Republic Act 6969 (RA 6969), known as the “Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990”, is the key legislation on management of chemical substances and mixtures in Philippine published by the Department of Environment and Natural Resources (DENR). In 1992, DENR further promulgated the Implementing Rules and Regulations of Republic Act 6969 to complete the implementation details.

Legal Framework under RA 6969

To fully understand chemical management under RA 6969, the relationship of PICCS, PCL, PMPIN and CCO should be figured out:

• PICCS: Philippine Inventory of Chemicals and Chemical Substances

• PCL: Philippine Priority Chemicals List 

• CCO: Chemical Control Orders 

• PMPIN: Pre-Manufacture and Pre-Importation Notification of New Chemicals

Fig.1 Chemical Management in Philippine

PMPIN of New Chemicals

Pre-Manufacture and Pre-Importation Notification (PMPIN) is required for new chemical substances which are not listed on PICCS (Philippine Inventory of Chemicals and Chemical Substances. READ MORE). Manufacturers and importers of a new chemical are required to notify DENR-EMB of their intent to manufacture or import the new chemical not sooner than 180 days and not later than 90 days.

PMPIN

PMPIN Exemptions

Below items are exempted from PMPIN rules:

• Small scale premises

• Small quantity chemicals (apply for SQI certificate）

• Certain polymeric chemical derivatives Chemical and chemical substances exempt from PICCS requirements （apply for Polymer Exemption Certificate）

• Chemicals and chemical substances included in PICCS

• Non-isolated intermediates

• Articles

• New chemicals manufactured exclusively for export 

• Chemicals regulated by laws other than 6969

(Industries should consult EMB before claiming exemptions)

PMPIN Determination

So how to determine whether your chemicals are subject to PMPIN:

1. Make sure the chemicals are not exempted

2. Chemicals are not listed in PICCS

3. Chemicals are not exempted from polymer exemption

4. Annual volume of chemicals no less than 1000kg

To clarify the stipulations, the flowchart below gives a clear illustration of the procedure:

PMPIN Data Requirements

There are two kinds of PMPIN notification forms:

PMPIN Abbreviated Form (Download): Used when a new substance is listed in the inventory of a country with a similar chemical review process as Philippine. Countries refer to USA, EU, Australia, Canada, Japan and Korea.

PMPIN Detailed Form (Download): Used for other new substances exclude the above, or the submitted information is not sufficient to determine the safety of the new chemical.

Read more about detailed PMPIN data requirements.

Updating to PICCS

Once a new chemical has been assessed and approved by DENR-EMB after PMPIN, applicants could submit a Notice of Commencement to Import or Manufacture Form. Only after submission of this form will the new chemical be added to PICCS. The new chemical may be added to the PICCS public version or the PICCS confidential version depending whether when CBI is requested by applicant in the Notice of Commencement.

Polymer Exemption Certificate

Specifically, to be exempt from the PMPIN requirements, polymers should satisfy any of the following requirements:

• All of its monomers should be listed in the PICCS;

• The total quantity of monomers and other reactants (including cross linking, chain transfer agents, and post polymerization reactants) which are not listed in the PICCS is less than 2% (by weight)

• A new polymer if two or more of the top (by weight) monomers are included in the definition of another polymer listed in the PICCS 

• For PLCs, they should fall under either of the following two categories:

  Category 1:

• Number Average Molecular Weight (NAMW) ≥10,000 Da;

• Less than 5% of oligomers are with Molecular Weight (MW) lower than 1,000 Da and less than 2% of oligomers with MW lower than 500 Da; and

• Functional Group Equivalent Weight (FGEW) for cationic polymers ＞5,000 Da.

Category 2:

• 1,000Da ≦NAMW<10,000 Da,

• Less than 25% of oligomers are with MW lower than 1,000 Da and less than 10% of oligomers with MW lower than 500 Da;

• No reactive functional groups (RFGs) are over 2% by weight

  

SQI Clearance

Small Quantity Importation Clearance (SQI) is required prior to importation of less than 1000kg/y of pure chemical substance or component chemicals in percentage by weight of a product, mixture, etc. not listed in the PICCS.

The following info is required for application of SQI:

• Letter of request

• Notarized application form

• SDS of chemicals

Applicants are obliged to submit an annual report to EMB central office no later than 15 days after the end of the Calendar year.

PCL Compliance Certificate

The Philippine Priority Chemicals List (PCL) is a list of hazardous chemicals that DENR-EMB has determined to potentially pose unreasonable risk to public health, workplace and the environment. All importers and manufacturers of listed chemicals are required to secure the PLC Compliance Certificate from the DENR with following requirements:

• Application Online. (See www.emb.gov.ph)

• Notarized Annual Report Form

• Safety Data Sheet (GHS format)

• DENR Identification Number as Hazardous Waste Generator

• Environmental Compliance Certificate

• Discharge Permit

• Permit to Operate for APCD (Air Pollution Control Device) and/or APSI (Air Pollution Source Installation)

• Summary of Importation Data (for importers)

• Chemical Management Plan (includes storage, handling, disposal, transport, safety and health requirements and environmental controls at the workplace).

• Management Operation Flow Chart (Process flow on the usage of the chemical)

• Contingency/ Emergency Plan (includes response procedure on spills, contact, inhalation, ingestion, transport, fire, etc.)

• List of Users/Customers with corresponding projected/required volume. (For importer/distributor; projected for the year, and customers distributed the previous year).

• Groundwater/Surface Water Monitoring Results (for user/manufacturer)

• Self-Monitoring Report (for user/manufacturers)

• Photos of Storage Facility /Warehouse.

• Basic knowledge posed by the use and release of the chemical (e.g. photocopy of training  certificate of PCO related to Chemicals, Safety, Environment and/or training attendance of  employees relating to chemical management, safety and environment. Include the number of employees handling the chemical.

• Copy of previous PCL Certificate 

Chemical Control Orders (CCO)

Chemicals and chemical substances that pose an unreasonable risk to public health or the environment are potentially subject to CCOs. Each year, after due consideration to industrial needs, the health and environment risks, DENR-EMB may determine what chemicals listed as priority (PCL) should be regulated, controlled, or phased out.

Chemicals and their compounds subject to CCO:

• Cyanide (DAO 1997-39)

• Mercury (DAO 1997-38)

• Asbestos (DAO 2000-02)

• PCBs (DAO 2004-01)

• Lead (DAO 2013-24)

• Ozone Depleting Chemical (DAO 2013-25)

General Requirements applied to all CCOs are shown below:

• Registration with DENR-EMB & Obtaining Import Clearance

• Limitation in Industrial Use:

•               a. Gradual phase out of import and manufacturing

•               b. Gradual substitution of the chemical uses and premises

• Annual Report to DENR-EMB. All manufacturers, importers, and industrial users of chemicals must submit an annual report to DENR-EMB that include the following information:

•             a. General Information (premise)

•             b. Production and management information

•             c. Number and category of employees exposed and exposure duration

•             d. Waste generated (fluids, sludge, slurry, scraps, etc.), and storage, treatment, and disposal information (type of treatment and land disposal premises, location, methods, etc.)

• Labeling Requirements

• Storage Requirements

• Treatment and Disposal Requirements

• Self-Inspection

• Reporting and Recordkeeping Requirements

* Contact Environmental Management Bureau regarding the requirements for specific chemicals.

News & Expert Articles 

News

• 9 May 2019, “The Philippines Updates the Inventory of Chemicals and Chemical Substances”

• 9 May 2019, “The Philippines Clarifies COO Requirements for Cyanide and Cyanide Compounds”

• 15 Mar 2019, “Philippine to Update PICCS List and Certificate Issuance”

• 2 Nov 2018, “The Philippines Issued CCO on Cadmium and its compounds”

• 22 May 2018, “The Philippines Revises the Priority Chemicals List”

• 22 Mar 2018, “The Philippines Updates PICCS Online Search System”

• 13 Mar 2018,“The Philippines Specified CCO on Cyanide and Its Compounds”

• 8 Mar 2018, “The Philippines Consults on Arsenic Chemical Control Order”

• 7 Mar 2018, “The Philippine DENR Underscores Common Compliance Issues during Chemical Notification”

• 5 Mar 2018, “The Philippines No Longer Requires PCL Certificate for Chemicals Used in Labs”

• 28 Sep 2017, “The Philippines Consults on Polymers Exemption Criteria under PMPIN”

• 23 Aug 2016, “Philippine PCL - Priority Chemical List 2005”

Expert Articles

• Lynn Liang, 7 Nov 2018, “Chemical Management in Philippine”

• Lynn Liang, 7 Nov 2018, “Philippine’s Pre-Manufacture and Pre-Importation Notification (PMPIN) of New Chemical Substances”

• Lynn Liang, 7 Nov 2018, “Philippine Inventory of Chemical and Chemical Substance (PICCS)”