Republic Act (RA 6969)

“Toxic Substances and Hazardous and Nuclear Waste

Control Act of 1990”

Updates on Policies, Requirements and Procedures

GERI-GERONIMO R. SAÑEZ
Chief, Hazardous Waste Management Section
Environmental Quality Division
Environmental Management Bureau
 Outline of Presentation
• EMB Mandates

• Overview of RA 6969
– Title II: Chemicals Management

– Title III: Hazardous Waste Management

• Multilateral Environmental Agreements (MEAs)

• EMB Policy Updates

 Environmental Management Bureau
(EMB)

• Executive Order (EO) 192 - Reorganization of

Department of Environment, Energy and Natural
Resources (DEENR) renaming it as the Department of
Environment and Natural Resources (DENR)

• Section 16: Creation of the EMB

 Environmental Management Bureau
(EMB)

Vision Mission

A nation empowered to protect To restore, protect and

our finite resources, attuned to enhance environmental quality
the pursuit of sustainable towards good public health,
development, for a clean and environmental integrity and
healthy environment that economic viability.
enhances the Filipino quality of
life for present and future
generations
 EMB Mandates
P.D. 1586: The Philippine Environmental Impact
Statement (EIS) System of 1978

R.A. 8749: The Philippine Clean Air Act of 1999

R.A. 9003: The Ecological Solid Waste

Management Act of 2000

R.A. 9275: The Philippine Clean Water Act of

2004

R.A. 6969: Toxic Substances and Hazardous

and Nuclear Waste Control Act of 1990

R.A. 9512: Environmental Awareness and

Education Act of 2008

Under E.O. 192, EMB is also mandated to provide research and laboratory
services, and serve as secretariat in the adjudication of pollution cases.
 Republic Act (RA) 6969
“Toxic Substance and Hazardous and Nuclear Waste Control Act of 1990”

Management of industrial chemicals and hazardous wastes in all

aspects of its life cycle, “cradle to grave”- generation,
transportation, treatment, storage and disposal.
 Title II

Chemicals Management
 GOVERNMENT AGENCIES REGULATING
CHEMICAL SUBSTANCES
AGENCY CHEMICALS BASED ON USAGE Examples

DENR - EMB Industrial Chemicals Mercury, Formaldehyde, Lead, Benzene

etc.
PDEA Dangerous Drugs Ketamine
Amineptine
DA - FPA Fertilizers and Pesticides Endosulfan
(Agricultural Use) Chlorothalonil

DOST – PNRI Radioactive Chemicals Cesium

Cobalt
Iridium
DOH - FDA Chemicals for human Nicotine Sulphate
consumption Vitamins

PNP Explosives Aluminum Nitrate

Ammonium Acetate
Iron Nitrate
 Title II: Chemical Management

• Philippine Inventory of Chemicals and Chemical

Substances (PICCS)

• Pre-Manufacture Pre-Importation Notification

(PMPIN)

• Priority Chemicals List (PCL)

• Chemical Control Order (CCO)

 Philippine Inventory of Chemicals and
Chemical Substances (PICCS)

Database of all existing chemicals in the Philippines

nominated since December 1993

▪ chemical names (IUPAC)* and its Chemical Abstract

Service Number (CAS No.)
▪ CAS Registry Index Number
▪ common name of the chemical or substance

*International Union of Pure and Applied Chemistry

 Pre-Manufacture Pre-Importation
Notification (PMPIN) Compliance Certificate /
Small-Quantity Importation (SQI) Clearance

Applicable to all new industrial chemicals not listed in the

PICCS

▪ PMPIN Compliance Certificate: in quantity exceeding

1,000 kg/year (online)

▪ SQI Clearance: quantity less than 1,000 kg/year

(manual at the respective Regional Office)
 Priority Chemical List (PCL)
Compliance Certificate
• Forty-eight (48) chemicals and its compounds considered to be
strictly regulated e.g. Chromium, Cadmium, Benzene,
Chloroform, Arsenic, Formaldehyde, etc.

• Requires special reporting due to its significant toxic effects

either acute or chronic
There are 48 regulated chemicals that
are required to comply with submission
of additional information for PCL
Compliance Certificate under EMC 2007-23
 Chemical Control Order (CCO)
DA0 97-38: CCO for Mercury and its compounds
regulated or limited use – Minamata Convention
DAO 97-39: CCO for Cyanide and its compounds
regulated or limited use
DAO 2000-02: CCO for Asbestos
regulated or limited use – Rotterdam Convention
DAO 2000-18: CCO for Ozone Depleting Substances (ODSs)
phase-out (2010) – Montreal Protocol
DAO 2004-01:CCO for Polychlorinated Biphenyls (PCBs)
phase-out (2014) – Stockholm Convention
DAO 2013-24: CCO for Lead and Lead Compounds
regulated or limited use
 CCO (6)

SQI
PCL (48)

PICCS (47,023)
New Chemicals

SQI PMPIN
 GHS IMPLEMENTATION THRU HAZARD
COMMUNICATION AND CLASSIFICATION
DENR – EMB has already issued the lists for PCLs/CCOs and High Volume
Chemicals (HVCs) for GHS implementation in 2016 and 2017. Currently, the
review and research of dangerous goods for IATA and IMDG to comply with
GHS is being conducted.

6 elements for GHS Labels: substance

16 Sections – Safety Data Sheet
identifier, symbol, signal word,
(SDS) to be attached in all permit
hazard statement, precautionary
and clearance applications
statement and supplier.
 A world without GHS means……
Canada

EU 危 Japan

China

U.S.A.

Australia
South Africa Malaysia
Flammability Symbol
Globally Harmonized System (GHS) Label

SQI
 Safety Data Sheet (SDS)
Provide information on industrial and commercial products to
protect health and safety

Flammability

Health Reactivity

Special
Information
DAO 2015-09 Rules and Procedures for the Implementation of the Globally Harmonized
System of Classification and Labeling of Chemicals (GHS) in Preparation of
Safety Data Sheet (SDS) and Labeling Requirements of Toxic Chemical
Substance
EMB MC 2015-002 Harmonization of Registration Forms, Issued Certificates and Procedures for
Chemical Control Orders (CCOs), and Small Quantity Importation (SQI)

EMB MC 2015-004 Clarifications to the Chemical Control Order (CCO) for Polychlorinated
Biphenyls (PCBs)
EMB MC 2015-005 Clarifications on the Prohibited Uses of Lead and Lead Compounds under
DAO 2013-24, “Chemical Control Order (CCO) for Lead and Lead
Compounds”
EMB MC 2015-007 Technical Guidance Document on Polychlorinated Biphenyls (PCBs)
Management

EMB MC 2015-011 Guidance Manual for DAO 2015-09 (Rules and Procedures for the
Implementation of the Globally Harmonized System (GHS) of Classification
and Labeling of Chemicals in Preparation of Safety Data Sheet (SDS) and
Labeling Requirements of Toxic Chemical Substances)
EMB MC 2016-003 Implementation of Online Processing of Priority Chemical List (PCL)
and Pre-Manufacture Pre-Importation Notification (PMPIN) under the
Title II of DENR AO 29, Series of 1992, of RA 6969
EMB MC 2016-010 Clarification on the Prohibition of Paints with Lead and Lead
Compounds Used for Children’s Toys and Related Products

EMB MC 2016-011 Instructions on the Implementation and Enforcement of the Devolved

Functions Under the DENR Memorandum Circular 2002-12
EMB MC 2017-007 Clarification on the Coverage of Laboratory Facilities under DAO
2007-23 (PCL)
EMB MC 2017-009 Clarifications on Permitting Regulations for Small Quantity
Importation (SQI), Pre-Manufacture Pre-Importation Notification
(PMPIN), Priority Chemical List (PCL) and Chemical Control Orders
(CCO)
EMB MC 2017-010 Clarifications on Permitting Regulations for Small Quantity
Importation (SQI), Pre-Manufacture Pre-Importation Notification
(PMPIN), Priority Chemical List (PCL) and Chemical Control Orders
(CCO)
 POLICY UPDATES

• DAO for the 3RD Tranche or Version of Priority Chemical List

(PCL) – For finalization.

• DAO for the Revised CCO for Mercury – Endorsed to the

Office of the Secretary, DENR.

• DAO for Polymer & Polymer of Low Concern Exemption to

the PMPIN Process – Endorsed to the Office of the
Secretary, DENR.
• DENR MC for the Amendment of DENR MC 2002-12 for the
issuance of Importation Clearance of Sodium Cyanide –
Approved and now being implemented.
National Action Plan (NAP) for
the Phase-out of Mercury-
added Products and Sound
Management of Waste
Containing Mercury
 DEVELOPMENT OF THE NAP FOR MAPS

- The National Action Plan has been the product of

a collaborative process between different
government agencies and stakeholders

▪ Establishment of a project Steering Committee

(PSC) and an Inter-Agency Technical Working
Group (IAWTG)
▪ NAP Preparation Workshop – April 11-12,2019
▪ Minamata Learning Visit- April 21-26,2019
▪ NAP Validation Workshop- June 04,2019
 THE NATIONAL ACTION PLAN FOR
MERCURY-ADDED PRODUCTS (MAPs)

▪ Designed for a 5-year full implementation (2019-2023)

▪ Activities were classified into 5 key categories :
1. Policy
2. Strengthening Capacities
3. Quality Data and Evidence
4. Innovation and implementation
5. Partnerships advocacy
 POLICY

- Composed of activities related to policy formulation and

issuances.
▪ Gap Analysis of existing policies to come-up with specific
applicable policies and procedures in relations for the
phase-out of MAPs and proper management of waste
containing mercury.
▪ Concerned government agencies to issue draft policies
related to MAPs for public comments.
 STRENGTHENING CAPACITIES
- Activities that will support for enhanced capacities to
promote and adopt the provisions of the Convention and the
implementation of the policies to be issued.
▪ Institutionalize a Technical Working Group on MAPs under
IACEH (Chaired by EMB-DENR, Co-Chaired by FPA-DA,
Secretariat – DOH).
▪ Establishment of MAPs inventory system for phase-out.
▪ Purchasing of equipment for mercury testing.
▪ Training and Capacity Building
 QUALITY DATA AND EVIDENCE

Comprise of mechanisms on monitoring and evaluation of

the implementation of the activities specified in the
National Action Plan in accordance to the provision of
Article 21.
▪ Notification to World Trade Organization.
▪ Monitoring and Evaluation, Assessment and Planning of
the activities of NAP.
▪ Accreditation of laboratories for competence testing of
mercury levels in MAPs (ISO 17 025) .
 INNOVATION AND IMPLEMENTATION

Includes research and development, identification of technologies

and approaches for the betterment of the implementation of the
provision of the Convention specifically on Article 4, 10, 11 and 12.
▪ MOA for systematic monitoring of MAPs (Systematic collection
of data of MAPs from members of the PSA and TWG members
me on MAPs under IACEH; data from companies).
▪ MOA regarding interim storage- interagency and up to disposal.
 INNOVATION AND IMPLEMENTATION

▪ Establishment of storage facility of confiscated MAPs in

accordance to Minamata Convention Guidelines on interim
storage (Upon ratification)
▪ Operationalization of Lamp Waste Management Facility
▪ Identification and Remediation action goals for Hg
Contaminated Areas
 PARTNERSHIPS ADVOCACY

Consist of different activities for Information dissemination

and education targeting ordinary citizens, private sectors and
other stakeholders.
▪ Advocate for ratification of the Minamata Convention
▪ Develop/Create a generic communication plan (5yr) as
basis for all IEC by IATWG
▪ Identify communication plan using quad media approach
per agency (print/face-face/broadcast/social media)
 Title III
Hazardous Waste
Management
DAO 2013-22
» Classification of Hazardous Wastes
» Registration of Hazardous Waste
Generators, Transporters, and
Categories of Treatment, Storage
and Disposal (TSD) Facilities
» Importation of Recyclable Materials
Containing Hazardous Substances
» Export of Hazardous Wastes
 Responsibilities of HW Generators

▪ Register as HW Generator
▪ Designate a Pollution Control Officer (PCO)
▪ Determine if wastes are hazardous
▪ Submit reports to EMB Regional Office
▪ Responsible for storage and labeling of wastes
▪ Submit Contingency and Emergency Plan
▪ Conduct personnel training
 Compliance Requirements of HW Generators

Designation Storage and Storage Manifest Contingency

Category Registration Reporting Training
of PCO Labeling Time Limit System Planning

Large quantity
Yes Full time Quarterly Yes 6 months Yes Yes Yes
generators

Medium quantity Yes Full time Yes 1 year Yes Yes Yes
generators Semi-Annual

Small quantity Yes Full-time Annual Yes 1 year Yes Yes Yes
generators
Hazardous Waste
Generators ID
 Responsibilities of HW Transporters

▪ Register as HW Transporter
▪ Drivers and helpers must have appropriate
competency on Hazardous Waste Management
▪ Contingency and Emergency Plan
▪ Environmental Guarantee Fund
▪ Valid contract with registered TSD facility(ies)
▪ Designate a Pollution Control Officer (PCO)
Transporter
Registration
Certificate
Permit To Transport
 Responsibilities of TSD facilities

▪ Register as TSD Facility

▪ Designate a Pollution Control Officer (PCO)
▪ Comply with the waste acceptance requirements and
the Manifest System
▪ Submit residuals management plan including contract
with DENR-registered sanitary landfill
▪ Prepare and implement an emergency contingency
plan
▪ Conduct personnel training
▪ Valid contract with registered transporter(s)
TSD Registration
Certificate
 Categories of TSD Facilities

Category Type

A Onsite Treatment and Disposal Facilities

B Thermal Treatment Facilities

C Disposal Facilities

D Recycling Facilities

E Chemical Treatment Facilities

F Storage Facilities
 Categories of TSD Facilities

Category A

Facilities that conduct on-site treatment and disposal of

hazardous wastes generated within the facility that employs
or utilizes technologies from Categories B to E
 Categories of TSD Facilities

Category B
Facilities that commercially treat industrial hazardous wastes
using thermal technologies either burn or non-burn

B.1 Burn technologies such as plasma arc, pyrolysis, gasification, rotary

or fluidized bed incinerator, cement kiln, etc.

B.2 Non-burn technologies such as autoclave, microwave, sterilization,

hydroclave, irradiation, etc.
 Categories of TSD Facilities

Category C

Landfills that only accept hazardous wastes for final

disposal

C.1 Facilities that accept only inert or treated hazardous wastes for final
disposal in a dedicated cell

C.2 Facilities that accept hazardous wastes for final disposal such as
solidified, encapsulated wastes, etc. under Class K
 Categories of TSD Facilities

Category D

Facilities that recycle or reprocess hazardous waste, which are not

generated or produced at the facility

D.1 Facilities include those that recover valuable materials, i.e. used or
waste oil, solvents, acids, alkalis, metals, etc.
D.2 Facilities include those that use hazardous wastes as input materials or
alternative fuel for industrial processes
D.3 Facilities include those that remediate or land-farm contaminated soil
thru physical, chemical or biological treatment.
 Categories of TSD Facilities

Category E

Facilities that accept and treat hazardous wastes, which are not generated or
produced at the facility using immobilization, encapsulation, polymerization,
or similar processes.

Facilities include those that receive hazardous wastes outside the premises
and transform physical or chemical characteristics of the hazardous wastes
by physico-chemical or thermal treatment to dispose them into facilities in
Category C
 Categories of TSD Facilities

E-1 Facilities to solidify organic sludge, ashes, and other hazardous wastes
E-2 Facilities to solidify inorganic sludge, ash, and other inorganic
hazardous wastes
E-3 Physico-chemical treatment facilities including neutralization,
oxidation, and reduction of waste acid, waste alkali, or waste solution
containing cyanide or chromium
E-4 Facilities that chemically treat PCB
E-5 Facilities that chemically treat infectious or pathogenic wastes
E-6 Facilities that decontaminate containers that used to contain chemicals
and hazardous wastes
 Categories of TSD Facilities

Category F

Facilities that store hazardous wastes, which were not generated from
the facility awaiting treatment, disposal, or export such as:

F.1 Material Recovery Facilities

F.2 Buildings to store containers, vessels, or tanks containing hazardous

wastes

F.3 Built tanks to store liquid hazardous wastes

 Requirements for Exporter of Hazardous Wastes

❑ Submit Notification for EMB’s transmittal to the Competent

Authority of the importing and transit countries
❑ Designate a PCO
❑ Comply with all the requirements of the Basel Convention
❑ Comply with the transport manifest system
❑ Comply with the storage and labeling requirements
❑ Shipment shall be accompanied by the movement document
❑ Contract between the exporter and the disposer
❑ Financial guarantee to cover cost for re-import or other
measures that may be needed
 Requirements for Importers of Recyclable Materials

❑ Register as Importer of recyclable materials containing hazardous

substance at EMB Central Office
❑ Each shipment shall be covered by an Importation Clearance (IC)
which shall be applied for at least thirty (30) working days prior
to actual importation. NO IC, NO UNLOADING policy.
❑ Designate a PCO
❑ Comply with the storage and labeling requirements
❑ Comply with the waste manifest system
❑ Prepare an Emergency Contingency Plan
❑ Secure a TSD registration (in case the importer holds the
materials for periods exceeding thirty (30) days)
 Illegal shipment of wastes

© DENR-EMB © DENR-EMB

©DENR-EMB
© DENR-EMB © DENR-EMB © DENR-EMB
 EMB MC 2016-002

Technical Guidelines for

Specific Categories of
Treatment, Storage, and
Disposal (TSD) Facilities
 EMB MC 2016-002

• Serve as a guide for the minimum protocols and

standards on the categorization of TSD facilities

• The intended users include those who will put up

a TSD facility which will store, recycle, recover,
treat, and dispose of hazardous wastes.
Multilateral Environmental Agreements (MEAs)
• Basel Convention on the Control of Transboundary Movements
of Hazardous Wastes and their Disposal

• Rotterdam Convention on Prior Informed Consent (PIC) on

certain Hazardous Chemicals and Pesticides in the International
Trade

• Stockholm Convention on Persistent Organic Pollutants (POPs)

• Montreal Protocol on the Substances that Depletes the Ozone

Layer

• Minamata Convention on Mercury

 PROJECTS (Completed/Ongoing)

• GEF/UNIDO Non-Com POPs Destruction Facility Project

• UNITAR Ratification and Early Implementation of the

Minamata Convention on Mercury in the Philippines

• GEF/UNDP ULABs Management Project

 Policy Updates
Technical Guidelines for Specific Categories of TSD Facilities
(EMB MC 2016-002)

• Serve as a guide for the minimum protocols and standards

on the categorization of TSD facilities

• The intended users include those who will put up a TSD

facility which will store, recycle, recover, treat, and dispose
of hazardous wastes.
 Policy Updates
Guidelines on the Environmentally Sound Management
(ESM) of Waste Electrical and Electronic Equipment (WEEE)

• aim to provide the framework mechanism for the

appropriate management of WEEE and institutionalize
the Extended Producer Responsibility (EPR)

• provide guidelines on distinguishing used or second-

hand and e-waste
 Policy Updates
Site Characterization Guidelines (EMB MC 2017-003)

Purpose: to address potential POPs contaminated sites in

the Philippines

Provides:
• current available site assessment protocols
• process that identifies and allows the assessment of
risks posed by potentially contaminated site
• process that insures successful management of
contaminated sites
 Policy Updates
Site Remediation Guidelines (EMB MC 2017-004)

Purpose: to address potential POPs contaminated sites in

the Philippines

Provides:
• current available remediation technologies
• advice on the environmental management of POPs
contaminated sites and remediation activities
 Policy Updates
Site Control Guidelines

• to address the management and control of

contaminated sites to reduce or eliminate
receptor exposure

• to identify site control options as part of

contaminated site management
 Useful Websites
• emb.gov.ph
• basel.int
• pic.int
• pops.int
• ozone.unep.org
• brsmeas.org
 PSHWM | CE-WM 2019
4th Philippine Solid & Hazardous Waste Management
Conference
in conjunction with the
1st International Conference on Circular Economy-based
Waste Management
10-13 December 2019, Tarlac City

Forging partnerships for a sustainable future

http://pshwm-cewm2019.website2.me/
Let’s Save the Future!!!
Questions/Clarifica
tions?

[email protected]

(02) 8928 1212