Law Summary
Scope and Construction
- Covers importation, manufacture, processing, handling, storage, transportation, sale, distribution, use, and disposal of unregulated chemical substances and mixtures.
- Applies also to hazardous and nuclear wastes entering, including transit, keeping, storage, and disposal within the Philippines.
- Rules are to be liberally construed to fulfill the national policy stated.
Administration and Enforcement
- Administered by the Secretary of Environment and Natural Resources (DENR) or authorized representatives.
- May involve other government agencies, institutions, and instrumentalities for support.
Key Definitions
- Detailed definitions including terms such as Chemical Substance, Chemical Mixture, Hazardous Substances, Hazardous Wastes, Importation, New Chemicals, Nuclear Wastes, Manufacture, Occupier, Permit, Pollution, Person, Transport, Waste Generator, Waste Transporter, Waste Treater, and Unreasonable Risk.
Powers and Functions of DENR
- Maintain updated chemical substance inventory.
- Require testing of chemicals posing unreasonable risks.
- Evaluate toxic characteristics of chemicals.
- Conduct inspections and confiscate non-compliant chemicals.
- Monitor and prevent entry of hazardous and nuclear wastes.
- Issue subpoenas and gather information.
- Undertake educational campaigns.
Delegation and Environmental Protection Officers
- Secretary may deputize officers with specific powers.
- Powers include inspections, stopping and inspecting vehicles, monitoring, subpoenaing, and enforcement.
- Environmental Protection Officers authorized to perform examinations, seize samples, inspect documents, detain transport vehicles, and require offender identification.
Confiscation, Impoundment, and Fines
- Investigation upon reports or complaints leads to summons and conferences.
- Ex-parte orders can be issued if prima facie evidence of unreasonable risk exists.
- Respondents may file motions for reconsideration.
Inter-Agency Technical Advisory Council
- Composed of secretaries from multiple government departments and a NGO representative.
- Assists in rule formulation, chemical inventory updates, chemical evaluation, and other functions per DENR.
Inventory of Chemical Substances
- DENR maintains a comprehensive inventory including names and CAS numbers.
- Inventory contains relevant data to health and environmental protection.
Pre-Manufacturing and Pre-Importation Data Requirements
- Detailed chemical data required including names, structures, physical, chemical, and toxicological properties.
- Information is public unless confidentiality is requested.
Nomination and Notification of Chemicals
- Chemical substances used before 31 December 1993 are "existing" and must be nominated to inventory.
- New chemical substances after that date require notification and permits.
- Non-compliance is a violation; falsification of data incurs criminal liability.
Assessment and Priority Chemicals
- DENR assesses new chemicals within 90 days.
- Maintains a Priority Chemicals List subject to updates.
- May request further information and impose Chemical Control Orders to manage risks.
Chemical Control Orders
- Powers to prohibit, limit, or regulate chemical substances posing unreasonable risk.
- Orders published officially.
Testing Requirements
- Mandatory testing if risk is suspected or data is insufficient.
- Costs to be borne by manufacturers, importers, or processors.
Exemptions
- Chemicals included in inventory, research-only chemicals, closed system intermediates, and those regulated by other laws are exempted.
Confiscation
- DENR may impound chemicals or conveyances violating Chemical Control Orders or posing immediate hazards.
- Expenses for confiscation refundable from premises occupier.
Hazardous Waste Policy
- Entry and disposal of hazardous wastes prohibited.
- Prefers waste minimization, recycling, treatment, then disposal.
- Waste must be managed to prevent pollution or harm.
- Waste generators responsible for proper management and costs.
Classification of Hazardous Waste
- Enumerated classes/sub-categories defined.
- Certain wastes are exempted.
- Lists subject to periodic review.
Waste Generator Responsibilities
- Must notify DENR of waste types and quantities.
- Remain responsible for waste until certified treated or disposed.
- Prepare emergency contingency plans.
- Train personnel on hazard management.
Waste Transporter Regulations
- Transport only permitted if authorized by DENR.
- Applications subject to fee and registration.
- Generators must use authorized transporters.
Waste Transport Record Requirements
- Detailed recording of generator, transporter, waste specifics.
- Records kept for 24 months.
- Procedures for handling inaccurate data and accident reporting.
Hazardous Waste Storage and Labelling
- Containers must be clearly labelled with class, sub-category, waste number, generator info, and capacity.
Waste Treatment and Disposal Premises
- Treating or disposing hazardous waste requires DENR permit.
- Premises classified according to treatment and storage activities.
- Applications subject to fees and documentation.
Import and Export of Hazardous Substances
- Prior written approval mandatory.
- Non-compliant imports subject to seizure and return at importer’s cost.
Nuclear Waste Policy and Regulation
- Prohibits entry and disposal of nuclear waste.
- Philippine Nuclear Research Institute (PNRI) oversees licensing and regulation of radioactive materials.
- Certain exemptions for licensed nuclear facilities and treaty-compliant shipments.
- DENR and PNRI monitor shipments.
Abandoned Nuclear Waste
- Managed per PNRI regulations.
Scrap Metal Containing Radioactive Materials
- Importers must certify absence of radioactive materials.
- Specific radioisotopes prohibited in metal fabrication.
Reporting Unauthorized Radioactive Material
- Immediate notification to DENR or PNRI required for any unauthorized nuclear or radioactive materials.
Permitting and Fees
- DENR sets fees for chemical notifications and hazardous/nuclear waste permits.
- Fee schedules are published officially and take effect after 15 days.
Public Access and Confidentiality
- Public may access chemical inventory, priority chemicals, and assessment documents (excluding confidential info).
- Confidentiality may be requested for sensitive trade information.
- Disclosure allowed only with consent, under legal compulsion, or public health/environment necessity.
Administrative Violations
- Include refusal to test chemicals, obstructing inspections, failure to report or obtain permits, improper labeling, non-compliance with subpoenas, among others.
Criminal Offenses
- Using chemicals in violation of the rules.
- Failure to submit reports, comply with pre-manufacturing requirements.
- Illegal storage, transport, or importation of hazardous and nuclear wastes.
Penalties
- Administrative fines between P10,000 to P50,000.
- Imprisonment from 6 months to 20 years depending on offense.
- Deportation and bans apply to foreign offenders.
- Corporate officers and officials may be held liable; government employees face dismissal and disqualification.
- Confiscation and forfeiture of illegally used chemicals and transport means.
- Prohibited hazardous/nuclear wastes must be returned; means of transport may be forfeited.
Final Provisions
- Separability clause preserves remaining provisions if any part is invalidated.
- Rules supersede inconsistent rules and may be amended by DENR.
- Effective 30 days after official publication.