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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.
To fully understand chemical management under RA 6969, the relationship of PICCS, PCL, PMPIN and CCO should be figured out:
Fig.1 Chemical Management in Philippine
PMPIN
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. Read more about detailed PMPIN data requirements.
Below items are exempted from PMPIN rules:
Small scale premises
Small quantity chemicals
Certain polymeric chemical derivatives Chemical and chemical substances exempt from PICCS requirements
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)
Polymer Exemption Certificate
Polymer exemption certificate could be applied if new polymers meet any of the following 3 conditions:
All of its monomers must be listed in the PICCS
Polymers containing monomers and other reactants(including crosslinking, chain transfer agents, and post polymerization reactants) not in the PICCS added at total quantities less than 2 %(w/w)
The Polymer of Low Concern (PLC) shall fall into one of the categories:
1.Polymer that have:
a. Number Average Molecular Weight (NAMW) equal to or greater than 10,000Da.
b. Less than 5% of oligomers with Molecular Weight (MW) lower than 1000 Da and less than 2% of oligomers with MW lower than 500 Da, and
c. An Functional Group Equivalent Weight (FGEW) for cationic polymers of greater than 5000Da.
2.Polymers that have:
a.NAWM equal to or greater than 1000 Da and less than 10,000Da,
b.Less than 25% of oligomers with MW lower than 1000 Da and less than 10% of oligomers with MW lower than 500 Da, and
c.No reactive functional group in excess of the levels of 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
Check out Philippine Priority Chemicals List (PCL)
Chemical Control Orders
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.
Fig 1. Screening mechanism for CCOs.
Chemicals and their compounds subject to CCO to date have listed below:
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.
