Republic Act No. 6969, An Act to Control Toxic Substances and Hazardous and Nuclear Wastes, and Providing Penalties for Violations Thereof, and for other Purposes or known as the “Toxic Substances and Hazardous and Nuclear Wastes Control Act is the primary legislation of the Philippines which aims to regulate and restrict how chemical substances are used, stored, transported, processed, manufactured, imported, or exported. It was approved on October 26, 1990 and its corresponding Implementing Rules and Regulations (IRR) was published on July 6, 1992, through Department Administrative Order (DAO) No. 1992-29. As provided by the law, the Department of Environment and Natural Resources – Environmental Management Bureau (DENR-EMB) shall compile and amend a list which shall be called the Priority Chemicals List (PCL). The chemical substances to be included or excluded from this list come from the chemical inventory of the DENR.
The chemicals classified under the PCL are those that have the potential to cause unreasonable risk to public health, workplace, and the environment. Among those included in the list, DENR-EMB also determines which should be regulated. The Department also imposes special reporting requirements which apply to the chemicals in the PCL so that information concerning their uses may be obtained.
Priority Chemical List
|No.||Chemical Abstract Services No.||Philippine Inventory of Chemicals and Chemical Substances Name||Chemical Abstract Services (CAS) / INDEX Name|
|8.||7647-18-9||ANTIMONY PENTACHLORIDE||Antimony chloride|
|15.||General Name||CHLORINATED ETHERS|
|16.||General Name||CHLOROFLUORO CARBONS|
|21.||64-67-5||DIETHYL SULFATE||Sulfuric acid, diethyl ester|
|22.||106-93-4||ETHYLENE DIBROMIDE||1,2 Dibromoethane|
|32.||594-42-3||MERCAPTAN, PERCHLOROMETHYL||Methanesulfonyl chloride, trichloro-|
|34.||74-87-3||METHYL CHLORIDE||Methane, chloro|
|40.||75-44-5||PHOSGENE||Carbonyl chloride/ Carbonicdichloride|
|41.||85-44-9||PHTHALIC ANHYDRIDE||1,3 Isobenzofurandione|
|42.||59536-65-1||POLYBROMINATED BIPHENYLS||Fire Master BP6|
|43.||1336-36-3||POLYCHLORINATED BIPHENYLS||1,1-Biphenyl chloroderivatives|
All users, importers, and manufacturers of the chemicals included in the list above are required to comply with the following requirements:
- Complete and submit an Annual report to the DENR on or before January 31;
- Complete and submit a Hazardous Wastes Registration Form to the concerned Environmental Management Bureau-Regional Office
PCL Compliance Certificate
The PCL Compliance Certificate needs to be secured by all importers, distributors, users, and manufacturers, or any combination thereof, of chemicals and chemical substances listed under the PCL, except for those that are already covered by their respective Chemical Control Orders. In order to acquire this certificate, the following documents must be submitted aside from those required under other DENR rules (i.e. Annual Report, DENR ID as Hazardous Waste Generator, etc.). The additional requirements and the application form for a PCL Compliance Certificate should be filed at the DENR EMB-Central Office or through their online system.
For Importer and/or Distributor
- Completed and Notarized Application Form for Pre-Importation
- List of intended users of the chemical substances in the PCL including the address, contact number, volume from previous importation and volume of usage.
- Material Safety Data Sheet (MSDS)/Safety Data Sheet (SDS) containing 16 sections/ headings following the International Organization for Standardization (ISO) format from the supplier/ manufacturer
- Chemical Management Plan (CMP) for storage, handling, transport and disposal.
- Contingency Plan in case of spills and accidents and other chemical emergencies.
- Basic knowledge and awareness on hazards posed by the use and release of chemicals, its handling and safety at the workplace and into the environment.
For Users and/or Manufacturers
- Complete and Notarized Application Form for Pre-Importation
- Textual (narrative] description of the production/ process Flow Chart and pertinent activity at the facility.
- Material Safety Data Sheet (MSDS) shall contain 16 sections/ headings following the International Organization.
- Chemical Management Plan (CMP) for storage, handling, use, manufacture, transport, and disposal.
- Regular monitoring results of the groundwater, surface water and soil contamination.
- Contingency Plan/procedures in case of spills and accidents and other chemical emergencies
- Basic knowledge and awareness on hazards posed by the use and release of chemicals, its handling and safety at the workplace and into the environment
The PCL Compliance Certificate is valid for one (1) year. Application for renewal should be filed at least 20 working days prior to the expiry date of the Certificate or 20 working days prior to the expected time of arrival of the imported chemical. In case of a request for change of quantity, the company shall re-apply for registration.
Prohibited Acts and Penalties
Below are the different violations that concern chemical substances and their fines as stated in Department Administrative Order (DAO) No. 1992-29. Other applicable administrative and criminal sanctions as provided for under Republic Act 9275, Republic Act 8749, and other environmental rules and regulations shall also apply to any person who commits a violation.
- Knowingly using a chemical substance or mixture which is imported, manufactured, processed or distributed in violation of RA 6969 or its IRR;
- Failure or refusal to submit reports, notices or other information, access to records, or permit inspection of establishment where chemicals are manufactured, processed, stored or otherwise held;
- Failure or refusal to comply with the pre-manufacture and pre-importation requirements;
- Failure or refusal to subject for testing chemical substances and mixtures that present unreasonable risk or injury to health or to the environment before said chemical substances and mixtures are manufactured or imported for the first time;
- Failure or refusal to subject for testing chemical substances and mixtures which are presently being manufactured or processed if there is a reason to believe that said chemical substances and mixtures pose unreasonable risk or injury to health and the environment;
- Refusing, obstructing or hampering the entry of authorized representatives of the DENR into any establishment in which chemicals are processed, manufactured, stored or held before or after their commercial distribution for the purpose of conducting an inspection.
- A fine of not less than Ten Thousand Pesos (PhP10,000.00) but not more than Fifty Thousand Pesos (PhP50,000.00) shall be fined for any person or entity found guilty.
Criminal Offenses and Penalties
|Knowingly using a chemical substance or mixture which is imported, manufactured, processed or distributed in violation of RA 6969 or its IRR;||Imprisonment of six (6) months and one day to six (6) years and one day and a fine ranging from Six Hundred Pesos (Php 600.00) to Four Thousand Pesos (Php 4,000.00);
If the offender is a foreigner, he or she shall be deported and banned from any subsequent entry into the Philippines after serving his or her sentence;
In case any violation of these Rules and Regulations is committed by a partnership, corporation, association or any juridical person, the partner, president, director or manager who shall consent to or knowingly tolerate such violation shall be directly liable and responsible for the act of the employees and shall be criminally liable as a co-principal;
|Unlawful importation, entry, transport, manufacture, processing, sale or distribution of chemical substances or mixtures into or within the Philippines||Confiscation and forfeiture of the proceeds of the unlawful act, instruments, tools or other implements (i.e. vehicles, sea vessels and aircraft used in or with which the offense was committed), and chemical substances by the Government with the option of turning this over to the DENR for safekeeping and proper disposal.|
|Failure or refusal to submit reports, notices or other information, access to records, or permit inspection of establishment where chemicals are manufactured, processed, stored or otherwise held|
|Failure or refusal to comply with the pre-manufacture and pre-importation requirements|
Fines and Violations pertaining to the PCL Compliance Certificate
|10,000.00||Non-submission of the Annual Report|
|Non-compliance with the conditions of the permit/Clearance issued
Contributor: Marivic Arago
Brown & Green Environmental Services, Inc.