
  • “Friable asbestos material” means any material containing more than one percent (1%) asbestos, determined using standard polarized light microscopy techniques, that when dry can be crumbled, pulverized, or reduced to powder by hand pressure thereby releasing airborne fibers.
  • “Non-friable asbestos containing material” means any material containing more than one percent (1%) asbestos, determined using standard polarized light microscopy techniques, that when dry cannot be crumbled, pulverized, or reduced to powder by hand pressure.
  • “Importer” means any person or corporation that undertakes entry of a product or substance into the country intended for direct consumption, warehousing, or distribution to manufacturers or end users.
  • “Storage” means supply or stock reserved, put away for future use, safekeeping, or disposal.
  • “Disposal” means throwing away, destroying, or getting rid of waste materials.
  • “Manufacturer” means any person or corporation that undertakes mechanical or chemical transformation of substances into new products, performed by power-driven machines or by hand.
  • “Asbestos Containing Wastes” means process residues from manufacturing operations and consumer discards of manufactured products.
  • “Adequately wet asbestos” means sufficiently moisten or saturate friable asbestos containing materials with water to prevent possible release of asbestos fibers into the air during removal or demolition.
  • “Premises” includes any building or part of a building, tent, stall, or other structure whether permanent or temporary, land, vehicle, or ship.
  • “Equipment” includes tools, devices, furnishings, apparatus, and materials for any undertaking such as hoods, enclosures, ducts, dust suppressant, among others.

Coverage and regulated groups

  • This Chemical Control Order applies to the importation and manufacturing of asbestos.
  • This Chemical Control Order also addresses the treatment, storage, disposal of asbestos containing materials and asbestos containing wastes in the Philippines.
  • It covers the following interest groups:
    • Importers
    • Manufacturers
    • Transporters
    • Industrial facility owners/operators and contractors
    • Shipbuilders
    • Waste management service providers, including:
      • demolition contractors (haulers, transporters and disposers)
      • shipbreakers
      • owner/operator of a demolition or renovation activity

Objectives and general requirements

  • The general objective is to control and regulate asbestos use and disposal to minimize hazards to human health and the environment.
  • Specific objectives include:
    • increasing awareness on safe and responsible use of asbestos
    • developing a framework for proper management of asbestos raw material, products and wastes
    • defining requirements and procedures for importation, manufacturing, and proper treatment, storage, and disposal of asbestos
    • establishing limitation of use of certain varieties of asbestos and asbestos containing materials and products
    • establishing a compliance monitoring program to enforce the Chemical Control Order’s requirements and covenants

Registration, clearances, reporting, and records

  • Any person or entity that imports and manufactures asbestos or asbestos containing products in the Philippines must register with the Bureau.
  • Any person or entity that imports asbestos and asbestos containing products must obtain importation clearance from the Bureau.
  • Any person or entity involved in treatment, storage, demolition, transport, and disposal of asbestos and friable asbestos containing wastes must register with the Bureau.
  • Existing industrial, commercial, and institutional structures with sprayed-on asbestos and friable asbestos containing materials must register with the Bureau.
  • Any importer and manufacturer must submit an annual report to the Bureau and retain records of imports and manufactured products in accordance with this Chemical Control Order.
  • Reports and records must include, among others:
    • names and addresses of the importer and manufacturer
    • end-use category of asbestos or asbestos containing products
    • quantity of wastes produced as a result of manufacturing
    • compliance with the reporting formats issued by DENR under this Chemical Control Order
  • Records retained at the premises must be available for inspection at any time by authorized DENR-EMB personnel upon proper request.
  • Records may be inspected during emergency cases when conditions presenting a clear and present hazard to health and environment actually exists.

Use limitations and prohibitions

  • The Chemical Control Order strictly limits the use of asbestos and asbestos-containing materials and high-density products to the following:
    • Fire proof clothing
    • Roofing felts or related products
    • Asbestos cement roofing
    • Asbestos cement flat sheet
    • High temperature textiles products
    • Gaskets
    • Mechanical packing materials
    • High-grad electrical paper
    • Battery separators
    • Friction materials
    • Other high density products
  • The use of Amosite (Brown) and Crocidolite (Blue) Asbestos fibers and of products containing these fibers is strictly prohibited.
  • No spraying of all forms of asbestos in buildings is allowed.
  • No new use of asbestos is allowed.
  • Other products where new use of all forms of asbestos are prohibited include:
    • Toys
    • Pipe and boiler lagging
    • Low density jointing compounds
    • Corrugated and commercial paper
    • Untreated textiles
    • Flooring felt and covering
    • Rollboard
    • Specialty paper
    • Other low density products

Information, education, and training

  • DENR must promote industry and public awareness, in conjunction with the Association of Asbestos Industries of the Philippines, Inc., concerned government agencies, and non-government organizations, on safe and responsible use of asbestos, including ways and means and technologies.
  • Importers and manufacturers of asbestos fibers and friable asbestos containing products must inform and train transporters and users on precautionary measures in transit, use, handling, and disposal of asbestos and asbestos wastes.

Compliance monitoring and inspection

  • Compliance is monitored through:
    • review of reports or other related documents, and
    • on-site inspection by authorized personnel of DENR.

Specific operational requirements and standards

  • Annual report form and required content: The annual report must be submitted using the Asbestos Annual Report Form issued by the Bureau, and must include:
    • general information (name, address, location of importer, manufacturer and others; type of premises)
    • production and management information (quantity of bulk asbestos in kilos; type or variety of asbestos; and kind of asbestos containing products imported and/or manufactured)
    • number and category of employees that may be exposed to asbestos releases, if any
    • description of pollution control and safety devices and preventive measures used to prevent or reduce releases of asbestos to the environment
    • asbestos waste generated categorized into friable and non-friable asbestos waste materials
    • treatment, storage, and disposal information (type of treatment; storage facilities; land disposal premises; locations; methods of TSD, among others)
  • Manifest for off-site movement: Regulated premises must comply with manifest requirements under Title III of DAO 29 and those to be prescribed by the Bureau for transportation and treatment, storage, and disposal of asbestos wastes off-site.
  • Labeling requirements with timing:
    • All manufacturers, TSD facilities and premises, transporter, haulers, and disposers of asbestos-containing materials and asbestos-containing waste must comply with labeling requirements under this Chemical Control Order.
    • Visible signs must be required on all packaging for asbestos and asbestos-containing products described in the Chemical Control Order after the lapse of one (1) year from the effective date of this Order.
    • Signs must clearly mark that the product contains asbestos and disposal of friable asbestos-containing wastes is regulated under this Chemical Control Order.
  • Handling and record obligations:
    • Manufacturers of asbestos-containing products must report to the Bureau and retain records of friable asbestos-containing wastes that are:
      • stored and disposed on-site
      • transported off-site
      • treated, stored, and disposed off-site
    • Before issuance of the Bureau’s clearance and permit, importers and manufacturers must identify in detail:
      • quantity
      • methods of storage and disposal of friable asbestos-containing wastes, containers, and discarded materials generated from handling asbestos
    • Importers and manufacturers must comply with proper storage, labeling, and transport of asbestos-containing materials under this Chemical Control Order and other requirements under Titles II and III of DAO 29, including standards adopted by the Department of Transportation and Communication regarding transport and shipping.
    • Removal and ultimate disposal of friable and non-friable asbestos that has become friable in any industrial and commercial activities must be limited to persons accredited by the Bureau to handle these materials subject to Occupational Safety and Health standards.
  • Manufacturing standards:
    • Engineering and dust control, preventive measures, work practices, and housekeeping programs must be provided to ensure safety.
    • Workers must be provided with appropriate respiratory protective equipment and must be well-informed on possible exposure to asbestos.
    • No visible emissions to the outside air are permitted from any manufacturing operations.
    • Air monitoring must not exceed 2 fibers per cubic centimeter of air as an eight-hour time weighted average using Light Microscopy or an equivalent reference method.
    • Regular inspections of each potential source of emissions must be conducted at least once a week during daylight hours, including air cleaning devices and ventilation systems, for emissions to the outside air.
  • Renovation, removal, and demolition requirements:
    • The duly authorized owner or operator of a renovation or demolition activity must thoroughly inspect and assess the facility or part where the activity will occur to verify presence of friable asbestos-containing or non-friable asbestos-containing materials that have become friable before commencement of the activity.
    • Each person or entity undertaking demolition, removal, or renovation must provide the Bureau with the following information:
      • a written notice of intention to demolish or renovate at least 30 days before activity begins on the project that will disturb asbestos material and may cause unwarranted releases of asbestos fibers
      • name, address, and telephone number of premises owner; premises operator; renovation/removal/demolition contractor; and the location of the premises to be demolished or renovated
      • the transporter and the disposal facility to be used for removed, renovated, or demolished material
      • an estimate of the amount of friable asbestos-containing materials in linear meters of pipe, square meters of surface area, and cubic feet of facility components
      • schedule of start and completion dates
      • description of planned work and methods, including controls and measures to comply with this Chemical Control Order
      • name and location of the disposal site for friable asbestos-containing wastes
    • Friable asbestos and non-friable asbestos containing materials that have become friable must be removed prior to other renovation and demolition activities.
    • Friable asbestos-containing materials exposed during removal or demolition must be adequately wet; if wetting presents a safety hazard or damages equipment, an exemption must be requested from the Bureau.
    • If other emission control devices are used to ensure no emissions of asbestos, wetting is not required.
    • Air monitoring must be conducted during and after demolition to ensure asbestos levels are within the Permissible Exposure Limit (PEL) of 2 fibers per cubic centimeter of air as an eight-hour time weighted average.
  • Storage requirements:
    • On the ground level, asbestos must be managed to ensure proper storage and prevent fiber releases.
    • Fibers must be placed in heavy duty polyethylene bags approximately 0.2 mm. thick or other approved containers.
  • Disposal requirements:
    • All friable asbestos and friable asbestos-containing wastes must be placed in a special waste disposal site whose plans and specifications follow DENR standards and criteria.
    • During disposal operations, there must be no visible emissions of asbestos fibers.
    • Disposal materials must be transported and handled according to the Chemical Control Order’s handling requirements.
    • After placement in the disposal site at the end of each operating day, the asbestos-containing waste must be covered with at least 15 centimeters of compacted non-asbestos-containing material or dust suppression agent that effectively binds dust and controls emissions from wind erosion.
    • Waste disposal premises and facilities must maintain records of all shipments received including:
      • name and address of the waste generator
      • name and address of the transporter
      • quantity of asbestos-containing waste material in cubic meters
      • date of receipt
    • Shipment records must be submitted to the Bureau as part of the annual report due March 31 of the following year.
    • Owners/operators of on-site landfill sites must submit an abandonment plan as part of the plans and specifications, for approval and registration with the Bureau.
    • Non-friable asbestos-containing waste materials can be disposed of in any authorized municipal or industrial landfills.

Revision, penalties, and effectivity

  • DENR may amend, modify, and/or supplement the requirements and standards through prior consultation with stakeholders and proper public notice and hearing.
  • Violations of requirements under this Chemical Control Order subject responsible persons to administrative and criminal sanctions under Title V, Chapter XI, Sections 41 and 42 of DAO 29 (Series of 1992).
  • Effectivity: The Chemical Control Order takes effect six (6) months after formal publication in the Official Gazette and in two (2) newspapers of general circulation.
  • Adoption and approval:
    • Adopted: 06 Jan. 2000
    • ANTONIO H. CERILLES, Secretary (signed).

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