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
1. 108-90-7 1,4-CHLOROBENZENE Benzene,chloro-
2. 106-93-4 1,2-DIBROMOETHANE Ethance,1,2-dibromo
3. 95-50-1 0-DICHLOROBENZENE Benzene,1,2-dichloro-
4. 106-46-7 1,4-DICHLOROBENZENE Benzene,1,4-dichloro-
5. 107-06-2 1,2-DICHLOROETHANE Ethane, 1,2-dichloro-
6. 122-66-7 1,2-DIPHENYLHYDRAZINE Hydrazobenzene
7. 108-46-3 3-HYDROXYPHENOL 1,3-Benzenediol
8. 7647-18-9 ANTIMONY PENTACHLORIDE Antimony chloride
9. 7440-38-2 ARSENIC COMPOUNDS Arsenic
10. 1332-21-4 ASBESTOS Asbestos
11. 71-43-2 BENZENE Benzene
12. 7440-41-7 BERYLLIUM COMPOUNDS Beryllium
13. 7440-43-9 CADMIUM COMPOUNDS Cadmium
14. 56-23-5 CARBON TETRACHLORIDE
15. General Name CHLORINATED ETHERS
16. General Name CHLOROFLUORO CARBONS
17. 67-66-3 CHLOROFORM Trichloromethane
18. 76-06-2 CHLOROPICRIN Methane, trichloronitro
19. 18540-29-9 CHROMIUM COMPOUNDS Chromium
20. 57-12-5 CYANIDE COMPOUNDS Cyanide
21. 64-67-5 DIETHYL SULFATE Sulfuric acid, diethyl ester
22. 106-93-4 ETHYLENE DIBROMIDE 1,2 Dibromoethane
23. 75-21-8 ETHYLENE OXIDE Oxirane
24. 111-30-8 GLUTARALDEHYDE Pentanedial
25. 50-00-0 FORMALDEHYDE Formaldehyde
26. 9002-83-9 HALONS Ether, chlorotrifluoro-homopolymer
27. 118-74-1 HEXACHLOROBENZENE Benzene, hexachloro
28. 67-72-1 HEXACHLOROETHANE Ethance, hexachloro
29. 302-01-2 HYDRAZINE Hydrazine
30. 7439-92-1 LEAD COMPOUNDS Lead
31. 149-30-4 MBT 2(3H)-Benzothiazolinone
32. 594-42-3 MERCAPTAN, PERCHLOROMETHYL Methanesulfonyl chloride, trichloro-
33. 7439-97-6 MERCURY COMPOUNDS Mercury
34. 74-87-3 METHYL CHLORIDE Methane, chloro
35. 75-09-2 METHYLENECHLORIDE Methylene, dichloro
36. 2385-85-5 MIREX
37. 87-86-5 PENTACHLOROPHENOL Phenol, pentachloro
38. 127-18-4 PERCHLOROETHYLENE Ethene, tetrachloro
39. 108-95-2 PHENIC ACID Phenol
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
44. 1,1,1-TRICHLOROETHANE
45. 79-01-6 TRICHLOROETHYLENE Ethene, trichloro
46. TRIBUTYLTIN
47. 7782-49-2 SELENIUM Selenium
48. 75-01-4 VINYL CHLORIDE Chloroethylene

All users, importers, and manufacturers of the chemicals included in the list above are required to comply with the following requirements:

  1. Complete and submit an Annual report to the DENR on or before January 31;
  2. 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

  1. Letter-request
  2. Completed and Notarized Application Form for Pre-Importation
  3. List of intended users of the chemical substances in the PCL including the address, contact number, volume from previous importation and volume of usage.
  4. 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
  5. Chemical Management Plan (CMP) for storage, handling, transport and disposal.
  6. Contingency Plan in case of spills and accidents and other chemical emergencies.
  7. 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

  1. Letter-request
  2. Complete and Notarized Application Form for Pre-Importation
  3. Textual (narrative] description of the production/ process Flow Chart and pertinent activity at the facility.
  4. Material Safety Data Sheet (MSDS) shall contain 16 sections/ headings following the International Organization.
  5. Chemical Management Plan (CMP) for storage, handling, use, manufacture, transport, and disposal.
  6. Regular monitoring results of the groundwater, surface water and soil contamination.
  7. Contingency Plan/procedures in case of spills and accidents and other chemical emergencies
  8. 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.

Administrative Violations

  1. Knowingly using a chemical substance or mixture which is imported, manufactured, processed or distributed in violation of RA 6969 or its IRR;
  2. 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;
  3. Failure or refusal to comply with the pre-manufacture and pre-importation requirements;
  4. 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;
  5. 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;
  6. 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.

Administrative Fines

  • 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

Offenses 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

Fine (Pesos) Violation
50,000.00 Non-registration
10,000.00 Non-submission of the Annual Report
 

10,000.00
20,000.00
30,000.00
40,000.00

 Non-compliance with the conditions of the permit/Clearance issued

  1. Non-compliance with one (1) or two (2) conditions
  2. Non-compliance with three (3) or four (4) conditions
  3. Non-compliance with more than four (4) conditions
  4. Non-compliance with more than four (4) conditions and other environmental requirements of the DENR

Contributor: Marivic Arago
Brown & Green Environmental Services, Inc.