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Recently, The Philippines’ Department of Environment and Natural Resources (DENR) released a draft Administrative Order to provide guidelines for exemption of chemicals under the DENR A.O. 1992-29 (also known as “Implementing Rules and Regulation (IRR) of RA 6969”).
The Order was issued to provide guidelines for the PMPIN exemptions in accordance with Chapter VI, Section 22.3 of IRR of RA 6969. The exempted chemicals and mixtures are listed below:
Alloy
Chemicals By-product/Byproducts
Impurity
Isolated intermediate/intermediate
Non-isolated intermediate
Statutory mixtures
Definitions
For each exempted category, the draft lists different options of well-recognized definitions adopted by existing chemical regulations in Europe, Australia and the United States. For example, the alloy is proposed with two available definitions as below:
are mixtures composed of two or more elements, usually metals or metalloids, for example, brass or stainless steel. Note that intermetallic alloys with well-defined stoichiometry are considered to be chemicals. (NICNAS/AICS)
a metallic material, homogeneous on a macroscopic scale, consisting of two or more elements so combined that they cannot be readily separated by mechanical means; alloys are considered to be mixtures. (ECHA)
Exemption procedures
To apply for exemptions, businesses need to submit the following information online through the Online Permitting and Monitoring System (OPMS):
signed letter of request
100% composition of mixture (if applicable)
safety data sheet (SDS)
process flow
signed justification letter and other supportive documents that will be the basis for the exemption
The approved exemption application will be exempted from the notification and assessment requirement under Title II of RA 6969 and do not need to secure a permit except for covered chemicals specified in the Chemical Control Orders (CCOs). PCL chemicals that are not exempted under this Order but with a threshold limit of less than or equal to 1% concentration (in mixtures) can still apply for PCL exemption under Section 7.2 of EMB M.C. 2014-003.
The Order shall take effect 15 days after publication in a newspaper of general circulation with official acknowledgement.
The draf Administrative Order can be accessed here.
