Philippines Philippines publishes draft Chemical Control Order on vinyl chloride

Philippines publishes draft Chemical Control Order on vinyl chloride

As confirmed on February 14, 2022, a draft of Chemical Control Order (CCO) for Vinyl Chloride (hereinafter referred to as “the Draft Order”) has been published for public comment in the Philippines. The Draft Order adds vinyl chloride to chemical substances to be regulated under CCOs, impacting a wide range of stakeholders including importers, distributors, manufacturers, processors, industrial users, transporters, TSD (treatment, storage and disposal) facilities, and laboratory facilities. Registration will be mandatory for all regulated entities, while importers will also be required to obtain an importation clearance.

The Draft Order can be viewed at:
https://chemical.emb.gov.ph/wp-content/uploads/2022/02/CCO-for-Vinyl-Chloride-2022.pdf

 

Vinyl chloride to be covered

  • Vinyl chloride previously required to be reported under the Priority Chemicals List (PCL)
  • Vinyl chloride previously exempted from the requirement to obtain a PCL Compliance Certificate under the Environmental Management Bureau (EMB) Memorandum Circular Nos. 2014-003 and 2017-007

However, unreacted vinyl chloride monomers in polyvinyl chloride resins and vinyl chloride monomers of any polymer are not covered under the Draft Order.

Requirements for registration

All entities dealing with vinyl chloride (i.e., those involved in such activities as manufacture, import, distribution, use, transportation, treatment, and storage) shall register through EMB’s Online Permitting and Monitoring System (OPMS). Not only entities newly involved in import, manufacture, distribution, or use of vinyl chloride, but also those who have been issued a PCL Compliance Certificate or granted PCL exemption will be required to register under the Draft Order.

In addition, importers must separately obtain an Importation Clearance through the OPMS. Importation clearances will be issued per trade name of the chemical mixture to be imported, and remain valid for six months.

The application for such registration and importation clearance must be accompanied by the following documents:

  • Photocopy of Environmental Permits such as the following:
    • Hazardous Waste Generator’s ID
    • Valid Discharge Permit
    • Valid Permit to Operate
    • Environmental Compliance Certificate (ECC)
  • Photocopy of the registration certificate issued by the Philippine Securities and Exchange Commission or the Philippine Department of Trade and Industry
  • Photocopy of Business Permit
  • Photocopy of the Safety Data Sheet (SDS)
  • Vinyl Chloride Management Plan
  • Emergency and Contingency Plan
  • Photo of storage facility
  • Notarized certificate of liabilities to compensate damage to life and property
  • Copy of Pollution Control Officer (PCO) Accreditation Certificate
  • Latest Self-Monitoring Report (SMR)
  • Summary of Importation data
  • List of Customers/Users

More specifically, the Vinyl Chloride Management Plan shall be prepared pursuant to Annex A of the Draft Order, whereas the Emergency and Contingency Plan shall be in accordance with Section 8.2 of the Department of Environment and Natural Resources (DENR) Administrative Order No. 2013-22 and aligned with Section 8 of the SDS.

Distributors of vinyl chloride will be required to have a record of users of their materials.

Requirements for labeling

  • Vinyl Chloride products shall comply with the DENR Administrative Order No. 2015-009, which provides for the Globally Harmonized System (GHS) in Philippines, as well as the EMB Memorandum Circular No. 2015-011, subordinate regulations of the Order No. 2015-009.
  • Storage cabinets, samples and objects suspected of, or known to be contaminated with vinyl chloride shall be labeled with a warning sign that indicates “Vinyl Chloride” and states its main hazards.