Law Summary
Priority Chemical List Composition
- The PCL enumerates specific hazardous chemicals by their Chemical Abstract Service (CAS) numbers, Philippine Inventory of Chemicals and Chemical Substances (PICCS) names, and chemical names.
- It includes a wide range of chemicals such as chlorinated benzenes, heavy metal compounds (arsenic, cadmium, mercury, lead), solvents (benzene, chloroform, methylene chloride), pesticides (mirex), and other toxic substances.
- Certain chemicals like asbestos, cyanide, and mercury compounds are now regulated under separate Chemical Control Orders (CCO).
- Some chemicals identified as ozone-depleting substances (e.g., trichloroethane, chlorofluorocarbons, halons) are also regulated under specific CCOs.
Obligations of Chemical Users, Importers, and Manufacturers
- Mandatory annual submission of reports to the DENR-Environmental Management Bureau (EMB-Central Office) by January 31 each year.
- Requirement to file a Hazardous Wastes Registration Form with the appropriate EMB Regional Office.
- Registration and reporting must be done using forms prescribed by the Department and be accompanied by the payment of prescribed fees.
Penalties for Non-Compliance
- Non-registration under the provisions of DAO 29, Title II related to the PCL incurs an administrative fine of PHP 50,000.
- Failure to submit the required annual report results in a PHP 10,000 fine.
- Non-compliance with permit or clearance conditions is subject to graduated fines based on the number of violated conditions:
- PHP 10,000 for one or two conditions.
- PHP 20,000 for three or four conditions.
- PHP 30,000 for more than four conditions.
- PHP 40,000 for extensive non-compliance, including other DENR environmental requirements.
Incentives and Implementation
- The Department of Environment and Natural Resources (DENR) may adopt incentives for compliant sectors as per existing rules and regulations.
- The Order took effect fifteen (15) days after publication in two newspapers of general circulation and after submission to the National Administrative Register.
Key Legal Concepts
- Emphasizes regulation of toxic and hazardous substances to protect environmental and public health.
- Ensures traceability and accountability of chemical use through mandatory registration and reporting.
- Promotes compliance through a system of administrative fines and potential incentives.
- Aligns with broader environmental laws regulating hazardous substances and ozone-depleting chemicals to fulfill international and national obligations.