Policy and controlled chemical coverage
- The order establishes a Priority Chemical List (PCL) of named toxic chemicals and chemical substances.
- The PCL includes specific chemicals identified by Chemical Abstract Service (CAS) / Index Name and/or General Name, and includes corresponding identifiers under the Philippine Inventory of Chemicals and Chemical Substances (PICCS) and CAS naming.
- Asbestos, Cyanide Compounds, Mercury Compounds, and Polychlorinated Biphenyls are identified as being covered in the previous PCL under DENR Administrative Order No. 98-58, and are now subject to the Chemical Control Order (CCO) under their respective DAOs.
- Trichloroethane, Chlorofluoro Carbons, and Halons are identified as belonging to the CCO for Ozone Depleting Substances (ODS).
Priority Chemical List content
- The PCL includes (among others) 1, 4-CHLOROBENZENE (108-90-7), 1, 2-DIBROMOETHANE (106-93-4), 0, DICHLOROBENZENE (95-50-1), and 1, 4-DICHLOROBENZENE (106-46-7).
- The PCL includes BENZENE (71-43-2) and ANTIMONY PENTACHLORIDE (7647-18-9).
- The PCL includes metals/metal compounds and related substances such as ARSENIC COMPOUNDS (7440-38-2), BERYLLIUM COMPOUNDS (7440-41-7), CADMIUM COMPOUNDS (7440-43-9), LEAD COMPOUNDS (7439-92-1), and MERCURY COMPOUNDS (7439-97-6) (identified for CCO coverage under its respective DAO).
- The PCL includes hazardous organics and reagents such as CARBON TETRACHLORIDE, CHLOROFORM (67-66-3), CHLOROPICRIN (76-06-2), PHOSGENE (75-44-5), FORMALDEHYDE (50-00-0), and VINYL CHLORIDE (75-01-4).
- The PCL includes additional listed chemicals and substances such as ASBESTOS (1332-21-4) (identified for CCO coverage under its respective DAO), CYANIDE COMPOUNDS (57-12-5) (identified for CCO coverage under its respective DAO), TRICHLOROETHYLENE (79-01-6), and SELENIUM (7782-49-2).
- The PCL includes other named substances including HEXACHLOROBENZENE (118-74-1), HEXACHLOROETHANE (67-72-1), HYDRAZINE (302-01-2), MIREX (2385-85-5), and PENTACHLOROPHENOL (87-86-5).
- The PCL includes POLYBROMINATED BIPHENYLS (59536-65-1) and POLYCHLORINATED BIPHENYLs/derivatives (1336-36-3) (identified for CCO coverage under its respective DAO).
Who must comply and what to file
- The order requires all users, importers and manufacturers of the listed chemicals to comply with the requirements stated in the order.
- Users, importers, and manufacturers must complete and submit to the DENR-Environmental Management Bureau-Central Office an Annual Report on or before January 31.
- Users, importers, and manufacturers must complete and submit to the concerned Environmental Management Bureau-Regional Office a Hazardous Wastes Registration Form.
- Users, importers, and manufacturers must ensure that Registration and Annual Reports are in a form prescribed by the Department.
- Users, importers, and manufacturers must ensure that Registration and Annual Reports are accompanied with the payment of prescribed fees.
Administrative fines for non-compliance
- Non-compliance by concerned users, importers, and manufacturers is subject to graduated administrative fines under the fines schedule referenced to DENR Memorandum Circular No. 2005-003.
- PHP 50,000.00 is imposed for Non-registration pursuant to the provisions of Title II, DAO 29, Series of 1992 under Priority Chemical List (PCL).
- PHP 10,000.00 is imposed for Non-submission of the Annual Report.
- For non-compliance with the conditions of the permit/Clearance, graduated fines apply as follows:
- PHP 10,000.00 for non-compliance with one (1) or two (2) conditions;
- PHP 20,000.00 for non-compliance with three (3) or four (4) conditions;
- PHP 30,000.00 for non-compliance with more than four (4) conditions;
- PHP 40,000.00 for non-compliance with more than four (4) conditions and other environmental requirements of the DENR.
Compliance incentives and effectivity
- The DENR adopts incentives for complying sectors from time to time in accordance with existing DENR Rules and Regulations.
- The order takes effect fifteen (15) days after its publication in two (2) newspapers of general circulation.
- The order also takes effect fifteen (15) days upon submission to the Office of the National Administrative Register, UP Law Center.