Philippines enacts Administrative Order detailing Polymer exemption from new chemical notification

On November 8, 2019, Department of Environment and Natural Resources (DENR) Administrative Order 2019-18 on Polymers and Polymer of Low Concern (PLC) Exemption from the Pre-Manufacture and Pre-Importation Notification (PMPIN) Process (hereinafter referred to as this Administrative Order) was enacted in the Philippines.

This Administrative Order provides details for the exemption of Polymers from the PMPIN provided for in Section 11 of Republic Act 6969 and Section 22 of DENR Administrative Order No. 29, Series of 1992. Specifically, it describes the criteria for Polymers to be exempted and the procedures required for exemption application. A list of Reactive Functional Groups (RFGs) is provided in Annex 1, and a list of reactants is provided in Annex 2.

This Administrative Order takes effect 15 days after its publication in a newspaper of general circulation and upon acknowledgement of receipt of a copy thereof by the Office of the National Administrative Register, the University of the Philippines Law Center.

The original text of this Administrative Order can be downloaded from the following URL.
http://chemical.emb.gov.ph/wp-content/uploads/2019/11/DAO201918Polymer.pdf

Scope of Application

This Administrative Order applies to Polymers and PLC that are not listed in the Philippine Inventory of Chemicals and Chemical Substances (PICCS). PLC must:

• • meet the definition of Polymers,
  • meet the criteria under Section 4.4a or 4.4b of this Administrative Order (see below for details), and
  • not be unstable, degradable, decomposable, or depolymerizable.

Criteria for Polymer exemption from PMPIN

In order for a Polymer to be exempted from PMPIN, it must meet any one of the following criteria.

1. Polymers in which all of monomers that make up the polymers are listed in the PICCS.
2. Polymers with less than 2% (by weight) of monomers and other reactants (including crosslinking, chain transfer agents, and post polymerization reactants) not listed in the PICCS.
3. New Polymers where the top two or more monomers (by weight) are included in the definition of another Polymer already listed in PICCS.
4. The PLC must fall into one of the following two categories.

i. Polymers with all of the following properties

• • • • Number Average Molecular Weight (NAMW) is equal to or greater than 10,000 Da.
      • Less than 5% of oligomers have a Molecular Weight (MW) lower than 1,000 Da and less than 2% of oligomers have a MW lower than 500 Da.
      • For cationic Polymers, the Functional Group Equivalent Weight is greater than 5,000 Da.

ii. Polymers with all of the following properties

• • • • NAMW is equal to or greater than 1,000 Da and less than 10,000 Da.
      • Less than 25% of oligomers have a MW lower than 1,000 Da and less than 10% of oligomers have a MW lower than 500 Da.
      • The RFGs do not exceed 2% by weight.

Requirements for application

To apply for an exemption, the following documents, data, and fees are required.

1. Duly accomplished and notarized “Polymer Exemption form”
2. Information about the Polymer (specific chemical name, chemical structure, CAS number (if available), use/s of the Polymer)
3. Safety Data Sheet (SDS) for the Polymer alone or as a mixture/product in which the Polymer is part of the ingredients
4. 100% composition of the Polymer (including CAS numbers of monomers and other reactants)
5. Data demonstrating that the Polymer meets any of the conditions stated in Section 4 of this Administrative Order (GPC Data, IR Spectroscopy, and other techniques)
6. Request for Confidential Business Information (CBI) through an official letter with justification
7. Processing fee (1,500 Philippine pesos (approximately 3,210 yen))

The competent DENR Environmental Management Bureau (EMB) shall process the application within 20 working days from receipt of all of the documents above. Note that the exempted Polymer will not be listed in the PICCS.