Title
DENR Order on Priority Chemical List
Law
Denr Administrative Order No. 98-58
Decision Date
Sep 8, 1998
The Department of Environment and Natural Resources establishes a Priority Chemical List (PCL) under RA 6969, mandating users, importers, and manufacturers to submit Hazardous Wastes Registration Forms and Biennial Reports, with penalties for non-compliance ranging from P10,000 to P50,000.
administrative law
toxic substances
hazardous wastes

Legal basis and controlling framework

  • DENR Administrative Order No. 98-58 is issued under the Toxic Substances, Hazardous Wastes, and Nuclear Wastes Control Act of 1990, which is Republic Act No. 6969.
  • It implements the obligations connected with hazardous chemicals and hazardous waste controls under RA 6969 through the Priority Chemical List (PCL).
  • Compliance requirements under the Order operate without prejudice to criminal proceedings under Republic Act No. 6969 for violators.

Policy and purpose: Priority chemical control

  • The Order establishes a Priority Chemical List (PCL) of specific regulated chemicals.
  • The Order directs users, importers, and manufacturers of the chemicals on the PCL to comply with registration and biennial reporting obligations.
  • The Order provides an enforcement consequence for violations through administrative fines and preserves criminal liability.

Priority Chemical List (PCL) enumerated

  • The PCL includes 1,1,1,-Trichloroethane.
  • The PCL includes 1,2 Diphenylhydrazine.
  • The PCL includes Arsenic Compounds.
  • The PCL includes Asbestos.
  • The PCL includes Benzene.
  • The PCL includes Beryllium Compounds.
  • The PCL includes Cadmium Compounds.
  • The PCL includes Carbon Tetrachloride.
  • The PCL includes Chlorofluoro Carbons (CFCs).
  • The PCL includes Chloroform.
  • The PCL includes Chlorinated Ethers.
  • The PCL includes Chromium Compounds.
  • The PCL includes Cyanide Compounds.
  • The PCL includes Ethylene Dibromide.
  • The PCL includes Ethylene Oxide.
  • The PCL includes Halons.
  • The PCL includes Hexachlorobenzene.
  • The PCL includes Hexachloroethane.
  • The PCL includes Lead Compounds.
  • The PCL includes Mercury Compounds.
  • The PCL includes Mirex.
  • The PCL includes Polychlorinated Biphenyls (PCBs).
  • The PCL includes Phosgene.
  • The PCL includes Pentachlorophenol.
  • The PCL includes Polybrominated Biphenyls (PBBs).
  • The PCL includes Selenium.
  • The PCL includes Tributyltin.
  • The PCL includes Vinyl Chloride.

Regulated persons and required compliance acts

  • The Order requires users, importers, and manufacturers of PCL chemicals to comply with mandated documentary and reporting requirements.
  • Regulated entities must complete and submit a Hazardous Wastes Registration Form to the Environmental Quality Division (EQD) of the Environmental Management Bureau (EMB).
  • Regulated entities must complete and submit a PCL Biennial Report to the EQD, EMB.
  • Regulated entities must ensure that Registration and Biennial Reports are in the form prescribed by the Department.
  • Regulated entities must accompany the required forms and reports with the payment of prescribed fees.

Biennial reporting deadlines and timing rules

  • The First Biennial Report must be submitted from September 1 to December 31, 1998.
  • Subsequent Biennial Reports must be submitted within fifteen (15) days from the end of each calendar year.
  • The reporting obligation is structured as a recurring biennial submission to the EQD, EMB.
  • The Order imposes deadlines keyed to the end of each calendar year for later submissions.

Fees, prescribed forms, and submission destination

  • Hazardous Wastes Registration Forms must be completed and submitted to the EQD, EMB.
  • PCL Biennial Reports must be completed and submitted to the EQD, EMB.
  • Registration and Biennial Reports must be in a form prescribed by the Department.
  • Registration and Biennial Reports must be accompanied by the payment of prescribed fees.
  • Submission compliance is anchored on EQD, EMB as the receiving unit.

Enforcement, fines, and criminal proceedings preserved

  • Violations of the Order result in an administrative fine of not less than PHP 10,000 but not more than PHP 50,000.
  • The administrative fine applies without prejudice to the institution of criminal proceedings against violators.
  • Criminal proceedings are pursued in accordance with Republic Act No. 6969.
  • Administrative enforcement is therefore coupled with preservation of RA 6969 criminal liability.

Public contact for chemical identifiers

  • Questions regarding Chemical Abstract Services (CAS) numbers of the priority chemicals must be directed to the Environmental Quality Division, Environmental Management Bureau.
  • Questions regarding lists of synonyms for the priority chemicals must be directed to the Environmental Quality Division, Environmental Management Bureau.
  • The designated contact location is 99-101 Topaz Building, Kamias Rd., Quezon City.

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