Philippines regulates manufacture, import, and use of arsenic

On November 8, 2019, the Environmental Management Bureau (EMB) of the Philippines enacted Administrative Order No. 2019-17 on Chemical Control Order (CCO) for Arsenic and Arsenic Compounds (hereinafter referred to as this Administrative Order). The drafts of this Administrative Order were issued in September 2016 and September 2017, respectively, and with its official promulgation this time, arsenic has been added to the list of substances regulated by the CCO. In addition to banning the use of arsenic and arsenic compounds in the production or manufacture of (1) fertilizers, (2) pesticides and wood preservatives, and (3) chemical weapons, the main provisions are as follows.

Coverage

Importers, distributors, manufacturers, processors, industrial users, transporters, Treatment, Storage, and Disposal (TSD) facilities, and laboratory facilities

Requirements and Procedures

In addition to the general requirements under DENR Administrative Order (DAO) No. 29, Series of 1992, the Implementing Rules and Regulations of Republic Act 6969 (Toxic Substances and Hazardous and Nuclear Wastes Control Act), the following requirements and procedures are imposed on any person or entity importing, manufacturing, or distributing arsenic and arsenic compounds, and allowed users of arsenic and arsenic compounds.

Registration and Permitting

The following persons shall register with the EMB by submitting a duly accomplished Registration Form (Annex A).

• Any person or entity that is newly involved in the import, manufacture, distribution, and industrial use of any arsenic and arsenic compounds
• Any person or entity with existing Priority Chemical List (PCL) Compliance Certificate involved in the import, manufacture, distribution, and industrial use of any arsenic and arsenic compounds (Application must be submitted within 30 business days of the effective date of this Administrative Order.)
• Any person or entity involved in the transport, recycling, treatment, storage, and disposal of waste containing arsenic.

Import Requirements

Any person or entity that imports arsenic or arsenic compounds must apply for an Importation Clearance from the EMB by completing an application form (Annex B) at least 30 business days prior to the date of import. The Importation Clearance is valid for six months.

Required Documents

The applicants for the above registration and Importation Clearance (including renewal of Importation Clearance) must also submit the following documents at the time of application.

• Photocopy of Environmental Permits such as Hazardous Waste Generator’s ID, Valid Discharge Permit, Valid Permit to Operate, and Environmental Compliance Certificate (ECC)
• Photocopy of registration with the Securities and Exchange Commission or Department of Trade and Industry (DTI)
• Photocopy of Business Permit
• Photocopy of the Safety Data Sheet (SDS) from the manufacturing firm
• Arsenic and Arsenic Compounds Management Plan (see Annex C)
• Contingency Plan
• Photo of Storage facility
• Notarized Certificate of Liabilities to compensate damages
• Copy of Pollution Control Officers (PCO) Accreditation Certificate
• Latest Self-Monitoring Report

Labeling Requirements

The labeling requirements of DENR Administrative Order No. 2015-009 and EMB Memorandum Circular No. 2015-011 which set forth provisions on GHS, shall be complied with. In addition, waste labeling shall be in accordance with DENR Administrative Order No. 2013-22, which sets forth procedures and standards for hazardous waste management.

Other provisions are provided for manufacturing, training, handling, storage, transport, treatment, TSD facilities, substitution, and phase-out plan. Any records, reports, or information obtained by the DENR pursuant to this Administrative Order will be disclosed in accordance with Section 12 of Republic Act No. 6969 (Note that confidential business information (CBI) such as formulations, methods of production or industrial processes, and distribution networks will not be disclosed).

Penalty Provision

Any violation of the provisions of this Administrative Order shall be subject to administrative and criminal sanctions under Sections 41 and 43 of DENR Administrative Order No. 1992-29 and fines as stipulated in DENR Memorandum Circular No. 2005-003.

The original text of this Administrative Order can be downloaded from the following URL.
http://chemical.emb.gov.ph/wp-content/uploads/2019/11/DAO201917Arsenic.pdf