DENR Rules for RA 6969 Implementation

Legal policy, purpose, and construction

The policy is to regulate, restrict, or prohibit the importation, manufacture, processing, sale, distribution, use, and disposal of chemical substances and mixtures that present unreasonable risk and/or injury to health or the environment (Section 2).
The policy is to prohibit the entry, even in transit, of hazardous and nuclear wastes and to prohibit their disposal into Philippine territorial limits for whatever purpose (Section 2).
The policy includes advancing and facilitating research and studies on toxic chemicals and hazardous and nuclear wastes (Section 2).
The rules must be liberally construed to carry out the national policy on regulating, restricting, or prohibiting toxic substances, prohibiting transit entry of hazardous and nuclear wastes, and enabling research and studies (Section 4).

Scope and regulated activities covered

The rules cover importation, manufacture, processing, handling, storage, transportation, sale, distribution, use, and disposal of all unregulated chemical substances and mixtures in the Philippines (Section 3).
The rules cover the entry even in transit of regulated activities involving chemical substances and mixtures that fall within the framework of the rules (Section 3).
The rules cover the keeping or storage and disposal of hazardous and nuclear wastes into the country for whatever purpose (Section 3).
DENR administers and enforces the rules through the Secretary, duly authorized representatives, and other government instrumentalities for assistance when needed (Section 5).

Key definitions established

CAS means Chemical Abstracts Service, an internationally adopted uniquely identifying number used to generate toxicological information from a computer base (Section 6(1)).
Chemical Substance means any organic or inorganic substance of a particular molecular identity excluding radioactive materials, and includes any element or uncombined chemical and any combination or mixture of two or more chemical substances (Section 6(2)).
Chemical mixture means a combination of two or more chemical substances not occurring in nature and not, in whole or in the past, the result of a chemical reaction, and including nonbiodegradable mixtures (Section 6(3)).
Department means the Department of Environment and Natural Resources (Section 6(4)).
Environmental Protection Officer means an officer appointed or deputized by the Secretary to execute the rules subject to conditions, limitations, or restrictions prescribed by the Secretary (Section 6(5)).
Hazardous substances are substances presenting:
- short-term acute hazards such as acute toxicity by ingestion, inhalation, or skin absorption, corrosivity or other skin/eye contact hazard, or the risk of fire or explosion; or
- long-term environmental hazards including chronic toxicity upon repeated exposure, carcinogenicity, resistance to detoxification process such as biodegradation, potential to pollute underground or surface waters, or aesthetically objectionable properties such as offensive odors (Section 6(6)).
Hazardous wastes are substances without any safe commercial, industrial, agricultural, or economic usage that are shipped or transported from the country of origin for dumping or disposal into or in transit through any part of the Philippines (Section 6(7)).
Hazardous wastes also include by-products, side-product process residues, spent reaction media, contaminated plant/equipment or other substances from manufacturing operations, and consumer discards that present unreasonable risk and/or injury to health and safety and to the environment (Section 6(7)).
Importation means the entry of a product or substance into the Philippines through seaports or airports of entry after being properly cleared through or still remaining under customs control, intended for direct consumption, merchandising, warehousing, or for further processing (Section 6(8)).
New Chemicals mean chemical substances imported into or manufactured in the country after December 31, 1993 and not included in the Philippine Inventory of Chemicals and Chemical Substances as published by DENR (Section 6(10)).
Nuclear wastes are hazardous wastes made radioactive by exposure to radiation incidental to the production or utilization of nuclear fuels, excluding nuclear fuel or radioisotopes usable for scientific, medical, agricultural, commercial, or industrial purpose (Section 6(11)).
Manufacture means mechanical or chemical transformation into new products, whether performed by power-driven machines or by hand, in a factory or in a worker’s home, and whether sold wholesale or retail (Section 6(12)).
Occupier is one who must have a license to accept, produce, generate, store, treat, recycle, reprocess, process, manufacture, or dispose of hazardous waste (Section 6(13)).
Permit means legal authorization to engage in specified toxic chemical and hazardous waste activities and hazardous material importation or exportation (Section 6(14)).
Person/persons includes any being, natural or juridical, susceptible of rights and obligations or the subject of legal relations (Section 6(15)).
Pollution means alteration of physical, chemical, biological properties of water, air, and/or land resources of the Philippines or discharge thereinto of waste, or unnecessary noise, or emission of objectionable odor likely to create or render resources harmful or injurious to public health, safety, or welfare, or adversely affect their utilization (Section 6(16)).
Premises includes buildings/tents/stalls/land/vehicles/boats or ships (Section 6(17)).
Process means preparation of a chemical substance or mixture after its manufacture for commercial distribution, either in the same or different form/physical state or as part of an article containing the substance/mixture (Section 6(18)).
Secretary means the DENR Secretary (Section 6(19)).
Transport includes conveyance by air, water, and land (Section 6(20)).
Waste generator means a person who generates hazardous wastes through commercial, industrial, or trade activities (Section 6(21)).
Waste transporter means a person licensed to transport hazardous wastes (Section 6(22)).
Waste treater means a person licensed to treat, store, recycle, or dispose of hazardous wastes (Section 6(23)).
Unreasonable risk means an expected high frequency of undesirable effects or adverse responses from a given exposure to a substance (Section 6(24)).

DENR and officer powers, functions, duties

DENR must:
- keep an updated inventory of chemicals, including uses, quantity, test data, names of firms, and other relevant information (Section 7(a));
- require testing of chemicals/mixtures presenting unreasonable risk or injury before first manufacture or import (Section 7(b));
- require testing of chemicals/mixtures already manufactured/processed when there is reason to believe they pose unreasonable risk/injury (Section 7(c));
- evaluate tested characteristics to determine toxicity and extent of effects (Section 7(d));
- enter contracts and make grants for research, development, and monitoring (Section 7(e));
- conduct inspections of establishments manufacturing/processing/storing/holding chemicals and recommend to proper authorities (Section 7(f));
- confiscate or impound chemicals not falling within standards, with injunction restriction only after impoundment (Section 7(g));
- monitor and prevent entry, even in transit, of hazardous and nuclear wastes and their disposal (Section 7(h));
- subpoena witnesses and documents and require other information (Section 7(i));
- disseminate information and conduct educational awareness (Section 7(k));
- perform other necessary functions under Republic Act No. 6969 (Section 7(l));
- require assistance from other government instrumentalities (Section 7(j)).
The Secretary may appoint or deputize officers subject to conditions and may delegate defined powers, including inspection, detainment/removal for inspection, monitoring transit entry, and subpoena powers (Section 8(1)–(2)).
The Secretary may, by notice, amend or revoke delegated authorities and amend the appointment of an Environmental Protection Officer (Section 8(3)).
An Environmental Protection Officer must:
- conduct necessary examinations/inquiries for compliance (Section 9(a));
- enter premises he reasonably believes involve chemicals/hazardous wastes and require the occupier/person in charge to provide samples for examination/testing; require document production; inspect/extract/copy/remove documents for copying/extraction; and take necessary photographs or recordings (Section 9(b));
- stop, detain, inspect, examine, and remove any vehicle/boat likely to transport chemicals/hazardous wastes without the necessary permit (Section 9(c));
- require a person committing an offense to state full name and address (Section 9(d));
- perform other duties authorized by the Secretary (Section 9(e)).

Administrative procedures and technical advisory council

DENR must investigate alleged violations of Republic Act No. 6969 and these rules upon receipt of a report from an authorized inspector or a verified complaint from a private person (Section 10).
If a violation appears after investigation, DENR issues summons informing respondents of the nature of charges and requiring appearance for a conference on whether an order for confiscation/impoundment/fine should issue (Section 10).
DENR may issue an Ex-Parte Order of confiscation or impoundment when there is prima facie evidence that the violation presents unreasonable risk and/or injury to health or the environment (Section 11).
A respondent may file a Motion for Reconsideration within ten (10) days from the date of confiscation or impoundment (Section 11).
The Motion for Reconsideration must be resolved within fifteen (15) days from receipt of the motion (Section 11).
The Inter-Agency Technical Advisory Council is chaired by the DENR Secretary and includes the Secretaries of Health, Trade and Industry, Science and Technology, National Defense, Foreign Affairs, Labor and Employment, Finance, Agriculture, and the Director of the Philippine Nuclear Research Institute, plus a non-governmental organization representative appointed by the President for a term of three (3) years (Section 12).
The Council must assist DENR in formulating rules for effective implementation, assist in preparing and updating the inventory, conduct preliminary evaluation of toxicity/effects and recommend actions, and perform other duties as required by the Secretary (Section 13(a)–(d)).

Chemical inventory, new chemicals, and control orders

DENR must cause the keeping, updating, compilation, and maintenance of a chemical substances inventory covering substances stored, imported, exported, used, processed, manufactured, or transported, and must release an updated listing containing chemical substance name and CAS number (Section 14(1)–(3)).
Pre-manufacturing and pre-importation data requirements for nominations and notifications must cover the chemical’s proper name, trade names, structure, CAS number, and (if applicable) RTECS number, UN number, UN class/subsidiary risk category, physical characteristics (if applicable), chemical properties (if applicable), toxicological data (if applicable), recommended time weighted exposure average (eight hour working day), flash point, explosive limits (if applicable), stability/incompatibilities, carcinogenic/teratogenic/mutagenic properties, nominating person name/address, and anticipated annual volume in cubic meters or weight in tones (Section 15(1)–(2)).
Data documents containing the above information are considered public documents (Section 15(3)).
Existing chemicals are covered through a nomination regime until 31 December 1993, requiring submission for inclusion in the Philippine Inventory of Chemicals and Chemical Substances (Section 16(1)).
A nomination of existing chemicals must include minimum data: chemical name, trade name(s), chemical structure, CAS number, anticipated volume in cubic meters or weight in tones per annum, and nominating person name/address (Section 16(2)).
Chemical substances included in the inventory are regarded as existing chemicals and exempted from the provisions of Section 17 (Section 16(3)).
DENR must not accept further nominations under the existing-chemicals nomination provision after 31 December 1993 (Section 16(4)).
After 31 December 1993, a chemical substance not included in the chemical inventory is considered a new chemical substance (Section 17(1)).
No person may use, store, transport, import, sell, distribute, manufacture, or process a new chemical substance unless permitted by DENR (Section 17(2)).
For permission for new chemicals, the applicant must notify the Department of the intention to commence at least one hundred and eighty (180) days before starting the activity (Section 17(2)).
DENR must require provision of the information outlined in Section 15 for the permit process (Section 17(2)).
Notification must be made using a form and manner prescribed by DENR and must be accompanied by payment of the prescribed fee (Section 17(3)).
Notifications that do not comply with the requirements of Section 17(3) are not acted upon and are not accepted (Section 17(4)).
DENR may decide not to include a new chemical substance in the chemical inventory if provided information does not comply with Section 15 requirements or if DENR suspects dubious data quality (Section 17(5)).
Any person who falsifies information while nominating an existing or new chemical substance is criminally liable (Section 17(6)).
Upon notification of a new chemical substance, DENR must within ninety (90) days decide to add the chemical to the inventory, seek further information for assessment of public health and environmental risk, or issue a Chemical Control Order under Section 20 (Section 18(1)).
DENR must notify the applicant in writing of its decision (Section 18(2)).
DENR must compile and may amend a Priority Chemicals List and determine which chemical substances from the inventory are included, deleted, or excluded (Section 19(1)–(2)).
DENR must publish the Priority Chemicals List and amendments/deletions in the Official Gazette or a newspaper of general circulation (Section 19(3)).
DENR may require information from any person for risk assessment of priority chemicals (Section 19(4)).
DENR may issue a Chemical Control Order when it determines that use, storage, transport, process, manufacture, import, or export of any new substance or a priority chemical poses an unreasonable risk or hazard to public health or the environment (Section 20(1)).
A Chemical Control Order may prohibit specified activities, including use, manufacture, import/export, transport, process, storage, possession, or sale (Section 20(1)).
A Chemical Control Order may limit specified activities or impose controls/conditions to abate or minimize risks or hazards (Section 20(1)).
A Chemical Control Order must be published in the Official Gazette or a newspaper of general circulation (Section 20(1)).

Testing requirements and exemptions for chemicals

Testing is required when:
- there is reason to believe the substance or mixture may present unreasonable risk to health or the environment;
- there is insufficient data and experience to determine/predict effects; and
- testing is necessary to develop such data (Section 21(1)).
Manufacturers, processors, and importers of chemicals subjected to testing must bear the costs of testing (Section 21(2)).
Exemptions from Sections 17, 18, and 21 apply to:
1. chemicals already included in the Philippine Inventory;
2. chemicals produced or used in small quantities solely for experimental or research and development purposes;
3. reaction intermediates that do not leave a closed production system and do not undergo intermediate storage during reaction; and
4. chemical substances regulated by laws other than Republic Act No. 6969 (Section 22).

Confiscation, administrative fines, and public access

DENR may impound or confiscate any chemical substance and its conveyance and container when there are reasonable grounds to believe the sale, storage, possession, use, manufacture, transport, import, or export:
- does not comply with a Chemical Control Order; or
- poses an immediate threat or hazard to public health and safety or the environment (Section 23(1)).
Costs incurred by DENR under confiscation/impoundment must be reimbursed by the occupier of the premises from which the Environmental Protection Officer impounded or confiscated the chemical substance (Section 23(2)).
The Secretary may impose administrative fines for administrative violations under Section 41, with fines ranging from not less than PHP 10,000 to not more than PHP 50,000 per person/entity found guilty (Section 43).
Filing of proper criminal action remains available notwithstanding the administrative fine provision (Section 43).
The general public has access to the chemical inventory and the priority chemical list (Section 39(1)).
The general public has access to documents prepared by DENR regarding Chemical Control Orders except confidential portions (Section 39(2)).
Confidentiality may be requested by any person who is requested to provide information under Sections 16, 17, 18, and 21, with a request that such information be treated as confidential (Section 40(1)).
DENR may treat certain information as confidential and not make it public when disclosure would divulge trade secrets, sales figures or unique methods, production or processes, or adversely affect competitive position, and when information other than chemical name and CAS number (if applicable) is involved (Section 40(2)).
Disclosure is allowed only in specified circumstances, including with written consent; under government agreements to keep information confidential; under agreements requiring confidentiality to fulfill legal obligations; under formal instruction of a competent court; to a physician or prescribed medical professional for emergency medical diagnosis/treatment with written confidentiality agreement; and where disclosure is certified by DENR as in the interest of public health and safety or environmental protection (Section 40(3)).
Where practical, the requester must be notified in writing prior to or as soon as possible after DENR’s intention to disclose (Section 40(4)).

Hazardous wastes: generator, transport, storage, and disposal

DENR policy prohibits the entry, even in transit, of hazardous wastes and their disposal into Philippine territorial limits for any purpose (Section 24(1)).
DENR encourages proper management of hazardous wastes generated within the country by promoting, in order of preference: minimization; recycling and reuse; treatment to render harmless; and landfill or inert hazardous waste residues (Section 24(2)).
Hazardous wastes must be managed in a manner that prevents or potentially prevents:
- pollution;
- a state of danger to public health, welfare, and safety;
- harm to animals, birds, wildlife, fish, or other aquatic life;
- harm to plants and vegetation; or
- limitations in beneficial use of a segment of the environment (Section 24(3)).
The waste generator is responsible for proper management and disposal and bears costs for proper storage, treatment, and disposal (Section 24(4)–(5)).
Hazardous waste classification is prescribed through prescribed classes and sub-categories in Table 1, which establishes hazardous waste listings for the rules (Section 25(1)).
Types of wastes in Table 2 are exempted from the requirements of the rules (Section 25(2)).
The listings in Tables 1 and 2 are not inclusive and are subject to periodic review (Section 25(3)).
Waste generators must:
- notify DENR of type and quantity of wastes generated in the required form/manner and with prescribed fee; and
- provide DENR, on a quarterly basis, information including type/quantity generated, and such other information as DENR may require (Section 26(1)).
A waste generator continues to own and remain responsible for hazardous waste generated/produced on premises until certified by a waste treater as treated/recycled/reprocessed/disposed (Section 26(2)).
A waste generator must prepare and submit comprehensive emergency contingency plans to mitigate and combat spills and accidents involving chemical substances and/or hazardous waste, conforming with DENR guidelines (Section 26(3)).
A waste generator must train personnel on implementing the required emergency plan and on hazards posed by improper handling, storage, transport, and use of chemical substances and containers (Section 26(4)).
No transport of hazardous waste is allowed unless prior permit is secured from DENR (Section 27(1)).
Applications for transport permit issuance or amendment must use prescribed form/manner and include prescribed fee (Section 27(2)).
DENR must maintain a register of waste transporters (Section 27(3)).
A waste generator may use only waste transporters duly authorized by DENR (Section 27(4)).
A waste transport record must be on a form prescribed by DENR and must include generator name/address, transporter name/address, vehicle registration number, transporter waste treatment license, waste class and sub-category (Table 1), quantity, container type, transit points and destination, and intended method of treatment/storage/export/recycling/processing/reprocessing/disposal at destination (Section 28(1)).
Before transport, the waste generator must complete in duplicate the generator portions and submit them to DENR with prescribed fee (Section 28(2)).
The waste generator must retain and store a copy for twenty-four (24) months from date of receipt of DENR (Section 28(3)).
Before transport, the waste transporter must complete in duplicate its portions (Section 28(4)).
A transporter must place a copy in the driver’s cabin (Section 28(5)).
On arrival at the treater’s premises, the transporter must give a copy to the waste treater (Section 28(6)).
Upon receiving the record, the treater must verify accuracy of waste description, complete treater portions, and retain and store the complete record for twenty-four (24) months after receipt of hazardous waste (Section 28(7)).
If waste description data is inaccurate, the treater must immediately inform the waste generator within a reasonable period, and the treater may deny acceptance if acceptance may cause danger/hazard in operation (Section 28(8)).
If accepted for treatment/storage/export/recycling/reprocessing/processing/disposal, the treater must certify in writing acceptance to the generator (Section 28(9)).
The treater must send to DENR within 5 days a copy of the certification furnished the waste generator (Section 28(10)).
If a transporter involved in an accident causes spillage/release of hazardous waste to the environment, the transporter must immediately contain the spill and notify DENR (Section 28(11)).
Vessels, containers, and tanks for hazardous waste storage must be clearly labelled with class, sub-category, waste number, generator name/address, and maximum capacity or volume (Section 29(1)).
Hazardous waste storage labels must be conspicuously marked in paint, decals, or other permanent markings (Section 29(2)).
A waste treater must not accept, store, treat, recycle, reprocess, or dispose of hazardous wastes unless done in premises prescribed in Table 3 and permitted by DENR (Section 30(1)).
Permits for issuance/amendment under Section 30 must use prescribed form/manner with prescribed fee and must include plans, specifications, other required information, and an accompanying summary (Section 30(2)).
DENR must maintain a register of waste treaters (Section 30(3)).
The prescribed waste treatment premises categories in Table 3 are:
- Category A: premises conducting on-site disposal of hazardous waste generated at the premises through industrial/commercial processes and activities other than disposal via sewer;
- Category B: commercial or industrial hazardous waste incinerators;
- Category C: landfills/dumps/tips accepting hazardous waste for disposal;
- Category D: premises that recycle or reprocess hazardous waste not generated/produced at that premise;
- Category E: premises that immobilize/encapsulate/polymerize/treat hazardous wastes not generated/produced at that premise; and
- Category F: premises storing hazardous wastes not generated/produced there for periods exceeding 30 days (Section 30(1)).

Import-export of hazardous substances and nuclear wastes

Any person must obtain prior written approval from DENR before importing into or exporting hazardous substances (Section 31(1)).
Applications must use the form/manner approved by DENR and include prescribed fees (Section 31(2)).
DENR must cause seizure of imported hazardous substances that do not comply with the approved permit, return the substance to its point of origin, and initiate proceedings to recover incurred costs (Section 31(3)).
The government policy prohibits entry, even in transit, of nuclear waste and prohibits their storage or disposal into Philippine territorial limits for any purpose (Section 32(1)).
The Philippine Nuclear Research Institute (PNRI) regulates and licenses nuclear facilities and radioactive materials pursuant to R.A. 2067, the Science Act of 1958, and R.A. 5207, the Atomic Energy Regulatory and Liability Act of 1968, both as amended; radioactive material includes radioactive products or wastes (Section 32(2)).
Specific nuclear waste exemptions apply to:
- PNRI-licensed operators authorized to operate a nuclear power plant or atomic energy facility that transports spent nuclear fuel for reprocessing abroad and re-acquires by-products including nuclear wastes for storage in the operator’s facility; and
- States signatories of the Base Convention and countries with bilateral agreements with the Philippines that allow passage or transit shipment of nuclear waste over Philippine territorial limits, subject to prior informed arrangements and notification schedules through proper Philippine authorities including DENR and PNRI (Section 33(1)).
DENR and PNRI must use their rights to monitor and inspect such shipments for protection of the public and national interest (Section 33(2)).
Abandoned or unclaimed nuclear waste, where legal ownership cannot be ascertained, is subject to PNRI regulations on management and disposal (Section 34).
Any importer of scrap metal intended for domestic reprocessing must certify to DENR that the scrap metal does not contain radioactive material in any form, shape, or containment (Section 35(1)).
Scrap metal that may contain radioisotopes of Cesium, Cobalt, Americium, or Strontium, or as determined by PNRI, must not be processed for fabrication of metal bars or components (Section 35(2)).
Any person must immediately notify DENR or PNRI of any existence of unauthorized radioactive material on nuclear waste anywhere in the Philippines, with a report sufficient to immediately locate the radioactive material to institute protective and recovery measures (**Section 36