environmental documentation (final) 2

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Philippine Environmental Laws

PD 1152: The Philippine Environmental Code

Presidential Decree No. 1152: The Philippine Environmental Code

1Environmental EngineeringEngr. Denvert Pangayao

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Presidential Decree No. 1152: The Philippine Environmental Code

The Philippine Environmental Codedefines the policy objectives and the strategies for the various aspects of environmental management, such as air and water quality management, natural source development, land management, and waste management. It launches a comprehensive national program of environmental protection and management, with reference to policies and standards of noise, air quality, water quality, classification of water and waste management. It was approved by Former President Ferdinand E. Marcos, last June 6, 1977 to settle the management policies and prescribing quality standards for the environment in its totality.

Presidential Decree 1152, Philippine Environmental Code (1977) provides guidelines on land use, air quality, water quality, waste management and natural resources management.

I. LAND USELand use is the human use of land. Land use involves the management and

modification of natural environment or wilderness into built environment such as fields, pastures, and settlements. It has also been defined as "the arrangements, activities and inputs people undertake in a certain land cover type to produce, change or maintain it". Land use and land management practices have a major impact on natural resources including water,soil, nutrients, plants and animals. Land use information can be used to develop solutions for natural resource management issues such as salinity and water quality.

II. AIR QUALITYAir pollution is the introduction into the atmosphere of chemicals, particulate

matter, or biological materials that cause discomfort, disease, or death to humans,


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damage other living organisms such as food crops, or damage the natural environment or built environment.The atmosphere is a complex dynamic natural gaseous system that is essential to support life on planet Earth. Stratospheric ozone depletion due to air pollution has long been recognized as a threat to human health as well as to the Earth's ecosystems.

A substance in the air that can cause harm to humans and the environment is known as an air pollutant. Pollutants can be in the form of solid particles, liquid droplets, or gases. In addition, they may be natural or man-made.

Pollutants can be classified as primary or secondary. Usually, primary pollutants are directly emitted from a process, such as ash from a volcanic eruption, the carbon monoxide gas from a motor vehicle exhaust or sulfur dioxide released from factories, Sulphur oxides (SOx), Nitrogen oxides (NOx), Carbon monoxide (CO), Carbon dioxide (CO2), Volatile organic compounds (VOCs), Ammonia (NH3), odors, Radioactive pollutants. Secondary pollutants are not emitted directly. Rather, they form in the air when primary pollutants react or interact. An important example of a secondary pollutant is ground level ozone — one of the many secondary pollutants that make up photochemical smog, Peroxyacetyl nitrate (PAN). Some pollutants may be both primary and secondary: that is, they are both emitted directly and formed from other primary pollutants. And minor air pollutants include Persistent organic pollutants (POPs) which are organic compounds that are resistant to environmental degradation through chemical, biological, and photolytic processes.

III. Water QualityWater quality refers to the chemical, physical and biological characteristics

of water. It is a measure of the condition of water relative to the requirements of one or more biotic species and or to any human need or purpose.It is most frequently used by reference to a set of standards against which compliance can be assessed. The most common standards used to assess water quality relate to health of ecosystems, safety of human contact and drinking water.


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CATEGORIES of WATER QUALITYA. Human Consumption

Human consumptioncontaminants that may be in untreated water include microorganisms such as viruses and bacteria; inorganic contaminants such and petroleum use; pesticides and herbicides; and radioactive contaminants. Water quality depends on the local geology and ecosystem, as well as human uses such as sewage dispersion, industrial pollution, use of water bodies as a heat sink, and overuse (which may lower the level of the water).B. Industrial and domestic use

Dissolved minerals may affect suitability of water for a range of industrial and domestic purposes. The most familiar of these is probably the presence of ions of calcium and magnesium which interfere with the cleaning action of soap, and can form hard sulfate and soft carbonate deposits in water heaters or boilers. Hard water may be softened to remove these ions. The softening process often substitutes sodium cations. Hard water may be preferable to soft water for human consumption, since health problems have been associated with excess sodium and with calcium and magnesium deficiencies. Softening may sacrifice nutrition for cleaning effectiveness.

C. Environmental water qualityEnvironmental water quality, also called ambient water quality, relates

to water bodies such as lakes, rivers, and oceans. Water quality standards for surface waters vary significantly due to different environmental conditions, ecosystems, and intended human uses. Toxic substances and high populations of certain microorganisms can present a health hazard for non-drinking purposes such as irrigation, swimming, fishing, and rafting, boating, and industrial uses.


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SAMPLING and MEASUREMENT of WATER QUALITY STANDARDA. Sample collection

More complex measurements are often made in a laboratory requiring a water sample to be collected, preserved, transported, and analysed at another location. The process of water sampling introduces two significant problems. The first problem is the extent to which the sample may be representative of the water source of interest. Many water sources vary with time and with location. The measurement of interest may vary seasonally or from day to night or in response to some activity of man or natural populations of aquatic plants and animals. The measurement of interest may vary with distances from the water boundary with overlying atmosphere and underlying or confining soil. The sample collection procedure must assure correct weighting of individual sampling times and locations where averaging is appropriate. Where critical maximum or minimum values exist, statistical methods must be applied to observed variation to determine an adequate number of samples to assess probability of exceeding those critical values.The second problem occurs as the sample is removed from the water source and begins to establish chemical equilibrium with its new surroundings - the sample container. Similar physical and chemical interactions may take place with any pumps, piping, or intermediate devices used to transfer the water sample into the sample container. Water collected from depths below the surface will normally be held at the reduced pressure of the atmosphere; so gas dissolved in the water may escape into unfilled space at the top of the container. Atmospheric gas present in that air space may also dissolve into the water sample. Other chemical reaction equilibriums may change if the water sample changes temperature. Finely divided solid particles formerly suspended by water turbulence may settle to the bottom of the sample container, or a solid phase may form from biological growth or chemical precipitation. Microorganisms within the water sample may biochemically alter concentrations of oxygen, carbon dioxide, and organic


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compounds. Changing carbon dioxide concentrations may alter pH and change solubility of chemicals of interest. These problems are of special concern during measurement of chemicals assumed to be significant at very low concentrations.Sample preservation may partially resolve the second problem. A common procedure is keeping samples cold to slow the rate of chemical reactions and phase change, and analysing the sample as soon as possible; but this merely minimizes the changes rather than preventing them. A useful procedure for determining influence of sample containers during delay between sample collection and analysis involves preparation for two artificial samples in advance of the sampling event. B. Testing in response to natural disasters and other

emergenciesInevitably after events such as earthquakes and tsunamis, there is an

immediate response by the aid agencies as relief operations get underway to try and restore basic infrastructure and provide the basic fundamental items that are necessary for survival and subsequent recovery. Access to clean drinking water and adequate sanitation is a priority at times like this. The threat of disease increases hugely due to the large numbers of people living close together, often in squalid conditions, and without proper sanitation.After a natural disaster, as far as water quality testing is concerned there are widespread views on the best course of action to take and a variety of methods can be employed. The key basic water quality parameters that need to be addressed in an emergency are bacteriological indicators of fecal contamination, free chlorine residual, pH, turbidity and possibly conductivity/total dissolved solids.

C. Chemical analysisThe method selected to measure dissolved oxygen should

differentiate between diatomic oxygen and oxygen combined with other elements. The comparative simplicity of elemental analysis has produced a


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large amount of sample data and water quality criteria for elements sometimes identified asheavy metals. Water analysis for heavy metals must consider soil particles suspended in the water sample. These suspended soil particles may contain measurable amounts of metal. Although the particles are not dissolved in the water, they may be consumed by people drinking the water. Adding acid to a water sample to prevent loss of dissolved metals onto the sample container may dissolve more metals from suspended soil particles.Filtration of soil particles from the water sample before acid addition, however, may cause loss of dissolved metals onto the filter. The complexities of differentiating similar organic molecules are even more challenging.

D. Drinking water indicators

Indicators: Alkalinity, Color of water, pH, Taste and odor, Dissolved metals and salts (sodium, chloride, potassium, calcium, manganese, magnesium), Dissolved metals and metalloids (lead, mercury, arsenic), Dissolved organics: colored dissolved organic matter (CDOM), dissolved organic carbon (DOC), Radon, Heavy metals, Pharmaceuticals, Hormone analogs.

E. Environmental Indicators(INDICATOR OF WATER)1. Physical Indicators/ assessment

Water Temperature Specifics Conductance or EC, Electrical Conductance, Conductivity Total suspended solids (TSS) Transparency or Turbidity Total dissolved solids (TDS) Odor of Water Color of water Taste of Water


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http://en.wikipedia.org/wiki/Turbidity

http://en.wikipedia.org/wiki/Total_suspended_solids

http://en.wikipedia.org/wiki/Electrical_Conductance

http://en.wikipedia.org/wiki/Temperature

http://en.wikipedia.org/wiki/Organic_chemistry

http://en.wikipedia.org/wiki/Filtration

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http://en.wikipedia.org/wiki/Solvation

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2. Chemical Indicators/ assessment pH Total Hardness, Hard water, TH = Permanent Hardness +

Temporary Hardness Dissolved oxygen (DO) Nitrate-N Orthophosphates Chemical oxygen demand (COD) Biochemical oxygen demand (BOD) Pesticides Heavy metals

3. Biological Indicators/ assessment Ephemeroptera, Plecoptera Trichoptera Escherichia Coli or E.Coli or E.coli Coliform

IV. WASTE MANAGEMENTWaste management is the collection, transport, processing or disposal,

managing and monitoring of waste materials. The term usually relates to materials produced by human activity, and the process is generally undertaken to reduce their effect on health, the environment or aesthetics. Waste management is a distinct practice from resource recovery which focuses on delaying the rate of consumption of natural resources. All wastes materials, whether they are solid, liquid, gaseous or radioactive fall within the remit of waste managementWaste management practices can differ for developed and developing nations, for urban and rural areas, and for residential and industrial producers.


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A. Methods of Disposal1. Landfill

When all the trucks arrive to the landfills, they first get separated into their proper place; disposing of waste in a landfill involves burying the waste, and this remains a common practice in most countries. Landfills were often established in abandoned or unused quarries, mining voids or borrow pits. A properly designed and well-managed landfill can be a hygienic and relatively inexpensive method of disposing of waste materials. Older, poorly designed or poorly managed landfills can create a number of adverse environmental impacts such as wind-blown litter, attraction of vermin, and generation of liquid leachate. Another common product of landfills is gas (mostly composed of methane and carbon dioxide), which is produced as organic waste breaks down anaerobically. This gas can create odor problems, kill surface vegetation, and is a greenhouse gas.

2. IncinerationIncineration is a disposal method in which solid organic wastes are

subjected to combustion so as to convert them into residue and gaseous products. This method is useful for disposal of residue of both solid waste management and solid residue from waste water management.This process reduces the volumes of solid waste to 20 to 30 percent of the original volume. Incineration and other high temperature waste treatment systems are sometimes described as "thermal treatment". Incinerators convert waste materials into heat, gas, steam and ash. Incineration is carried out both on a small scale by individuals and on a large scale by industry. It is used to dispose of solid, liquid and gaseous waste. It is recognized as a practical method of disposing of certain hazardous waste materials (such as biological medical waste). Incineration is a controversial method of waste disposal, due to issues such as emission of gaseous pollutants. Incineration is common in countries such as Japan where land is more scarce, as these


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facilities generally do not require as much area as landfills. Waste-to-energy (WtE) or energy-from-waste (EfW) are broad terms for facilities that burn waste in a furnace or boiler to generate heat, steam or electricity.

3. RecyclingRecycling is a resource recovery practice that refers to the collection

and reuse of waste materials such as empty beverage containers. The materials from which the items are made can be reprocessed into new products. Material for recycling may be collected separately from general waste using dedicated bins and collection vehicles are sorted directly from mixed waste streams and are known as kerb-side recycling, it requires the owner of the waste to separate it into various different bins (typically wheelie bins) prior to its collection.

4. SustainabilityOne way to do this is by shifting away from waste management

to resource recovery practices like recycling materials such as glass, food scraps, paper and cardboard, plastic bottles and metal.

5. Biological reprocessingRecoverable materials that are organic in nature, such as plant

material, food scraps, and paper products, can be recovered through composting and digestion processes to decompose the organic matter. The intention of biological processing in waste management is to control and accelerate the natural process of decomposition of organic matter.

6. Energy recoveryThe energy content of waste products can be harnessed directly by

using them as a direct combustion fuel, or indirectly by processing them into


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another type of fuel. Thermal treatment ranges from using waste as a fuel source for cooking or heating and the use of the gas fuel, to fuel for boilers to generate steam and electricity in a turbine. Pyrolysis and gasification are two related forms of thermal treatment where waste materials are heated to high temperatures with limited oxygen availability. The process usually occurs in a sealed vessel under highpressure.

7. Resource recoveryResource recovery (as opposed to waste management) uses LCA (life

cycle analysis) attempts to offer alternatives to waste management. For mixed MSW (Municipal Solid Waste) a number of broad studies have indicated that administration, source separation and collection followed by reuse and recycling of the non-organic fraction and energy and compost/fertilizer production of the organic material via anaerobic digestion to be the favoured path.

8. Avoidance and reduction methodsAn important method of waste management is the prevention of waste

material being created, also known as waste reduction. Methods of avoidance include reuse of second-hand products, repairing broken items instead of buying new, designing products to be refillable or reusable (such as cotton instead of plastic shopping bags), encouraging consumers to avoid using disposable products (such as disposable cutlery), removing any food/liquid remains from cans, packaging, and designing products that use less material to achieve the same purpose (for example, lightweighting of beverage cans).

B. TechnologiesTraditionally the waste management industry has been slow to adopt new

technologies such as RFID (Radio Frequency Identification) tags, GPS and integrated software packages which enable better quality data to be collected


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without the use of estimation or manual data entry.Technologies like RFID tags are now being used to collect data on presentation rates for curb-side pick-ups.Benefits of GPS tracking is particularly evident when considering the efficiency of ad hoc pick-ups (like skip bins or dumpsters) where the collection is done on a consumer request basis. Integrated software packages are useful in aggregating this data for use in optimisation of operations for waste collection operations. Rear vision cameras are commonly used for OH&S reasons and video recording devices are becoming more widely used, particularly concerning residential services.

C. Waste Management ConceptsThere are a number of concepts about waste management which vary in

their usage between countries or regions. Some of the most general, widely used concepts include: Waste hierarchy - The waste hierarchy refers to the "3

Rs" reduce, reuse and recycle, which classify waste management strategies according to their desirability in terms of waste minimization. The waste hierarchy remains the cornerstone of most waste minimization strategies. The aim of the waste hierarchy is to extract the maximum practical benefits from products and to generate the minimum amount of waste see: resource recovery.

Polluter pays principle - the Polluter Pays Principle is a principle where the polluting party pays for the impact caused to the environment. With respect to waste management, this generally refers to the requirement for a waste generator to pay for appropriate disposal of the unrecoverable material.

V. NATURAL RESOURCE MANAGEMENTNatural resource management refers to the management of natural

resources such as land, water, soil, plants and animals, with a particular focus on how management affects the quality of life, for both present and future generations


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(stewardship). Natural resource management deals with managing the way in which people and natural landscapes interact. It brings together land use planning, water management, biodiversity conservation, and the future sustainability of industries like agriculture, mining, tourism, fisheriesand forestry. It recognises that people and their livelihoods rely on the health and productivity of our landscapes, and their actions as stewards of the land play a critical role in maintaining this health and productivity. Natural resource management is also congruent with the concept of sustainable development, a scientific principle that forms a basis forsustainable global land management and environmental governance to conserve and preserve natural resources.

A. OWNERSHIP REGIME1. State Property Regime

Ownership and control over the use of resources is in hands of the state. Individuals or groups may be able to make use of the resources, but only at the permission of the state.

2. Private Property RegimeAny property owned by a defined individual or corporate entity. Both

the benefit and duties to the resources fall to the owner(s). Private land is the most common example.

3. Common Property RegimesIt is a private property of a group. The group may vary in size, nature

and internal structure e.g. indigenous tribe, neighbours of village. Some examples of common property are community forests and water resources.

4. Non-property Regimes (open access)It is said that "Everybody's property is nobody’s property". This

ownership regime is often linked to the tragedy of the commons.


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http://en.wikipedia.org/wiki/Sustainable_development

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5. Hybrid RegimesMany ownership regimes governing natural resources will contain parts

of more than one of the regimes described above, so natural resource managers need to consider the impact of hybrid regimes.

B. MANAGEMENT APPROACHES1. Regional or Community Based NRM

The community based NRM approach combines conservation objectives with the generation of economic benefits for rural communities. The three key assumptions being that: locals are better placed to conserve natural resources, people will conserve a resource only if benefits exceed the costs of conservation, and people will conserve a resource that is linked directly to their quality of life.

2. Adaptive Management

This approach includes recognition that adaption occurs through a process of ‘plan-do-review-act’. It also recognises seven key components that should be considered for quality natural resource management practice:

Determination of scale Collection and use of knowledge Information management Monitoring and evaluation Risk management Community engagement Opportunities for collaboration.

3. Integrated natural resource management (INRM)A process of managing natural resources in a systematic way, which

includes multiple aspects of natural resource use (biophysical, socio-political,


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and economic) meet production goals of producers and other direct users (e.g., food security, profitability, risk aversion) as well as goals of the wider community (e.g., poverty alleviation, welfare of future generations, environmental conservation). It focuses on sustainability and at the same time tries to incorporate all possible stakeholders from the planning level itself, reducing possible future conflicts. INRM is being used extensively and been successful in regional and community based natural management.

C. FRAMEWORKS AND MODELLLINGThere are various frameworks and computer models developed to assist

natural resource management.1. Geographic Information Systems (GIS)

GIS is a powerful analytical tool as it is capable of overlaying datasets to identify links. A bush regeneration scheme can be informed by the overlay of rainfall, cleared land and erosion.

2. Natural Resources Management Audit FrameworksThis audit framework builds from other established audit

methodologies, including performance audit, environmental audit and internal audit.

PRESIDENTIAL DECREE No. 1152

PHILIPPINE ENVIRONMENTAL CODE

WHEREAS, the broad spectrum of environment has become a matter of vital concern to the government;

WHEREAS, the national leadership has taken a step towards this direction by creating the National Environmental Protection Council under Presidential Decree No. 1121;


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WHEREAS, it is necessary that the creation of the Council be implemented with the launching of a comprehensive program of environmental protection and management;

WHEREAS, such a program can assume tangible and meaningful significance only by establishing specific environment management policies and prescribing environment quality standards in a Philippine Environment Code:

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and decree:

Section 1. Short Title. This Decree shall be known and cited as the "Philippine Environment Code."

TITLE IAIR QUALITY MANAGEMENT

Section 2. Purposes. The purposes of this Title are:

(a) to achieve and maintain such levels of air quality as to protect public health; and

(b) to prevent to the greatest extent practicable, injury and/or damage to plant and animal life and property, and promote the social and economic development of the country.

Chapter IStandards

Section 3. Ambient Air Quality Standards. There shall be established ambient air quality standards which shall prescribe the maximum concentration of air pollutants permissible in the atmosphere consistent with public health, safety and general welfare.

In the establishment of ambient air quality standards, factors such as local atmospheric conditions, location and land use, and available technology, shall be considered among others.

Section 4. National Emission Standards. There shall be established national emission standards for new and existing stationary and mobile sources of pollution which shall consider among others such factors as type of industry, practicable


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control technology available, location and land use, and the nature of pollutants emitted.

Section 5. Community Noise Standards. Appropriate standards for community noise levels shall be established considering, among others, location, zoning and land use classification.

Section 6. Standards for Noise-Producing Equipment. There shall be established a standard for noise producing equipment such as construction equipment, transportation equipment, stationary engines, and electrical or electronic equipment and such similar equipment or contrivances. The standards shall set a limit on the acceptable level of noise emitted from a given equipment for the protection of public health and welfare, considering among others, the magnitude and condition of use, the degree of noise reduction achievable through the application of best available technology and the cost of compliance.

The Installation of any noise-producing equipment shall conform with the requirements of Presidential Decree No. 1096 and other applicable laws as well as their implementing rules and regulations.

Section 7. Aircraft Emission and Sonic Booms. Appropriate government agencies shall encourage research studies on the harmful effects of aircraft emissions in the environment in order to establish permissible emission standards.

Research and studies shall also be undertaken to mitigate and/or minimize the effects of sonic booms in the environment.

Chapter IIRegulation and Enforcement

Section 8. Air Quality and Noise Standards. The National Pollution Control Commission in coordination with appropriate government agencies shall be responsible for the enforcement of ambient air quality emission and noise standards, including the monitoring and surveillance of air pollutants, licensing and permitting of air pollution control facilities, and the promulgation of appropriate rules and regulations.

Existing air quality emission and noise standards may be revised and/or modified consistent with new development and technology.

Section 9. Aircraft Noise. Community noise standards around airports shall be implemented by the Civil Aeronautics Administration in coordination with the National Pollution Control Commission.


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Section 10. Vehicular Emissions. The Land Transportation Commission, in coordination with the National Pollution Control Commission, shall implement emission standards for motor vehicles and may deputize other appropriate law enforcement agencies for the purpose.

Section 11. Radioactive Emissions. The release and emission of radioactivity into the environment incident to the establishment or possession of nuclear energy facilities and radioactive materials, handling, transport, production, storage, use and disposal of radioactive materials shall be regulated by the Philippine Atomic Energy Commission in coordination with other appropriate government agencies.

Chapter IIIMonitoring

Section 12. Air Quality Monitoring. The National Pollution Control Commission, in coordination with appropriate government agencies, shall establish to the greatest extent practicable an air quality monitoring network. Such air quality monitoring network shall put to maximum use the capabilities of these agencies.

The National Environmental Protection Council shall be furnished with the results of air quality monitoring activities.

Section 13. Weather Modification. The Philippine Atmospheric, Geophysical and Astronomical Services Administration shall monitor regularly meteorological factors affecting environmental conditions in order to effectively guide air pollution monitoring activities.

Activities relating to weather modification such as rainfall stimulation and storm seeding experiments shall be undertaken in consultation and/or in coordination with the Philippine Atmospheric, Geophysical and Astronomical Service Administration.

TITLE IIWATER QUALITY MANAGEMENT

Section 14. Purpose. It is the purpose of this Title to prescribe management guidelines aimed to protect and improve the quality of Philippine water resources through:

(a) classification of Philippine waters;

(b) establishment of water quality standards;

(c) protection and improvement of the quality of the Philippine water resources, and


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(d) responsibilities for surveillance and mitigation of pollution incidents.

Chapter IClassification and Standards

Section 15. Classification of Philippine Waters. The National Pollution Control Commission, in coordination with appropriate government agencies, shall classify Philippine waters, according to their best usage. In classifying said waters, the National Pollution Control Commission shall take into account, among others, the following:

(a) the existing quality of the body of water at the time of classification;

(b) the size, depth, surface area covered, volume, direction, rate of flow, gradient of stream; and

(c) the most beneficial uses of said bodies of water and lands bordering them for residential, agricultural, commercial, industrial, navigational, recreational, and aesthetic purposes.

Section 16. Reclassification of Waters Based on Intended Beneficial Use. Where the public interest so requires, the National Pollution Control Commission, in coordination with appropriate government agencies, shall reclassify a body of water based on the intended beneficial use and take such steps as may be necessary to upgrade the quality of said water. Other government agencies may adopt higher standards for a particular body of water, subject to the approval of the National Pollution Control Commission.

Section 17. Upgrading of Water Quality. Where the quality of water has deteriorated to a degree where its state will adversely affect its best usage, the government agencies concerned shall take such measures as may be necessary to upgrade the quality of such water to meet the prescribed water quality standards.

Section 18. Water Quality Standards. The National Pollution Control Commission shall prescribe quality and effluent standards consistent with the guidelines set by the National Environmental Protection Council and the classification of waters prescribed in the preceding sections, taking into consideration, among others, the following:

(a) the standard of water quality or purity may vary according to beneficial uses; and

(b) the technology relating to water pollution control.


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Chapter IIProtection and Improvement of Water Quality

Section 19. Enforcement and Coordination. The production, utilization, storage and distribution of hazardous, toxic and other substances such as radioactive materials, heavy metals, pesticides, fertilizers, and oils, and the disposal, discharge and dumping of untreated wastewater, mine tailings and other substances that may pollute any body of water of the Philippines resulting from normal operations of industries, water-borne sources, and other human activities as well as those resulting from accidental spills and discharge shall be regulated by appropriate government agencies pursuant to their respective charters and enabling legislations. In the performance of the above functions, the government agencies concern shall coordinate with the National Environmental Protection Council and furnish the latter with such information as may be necessary to enable it to attain its objectives under Presidential Decree No. 1121.

Section 20. Clean-up Operations. It shall be the responsibility of the polluter to contain, remove and clean up water pollution incidents at his own expense. In case of his failure to do so, the government agencies concerned shall undertake containment, removal and clean-up operations and expenses incurred in said operations shall be charged against the persons and/or entities responsible for such pollution.

Section 21. Water Quality Monitoring and Surveillance. The various government agencies concerned with environmental protection shall establish to the greatest extent practicable a water quality surveillance and monitoring network with sufficient stations and sampling schedules to meet the needs of the country. Said water quality surveillance network shall put to maximum use the capabilities of such government agencies. Each agency involved in such network shall report to the National Environmental Protection Council the results of these monitoring activities as the need arises.

TITLE IIILAND USE MANAGEMENT

Section 22. Purpose. The purposes of this Title are:

(a) to provide a rational, orderly and efficient acquisition, utilization and disposition of land and its resources in order to derive therefrom maximum benefits; and

(b) to encourage the prudent use and conservation of land resources in order to prevent and imbalance between the nation's needs and such resources.


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Section 23. National Land Use Scheme. The Human Settlements Commission, in coordination with the appropriate agencies of the government, shall formulate and recommend to the National Environmental Protection Council a land use scheme consistent with the purpose of this Title.

The Land Use Scheme shall include among others, the following:

(a) a science-based and technology-oriented land inventory and classification system;

(b) a determination of present land uses, the extent to which they are utilized, underutilized, rendered idle or abandoned;

(c) a comprehensive and accurate determination of the adaptability of the land for community development, agriculture, industry, commerce and other fields of endeavor;

(d) a method of identification of areas where uncontrolled development could result in irreparable damage to important historic, cultural, or aesthetic values, or natural systems or processes of national significance;

(e) a method for exercising control by the appropriate government agencies over the use of land in areas of critical environmental concern and areas impacted by public facilities including, but not limited to, airports, highways, bridges, ports and wharves, buildings and other infrastructure projects;

(f) a method to ensure the consideration of regional development and land use in local regulations;

(g) policy for influencing the location of new communities and methods for assuring appropriate controls over the use of land around new communities;

(h) a system of controls and regulations pertaining to areas and development activities designed to ensure that any source of pollution will not be located where it would result in a violation of any applicable environmental pollution control regulations; and

(i) a recommended method for the periodic revisions and updating of the national land use scheme to meet changing conditions.

Section 24. Location of Industries. In the location of industries, factories, plants, depots and similar industrial establishments, the regulating or enforcing agencies of the government shall take into consideration the social, economic, geographic and significant environmental impact of said establishments.


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TITLE IVNATURAL RESOURCES MANAGEMENT AND CONSERVATION

Section 25. Purposes. The purposes of this Title are:

(a) to provide the basic policy on the management and conservation of the country's natural resources to obtain the optimum benefits therefrom and to preserve the same for the future generations; and

(b) to provide general measures through which the aforesaid policy may be carried out effectively.

Chapter IFisheries and Aquatic Resources

Section 26. Management Policy. The National government, through the Department of Natural Resources, shall establish a system of rational exploitation of fisheries and aquatic resources within the Philippine territory and shall encourage citizen participation therein to maintain and/or enhance the optimum and continuous productivity of the same.

Section 27. Measures for National Exploitation. Measures for the national exploitation of fisheries and other aquatic resources may include, but shall not be limited to, the following:

(a) undertaking manpower and expertise development;

(b) acquiring the necessary facilities and equipment;

(c) regulating the marketing of threatened species of fish or other aquatic resources;

(d) reviewing all existing rules and regulations on the exploitation of fisheries and aquatic resources with a view of formulating guidelines for the systematic and effective enforcement thereof; and

(e) conserving the vanishing species of fish and aquatic resources such as turtles, sea snakes, crocodiles, corals, as well as maintaining the mangrove areas, marshes and inland waters, coral reef-areas and islands serving as sanctuaries for fish and other aquatic life.

Chapter IIWildlife


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Section 28. Management Policy. The national government through the Department of Natural Resources, shall establish a system of rational exploitation and conservation of wildlife resources and shall encourage citizen participation in the maintenance and/or enhancement of their continuous productivity.

Section 29. Measures for Rational Exploitation. Measures for rational exploitation of wildlife resources may include, but shall not be limited to, the following:

(a) regulating the marketing of threatened wildlife resources.

(b) reviewing all existing rules and regulations on the exploitation of wildlife resources with a view of formulating guidelines for the systematic and effective enforcement thereof; and

(c) conserving the threatened species of fauna, increasing their rate of reproduction, maintaining their original habitat, habitat manipulation, determining bag/creel limits, population control in relation to the carrying capacity of any given area, banning of indiscriminate and/or destructive means of catching or hunting them.

Chapter IIIForestry and Soil Conservation

Section 30. Management Policy for Forestry. The national government, through the Department of Natural Resources, shall undertake a system of rational exploitation of forest resources and shall encourage citizen participation therein to keep the country's forest resources at maximum productivity at all time.

Section 31. Measures for Rational Exploitation of Forest Resources. Measures for the rational exploitation of forest resources may include, but shall not be limited to, the following:

(a) regulating the marketing of threatened forest resources;

(b) reviewing all existing rules and regulations on the exploitation of forest resources with a view of formulating guidelines for the systematic and efficient enforcement thereof;

(c) conserving threatened species of flora as well as increasing their rate of propagation; the banning of destructive modes of exploitation, kaingin making or shifting cultivation, indiscriminate harvesting of minor forest products the recycling methods of waste materials, and


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(d) carrying out a continuing effect on reforestation; timber stand improvement; forest protection; land classification; forest occupancy management; agri-silviculture; range management; agri-silvicultural/kaingin management; industrial tree plantation; parks and wildlife management; multiple use forest; timber management and forest research.

Section 32. Use of Fertilizers and Pesticides. The use of fertilizers and pesticides in agriculture shall be regulated prescribing therefor a tolerance level in their use. Their use shall be monitored by appropriate government agencies to provide empirical data for effective regulation.

Section 33. Management Policy on Soil Conservation. The national government, through the Department of Natural Resources and the Department of Agriculture, shall likewise undertake a soil conservation program including therein the identification and protection of critical watershed areas, encouragement of scientific farming techniques, physical and biological means of soil conservation, and short-term and long-term researches and technology for effective soil conservation.

Chapter IVFlood Control and Natural Calamities

Section 34. Measures in Flood Control Program. In addition to the pertinent provisions of existing laws, the following shall be included in a soil erosion, sediment and flood control program;

(a) the control of soil erosion on the banks of rivers, the shores of lakes, and the seashores;

(b) the control of flow and flooding in and from rivers and lakes;

(c) the conservation of water which, for purposes of this Section shall mean forms of water, but shall not include captive water;

(d) the needs of fisheries and wildlife and all other recreational uses of natural water;

(e) measures to control the damming, diversion, taking, and use of natural water, so far as any such act may affect the quality and availability of natural water for other purposes; and

(f) measures to stimulate research in matters relating to natural water and soil conservation and the application of knowledge thereby acquired.


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Section 35. Measures to Mitigate Destructive Effects of Calamities. The national government, through the Philippine Atmospheric, Geophysical and Astronomical Services Administration, shall promote intensified and concerted research efforts on weather modification, typhoon, earthquake, tsunami, storm surge, and other tropical natural phenomena in order to bring about any significant effect to mitigate or prevent their destructive effects.

Chapter VEnergy Development

Section 36. Policy. Consistent with the environmental protection policies, the national government, through the Energy Development Board, shall undertake an energy development program encouraging the utilization of invariant sources such as solar, wind and tidal energy.

Section 37. Measures for Energy Development. Measures for energy development program may include, but shall not be limited to, the following:

(a) setting up of pilot plants utilizing invariant sources of energy;

(b) training of technical personnel for purposes of energy development; and

(c) conducting researches aimed at developing technology for energy development.

Section 38. Safety Measures on Energy Development. Rules and regulations shall be promulgated to prevent or mitigate the adverse effects of energy development on the environment. For this purpose, all nuclear powered plants exploring and utilizing geothermal energy, whether owned or controlled by private or government entities shall:

(a) observe internationally accepted standards of safety; and

(b) provide safety devices to ensure the health and welfare of their personnel as well as the surrounding community.

Chapter VIConservation and Utilization of Surface and Ground Waters

Section 39. Management Policy. In addition to existing laws, the national government through the National Water Resources Council in coordination with other appropriate government agencies, shall prescribe measures for the


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conservation and improvement of the quality of Philippine water resources and provide for the prevention, control and abatement of water pollution.

Chapter VIIMineral Resources

Section 40. Management Policy. - The national government, through the Department of Natural Resources, shall undertake a system of gainful exploitation and rational and efficient utilization of mineral resources and shall encourage citizen participation in this endeavor.

Section 41. Measures for Exploitation and Utilization of Mineral Resources. Measures for the gainful exploitation and rational and efficient utilization of such mineral resources may include, but shall not be limited to the following:

(a) increasing research and development in mineral resources technology;

(b) training of additional technical manpower needed in geology, geophysics, mining engineering, and related fields;

(c) regulating the exploitation of identified mineral reserves;

(d) accelerating the exploration of undiscovered mineral deposits; and

(e) encouraging the establishment of processing plants for refined metals.

TITLE VWASTE MANAGEMENT

Section 42. Purpose. The purposes of this Title are:

(a) to set guidelines for waste management with a view to ensuring its effectiveness;

(b) to encourage, promote and stimulate technological, educational economic and social efforts to prevent environmental damage and unnecessary loss of valuable resources of the nation through recovery, recycling and re-use of wastes and waste products; and

(c) to provide measures to guide and encourage appropriate government agencies in establishing sound, efficient, comprehensive and effective waste management.


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Chapter IEnforcement and Guidelines

Section 43. Waste Management Programs. Preparation and implementation of waste management program shall be required of all provinces, cities and municipalities. The Department of Local Government and Community Development shall promulgate guidelines for the formulation and establishment of waste management programs.

Every waste management program shall include the following:

(a) an orderly system of operation consistent with the needs of the area concerned;

(b) a provision that the operation will not create pollution of any kind or will constitute public nuisance;

(c) a system for a safe and sanitary disposal of waste;

(d) a provision that existing plans affecting the development, use and protection of air, water or natural resources shall be considered;

(e) schedules and methods of implementing the development, construction and operation of the plan together with the estimated costs; and

(f) a provision for the periodic revision of the program to ensure its effective implementation.

Section 44. Responsibility of Local Governments. Each province, city or municipality shall provide measures to facilitate the collection, transportation, processing and disposal of waste within its jurisdiction in coordination with other government agencies concerned. For this purpose, the national government shall provide the necessary subsidy, to local governments upon request made through the National Environmental Protection Council and subject to such terms and conditions as the latter may provide.

Chapter IIMethods of Solid Waste Disposal

Section 45. Solid Waste Disposal. Solid Waste disposal shall be by sanitary landfill, incineration, composing, and other methods as may be approved by competent government authority.


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Section 46. Sanitary Landfills. Local governments, including private individuals, corporations or organizations may operate one or more sanitary landfills. Any entity proposing to operate a sanitary landfill shall submit to the appropriate government agency an operational work plan showing, among other things, a map of the proposed work location, disposal areas for rubbish, garbage, refuse and other waste matter; and the equipment or machinery needed to accomplish its operations. In no case shall landfill or work locations under this Section be located along any shore or coastline, or along the banks of rivers and streams. lakes throughout their entire length, in violation of any existing rules and regulations.

Section 47. Incineration and Composting Plants. The installation and establishment of incineration or composting plants, or the alteration/modification of any part thereof shall be regulated by the local governments concerned in coordination with the National Pollution Control Commission.

Section 48. Disposal Sites. The location of solid waste disposal sites shall conform with existing zoning; land use standards, and pollution control regulations.

Section 49. Dumping into the Sea and Other Navigable Waters. The dumping or disposal of solid wastes into the sea and any body of water in the Philippines, including shorelines and river banks, where these wastes are likely to be washed into the water is prohibited. However, dumping of solid wastes or other materials into the sea or any navigable waters shall be permitted in case of immediate or imminent danger to life and property, subject to the rules and regulations of the Philippine Coast Guard and the National Pollution Control Commission.

Government agencies and private entities which are undertaking solid waste management programs shall make consultations with the government agencies concerned with respect to the effects of such dumping to the marine environment and navigation.

Chapter IIIMethods of Liquid Waste Disposal

Section 50. Liquid Waste Disposal. Wastewater from manufacturing plants, industries, community, or domestic sources shall be treated either physically, biologically or chemically prior to disposal in accordance with the rules and regulations promulgated by proper government authority.

Section 51. Applicability of Sec. 8. The provisions of Sec. 8 hereof shall likewise apply to the dumping or disposal of liquid waste into the sea and other bodies of water.


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TITLE VIMISCELLANEOUS PROVISIONS

Section 52. Population-Environment Balance. In the assessment of development projects, the National Environmental Protection Council, hereinafter referred to in this Title as the "Council" shall take into consideration their effect on population with a view to achieving a rational and orderly balance between man and his environment.

Section 53. Environmental Education. The Department of Education and Culture shall integrate subjects on environmental education in its school curricula at all levels. It shall also endeavor to conduct special community education emphasizing the relationship of man and nature as well as environmental sanitation and practices.

The Council and other government agencies implementing environmental protection laws in coordination with public information agencies of the government shall undertake public information activities for the purpose of stimulating awareness and encouraging involvement in environmental protection.

Section 54. Environmental Research. The Council shall undertake and/or promote continuing studies and research programs on environmental management and shall, from time to time, determine priority areas of environmental research.

Section 55. Monitoring and Dissemination of Environmental Information of Foreign Origin. The Council shall keep itself informed of current environmental developments by obtaining information and literature from foreign sources through the Department of Foreign Affairs, government agencies and other entities, both domestic and foreign. Such information and literature shall be given the widest dissemination possible.

Section 56. Incentives. To operate the installation and the utilization of pollution control facilities, the following incentives are hereby granted:

(a) exemption to the extent of fifty (50) per cent of tariff duties and compensating tax for the importation of pollution control equipment, devices, spare parts and accessories for a period of five (5) years from the effectivity of this Decree subject to the conditions that will be imposed by the Council.

(b) a tax credit equivalent to fifty (50) per cent of the value of the compensating tax and tariff duties that would have been paid on the pollution control equipment, devices, spare parts and accessories had these items been imported shall, within a period of seven (7) years from the effectivity of this Decree be given to the person or firm who or which purchases them from


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a domestic manufacturer, and another tax credit equivalent to twenty-five (25) per cent thereof shall be given to the said manufacturer subject to such conditions as may be imposed by the Council; and

(c) deductions equivalent to fifty (50) per cent of the expenses actually incurred on research projects undertaken to develop technologies for the manufacture of pollution control equipment which have been proven effective and commercially reproducible, from the taxable income of the person or firm actually undertaking such projects subject to the conditions that may be imposed by the Council.

The pollution control equipment, devices, spare parts and accessories acquired under this Section shall not be sold, transferred or disposed of within five (5) years from the date of acquisition without the prior approval of the Council otherwise the importer or purchaser shall pay twice the amount of the tax exemption or tax credit granted.

Section 57. Financial Assistance/Grant. Financial assistance/grant for the study, design and construction of environmental protection facilities especially for waste disposal in favor of cities, municipalities, small and medium-scale industries may be granted on a case to case basis subject to such conditions as may be imposed by the Council.

Section 58. Participation of Local Government Units and Private Individuals. It shall be the responsibility of local government units as well as private individuals to actively participate in the environmental management and protection programs of the government.

Section 59. Preservation of Historic and Cultural Resources and Heritage. It shall be the duty of every person to help preserve the historic and cultural resources of the country such as sites, structures, artifacts, documents, objects, memorials and priceless trees.

Section 60. Government Offices Performing Environmental Protection Functions. Government agencies vested by law to exercise environmental management powers, shall continue to function as such within their respective jurisdictions. The Council may, however, in the exercise of its powers and functions under Presidential Decree No. 1121, inquire into any action or issue of environmental significance.

Section 61. Public Hearings. The Council may, whenever it deems necessary, conduct public hearings on issues of environmental significance.

Section 62. Definition of Terms. As used in this Code:


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(a) "Ambient Air Quality" means the average atmospheric purity as distinguished from discharge measurements taken at the source of pollution. It is the general amount of pollution present in a broad area.

(b) "Emission" means the act of passing into the atmosphere an air contaminant, pollutant, gas stream and unwanted sound from a known source.

(c) "Water Quality" means the characteristics of water which define its use in terms of physical, chemical and biological contents; hence the quality of water for domestic use is different from industrial use.

(d) "Water Quality Surveillance" means a close and continuous supervision of the water quality to detect development movements or changes in the characteristics of the water.

(e) "Water Quality Standard" means a plan that is established by governmental authority as a program for water pollution prevention and abatement. Such a standard may include water use classification and the criteria to support the uses of the water.

(f) "Effluent Standards" means restrictions established to limit levels of concentration of physical, chemical and biological constituents which are discharged from point sources.

(g) "Clean-up Operations" refers to activities conducted in removing the pollutants discharged or spilled in water to restore it to pre-spill condition.

(h) "Accidental Spills" refers to spills of oil or other hazardous substances in water that result from accidents involving the carriers of such substance such as collisions and grounding.

(i) "Areas of Critical Environmental Concern" are areas where uncontrolled development could result in irreparable damage to important historic, cultural, or aesthetic values or natural systems or processes of national significance.

(j) "Hazardous Substances" means elements or compounds which when discharged in any quantity present imminent or substantial danger to public health and welfare.

(k) "Areas Impacted by Public Facilities" refers to areas where the introduction of public facilities may tend to induce development and urbanization of more than local significance or impact.


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(l) "Environmental Impact" is the alteration, to any degree, of environmental conditions or the creation of a new set of environmental conditions, adverse or beneficial, to be induced or caused by a proposed project.

(m) "Government Agencies" refers to national, local and regional agencies and instrumentalities including government-owned and controlled corporations.

TITLE VIIFINAL PROVISIONS

Section 63. Separability of Provisions. If any provision of this Code, or the application of such provisions to any person or circumstance, is declared unconstitutional, the remainder of the Code or the application of such provision to other persons or circumstances shall not be affected by such declaration.

Section 64. Effectivity. This Code shall take effect upon its approval.

Done in the City of Manila, this 6th day of June in the year of Our Lord, nineteen hundred and seventy-seven


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RA 6969: Toxic substances, Hazardous and Nuclear Waste Act of 1990

RA 6969: Toxic Substances, hazardous and Nuclear

Waste Act of 1990


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DENR ADMINISTRATIVE ORDERNo. 29

Series 1992

Subject:IMPLEMENTING RULES AND REGULATIONS OF

REPUBLIC ACT 6969

Pursuant to provisions of Section 16, Republic Act 6969, otherwise known as “Toxic Substances

and Hazardous and Nuclear Wastes Control Act of 1990”, the Department of Environment and

Natural Resources hereby adopts and promulgates the following Rules and Regulations:

Title I. General Provisions and Administrative Procedures

Chapter I

General Provisions

Section 1. Title. These Rules and Regulations shall be known as the Implementing Rulesand Regulations of Republic Act 6969.

Section 2. Declaration of Policy. It is the policy of the State to regulate, restrict or prohibit


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the importation, manufacture, processing, sale, distribution, use and disposal of chemicalsubstances and mixtures that present unreasonable risk and/or injury to health or theenvironment; to prohibit the entry, even in transit, of hazardous and nuclear wastes and theirdisposal into Philippine territorial limits for whatever purpose; and to provide advancement andfacilitate research and studies on toxic chemicals and hazardous and nuclear wastes.

Section 3. Scope. These Rules and Regulations shall cover the importation, manufacture,processing, handling, storage, transportation, sale, distribution, use and disposal of allunregulated chemical substances and mixtures in the Philippines including the entry, even intransit, as well as the keeping or storage and disposal of hazardous and nuclear wastes into thecountry for whatever purpose.

Section 4. Construction. These Rules and Regulations shall be liberally construed tocarry out the national policy to regulate, restrict or prohibit the importation, manufacture,processing, sale, distribution, use and disposal of chemical substance and mixtures that present


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unreasonable risk and/or injury to health or the environment; to prohibit the entry, even intransit, of hazardous and nuclear wastes and their disposal into the Philippine territorial limits forwhatever purpose and to provide advancement and facilitate research and studies on toxicchemicals and hazardous and nuclear wastes.

Section 5. Administrative and Enforcement. These Rules and Regulations shall beadministered by the Secretary or his duly authorized representative or through any otherdepartment, bureau, office, agency, state university or college and other instrumentalities of thegovernment for assistance in the form of personnel, facilities and other resources as the needarises in the discharge of its functions.

Section 6. Definitions. The following words and phrases when used in these Rules andRegulations shall, unless the context clearly indicates otherwise, have the following meanings:

1.“CAS” means Chemical Abstracts Service, a uniquely identifying number of adoptedinternationally which permits one to generate toxicological information from a computer


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base.

2.“Chemical Substance” means any organic or inorganic substance of a particularmolecular identity excluding radioactive materials and includes – any element oruncombined chemical; and any combination of such substances; or any mixture of twoor more chemical substances.

3."Chemical mixture" means any combination of two or more chemical substances if thecombination does not occur in nature and is not, in whole or in the past, the result ofchemical reaction, if none of the chemical substances and if the combination could havebeen manufactured for commercial purposes without a chemical reaction at the time thechemical substances comprising the combination were combined. This shall includenonbiodegradable mixtures.

4.“Department” means the Department of Environment and Natural Resources.


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5.“Environmental Protection Officer” means an officer appointed or deputized by theSecretary to execute the provisions of these Rules and Regulations subject toconditions, limitations or restrictions as prescribed by the Secretary.

6.“Hazardous substances” are substances which present either:

a)short-term acute hazards such as acute toxicity by ingestion, inhalation or skinabsorption, corrosivity or other skin or eye contact hazard or the risk of fire orexplosion;

b)long-term environmental hazards, including chronic toxicity upon repeatedexposure, carcinogenicity (which may in some case result from acute exposurebut with a long latent period, resistance to detoxification process such asbiodegradation, the potential to pollute underground or surface waters, oraesthetically objectionable properties such as offensive odors.

7.“Hazardous wastes” are substances that are without any safe commercial, industrial,agricultural or economic usage and are shipped, transported or brought from the country


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of origin for dumping or disposal into or in transit through any part of the territory of thePhilippines.“Hazardous wastes” shall also refer to by-products , side-products, process residues,spent reaction media, contaminated plant or equipment or other substances frommanufacturing operations and as consumer discards of manufactured products whichpresent unreasonable risk and/or injury to health and safety and to the environment.

8. "Importation" means the entry of a product or substance into the Philippines (throughthe seaports or airports of entry) after having been properly cleared through or still remaining under customs control, the product or substance of which is intended fordirect consumption, merchandising, warehousing, for further processing.

9. “Inert waste” means any waste that, when placed in a landfill is reasonably expectednot to undergo any physical, chemical, and/or biological changes to such an extent as tocause pollution or hazard to public health and safety.

10. “ New Chemicals” means any chemical substance imported into or manufactured in the


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country after December 31, 1993 and which are not included in the Philippine Inventoryof Chemicals and Chemical Substances as published by the Department.

11."Nuclear wastes" are hazardous wastes made radioactive by exposure to the radiationincidental to the production or utilization of nuclear fuels but does not include nuclearfuel, or radioisotopes which have reached the final stage of fabrication so as to beusable for any scientific, medical, agricultural, commercial, or industrial purpose.

12."Manufacture" means the mechanical or chemical transformation of substances intonew products whether work is performed by power-driven machines or by hand, whetherit is done in a factory or in the worker’s home, and whether the products are sold atwholesale or retail.

13.“Occupier” is one who must have a license to accept, produce, generate, store, treat,recycle, reprocess, process, manufacture or dispose of hazardous waste.

14.“Permit” means a legal authorization to engage in or conduct any or all of the following


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activities for:a .Toxic chemicals – importation, storage, manufacture, processing, selling,transport and disposalb .Hazardous wastes – storage, treatment, transport, export, processing,reprocessing, recycling and disposal

c .Hazardous materials – importation or exportation

15. “Person” or “persons” includes any being, natural or juridical, susceptible of rights andobligations or of being the subject of legal relations.

16. “Pollution” means any alteration of the physical, chemical, biological properties of anywater, air and/or and resource of the Philippines, or any discharge thereto of any liquid,gaseous or solid waste, or any production of unnecessary noise, or any emission ofobjectionable odor, as will or is likely to create or to render such water, air and/or landresources harmful, detrimental or injurious to public health, safety or welfare, or whichwill adversely affect their utilization for domestic, industrial, agricultural, recreational orother legitimate purposes.

17. “Premises” shall include but not limited to:


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a) building or part of a building;b) a tent, stall or other structure whether permanent or temporary;c) land;d) vehicle;e)boat or ship

18. "Process" means the preparation of a chemical substance or mixture after itsmanufacture for commercial distribution:

i) In the same form or physical state or in a different form or physical state from that

which it was received by the person so preparing such substance or mixture; or

ii) As part of an article containing a chemical substance or mixture.

19. “Secretary” means the Secretary of the Department of Environment and NaturalResources.

20. “Transport” includes conveyance by air, water and land.

21. “Waste generator” means a person who generates or produces, through any


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commercial, industrial or trade activities, hazardous wastes.

22. “Waste transporter” means a person who is licensed to treat, store, recycle, or disposeof hazardous wastes.

23.“Waste treater” means a person who is licensed to treat, store, recycle, or dispose ofhazardous wastes.

24. “Unreasonable risk” means expected high frequency of undesirable effects or adverseresponses arising from a given exposure to a substance.Chapter II

Administrative Provision

Section 7. Powers and Functions of the Department of Environment and NaturalResources. The Department of Environment and Natural Resources shall be tasked with thefollowing functions, powers and responsibilities:

a) To keep an updated inventory of chemicals that are presently beingmanufactured or used, indicating among others, their existing and possible uses,


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quantity, test data, names of firms manufacturing or using them, and such otherinformation as the Secretary may consider relevant to the protection of healthand the environment;

b) To require chemical substances and mixtures that present unreasonable risk or

injury to health or to the environment to be tested before they are manufacturedor imported for the first time;

c) To require chemical substances and mixtures which are presently being

manufactured or processed to be tested if there is reason to believe that theypose unreasonable risk or injury to health and the environment;

d) To evaluate the characteristics of chemicals that have been tested to determine

their toxicity and the extent of their effects on health and the environment;

e) To enter into contracts and make grants for research, development and

monitoring of chemical substances and mixtures;

f) To conduct inspection of any establishment in which chemicals are


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manufactured, processed, stored or held before or after their commercialdistribution and to make recommendations to the proper authorities concerned;

g) To confiscate or impound chemicals found not falling within the standards set by

these Rules and Regulations and the said acts cannot be enjoined except afterthe chemicals have been impounded;

h) To monitor and prevent the entry, even in transit, of hazardous and nuclear

wastes and their disposal into the country;

i)To subpoena witnesses and documents and to require other information ifnecessary to carry out the provisions of this Act;

j) To call on any department, bureau, office, agency, state university or college,and other instrumentalities of the Government for assistance in the form ofpersonnel, facilities and other resources as the need arises in the discharge of itsfunctions;

k)To disseminate information and conduct educational awareness campaign on the


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effects of chemical substances, mixtures and wastes on health and environment;and

l)To exercise such powers and perform such other functions as may be necessaryto carry out its duties and responsibilities under RA 6969.

Section 8. Delegation of Powers and Functions of the Secretary

1.The Secretary may appoint and/or deputize officers subject to conditions, limitations orrestrictions as may be prescribed by him.2.The Secretary may delegate his powers to:a.conduct inspection of any establishment in which chemicals are manufactured,processed, stored or held before or after their commercial distribution and tomake recommendations to the proper authorities concerned;b. conduct inspection of any premises in which hazardous wastes are beinggenerated, stored, processed, reprocessed, recycled, treated and/or disposed ofand to make recommendations to the proper authorities;c. stop, detain, inspect, examine and remove to some suitable place for inspection


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and examination any vehicle or boat that is believed to being or likely to be usedfor the transport of chemical substances and hazardous and nuclear wastessubject to pertinent provisions of these Rules and Regulations;

d. monitor and prevent the entry, even in transit, of hazardous and nuclear wastesand their disposal into the country;e. subpoena witnesses and documents and to require other information ifnecessary to carry out the provisions of these Rules and Regulations.3. The Secretary may, by notice, amend or revoke the:a. delegated authorities previously granted under Section 8(2) of these Rules andRegulations; andb. appointed of an Environmental Protection Officer.Section 9. Duties and Responsibilities of an Environmental Protection Officer. AnEnvironmental Protection Officer shall have the following duties and responsibilities:

a. To make such examination or inquiry as is necessary to determine whether theseRules and Regulations are being complied with.b.To enter any premises in which he reasonably believes that chemical substanceor hazardous waste are being used, manufactured, stored, processed,reprocessed, generated, treated, transported or disposed of and may –


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i.without payment take or require the occupier or person in charge of thepremises or person in possession of any chemical substance to give theEnvironmental Protection Officer samples of the chemical substance forexamination and testing subject to pertinent provisions of these Rules andRegulations.ii.require the production of any relevant documents and inspect, examineand make copies of or extracts from them or remove them to make acopy of extract; andiii.take such photographs or audio or visual recordings as he considersnecessary.c.To stop, detain, inspect, examine and remove to some suitable place forinspection and examination any vehicle or boat that he believes is being or likelyto be used for the transport of chemical substances and hazardous wasteswithout the necessary permit from the Department.

d.To require a person found committing an offense under these Rules andRegulations to state the person’s full name and address.

e.To exercise such other duties and responsibilities as may be authorized by theSecretary.


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Section 10. Confiscation, Impoundment and Imposition of Administrative Fines. Uponreceipt of a report from a duly authorized inspector or upon a verified complaint from a privateperson, the Secretary or his duly authorized representative shall order an investigation or inquiryin such a manner as he may determine on the alleged violation of any of the provision of RA6969 and these Rules and Regulations. If after investigation there appears to be a violation ofany of the provisions of RA 6969 or these Rules and Regulations, the Secretary or his dulyauthorized representative shall issue summons informing respondent/s of nature of chargesagainst him and requiring the said respondent or respondents to appear before him or his dulydesignated representative for a conference for the purpose of determining whether an Order forconfiscation or impoundment or fine should be issued.

Section 11. Ex-Parte Order of Confiscation or Impoundment. Whenever the Secretary orhis duly authorized representative finds a prima facie evidence that the violation presentsunreasonable risk and/or injury to health or the environment, the Secretary or his duly


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authorized representative may issue an Ex-Parte Order of confiscation or impoundment,provided that the respondent files his Motion for Reconsideration within ten (10) days from dateof confiscation or impoundment which Motion for Reconsideration shall be resolved withinfifteen (15) days from receipt of the same.

Chapter III

Inter-Agency Technical Advisory Council

Section 12. Composition of the Inter-Agency Technical Advisory Council. Theinteragency Technical Advisory Council shall be composed of the following officials or their dulyauthorized representatives:

Secretary of Environment and Natural Resources Chairman

Secretary of Health Member

Secretary of Trade and Industry Member

Secretary of Science and Technology Member

Secretary of National Defense Member


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Secretary of Foreign Affairs Member

Secretary of Labor and Employment Member

Secretary of Finance Member

Secretary of Agriculture Member

Secretary of Philippine Nuclear Research Institute Member

Representative from non-governmental organizationsOn health and safety Member

The representative from the non-governmental organization shall be appointed by thePresident for a term of three (3) years.

Section 13. Functions of the Council. The Council shall have the following functions:

a.To assist the Department in the formulation of these rules and regulations for theeffective implementation of RA 6969;b.To assist the Department in the preparation and updating of the inventory ofchemical substances and mixtures that fall within the coverage of RA 6969;


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c.To conduct preliminary evaluation of the characteristics of chemical substancesand mixtures to determine their toxicity and effects on health and theenvironment and make the necessary recommendations to the Department; andd.To perform such other functions as the Secretary may, from time to time, require.Title II. Toxic Chemical Substances

Chapter IV

Inventory of Chemical Substances

Section 14. Chemical Substances Inventory

1.The Secretary or his duly authorized representative shall cause the keeping, updating,compilation and maintenance of an inventory of chemical substances which are stored,imported, exported, used, processed, manufactured or transported.2.The inventory shall contain such information that the Secretary or his duly authorized


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representative considers to be relevant to the protection of health and the environment.3.The Secretary or his duly authorized representative shall cause the release of anupdated listing of the inventory comprising the chemical substance’s name and its CASnumberSection 15. Pre-manufacturing And Pre-Importation Data Requirements

1.The desired information for a nomination of a chemical substance under Section 16 andthe required information for a notification of a chemical substance under Section 17 shallcomprise –a. its proper chemical name;b. its trade name or names;c. its chemical and molecular structure;d. its CAS number;e. its RTECS number (if available)f. its United Nations number (if applicable)g. its United Nations class and subsidiary risk category (if applicable);h. the following physical characteristics (if applicable) –i. boiling point;ii. melting point;iii. specific gravity;


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iv. vapor pressure;v. appearance;vi. odor;vii. purity; andviii. water/octanol partition coefficient;i. the following chemical properties (if applicable)i. solubility in water; andii. solubility in an organic solvent;j. the following toxicological data (if applicable) –i. measured lethal dose (median) in two species;ii. measured lethal concentration (median) in two species;iii. results of an irritation test on the skin and eyes of species;iv. results of a short-term sub-lethal toxicity test on one speciesk. any recommended time weighted exposure average (eight hour working day);l. its flash point measured under close cup conditions;m. its upper and lower explosive limits (if applicable);n. its known stability and incompatibilities;o. its carcinogenic, teratogenic and mutagenic properties;p. the name and address of the nominating person; andq. the anticipated volume in cubic meters or weight in tones, per annum of thechemical substance being used, stored, manufactured, processed, offered forsale or sold, transported, imported and exported by the nominating person.2.The documents containing the above information shall be considered as public


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document.Section 16. Nomination of Existing Chemicals

1.Until 31 December 1993, a person shall submit to the Department for inclusion in thePhilippine Inventory of Chemicals and Chemical Substances, a list of chemicalsubstances which are currently used, sold, distributed, imported, processed,manufactured, stored, exported or transported in the Philippines in a form as may beprovided by the Department.2.The person who nominates a chemical substance shall provide as much information asoutlined in Section 15 of these Rules and Regulations and that such nomination shallcontain the following minimum data:a. chemical namesb. trade name or namesc. chemical structured. CAS numbere. anticipated volume in cubic meters, or weight in tones per annum of chemicalsbeing nominatedf. name and address of nominating person.3.


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Chemical substances in the chemical inventory shall be regarded by the Department asexisting chemical substances and, therefore, exempted from the provisions of Section17.4.The Department shall not accept any further nominations of chemical substances underthis section after 31 December 1993.Section 17. Notification of New Chemicals

1.After 31 December 1993, a chemical substance which is not included in the chemicalinventory shall be considered as new chemical substance.Unless exempted, any person who uses, stores, imports, manufactures, transports orprocesses a chemical substance after 31 December 1993 which is not listed in thechemical inventory shall be liable for violation of Section 16 of these Rules andRegulations and shall be dealt with subject to the provisions of Section 15 of RA 6969.

2.No person shall use, store, transport, import, sell, distribute, manufacture, or process a


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new chemical substance unless permitted by the Department. Permit shall be grantedunder the following conditions:

a. The Department must be notified of the intention to do so at least one hundred

and eighty (180) days before commencing such activity; andb. The Department shall be provided with such information as

outlined in Section15;3.The notification must be made in accordance with a form and in a manner prescribed bythe Department and accompanied with the payment of the prescribed fee.

4.The notification which does not comply with the requirement of Section 17(3) will not beacted and/or accepted.

5.The Department shall have the discretion not to include the new chemical substance inthe chemical inventory if the information provided to the Department by the person doesnot fully comply with the requirements of Section 15 or the Department suspects that thedata are of dubious quality.6.


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Any person who falsifies information on a chemical substance while nominating anexisting or new chemical substance shall be criminally liable.Section 18. Assessment of Chemicals

1.Upon notification of a new chemical substance under Section 17 of these Rules andRegulations, the Department shall within ninety (90) days determine whether –a. to add the chemical substance to the chemical inventory;b. to seek further information to any person for the purpose of assessing publichealth and environmental risk posed by the use, storage, manufacture, import,process or transport of the chemical substance or;c. to issue Chemical Control Order in accordance to Section 20 of these Rules andRegulations.2.The Department shall notify the applicant in writing of its decision.Section 19. Priority Chemical List

1.The Department shall compile and may amend from time to time a list to be known as


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the Priority Chemicals List.2.The Department may determine which chemical substance from the chemical inventoryshould be included, deleted, or excluded from the Priority Chemicals List.3.The Department shall publish in the Official Gazette or newspaper of general circulationthe Priority Chemicals List and any amendments and deletions to the List.4.The Department may require information from any person for the purpose of assessingthe public and environmental risk posed by the use, storage, manufacture, import,process or transport of the priority chemicals.Section 20. Chemical Control Orders

1.If the Department has determined that the use, storage, transport, process, manufacture,import or export of any new substance or a priority chemical poses an unreasonable riskor hazard to public health or the environment, the Department, may, by order publishedin the Official Gazette or any newspaper or general circulation:

a. prohibit the use, manufacture, import, export, transport, process, storage,


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possession or sale of the chemical substance;b. limit the use, manufacture , import, export, transport, process, storage,

possession or sale of the chemical substances; orc. place such controls or conditions on the use, manufacture, import,

export,transport, process, storage, possession or sale of the chemical substance toabate or minimize risks or hazards posed by the chemical substances on publichealth and environment.PRIME - M42. An order issued by the Department under Section 20(1) shall be known as ChemicalControl Order.Chapter V

Testing Requirements

Section 21. Chemicals Subject to Testing

1.Testing shall be required in all cases where:

a. There is reason to believe that the chemical substances or mixture may present

an unreasonable risk to health or environment;b. There is insufficient data and experience for determining or predicting

the healthand environmental effects of the chemical substance or mixture; and


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c. The testing of the chemical substance or mixture is necessary to develop such

data.3. The manufacturers, processors or importers of such chemicals

subjected to testing shallshoulder the costs of testing the chemical substance or mixture.

Chapter VI

Exemptions

Section 22. Exemptions. The following substances and mixtures shall be exempted fromthe requirements of Section 17, 18 and 21 of these Rules and Regulations:

1.Those chemicals already included in the Philippine Inventory of Chemicals and ChemicalSubstances;2.Those to be produced or used in small quantities solely for experimental or research anddevelopment purposes;3.Those that are reaction intermediates which do not leave the closed production systemor undergo intermediate storage during the reaction process;4.


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Those chemical substances that are regulated by laws other than RA 6969.Section 23. Confiscation

1.The Secretary or his duly authorized representative may cause the impoundment orconfiscation of any chemical substance and its conveyance and container if there isreasonable grounds to believe that:

a.the sale, storage, possession, use, manufacture, transport, import, or export for achemical substance does not comply with the Chemical Control Order; orb.the sale, storage, possession, use, manufacture, transport, import or export ofchemical substance poses an immediate threat or hazard to public health andsafety or the environment.2.Any costs incurred by the Department under Section 23(1) shall be reimbursed by theoccupier of the premises from which the Environmental Protection Officer impounded orconfiscated the chemical substance.


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Title III. Hazardous and Nuclear Wastes

Chapter VII

Hazardous Waste

Section 24. Policy

1.It shall be the policy of the Department to prohibit the entry even in transit of hazardouswastes and their disposal into the Philippine territorial limits for whatever purpose.2.The Department encourages proper management of hazardous wastes generated withinthe country by promoting, in order of preference:a. minimization of the generation of hazardous waste;b. recycling and reuse of hazardous wastec. treatment of hazardous waste to render it harmless; andd. landfill of inert hazardous waste residues.3. Hazardous waste shall be managed in such a manner as not to cause or potentiallycause –a. pollution;b. state of danger to public health, welfare and safety;c. harm to animals, bird, wildlife, fish or other aquatic life;


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d. harm to plants and vegetation; ore. limitation in the beneficial use of a segment of the environment.

4. The waste generator shall be responsible for the proper management and disposal ofthe hazardous waste.

5. The waste generator shall bear the costs for the proper storage, treatment and disposalof their hazardous waste.

Section 25. Classification of Hazardous Waste

1.The classes and subcategories of wastes listed in Table 1 shall be prescribed ashazardous waste for the purposes of these Rules and Regulations.2.The types of wastes listed in Table 2 shall be exempted from the requirements of theseRules and Regulations.3.The listings provided for Tables 1 and 2 are not inclusive and shall be subject to periodicreview.PRIME - M4Page 14 of 27

Table 1. Prescribed Hazardous Wastes


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Class SubcategoryWasteNumberPlating Discarded plating solutions and salts with a cyanide A101Wastes concentration of less than 200 ppm.Discarded heat treatment solutions and salts with acyanide concentration of less than 200 ppm.A102Plating solutions and salts containing cyanides at aconcentration exceeding 200 ppm.A103Heat treatment solutions and salts containingcyanides at a concentration exceeding 200 ppm.A104Complexed cyanide solutions and salts A105Other cyanide wastes arising from the plating andheat treatment industriesA199Acid Waste Sulfuric Acid B201Hydrochloric Acid B202Nitric Acid B203Phosphoric Acid B204Hydrofluoric Acid B205Mixture of Sulfuric andHydrochloric AcidB206


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Other inorganic acids B207Organic acids B208Other mixed acids B299Alkali Wastes Caustic soda C301Potash C302Alkaline cleaners C303Ammonium Hydroxide C304Lime slurries C305Lime-neutralized metal sludges C306Other alkaline materials C399InorganicChemicalWastesNontoxic saltsArsenic and its compoundBoron compoundsD401D402D403Cadium and its compoundsChromium compoundsLead compoundsMercury and mercuric compoundsOther salts and complexesD404D405D406


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D407D499ReactiveChemicalWastesOxidizing agentsReducing agentsExplosive and unstable chemicalsHighly reactive chemicalsD501D502D503D599Paints/ Aqueous-based E601Resins/ Solvent-based E202Latices/inksDyes/Adhesives/OrganicSludgesOther mixed E699OrganicSolventsFlash point>61oCFlash point <61 oCChlorinated solvents and ResiduesF701F702


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F703Putrescible/OrganicWastesAnimal/abattoir wastesGrease trap wastes from industrial orCommercial premisesOthersG801G802G899Textile Tannery wastesOther textile wastesH901H999Oil Waste oilsInterceptor sludgesVegetable oilsWaste tallowOil/water mixturesI101I102I103I104I105Containers Portable containers previously containing toxicchemical substances


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J201ImmobilizedWastesSolidified and polymerized wastesChemically fixed wastesEncapsulated WastesK301K302K303OrganicChemicalsAliphaticsAromatics and phenolicsHighly odorousSurfactants and detergentsHalogenated solventsPolychlorinated biphenyls and related materialsOther organic chemicalsL401L402L403L404L405L406L499MiscellaneousWastes


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Pathogenic or infectious wastesAsbestos wastesPharmaceuticals wastes and drugsPesticidesM501M502M503M504

Table 2. Exempted Wastes

Description

Garbage from domestic premises and households.

Industrial and commercial wastewaters which are disposed of on-site through the sewagesystem.Industrial and commercial solid wastes which do not contain prescribed hazardous wastes as

identified in Table 1.

Materials from building demolition except asbestos.Septic tank effluents and associated sullage wastewaters.Untreated spoils from mining, quarrying and excavation works but not materials in the nature of


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tailings, commercially treated materials and mine facility consumables.

Section 26. Waste Generators

1.All waste generators shall:

a.notify the Department of the type and quantity of wastes generated inaccordance with the form and in a manner approved by the Department andaccompanied by a payment of the prescribed fee; and

b.provide the Department, on a quarterly basis, with information to include the typeand quantity of hazardous waste generated, produced or transported outside,and such other information as may be required.2.A waste generator shall continue to own and be responsible for the hazardous wastegenerated or produced in the premises until the hazardous waste has been certified bythe waste treater as had been treated, recycled, reprocessed or disposed of.


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3.A waste generator shall prepare and submit to the Department comprehensiveemergency contingency plans to mitigate and combat spills and accidents involvingchemical substances and/or hazardous waste. These plans shall conform with thecontent of the guidelines issued by the Department.4.A waste generator shall be responsible for training its personnel and staff on-a.the implementation of the plan required under Section 26(3); andb.the hazard posed by the improper handling, storage, transport, and use ofchemical substances and their containers.

Section 27. Waste Transporter

1.No transport of hazardous waste shall be allowed unless prior permit is secured from theDepartment.2.Any application for the issuance or amendment of a permit to transport hazardous wasteshall be made in accordance with the form and in a manner approved by the Department


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and accompanied by a payment of the prescribed fee.3.The Department shall maintain a register of waste transporters.4.A waste generator shall only use waste transporters duly authorized by the Departmentto transport hazardous wastes.Section 28. Waste Transport Record

1.A waste transport record shall be in a form prescribed by the Department and shallcontain the following particulars –

a.the name and address of the waste generator;b.the name of the waste transporter used to transport a load of hazardous wastes;c. the registration number of the waste transport vehicle;d.the waste treatment license of the waste transporter;e. the description of the hazardous waste transporter including its class and subcategories as stated in Table 1; f.the quantity of the hazardous waste transported; g.the type of container used during the transport; h.the name and address of transit points and the final destination of the hazardous waste; andi.the intended method of hazardous waste treatment, storage, export, recycling,


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processing, reprocessing or disposal at the destination.2.Prior to the transport of hazardous wastes, the waste generator shall complete, induplicate, portions that refer to the waste generator in the prescribed form and shallsubmit the same to the Department accompanied by payment of the prescribed fee.3.The waste generator shall retain and store a copy of the waste transport record for aperiod of twenty-four (24) months from the date of receipt of the Department.4.Prior to the transport of the hazardous waste, the waste transporter shall complete, induplicate, portions referring to the waste transporter in the prescribed form.5.The waste transporter shall place a copy of the waste transport record in the driver’scabin of the waste transport vehicle.6.Upon arrival at the waste treatment, storage, recycling, reprocessing, processing ordisposal premises, the waste transporter shall give a copy of the waste transport recordto the waste treater.


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7.Upon receiving a waste transport record, the waste treater shall:a. verify the accuracy of the waste description of the hazardous waste;b. complete portions of the waste treater on the waste transport record; andc. retain and store the complete waste transport record for a period of twenty-fourmonths after receipt of the hazardous waste.

8.If the hazardous waste data is inaccurate the waste treater shall immediately inform thewaste generator of such inaccuracy within a reasonable period of time. The wastetreater shall have the right to deny acceptance of such hazardous waste if suchacceptance may cause any danger of hazard in the operation of its premises;9.If the hazardous waste is accepted by the waste treater for treatment, storage, export,recycling, reprocessing, processing or disposal, the waste treater shall certify in writing,the acceptance of the hazardous waste to the waste generator.10.The waste treater shall send to the Department within five (5) days, the certificationrequired under Section 28(9) copy furnished the waste generator.11.


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Any waste transporter while transporting hazardous waste is involved in an accidentwhich results in the spillage or release of the hazardous waste to the environment shallimmediately contain the spillage and notify the Department.

Section 29.Hazardous Waste Storage and Labeling

1.Vessels, containers and tanks for the storage of hazardous waste shall be clearlylabeled and this labeling shall comprise the following particulars –a. the class of the hazardous waste as specified in Table 1;b. the sub-category of the hazardous waste as specified in Table 1;c. the waste number as specified in Table 1;d. the name and address of the waste generator; ande. the maximum capacity of volume2.The labeling of the vessels, containers and tanks specified in Section 29(1) shall beconspicuously marked in paint, decals or other permanent form of markings.Section 30.Waste Treatment and Disposal Premises

1.


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No waste treater shall accept, store, treat, recycle, reprocess or dispose of hazardouswastes unless done in the premises as prescribed in Table 3 and permitted by theDepartment.Table 3. Prescribed Wastes Treatment Premises

Category Description

APremises that conduct on-site disposal of hazardous wastes generated orproduced at the premises through industrial or commercial processes andactivities other than disposal via sewer.

BCommercial or industrial hazardous waste incinerators.

Landfills, dumps or tips that accept hazardous waste for disposal

DPremises that recycle or reprocess hazardous waste which were not generatedor produced at that premise.


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EPremises that immobilize, encapsulate, polymerize or treat hazardous wasteswhich were not generated or produced at that premise.

FPremises that store hazardous wastes, which were not generated or produced atthat premise for periods exceeding thirty (30) days.

2.An application for issuance or amendment of a permit under this section shall be madein accordance with a form and in a manner approved by the Department accompaniedwith the payment of the prescribed fee and accompanied by such plans, specificationsand other information and a summary thereof as may be required by the Department.3.The Department shall maintain a register of waste treaters.Section 31. Import and Export of Hazardous Substances

1.Any person who wishes to import into the Philippines or export hazardous substancesmust seek and obtain prior written approval from the Department.


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2.An application made under Section 31(1) shall be made in the form and mannerapproved by the Department and accompanied by payment of the prescribed fee.3.The Department shall cause the seizure of the imported hazardous substances whichdoes not comply with the approved permit, return the hazardous substance to their pointof origin and initiate proceedings to recover cost incurred.

Chapter VIII

Nuclear Waste

Section 32. Policy

1.It shall be the policy of the government to prohibit the entry, even in transit, of nuclearwaste and their storage or disposal into the Philippine territorial limits for whateverpurpose.


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2.The Philippine Nuclear Research Institute (PNRI) shall be the government agencyresponsible for the regulation and licensing of nuclear facilities and radioactive materialspursuant to the provisions of R.A. 2067, the Science Act 56 of 1958, and R.A. 5207, theAtomic Energy Regulatory and Liability Act of 1968, both as amended. Radioactivematerial as defined in the laws include radioactive products or wastes.

Section 33. Specific Exemption

1.The following are exempt from the requirements of these regulations:a.Any holder of a valid PNRI license authorized to operate a nuclear power plant oratomic energy facility, who, in the course of operating his licensed facility,transports spent nuclear fuel for reprocessing in a foreign country and reacquires the by-products of reprocessing, including its nuclear wastes for storagein his facility.

b.States which are signatories to the Basel Convention and countries with bilateral


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agreements with the Philippines that would allow the passage or transit shipmentof nuclear waste over Philippine territorial limit. Prior informed arrangements andnotification schedules shall have been made through proper Philippine authoritiesincluding the DENR and the PNRI.2.The DENR and the PNRI shall exercise their rights to monitor and inspect suchshipments for the protection of the public and the national interest.Section 34. Abandoned or Unclaimed Nuclear Waste

Nuclear wastes which are unclaimed or abandoned, and whose legal ownership cannotbe ascertained, shall be subject to the regulations of the PNRI on the management and disposalof nuclear wastes.

Section 35. Scrap Metal That May Contain Radioactive Materials

1.


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Any importer of scrap metal intended for domestic reprocessing shall certify to the DENRthat the scrap metal he is importing does not contain radioactive material in any form,shape or containment.2.Scrap metal that may contain radioisotopes of the elements Cesium, Cobalt Americium,Strontium, or as may be determined by the PNRI shall not be processed for thefabrication of metal bars or components.Section 36. Reporting and Notification

Any person shall immediately notify the DENR or the PNRI of any existence ofunauthorized radioactive material or nuclear waste anywhere in the Philippines. The reportshould be such as to cause the immediate location of the radioactive material to institute thenecessary protective and recovery measures.

Title IV. Common Provisions

Chapter IX

Permitting Regulations

Section 37. Prescribed Fees for Toxic Chemical Substances


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1.The Department shall prescribe fees for the notification and assessment of newchemicals under Section 17 and Section 18.

2.The Department shall publish the scale of fees and amendments to the scale of fees inthe Official Gazette or any newspaper of general circulation which shall take effectfifteen (15) days after its publication.Section 38. Prescribed Fees for Hazardous and Nuclear Wastes

1.The Department shall prescribe reasonable fees for –a. registration of a waste generator;b. permitting of a waste transporter;c. permitting of a waste treater;d. authority to import or export hazardous material; ande. waste transport record2.The Department shall publish the scale of fees and amendments to the scale of fees inthe Official Gazette or any newspaper of general circulation which shall take effectfifteen (15) days after its publication.


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Chapter X

Public Access to Records, Reports and Notificationand Confidentiality of Information

Section 39. Public Access to Assessment Reports

1.The general public shall have access to the chemical inventory and to the prioritychemical list.2.The general public shall have access to the documents prepared by the Departmentregarding chemical control orders excepting confidential portions contained in thesedocuments.Section 40. Confidentiality of Information

1.Any person who is requested to provide information to the Department under Section 16,17, 18 and 21 of these Rules and Regulations may submit together with the information,a request that such information be treated as confidential.2.


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The Department of Environment and Natural Resources may consider a record, report ofinformation or particular person thereof confidential and may not be made public whensuch would divulge trade secrets, or sales figures or methods production or processesunique to such manufacturer, processor or distributor or would otherwise tend to affectadversely the competitive position of such manufacturer, processor or distributor,information other than its chemical name and CAS Number (if applicable) be treated asconfidential.3.No disclosure of any information shall be done subject to Sections 40(1) and 40(2)except –

a.where there is written consent provided the person who requested confidentialityunder Section 40(1);b.under an agreement, convention or treaty between the government of thePhilippines and other foreign nations provided that the foreign nation undertakesto keep the information confidential;


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c.under an agreement between the Department and other statutory bodies andlocal authorities provided that the information is required to fulfill their obligationsand provided that they agree to keep the information confidential;d.under formal instruction of a competent court of law;

e.to a physician or prescribed medical professional who request the information forthe purpose of making a medical diagnosis of, or rendering medical treatment to,a person in an emergency and who agrees, in writing to keep the informationconfidential; orf.where the department certifies that the disclosure of the information is in theinterest of public health and safety or protection of the environment.4.Where practical, the person who takes the request for confidentiality under Section 40(1)shall be notified in writing prior or as soon as possible to the intention of disclosure ofinformation under Section 40(3).Title V. Prohibited Acts and Penalties


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Chapter XI

Prohibited Acts

Section 41. Administrative Violations. The following acts and omissions shall beconsidered as administrative violations:

1.All acts and omissions mentioned under Section 13(a to c) of Republic Act 6969.2.Failure or refusal to subject for testing chemical substances and mixtures that presentunreasonable risk or injury to health or to the environment before said chemicalsubstances and mixtures are manufactured or imported for the first time;3.Failure or refusal to subject for testing chemical substances and mixtures which arepresently being manufactured or processed if there is a reason to believe that saidchemical substances and mixtures pose unreasonable risk or injury to health and theenvironment;4.


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Refusing, obstructing or hampering the entry of authorized representatives of theSecretary into any establishment in which chemicals are processed, manufactured, stored or held before or after their commercial distribution during reasonable hours forthe purpose of conducting an inspection.

5.Failure or refusal to notify the Department with the type and quantity of hazardouswastes generated and to provide quarterly report of waste generation as provided forunder Section 26 of these Rules and Regulations.6.Failure or refusal to secure permit or authorization from the Department prior totransport, storage, or disposal of hazardous wastes as provided for in Section 27, 28 and30 of these Rules and Regulations.

7.Failure or refusal to secure approval from the Department prior to conduct of anyimportation or exportation of hazardous substances as provided for in Section 31 ofthese Rules and Regulations.


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8.Failure or refusal to provide proper labeling as provided for under Section 29 of theseRules and Regulations regarding hazardous waste storage and labeling.9.Failure or refusal to comply with subpoena or subpoena duces tecum issued by theSecretary or his duly authorized representative.Section 42. Criminal Offenses

1.Knowingly use a chemical substance or mixture which is imported, manufactured,processed or distributed in violation of these Rules and Regulations;2.Failure or refusal to submit reports, notices or other information, access to records asrequired by Republic Act 6969 as permit inspection of establishment where chemicalsare manufactured, processed, stored or otherwise held;3.Failure or refusal to comply with the pre-manufacture and pre-importation requirements;4.Cause, aid or facilitate, directly or indirectly in the storage, importation or bringing into


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Philippine territory including its maritime economic zones, even in transit, either bymeans of land, air or sea transportation or otherwise keeping in storage any amount ofhazardous and nuclear wastes in any part of the Philippines.Chapter XII

Penalties

Section 43. Administrative Violations and Fines. In all cases of violations under Section41 of these Rules and Regulations, the Secretary is hereby authorized to imposed a fine of notless that Ten Thousand Pesos (PhP10,000.00) but not more than Fifty Thousand Pesos(PhP50,000.00) upon any person or entity found guilty thereof.

Nothing in this provision shall however under Section 14 of RA 6969 ban the institutionof the proper criminal action against any person or entity found guilty herein.

Section 44. Criminal Offenses and Penalties1. i. The penalty of imprisonment of six (6) months and one day to six (6) years andone day and a fine ranging from Six Hundred Pesos (PhP600.00) to FourThousand Pesos (PhP4,000.00) shall be imposed upon any person who shallviolate Section 42(1) of these Rules and Regulations. If the offender is a


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foreigner, he or she shall be deported and banned from any subsequent entryinto the Philippines after serving his or her sentence.ii. In case any violation of these Rules and Regulations is committed by apartnership, corporation, association or any juridical person, the partner,president, director or manager who shall consent to or knowingly tolerate suchviolation shall be directly liable and responsible for the act of the employees andshall be criminally liable as a co-principal;iii. In case the offender is a government official or employee, he or she shall inaddition to the above penalties be deemed automatically dismissed from officeand permanently disqualified from holding any elective or appointive position;2. i. The penalty of imprisonment of twelve (12) years and one day to twenty (20)years shall be imposed upon any person who shall violate Section 13(d) of R.A.6969. If the offender is a foreigner, he or she shall be deported and banned fromany subsequent entry into the Philippines after serving his or her sentence.ii. In the case of corporations or other associations, the above penalty shall beimposed upon the managing partner, president or chief executive in addition to


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an exemplary damage of at least Five Hundred Thousand Pesos(PhP500,000.00). If it is a foreign firm the director and all officers of such foreignfirm shall be banned from entry into the Philippines in addition to the cancellationof its license to do business in the Philippines.iii. In the case the offender is a government official or employee, he or she shall inaddition to the above penalties be deemed automatically dismissed from officeand permanently disqualified from holding any elective or appointive positions.

3.Every penalty imposed for the unlawful importation, entry, transport, manufacture,processing, sale or distribution of chemical substances or mixtures into or within thePhilippines shall carry with it the confiscation and forfeiture in favor of the Government ofthe proceeds of the unlawful act and instruments, tools or other implements includingvehicles, sea vessels and aircraft used in or with which the offense was committed,chemical substances so confiscated and forfeited by the Government at its option shallbe turned over to the Department of Environment and Natural Resources for


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safekeeping and proper disposal.4.The person or firm responsible or connected with the bringing into the country ofhazardous and nuclear wastes shall be under obligation to transport or send back saidprohibited wastes. Any and all means of transportation, including all facilities andappurtenances that may have been used in transporting to or in the storage in thePhilippines of any significant amount of hazardous or nuclear wastes shall at the optionof the government be forfeited in its favor.

Title VI. Final Provisions

Chapter XIII

Section 45. Separability Clause. If any section or provision of these Rules andRegulations is held or declared unconstitutional or invalid by a competent court, the othersections or provisions hereof shall continue to be in force as if the sections or provisions soannulled or voided had never been incorporated herein.

Section 46. Repealing Clause. All Rules and Regulations or parts of said rules and


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regulations of pertinent laws inconsistent with the Rules and Regulations are hereby revised,amended, modified and/or superseded as the case may be by these Rules and Regulations.

Section 47. Amendments. These Rules and Regulations may be amended and/ormodified from time to time by the Department of Environment and Natural Resources.

Section 48. Effectivity. These Rules and Regulations shall take effect thirty (30) daysafter completion of publication in the Official Gazette or in a newspaper of general circulation.


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RA 8749: Philippine Clean Air Act

RA 8479: PHILIPPINE CLEAN AIR ACT


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Republic Act No. 8749

June 23, 1999

AN ACT PROVIDING FOR A COMPREHENSIVE AIR POLLUTION CONTROL POLICY AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::

Chapter 1General Provisions

Article OneBasic Air Quality Policies

Section 1. Short Title. - This Act shall be known as the "Philippine Clean Air Act of 1999."

Section 2. Declaration of Principles. - The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.

The State shall promote and protect the global environment to attain sustainable development while recognizing the primary responsibility of local government units to deal with environmental problems.

The State recognizes that the responsibility of cleaning the habitat and environment is primarily area-based.

The State also recognizes the principle that "polluters must pay".

Finally, the State recognizes that a clean and healthy environment is for the good of all and should, therefore, be the concern of all.

Section 3. Declaration of Policies. - The State shall pursue a policy of balancing development and environmental protection. To achieve this end, the frame work for sustainable development shall be pursued. It shall be the policy of the State to:

(a) Formulate a holistic national program of air pollution management that shall be implemented by the government through proper delegation and effective coordination of functions and activities;


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(b) Encourage cooperation and self-regulation among citizens and industries through the application of market-based instruments;

(c) Focus primarily on pollution prevention rather than on control and provide for a comprehensive management program for air pollution;

(d) Promote public information and education and to encourage the participation of an informed and active public in air quality planning and monitoring; and

(e) Formulate and enforce a system of accountability for short and long-term adverse environmental impact of a project, program or activity. This shall include the setting up of a funding or guarantee mechanism for clean-up and environmental rehabilitation and compensation for personal damages.

Section 4. Recognition of Rights. - Pursuant to the above-declared principles, the following rights of citizens are hereby sought to be recognized and the State shall seek to guarantee their enjoyment:

(a) The right to breathe clean air;

(b) The right to utilize and enjoy all natural resources according to the principles of sustainable development;

(c) The right to participate in the formulation, planning, implementation and monitoring of environmental policies and programs and in the decision-making process;

(d) The right to participate in the decision-making process concerning development policies, plans and programs projects or activities that may have adverse impact on the environment and public health;

(e) The right to be informed of the nature and extent of the potential hazard of any activity, undertaking or project and to be served timely notice of any significant rise in the level of pollution and the accidental or deliberate release into the atmosphere of harmful or hazardous substances;

(f) The right of access to public records which a citizen may need to exercise his or her rights effectively under this Act;

(g) The right to bring action in court or quasi-judicial bodies to enjoin all activities in violation of environmental laws and regulations, to compel the rehabilitation and cleanup of affected area, and to seek the imposition of penal sanctions against violators of environmental laws; and


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(h) The right to bring action in court for compensation of personal damages resulting from the adverse environmental and public health impact of a project or activity.

Article TwoDefinition of Terms

Section 5. Definitions. - As used in this Act:

a) "Air pollutant" means any matter found in the atmosphere other than oxygen, nitrogen, water vapor, carbon dioxide, and the inert gases in their natural or normal concentrations, that is detrimental to health or the environment, which includes but not limited to smoke, dust, soot, cinders, fly ash, solid particles of any kind, gases, fumes, chemical mists, steam and radio-active substances;

b) "Air pollution" means any alteration of the physical, chemical and biological properties of the atmospheric air, or any discharge thereto of any liquid, gaseous or solid substances that will or is likely to create or to render the air resources of the country harmful, detrimental, or injurious to public health, safety or welfare or which will adversely affect their utilization for domestic, commercial, industrial, agricultural, recreational, or other legitimate purposes;

c) "Ambient air quality guideline values" mean the concentration of air over specified periods classified as short-term and long-term which are intended to serve as goals or objectives for the protection of health and/or public welfare. These values shall be used for air quality management purposes such as determining time trends, evaluating stages of deterioration or enhancement of the air quality, and in general, used as basis for taking positive action in preventing, controlling, or abating air pollution;

d) "Ambient air quality" means the general amount of pollution present in a broad area; and refers to the atmosphere's average purity as distinguished from discharge measurements taken at the source of pollution;

e) "Certificate of Conformity" means a certificate issued by the Department of Environment and Natural Resources to a vehicle manufacturer/assembler or importer certifying that a particular new vehicle or vehicle type meets the requirements provided under this Act and its rules and regulations;

f) "Department" means the Department of Environment and Natural Resources;


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g) "Eco-profile" means the geographic-based instrument for planners and decision-makers which present an evaluation of the environmental quality and carrying capacity of an area. It is the result of the integration of primary and secondary data and information on natural resources and anthropogenic activities on the land which are evaluated by various environmental risk assessment and forecasting methodologies that enable the Department to anticipate the type of development control necessary in the planning area;

h) "Emission" means any air contaminant, pollutant, gas stream or unwanted sound from a known source which is passed into the atmosphere;

i) "Greenhouse gases" mean those gases that can potentially or can reasonably be expected to induce global warming, which include carbon dioxide, methane, oxides of nitrogen, chlorofluorocarbons, and the like;

j) "Hazardous substances" mean those substances which present either: (1) short-term acute hazards such as acute toxicity by ingestion, inhalation, or skin absorption, corrosivity or other skin or eye contact hazard or the risk of fire explosion; or (2) longterm toxicity upon repeated exposure, carcinogenicity (which in some cases result in acute exposure but with a long latent period), resistance to detoxification process such as biodegradation, the potential to pollute underground or surface waters;

k) "Infectious waste" means that portion of medical waste that could transmit an infectious disease;

l) "Medical waste" means the materials generated as a result of patient diagnosis, treatment, or immunization of human beings or animals;

m) "Mobile source" means any vehicle propelled by or through combustion of carbon-based or other fuel, constructed and operated principally for the conveyance of persons or the transportation of property goods;

n) "Motor vehicle" means any vehicle propelled by a gasoline or diesel engine or by any means other than human or animal power, constructed and operated principally for the conveyance of persons or the transportation of property or goods in a public highway or street open to public use;

o) "Municipal waste" means the waste materials generated from communities within a specific locality;

p) "New vehicle" means a vehicle constructed entirely from new parts that has never been sold or registered with the DOTC or with the appropriate


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agency or authority, and operated on the highways of the Philippines, any foreign state or country;

q) "Octane Rating or the Anti-Knock Index(AKI)" means the rating of the anti-knock characteristics of a grade or type of automotive gasoline as determined by dividing by two (2) the sum of the Research Octane Number (RON), plus the Motor Octane Number (MON); the octane requirement, with respect to automotive gasoline for use in a motor vehicle or a class thereof, whether imported, manufactured, or assembled by a manufacturer, shall refer to the minimum octane rating of such automotive gasoline which such manufacturer recommends for the efficient operation of such motor vehicle, or a substantial portion of such class, without knocking;

r) "Ozone Depleting Substances (ODS)" means those substances that significantly deplete or otherwise modify the ozone layer in a manner that is likely to result in adverse effects of human health and the environment such as, but not limited to, chloroflourocarbons, halons and the like;

s) "Persistent Organic Pollutants (POPs)" means the organic compounds that persist in the environment, bioaccumulate through the food web, and pose a risk of causing adverse effects to human health and the environment. These compounds resist photolytic, chemical and biological degradation, which shall include but not be limited to dioxin, furan, Polychlorinated Biphenyls (PCBs), organochlorine pesticides, such as aldrin, dieldrin, DDT, hexachlorobenzene, lindane, toxaphere and chlordane;

t) "Poisonous and toxic fumes" means any emissions and fumes which are beyond internationally - accepted standards, including but not limited to the World Health Organization (WHO) guideline values;

u) "Pollution control device" means any device or apparatus used to prevent, control or abate the pollution of air caused by emissions from identified pollution sources at levels within the air pollution control standards established by the Department;

v) "Pollution control technology" means the pollution control devices, production process, fuel combustion processes or other means that effectively prevent or reduce emissions or effluent;

w) "Standard of performance" means a standard for emissions of air pollutant which reflects the degree of emission limitation achievable through the application of the best system of emission reduction, taking into account the cost of achieving such reduction and any non-air quality health and


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environmental impact and energy requirement which the Department determines, and adequately demonstrates; and

x) "Stationary source" means any building or immobile structure, facility or installation which emits or may emit any air pollutant.

Chapter 2Air Quality Management System

Article OneGeneral Provisions

Section 6. Air Quality Monitoring and Information Network. - The Department shall prepare an annual National Air Quality Status Report which shall be used as the basis in formulating the Integrated Air Quality Improvement Framework, as provided for in Sec. 7. The said report shall include, but shall not be limited to the following:

a) Extent of pollution in the country, per type of pollutant and per type of source, based on reports of the Department’s monitoring stations;

b) Analysis and evaluation of the current state, trends and projections of air pollution at the various levels provided herein;

c) Identification of critical areas, activities, or projects which will need closer monitoring or regulation;

d) Recommendations for necessary executive and legislative action; and

e) Other pertinent qualitative and quantitative information concerning the extent of air pollution and the air quality performance rating of industries in the country.

The Department, in cooperation with the National Statistical Coordination Board (NSCB), shall design and develop an information network for data storage, retrieval and exchange.

The Department shall serve as the central depository of all data and information related to air quality.

Section 7. Integrated Air Quality Improvement Framework. - The Department shall within six (6) months after the effectivity of this Act, establish, with the participation of LGUs, NGOs, POs, the academe and other concerned entities from the private sector, formulate and implement the Integrated Air Quality Improvement


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Framework for a comprehensive air pollution management and control program. The framework shall, among others, prescribe the emission reduction goals using permissible standards, control strategies and control measures to undertaken within a specified time period, including cost-effective use of economic incentives, management strategies, collective actions, and environmental education and information.

The Integrated Air Quality Improvement Framework shall be adopted as the official blueprint with which all government agencies must comply with to attain and maintain ambient air quality standards.

Section 8. Air Quality Control Action Plan. - Within six (6) months after the formulation of the framework, the Department shall, with public participation, formulate and implement an air quality control action plan consistent with Sec. 7 of this Act. The action plan shall:

a) Include enforceable emission limitations and other control measures, means or techniques, as well as schedules and time tables for compliance, as may be necessary or appropriate to meet the applicable requirements of this Act;

b) Provide for the establishment and operation of appropriate devices, methods, systems and procedures necessary to monitor, compile and analyze data on ambient air quality;

c) Include a program to provide for the following: (1) enforcement of the measures described in subparagraph [a]; (2) regulation of the modification and construction of any stationary source within the areas covered by the plan, in accordance with land use policy to ensure that ambient air quality standards are achieved;

d) Contain adequate provisions, consistent with the provisions of this Act, prohibiting any source or other types of emissions activity within the country from emitting any air pollutant in amounts which will significantly contribute to the non-attainment or will interfere with the maintenance by the Department of any such ambient air quality standard required to be included in the implementation plan to prevent significant deterioration of air quality or to protect visibility;

e) Include control strategies and control measures to be undertaken within a specified time period, including cost effective use of economic incentives, management strategies, collection action and environmental education and information;


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f) Designate airsheds; and

g) All other measures necessary for the effective control and abatement of air pollution.

The adoption of the plan shall clarify the legal effects on the financial, manpower and budgetary resources of the affected government agencies, and on the alignment of their programs with the plans.

In addition to direct regulations, the plan shall be characterized by a participatory approach to the pollution problem. The involvement of private entities in the monitoring and testing of emissions from mobile and/or stationary sources shall be considered.

Likewise, the LGU’s, with the assistance from the Department, shall prepare and develop an action plan consistent with the Integrated Air Quality Improvement Framework to attain and maintain the ambient air quality standards within their respective airsheds as provided in Sec. 9 hereof.

The local government units shall develop and submit to the Department a procedure for carrying out the action plan for their jurisdiction. The Department, however, shall maintain its authority to independently inspect the enforcement procedure adopted. The Department shall have the power to closely supervise all or parts of the air quality action plan until such time the local government unit concerned can assume the function to enforce the standards set by the Department.

A multi-sectoral monitoring team with broad public representation shall be convened by the Department for each LGU to conduct periodic inspections of air pollution sources to assess compliance with emission limitations contained in their permits.

Section 9. Airsheds. - Pursuant to Sec. 8 of this Act, the designation of airsheds shall be on the basis of, but not limited to, areas with similar climate, meteorology and topology which affect the interchange and diffusion of pollutants in the atmosphere, or areas which share common interest or face similar development programs, prospects or problems.

For a more effective air quality management, a system of planning and coordination shall be established and a common action plan shall be formulated for each airshed.

To effectively carry out the formulated action plans, a Governing Board is hereby created, hereinafter referred to as the Board.


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The Board shall be headed by the Secretary of the Department of Environment and Natural Resources as chairman. The members shall be as follows:

a) Provincial Governors from areas belonging to the airshed;

b) City/Municipal Mayors from areas belonging to the airshed;

c) A representative from each concerned government agency;

d) Representatives from people’s organizations;

e) Representatives from non-government organizations; and

f) Representatives from the private sector.

The Board shall perform the following functions:

a) Formulation of policies;

b) Preparation of a common action plan;

c) Coordination of functions among its members; and

d) Submission and publication of an annual Air Quality Status Report for each airshed.

Upon consultation with appropriate local government authorities, the Department shall, from time to time, revise the designation of airsheds utilizing eco-profiling techniques and undertaking scientific studies.

Emissions trading may be allowed among pollution sources within an airshed.

Section 10. Management of Non-attainment Areas. - The Department shall designate areas where specific pollutants have already exceeded ambient standards as non-attainment areas. The Department shall prepare and implement a program that will prohibit new sources of exceeded air pollutant without a corresponding reduction in existing resources.

In coordination with other appropriate government agencies, the LGUs shall prepare and implement a program and other measures including relocation, whenever necessary, to protect the health and welfare of residents in the area.


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For those designated as nonattainment areas, the Department, after consultation with local government authorities, nongovernment organizations (NGOs), people’s organizations (POs) and concerned sectors may revise the designation of such areas and expand its coverage to cover larger areas depending on the condition of the areas.

Section 11. Air Quality Control Techniques. - Simultaneous with the issuance of the guideline values and standards, the Department, through the research and development program contained in this Act and upon consultation with appropriate advisory committees, government agencies and LGUs, shall issue, and from time to time, revise information on air pollution control techniques. Such information shall include:

(a) Best available technology and alternative methods of prevention, management and control of air pollution;

(b) Best available technology economically achievable which shall refer to the technological basis/standards for emission limits applicable to existing, direct industrial emitters of nonconventional and toxic pollutants; and

(c) Alternative fuels, processes and operating methods which will result in the eliminator or significant reduction of emissions.

Such information may also include data relating to the cost of installation and operation, energy requirements, emission reduction benefits, and environmental impact or the emission control technology.

The issuance of air quality guideline values, standards and information on air quality control techniques shall be made available to the general public: Provided, That the issuance of information on air quality control techniques shall not be construed as requiring the purchase of certain pollution control devices by the public.

Section 12. Ambient Air Quality Guideline Values and Standards. - The Department, in coordination with other concerned agencies, shall review and or revise and publish annually a list of hazardous air pollutants with corresponding ambient guideline values and/or standard necessary to protect health and safety, and general welfare. The initial list and values of the hazardous air pollutants shall be as follows:

(a) For National Ambient Air Quality Guideline for Criteria Pollutants:

Short Term a Long Term b

Pollutants µg/Ncm ppm Averaging µg/Ncm ppm Averaging


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Time TimeSuspended ParticulateMatterc -TSP 230d 24 hours 90 ---- 1 yeare

-PM-10 150f 24 hours 60 ---- 1 yeare

Sulfur Dioxidec 180 0.07 24 hours 80 0.03 1 yearNitrogen Dioxide 150 0.08 24 hours ---- ---- ----Photochemical Oxidants

140 0.07 1 hour ---- ---- ----

As Ozone 60 0.03 8 hours ---- ---- ----Carbon Monoxide 35 mg/Ncm 30 1 hour ---- ---- ----

10 mg/Ncm 9 8 hours ---- ---- ----Leadg 1.5 ---- 3 monthsg 1.0 ---- 1 year

a Maximum limits represented by ninety-eight percentile (98%) values not to be exceed more than once a year.b Arithmetic meanc SO2 and Suspended Particulate matter are sampled once every six days when using the manual methods. A minimum of twelve sampling days per quarter of forty-eight sampling days each year is required for these methods. Daily sampling may be done in the future once continuous analyzers are procured and become available.d Limits for Total Suspended Particulate Matter with mass median diameter less than 25-50 um.e Annual Geometric Meanf Provisional limits for Suspended Particulate Matter with mass median diameter less than 10 microns and below until sufficient monitoring data are gathered to base a proper guideline.g Evaluation of this guideline is carried out for 24-hour averaging time and averaged over three moving calendar months. The monitored average value for any three months shall not exceed the guideline value.


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(b) For National Ambient Air Quality Standards for Source Specific Air Pollutants from Industrial Sources/Operations:

Pollutants1 Concentration2 Averaging time (min.)

Method of Analysis/ Measurement3

µ/Ncm ppm

1. Ammonia 200 0.28 30 Nesselerization/ Indo Phenol

2. Carbon Disulfide

30 0.01 30 Tischer Method

3. Chlorine and Chlorine Compounds expressed as Cl2

100 0.03 5 Methyl Orange

4. Formaldehyde

50 0.04 30 Chromotropic acid Method or MBTH Colorimetric Method

5. Hydrogen Chloride

200100 0.13 30 Volhard Titration with Iodine Solution

6. Hydrogen Sulfide

0.07 30 Methylene Blue

7. Lead 20 30 AASc

8. Nitrogen Dioxide

375,260

0.20,0.14

30,60 Greiss- Saltzman

9. Phenol 100 0.03 30 4-Aminoantiphyrine

10. Sulfur Dioxide

470, 340

0.18, 0.13

30,60 Colorimetric-Pararosaniline

11. Suspended Particulate Matter-TSP

300 ---- 60 Gravimetric


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1 Pertinent ambient standards for Antimony, Arsenic, Cadmium, Asbestos, Nitric Acid and Sulfuric Acid Mists in the 1978 NPCC Rules and Regulations may be considered as guides in determining compliance.2 Ninety-eight percentile (98%) values of 30-minute sampling measured at 250C and one atmosphere pressure.3 Other equivalent methods approved by the Department may be used.

The basis in setting up the ambient air quality guideline values and standards shall reflect, among others, the latest scientific knowledge including information on:

a) Variable, including atmospheric conditions, which of themselves or in combination with other factors may alter the effects on public health or welfare of such air pollutant;

b) The other types of air pollutants which may interact with such pollutant to produce an adverse effect on public health or welfare; and

c) The kind and extent of all identifiable effects on public health or welfare which may be expected from presence of such pollutant in the ambient air, in varying quantities.

The Department shall base such ambient air quality standards on World Health Organization (WHO) standards, but shall not be limited to nor be less stringent than such standards.

Section 13. Emission Charge System. - The Department, in case of industrial dischargers, and the Department of Transportation and Communication (DOTC), in case of motor vehicle dischargers, shall, based on environmental techniques, design, impose on and collect regular emission fees from said dischargers as part of the emission permitting system or vehicle registration renewal system, as the case may be. The system shall encourage the industries and motor vehicles to abate, reduce, or prevent pollution. The basis of the fees include, but is not limited to, the volume and toxicity of any emitted pollutant. Industries, which shall install pollution control devices or retrofit their existing facilities with mechanisms that reduce pollution shall be entitled to tax incentives such as but not limited total credits and/or accelerated depreciation deductions.

Section 14. Air Quality Management Fund. - An Air Quality Management Fund to be administered by the Department as a special account in the National Treasury is hereby established to finance containment, removal, and clean-up operations of


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the Government in air pollution cases, guarantee restoration of ecosystems and rehabilitate areas affected by the acts of violators of this Act, to support research, enforcement and monitoring activities and capabilities of the relevant agencies, as well as to provide technical assistance to the relevant agencies. Such fund may likewise be allocated per airshed for the undertakings herein stated.

The Fund shall be sourced from the fines imposed and damages awarded to the Republic of the Philippines by the Pollution Adjudication Board (PAB), proceeds of licenses and permits issued by the Department under this Act, emission fees and from donations, endowments and grants in the forms of contributions. Contributions to the Fund shall be exempted from donor taxes and all other taxes, charges or fees imposed by the Government.

Section 15. Air Pollution Research and Development Program. - The Department, in coordination with the Department of Science and Technology (DOST), other agencies, the private sector, the academe, NGO’s and PO’s, shall establish a National Research and Development Program for the prevention and control of air pollution. The Department shall give special emphasis to research on and the development of improved methods having industry-wide application for the prevention and control of air pollution.

Such a research and development program shall develop air quality guideline values and standards in addition to internationally-accepted standards. It shall also consider the socio-cultural, political and economic implications of air quality management and pollution control.

Article TwoAir Pollution Clearances and Permits for Stationary Sources

Section 16. Permits. - Consistent with the provisions of this Act, the Department shall have the authority to issue permits as it may determine necessary for the prevention and abatement of air pollution.

Said permits shall cover emission limitations for the regulated air pollutants to help attain and maintain the ambient air quality standards. These permits shall serve as management tools for the LGUs in the development of their action plan.

Section 17. Emission Quotas. - The Department may allow each regional industrial center that is designated as special airshed to allocate emission quotas to pollution sources within its jurisdiction that qualify under an environmental impact assessment system programmatic compliance program pursuant to the implementing rules and regulations of Presidential Decree No. 1586.


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Section 18. Financial Liability for Environmental Rehabilitation. - As part of the environmental management plan attached to the environmental compliance certificate pursuant to Presidential Decree No. 1586 and rules and regulations set therefor, the Department shall require program and project proponents to put up financial guarantee mechanisms to finance the needs for emergency response, clean-up rehabilitation of areas that may be damaged during the program or project’s actual implementation. Liability for damages shall continue even after the termination of a program or project, where such damages are clearly attributable to that program or project and for a definite period to be determined by the Department and incorporated into the environmental compliance certificate.

Financial liability instruments may be in the form a trust fund, environmental insurance, surety bonds, letters of credit, as well as self-insurance. The choice of the guarantee instruments shall furnish the Department with evidence of availment of such instruments.

Article ThreePollution from Stationary Sources

Section 19. Pollution From Stationary Sources. - The Department shall, within two (2) years from the effectivity of this Act, and every two (2) years thereafter, review, or as the need therefore arises, revise and publish emission standards, to further improve the emission standards for stationary sources of air pollution. Such emission standards shall be based on mass rate of emission for all stationary source of air pollution based on internationally accepted standards, but not be limited to, nor be less stringent than such standards and with the standards set forth in this section. The standards, whichever is applicable, shall be the limit on the acceptable level of pollutants emitted from a stationary source for the protection of the public’s health and welfare.

With respect to any trade, industry, process and fuel-burning equipment or industrial plant emitting air pollutants, the concentration at the point of emission shall not exceed the following limits:

Pollutants Standard Applicable to Source

Maximum Permissible Limits (mg/Ncm)

Method of Analysisa

1. Antimony and Its compounds

Any source 10 as Sb AASb

2. Arsenic and its compounds

Any source 10 as As AASb


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3. Cadmium and its compounds

Any source 10 as Cd AASb

4. Carbon Monoxide

Any industrial Source 500 as CO Orsat analysis

5. Copper and its Compounds

Any industrial source 100 ax Cu AASb

6. Hydrofluoric Acids and Fluoride compounds

Any source other than the manufacture of Aluminum from Alumina

50 as HF Titration with Ammonium Thiocyanate

7. Hydrogen Sulfide

i) Geothermal Power Plantsii) Geothermal Exploration and well-testingiii) Any source other than (i) and (ii)

c.de

7 as H2S

Cadmium Sulfide Method

Cadmium Sulfide Method

8. Lead Any trade, industry or process

10 as Pb AASb

9. Mercury Any Source 5 as elemental Hg

AASb/Cold-Vapor Technique or Hg Analyzer

10. Nickel and its compounds, except Nickel Carbonylf

Any source 20 as Ni AASb

11. NOx i) Manufacture of Nitric Acid

2,000 as acid and NOx and calculated as NO2

Phenol-disulfonic acid Method

ii) Fuel burning steam generators Existing Source New Source • Coal-Fired • Oil-Fired iii) Any source other than

1,500 as NO2

1,000 as NO2500 as NO2




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(i) adn (ii) Existing SourceNew Source 1000 as NO2

500 as NO2

12. Phosphorus Pentoxideg

Any source 200 as P2O5 Spectrophotometry

13. Zinc and its Compounds

Any source 100 as Zn AASb

a Other equivalent methods approved by the Department may be used.b Atomic Absorption Spectrophometryc All new geothermal power plants starting construction by 01 January 1995 shall control HsS emissions to not more than 150g/GMW-Hrd All existing geothermal power plants shall control HsS emissions to not more than 200g/GMW-Hr. within 5 years from the date of efectivity of these revised regulations.e Best practicable control technology for air emissions and liquid discharges. Compliance with air and water quality standards is required.f Emission limit of Nickel Carbonyl shall not exceed 0.5 mg/Ncm.g Provisional Guideline

Provided, That the maximum limits in mg/ncm particulates in said sources shall be:

1. Fuel Burning Equipment

a) Urban or Industrial Area

150 mg/Ncm

b) Other Area 200 mg/Ncm

2. Cement Plants (Kilns, etc.) 150 mg/Ncm

3. Smelting Furnaces 150 mg/Ncm

4. Other Stationary Sourcesa 200 mg/Ncm


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a Other Stationary Sources means a trade, process, industrial plant, or fuel burning equipment other than thermal power plants, industrial boilers, cement plants, incinerators and smelting furnaces.

Provided, Further, That the maximum limits for sulfur oxides in said sources shall be:

(1) Existing Sources

(i) Manufacture of Sulfuric Acid and Sulf(on)ation Process

2.0gm.Ncm as SO3

(ii) Fuel burning Equipment 1.5gm.Ncm as SO2

(iii) Other Stationary Sourcesa 1.0gm.Ncm as SO3

(2) New Sources

(i) Manufacture of Sulfuric Acid and Sulf(on)ation Process

1.5 gm.Ncm as SO3

(ii) Fuel Burning Equipment 0.7 gm.Ncm as SO2

(iii) Other Stationary Sourcesa 0.2 gm.Ncm as SO3

a Other Stationary Sources refer to existing and new stationary sources other than those caused by the manufacture of sulfuric acid and sulfonation process, fuel burning equipment and incineration.

For stationary sources of pollution not specifically included in the immediately preceding paragraph, the following emission standards shall not be exceeded in the exhaust gas:

I. Daily And Half Hourly Average Values

Daily Average Values

Half Hourly Average Values

Total dust 10 mg/m3 30 mg/m3

Gaseous and vaporous organic


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substances,expressed as total organic carbonHydrogen chloride (HCl)Hydrogen fluoride (HF)Sulfur dioxide (SO2)

10 mg/m3

10 mg/m3

1 mg/m3

50 mg/m3

20 mg/m3

60 mg/m3

4 mg/m3

200 mg/m3

Nitrogen monoxide (NO) and Nitrogendioxide (NO2), expressed as nitrogendioxide for incineration plants with acapacity exceeding 3 tonnes per hour 200 mg/m3 400 mg/m3

Nitrogen monoxide (NO) and nitrogendioxide (NO2), expressed as nitrogen dioxide for incineration plants with a capacity of 3 tonnes per hour or less 300 mg/m3

Ammonia 10 mg/m3 20 mg/m3

II. All the Average Values Over the Sample Period of a Minimum of 4 and Maximum of 8 Hours.

Cadmium and its compounds, expressed as cadmium (Cd) total 0.05

mg/m3Thallium and its compounds, expressed as thallium (Tl)Mercury and its Compounds, expressed as mercury (Hg)

0.05 mg/m3

Antimony and its compounds, expressed as antimony (Sb)Arsenic and its compounds, expressed as arsenic (As)

total 0.5mg/m3

Lead and its compounds, expressed as lead ( Pb)Chromium and its compounds, expressed as chromium (Cr)Cobalt and its compounds, expressed as cobalt (Co)Copper and its compounds, expressed as copper (Cu)Manganese and its compounds, expressed as manganese (Mn)Nickel and its compounds, expressed as nickel (Ni)Vanadium and its compounds, expressed as vanadium (V)Tin and its compounds, expressed as tin (Sn)


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These average values cover also gaseous and the vapor forms of the relevant heavy metal emission as well as their compounds: Provided, That the emission of dioxins and furans into the air shall be reduced by the most progressive techniques: Provided, Further, That all average of dioxin and furans measured over the sample period of a minimum of 5 hours and maximum of 8 hours must not exceed the limit value of 0.1 nanogram/m3.

Pursuant to Sec. 8 of this Act, the Department shall prepare a detailed action plan setting the emission standards or standards of performance for any stationary source the procedure for testing emissions for each type of pollutant, and the procedure for enforcement of said standards.

Existing industries, which are proven to exceed emission rates established by the Department in consultation with stakeholders, after a thorough, credible and transparent measurement process shall be allowed a grace period of eighteen (18) months for the establishment of an environmental management system and the installation of an appropriate air pollution control device : Provided, That an extension of not more than twelve (12) months may be allowed by the Department on meritorious grounds.

Section 20. Ban on Incineration. - Incineration, hereby defined as the burning of municipal, biomedical and hazardous waste, which process emits poisonous and toxic fumes is hereby prohibited; Provided, however, That the prohibition shall not apply to traditional small-scale method of community/neighborhood sanitation "siga", traditional, agricultural, cultural, health, and food preparation and crematoria; Provided, Further, That existing incinerators dealing with a biomedical wastes shall be out within three (3) years after the effectivity of this Act;Provided, Finally, that in the interim, such units shall be limited to the burning of pathological and infectious wastes, and subject to close monitoring by the Department.

Local government units are hereby mandated to promote, encourage and implement in their respective jurisdiction a comprehensive ecological waste management that includes waste segregation, recycling and composting.

With due concern on the effects of climate change, the Department shall promote the use of state-of-the-art, environmentally-sound and safe non-burn technologies for the handling, treatment, thermal destruction, utilization, and disposal of sorted, unrecycled, uncomposted, biomedical and hazardous wastes.

Article FourPollution from Motor Vehicles

Section 21. Pollution from Motor Vehicles. - a) The DOTC shall implement the emission standards for motor vehicles set pursuant to and as provided in this Act.


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To further improve the emission standards, the Department shall review, revise and publish the standards every two (2) years, or as the need arises. It shall consider the maximum limits for all major pollutants to ensure substantial improvement in air quality for the health, safety and welfare of the general public.

The following emission standards for type approval of motor vehicles shall be effective by the year 2003:

a) For light duty vehicles, the exhaust emission limits for gaseous pollutants shall be:

Emission Limits for Light Duty VehiclesType Approval(Directive 91/441/EEC)

CO(g/km)

HC + NOx (g/km)

PMa (g/km)

2.72 0.970.14

a for compression-ignition engines only

b) For light commercial vehicles, the exhaust emission limit of gaseous pollutants as a function of the given reference mass shall be:

Emission Limits for Light Commercial VehiclesType Approval(Directive 93/59/EEC)

Reference Weight (RW) (kg)

CO (g/km)

HC + NOx(g/km)

PMa (g/km)

Category 1 1250< RW 2.72 0.97 0.14Category 2 1250< RW<1700 5.17 1.4 0.19Category 3 RW>1700 6.9 1.7 0.25

a for compression-ignition engines only

c) For heavy duty vehicles, the exhaust emission limits of gaseous pollutants shall be:

Emission Limits for Heavy Duty Vehicles


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Type Approval

(Directive 91/542/EEC)

CO

(g/k/Wh)

HC

(g/k/Wh)

NOx

(g/k/Wh)

PM

(g/k/Wh)

4.5 1.1 8.0 0.36a

a In the case of engines of 85 kW or less, the limit value for particular emissions in increased by multiplying the quoted limit by a coefficient of 1.7

Fuel evaporative emission for spark-ignition engines shall not exceed 2.0 grams hydrocarbons per test. Likewise, it shall not allow any emission of gases from crankcase ventilation system into the atmosphere.

b) The Department, in collaboration with the DOTC, DTI and LGUs, shall develop an action plan for the control and management of air pollution from motor vehicles consistent with the Integrated Air Quality Framework. The DOTC shall enforce compliance with the emission standards for motor vehicles set by the Department. The DOTC may deputize other law enforcement agencies and LGUs for this purpose. To this end, the DOTC shall have the power to:

(1) Inspect and monitor the emissions of motor vehicles;

(2) Prohibit or enjoin the use of motor vehicles or a class of motor vehicles in any area or street at specified times; and

(3) Authorize private testing emission testing centers duly accredited by the DTI.

c) The DOTC, together with the DTI and the Department, shall establish the procedures for the inspection of motor vehicles and the testing of their emissions for the purpose of determining the concentration and/or rate of pollutants discharged by said sources.

d) In order to ensure the substantial reduction of emissions from motor vehicles, the Department of Trade and Industry (DTI), together with the DOTC and the Department shall formulate and implement a national motor vehicle inspection and maintenance program that will promote efficient and safe operation of all motor vehicles. In this regard, the DTI shall develop and implement standards and


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procedures for the certification of training institutions, instructors and facilities and the licensing of qualified private service centers and their technicians as prerequisite for performing the testing, servicing, repair and the required adjustment to the vehicle emission system. The DTI shall likewise prescribe regulations requiring the disclosure of odometer readings and the use of tamper-resistant odometers for all motor vehicles including tamper-resistant fuel management systems for the effective implementation of the inspection and maintenance program.

Section 22. Regulation of All Motor Vehicles and Engines. - Any imported new or locally-assembled new motor vehicle shall not be registered unless it complies with the emission standards set pursuant to this Act, as evidenced by a Certificate of Conformity (COC) issued by the Department.

Any imported new motor vehicle engine shall not be introduced into commerce, sold or used unless it complies with emission standards set pursuant to this Act.

Any imported used motor vehicle or rebuilt motor vehicle using new or used engines, major parts or components shall not be registered unless it complies with the emission standards.

In case of non-compliance, the importer or consignee may be allowed to modify or rebuild the vehicular engine so it will be in compliance with applicable emission standards.

No motor vehicle registration (MVR) shall be issued unless such motor vehicle passes the emission testing requirement promulgated in accordance with this Act. Such testing shall be conducted by the DOTC or its authorized inspection centers within sixty (60) days prior to date of registration.

The DTI shall promulgate the necessary regulations prescribing the useful life of vehicles and engines including devices in order to ensure that such vehicles will conform to the emissions which they were certified to meet. These regulations shall include provisions for ensuring the durability of emission devices.

Section 23. Second-Hand Motor Vehicle Engines. - Any imported second-hand motor vehicle engine shall not be introduced into commerce, sold or used unless it complies with emission standards set pursuant to this Act.

Article FivePollution from Other Sources

Section 24. Pollution from smoking. - Smoking inside a public building or an enclosed public place including public vehicles and other means of transport or in


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any enclosed area outside of one's private residence, private place of work or any duly designated smoking area is hereby prohibited under this Act. This provision shall be implemented by the LGUs.

Section 25. Pollution from other mobile sources. - The Department, in coordination with appropriate agencies, shall formulate and establish the necessary standards for all mobile sources other than those referred to in Sec. 21 of this Act. The imposition of the appropriate fines and penalties from these sources for any violation of emission standards shall be under the jurisdiction of the DOTC.

Chapter 3Fuels, Additives, Substances and Pollutants

Article OneFuels, Additives and Substances

Section 26. Fuels and Additives. - Pursuant to the Air Quality Framework to be established under Section 7 of this Act, the Department of Energy (DOE), co-chaired by the Department of Environment and Natural Resources (DENR), in consultation with the Bureau of Product Standards (BPS) of the DTI, the DOST, the representatives of the fuel and automotive industries, academe and the consumers shall set the specifications for all types of fuel and fuel-related products, to improve fuel composition for increased efficiency and reduced emissions: Provided, however, that the specifications for all types of fuel and fuel-related products set-forth pursuant to this section shall be adopted by the BPS as Philippine National Standards (PNS).

The DOE shall also specify the allowable content of additives in all types of fuels and fuel-related products. Such standards shall be based primarily on threshold levels of health and research studies. On the basis of such specifications, the DOE shall likewise limit the content or begin that phase-out of additives in all types of fuels and fuel-related products as it may deem necessary. Other agencies involved in the performance of this function shall be required to coordinate with the DOE and transfer all documents and information necessary for the implementation of this provision.

Consistent with the provisions of the preceding paragraphs under this section, it is declared that:

a) not later than eighteen (18) months after the effectivity of this Act, no person shall manufacture, import, sell, supply, offer for sale, dispense, transport or introduce into commerce unleaded premium gasoline fuel which has an anti-knock index (AKI) of not less that 87.5 and Reid vapor pressure of not more than 9 psi. Within six (6) months after the effectivity of this Act,


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unleaded gasoline fuel shall contain aromatics not to exceed forty-five percent (45%) by volume and benzene not to exceed four percent (4%) by volume;Provided, that by year 2003, unleaded gasoline fuel should contain aromatics not to exceed thirty-five percent (35%) by volume and benzene not to exceed two percent (2%) by volume;

b) not later than eighteen (18) months after the effectivity of this Act, no person shall manufacture, import, sell, supply, offer for sale, dispense, transport or introduce into commerce automotive diesel fuel which contains a concentration of sulfur in excess of 0.20% by weight with a cetane number of index of not less than forty-eight (48): Provided, That by year 2004, content of said sulfur shall be 0.05% by weight; and

c) not later than eighteen (18) months after the effectivity of this Act, no Person shall manufacture, import, sell, supply, offer for sale, dispense, transport or introduce into commerce industrial diesel fuel which contains a concentration of sulfur in excess of 0.30% (by weight).

Every two (2) years thereafter or as the need arises, the specifications of unleaded gasoline and of automotive and industrial diesel fuels shall be reviewed and revised for further improvement in formulation and in accordance with the provisions of this Act.

The fuels characterized above shall be commercially available. Likewise, the same shall be the reference fuels for emission and testing procedures to be established in accordance with the provisions of this Act.

Any proposed additive shall not in any way increase emissions of any of the regulated gases which shall include, but not limited to carbon monoxide, hydrocarbons, and oxides of nitrogen and particulate matter, in order to be approved and certified by the Department.

Section 27. Regulation of Fuels and Fuel Additives. - The DOE, in coordination with the Department and the BPS, shall regulate the use of any fuel or fuel additive. No manufacturer, processor or trader of any fuel or additive may import, sell, offer for sale, or introduce into commerce such fuel for additive unless the same has been registered with the DOE. Prior to registration, the manufacturer, processor or trader shall provide the DOE with the following relevant information:

a) Product identity and composition to determine the potential health effects of such fuel additives;

b) Description of the analytical technique that can be used to detect and measure the additive in any fuel;


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c) Recommended range of concentration; and

d) Purpose in the use of the fuel and additive.

Section 28. Misfueling. - In order to prevent the disabling of any emission control device by lead contamination, no person shall introduce or cause or allow the introduction of leaded gasoline into any motor vehicle equipped with a gasoline tank filler inlet and labeled "unleaded gasoline only". This prohibition shall also apply to any person who knows or should know that such vehicle is designed solely for the use of unleaded gasoline.

Section 29.Prohibition on Manufacture, Import and Sale of leaded Gasoline and of Engines and/or Components Requiring Leaded Gasoline. - Effective not later than eighteen (18) months after the enactment of this Act, no person shall manufacture, import, sell, offer for sale, introduce into commerce, convey or otherwise dispose of, in any manner, leaded gasoline and engines and components requiring the use of leaded gasoline.

For existing vehicles, the DTI shall formulate standards and procedures that will allow non-conforming engines to comply with the use of unleaded fuel within five(5) years after the effectivity of this Act.

Article TwoOther Pollutants

Section 30. Ozone-Depleting Substances. - Consistent with the terms and conditions of the Montreal Protocol on Substances that Deplete the Ozone Layer and other international agreements and protocols to which the Philippines is a signatory, the Department shall phase out ozone-depleting substances.

Within sixty (60) days after the enactment of this Act, the Department shall publish a list of substances which are known to cause harmful effects on the stratospheric ozone layer.

Section 31. Greenhouse Gases. - The Philippine Atmospheric, Geophysical and Astronomical Service

Administration (PAGASA) shall regularly monitor meteorological factors affecting environmental conditions including ozone depletion and greenhouse gases and coordinate with the Department in order to effectively guide air pollution monitoring and standard-setting activities.

The Department, together with concerned agencies and local government units, shall prepare and fully implement a national plan consistent with the United Nations


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Framework Convention on Climate Change and other international agreements, conventions and protocols on the reduction of greenhouse gas emissions in the country.

Section 32. Persistent Organic Pollutants. - The Department shall, within a period of two (2) years after the enactment of this Act, establish an inventory list of all sources of Persistent Organic Pollutants (POPs) in the country. The Department shall develop short-term and long-term national government programs on the reduction and elimination of POPs such as dioxins and furans. Such programs shall be formulated within a year after the establishment of the inventory list.

Section 33. Radioactive Emissions. - All projects which will involve the use of atomic and/or nuclear energy, and will entail release and emission of radioactive substances into the environment, incident to the establishment or possession of nuclear energy facilities and radioactive materials, handling, transport, production, storage, and use of radioactive materials, shall be regulated in the interest of public health and welfare by the Philippine

Nuclear Research Institute (PNRI), in coordination with Department and other appropriate government agencies.

Chapter 4Institutional Mechanism

Section 34. Lead Agency. - The Department, unless otherwise provided herein, shall be the primary government agency responsible for the implementation and enforcement of this Act. To be more effective in this regard, The Department's Environmental Management Bureau (EMB) shall be converted from a staff bureau to a line bureau for a period of no more than two (2) years, unless a separate, comprehensive environmental management agency is created.

Section 35. Linkage Mechanism. - The Department shall consult, participate, cooperate and enter into agreement with other government agencies, or with affected non-governmental (NGOs) or people's organizations (POs),or private enterprises in the furtherance of the objectives of this Act.

Section 36. Role of Local Government Units. - Local Government Units (LGUs) shall share the responsibility in the management and maintenance of air quality within their territorial jurisdiction. Consistent with Sections 7, 8 and 9 of this Act, LGUs shall implement air quality standards set by the Board in areas within their jurisdiction;Provided, however, That in case where the board has not been duly constituted and has not promulgated its standards, the standards set forth in this Act shall apply.


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The Department shall provide the LGUs with technical assistance, trainings and a continuing capability-building program to prepare them to undertake full administration of the air quality management and regulation within their territorial jurisdiction.

Section 37. Environmental and Natural Resources Office. - There may be established an Environment and Natural Resources Office in every province, city, or municipality which shall be headed by the environment and natural resources officer and shall be appointed by the Chief Executive of every province, city or municipality in accordance with the provisions of Section 484 of Republic Act No. 7160. Its powers and duties, among others, are:

a) To prepare comprehensive air quality management programs, plans and strategies within the limits set forth in Republic act. No. 7160 and this Act which shall be implemented within its territorial jurisdiction upon the approval of the sanggunian;

b) To provide technical assistance and support to the governor or mayor, as the case may be, in carrying out measures to ensure the delivery of basic services and the provision of adequate facilities relative to air quality;

c) To take the lead in all efforts concerning air quality protection and rehabilitation;

d) To recommend to the Board air quality standards which shall not exceed the maximum permissible standards set by rational laws;

e) To coordinate with other government agencies and non-governmental organizations in the implementation of measures to prevent and control air pollution; and

f) Exercise such other powers and perform such duties and functions as may be prescribed by law or ordinance: Provided, however, That in provinces/cities/municipalities where there are no environment and natural resources officers, the local executive concerned may designate any of his official and/or chief of office preferably the provincial, city or municipal agriculturist, or any of his employee: Provided, Finally, That in case an employee is designated as such, he must have sufficient experience in environmental and natural resources management, conservation and utilization.

Section 38. Record-keeping, Inspection, Monitoring and Entry by the Department. - The Department or its duly accredited entity shall, after proper


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consultation and notice, require any person who owns or operates any emissions source or who is subject to any requirement of this Act to:

(a) establish and maintain relevant records;

(b) make relevant reports;

(c) install, use and maintain monitoring equipment or methods;

(d) sample emission, in accordance with the methods, locations, intervals and manner prescribed by the Department;

(e) keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical; and

(f) provide such other information as the Department may reasonably require.

Pursuant to this Act, the Department, through its authorized representatives, shall have the right of:

(a) entry or access to any premises including documents and relevant materials as referred to in the herein preceding paragraph;

(b) inspect any pollution or waste source, control device, monitoring equipment or method required; and

(c) test any emission.

Any record, report or information obtained under this section shall be made available to the public, except upon a satisfactory showing to the Department by the entity concerned that the record, report or information, or parts thereof, if made public, would divulge secret methods or processes entitled to protection as intellectual property. Such record, report or information shall likewise be incorporated in the Department's industrial rating system.

Section 39. Public Education and Information Campaign. - A continuing air quality information and education campaign shall promoted by the Department, the Department of Education, Culture and Sports (DECS), the Department of the Interior and Local Government (DILG), the Department of Agriculture (DA) and the Philippine Information Agency (PIA). Consistent with Sec. 7 of this Act, such campaign shall encourage the participation of other government agencies and the private sector including NGOs, POs, the academe, environmental groups and other private entities in a multi-sectoral information campaign.


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Chapter 5Actions

Section 40. Administrative Action. - Without prejudice to the right of any affected person to file an administrative action, the Department shall, on its own instance or upon verified complaint by any person, institute administrative proceedings against any person who violates:

(a) Standards or limitation provided under this Act; or

(b) Any order, rule or regulation issued by the Department with respect to such standard or limitation.

Section 41. Citizen Suits. - For purposes of enforcing the provisions of this Act or its implementing rules and regulations, any citizen may file an appropriate civil, criminal or administrative action in the proper courts against:

(a) Any person who violates or fails to comply with the provisions of this Act or its implementing rules and regulations; or

(b) The Department or other implementing agencies with respect to orders, rules and regulations issued inconsistent with this Act; and/or

(c) Any public officer who willfully or grossly neglects the performance of an act specifically enjoined as a duty by this Act or its implementing rules and regulations; or abuses his authority in the performance of his duty; or, in any manner, improperly performs his duties under this Act or its implementing rules and regulations: Provided, however, That no suit can be filed until thirty-day (30) notice has been taken thereon.

The court shall exempt such action from the payment of filing fees, except fees for actions not capable of pecuniary estimations, and shall likewise, upon prima facie showing of the non-enforcement or violation complained of, exempt the plaintiff from the filing of an injunction bond for the issuance of a preliminary injunction.

Within thirty (30) days, the court shall make a determination if the compliant herein is malicious and/or baseless and shall accordingly dismiss the action and award attorney's fees and damages.

Section 42. Independence of Action. - The filing of an administrative suit against such person/entity does not preclude the right of any other person to file any criminal or civil action. Such civil action shall proceed independently.


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Section 43. Suits and Strategic Legal Actions Against Public Participation and the Enforcement of This Act. - Where a suit is brought against a person who filed an action as provided in Sec. 41 of this Act, or against any person, institution or government agency that implements this Act, it shall be the duty of the investigating prosecutor or the court, as the case may be, to immediately make a determination not exceeding thirty (30) days whether said legal action has been filed to harass, vex, exert undue pressure or stifle such legal recourses of the person complaining of or enforcing the provisions of this Act. Upon determination thereof, evidence warranting the same, the court shall dismiss the case and award attorney's fees and double damages.

This provision shall also apply and benefit public officers who are sued for acts committed in their official capacity, their being no grave abuse of authority, and done in the course of enforcing this Act.

Section 44. Lien Upon Personal and Immovable Properties of Violators. - Fines and penalties imposed pursuant to this Act shall be liens upon personal or immovable properties of the violator. Such lien shall, in case of insolvency of the respondent violator, enjoy preference to laborer's wages under Articles 2241 and 2242 of Republic Act No. 386, otherwise known as the New Civil Code of the Philippines.

Chapter 6Fines and Penalties

Section 45. Violation of Standards for Stationary Sources. - For actual exceedance of any pollution or air quality standards under this Act or its rules and regulations, the Department, through the Pollution Adjudication Board (PAB), shall impose a fine of not more than One hundred thousand pesos (P100,000.00) for every day of violation against the owner or operator of a stationary source until such time that the standards have been complied with.

For purposes of the application of the fines, the PAB shall prepare a fine rating system to adjust the maximum fine based on the violator's ability to pay, degree of willfulness, degree of negligence, history of non-compliance and degree of recalcitrance: Provided, That in case of negligence, the first time offender's ability to pay may likewise be considered by the Pollution Adjudication Board: Provided, Further, That in the absence of any extenuating or aggravating circumstances, the amount of fine for negligence shall be equivalent to one-half of the fine for willful violation.

The fines herein prescribed shall be increased by at least ten percent (10%), every three (3) years to compensate for inflation and to maintain the deterrent function of such fines.


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In addition to the fines, the PAB shall order closure, suspension of development, construction, or operations of the stationary sources until such time that proper environmental safeguards are put in place: Provided, That an establishment liable for a third offense shall suffer permanent closure immediately. This paragraph shall be without prejudice to the immediate issuance of an ex parte order for such closure, suspension of development or construction, or cessation of operations during the pendency of the case upon prima facie evidence that their is imminent threat to life, public health, safety or general welfare, or to plant or animal life, or whenever there is an exceedance of the emission standards set by the Department and/or the Board and/or the appropriate LGU.

Section 46. Violation of Standards for Motor Vehicles. - No motor vehicle shall be registered with the DOTC unless it meets the emission standards set by the Department as provided in Sec. 21 hereof.

Any vehicle suspected of violation of emission standards through visual signs, such as, but not limited to smoke-belching, shall be subjected to an emission test by a duly authorized emission testing center. For this purpose, the DOTC or its authorized testing center shall establish a roadside inspection system. Should it be shown that there was no violation of emission standards, the vehicle shall be immediately released. Otherwise, a testing result indicating an exceedance of the emission standards would warrant the continuing custody of the impounded vehicle unless the appropriate penalties are fully paid, and the license plate is surrendered to the DOTC pending the fulfillment of the undertaking by the owner/operator of the motor vehicle to make the necessary repairs so as to comply with the standards. A pass shall herein be issued by the DOTC to authorize the use of the motor vehicle within a specified period that shall not exceed seven (7) days for the sole purpose of making the necessary repairs on the said vehicle. The owner/operator of the vehicle shall be required to correct its defects and show proof of compliance to the appropriate pollution control office before the vehicle can be allowed to be driven on any public or subdivision roads.

In addition, the driver and operator of the apprehended vehicle shall undergo a seminar on pollution control management conducted by the DOTC and shall also suffer the following penalties:

a) First Offense - a fine not to exceed Two Thousand Pesos (P2,000.00);

b) Second Offense - a fine not less than Two Thousand Pesos (P2,000.00) and not to exceed Four Thousand Pesos (P4,000.00); and

c) Third offense - one (1) year suspension of the Motor Vehicle Registration (MVR) and a fine of not less than Four Thousand Pesos (P4,000.00) and not more than Six thousand pesos (P6,000.00).


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Any violation of the provisions of Sec. 21 paragraph (d) with regard to national inspection and maintenance program, including technicians and facility compliance shall penalized with a fine of not less than Thirty Thousand Pesos (P30,000.00) or cancellation of license of both the technician and the center, or both, as determined by the DTI.

All law enforcement officials and deputized agents accredited to conduct vehicle emissions testing and apprehensions shall undergo a mandatory training on emission standards and regulations. For this purpose, the Department, together with the DOTC, DTI, DOST, Philippine National Police (PNP) and other concerned agencies and private entities shall design a training program.

Section 47. Fines and Penalties for Violations of Other Provisions in the Act. - For violations of all other provisions provided in this Act and of the rules and regulations thereof, a fine of not less than Ten thousand pesos (P10,000) but not more than One Hundred thousand Pesos (P100,000) or six (6) months to six (6) years imprisonment or both shall be imposed. If the offender is a juridical person, the president, manager, directors, trustees, the pollution control officer or the officials directly in charge of the operations shall suffer the penalty herein provided.

Section 48. Gross Violations. - In case of gross violation of this Act or its implementing rules and regulations, the PAB shall recommend to the proper government agencies to file the appropriate criminal charges against the violators. The PAB shall assist the public prosecutor in the litigation of the case. Gross violation shall mean:

(a) three (3) or more specific offenses within a period of one (1) year;

(b) three (3) or more specific offenses with three (3) consecutive years;

(c) blatant disregard of the orders of the PAB, such s but not limited to the breaking of seal, padlocks and other similar devices, or operation despite the existence of an order for closure, discontinuance or cessation of operation; and

(d) irreparable or grave damage to the environment as a consequence of any violation of the provisions of this Act.

Offenders shall be punished with imprisonment of not less than six (6) years but not more than ten (10) years at the discretion of the court. If the offender is a juridical person, the president, manager, directors, trustees, the pollution control officer or the officials directly in charge of the operations shall suffer the penalty herein provided.


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Chapter 7Final Provisions

Section 49. Potential Loss or Shifts of Employment. - The Secretary of Labor is hereby authorized to establish a compensation, retraining and relocation program to assist workers laid off due to a company's compliance with the provisions of this Act.

Section 50. Appropriations. - An amount of Seven Hundred Fifty Million Pesos (P750,000,000.00) shall be appropriated for the initial implementation of this Act, of which, the amount of Three Hundred Million Pesos (P300,000,000.00) shall be appropriated to the Department; Two Hundred Million Pesos (P200,000,000.00) to the DTI; One Hundred Fifty Million Pesos (P150,000,000.00) to the DOTC; and One Hundred Million Pesos (P100,000,000.00) to the DOE.

Thereafter, the amount necessary to effectively carry out the provisions of this Act shall be included in the General Appropriations Act.

Section 51. Implementing Rules and Regulations. - The Department, in coordination with the Committees on Environment and Ecology of the Senate and House of Representatives, respectively and other agencies, shall promulgate the implementing rules and regulations for this Act, within one (1) year after the enactment of this Act:Provided, That rules and regulations issued by other government agencies and instrumentalities for the prevention and/or abatement of pollution not inconsistent with this Act shall supplement the rules and regulations issued by the Department pursuant to the provisions of this Act.

Section 52. Report to Congress. - The Department shall report to Congress, not later than March 30 of every year following the approval of this Act, the progress of the pollution control efforts and make the necessary recommendations in areas where there is need for legislative action.

Section 53. Joint Congressional Oversight Committee. - There is hereby created a joint congressional oversight committee to monitor the implementation of this Act. The committee shall be composed of five (5) senators and five (5) representatives to be appointed by the Senate President and the Speaker of the House of Representatives, respectively, the oversight committee shall be co-chaired by a senator and a representative designated by the Senate President and the Speaker of the House of Representatives, respectively.

The mandate given to the joint congressional oversight committee under this Act shall be without prejudice to the performance of the duties and functions by the respective existing oversight committees of the Senate and the House of Representatives.


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Section 54. Separability of Provisions. - If any provision of this Act or the application of such provision to any person or circumstances is declared unconstitutional, the remainder of the Act or the application of such provision to other person or circumstances shall not be affected by such declaration.

Section 55. Repealing Clause. - Presidential Decree No. 1181 is hereby repealed. Presidential Decrees Nos. 1152, 1586 and Presidential Decree No. 984 are partly modified. All other laws, orders, issuance, rules and regulations inconsistent herewith are hereby repealed or modified accordingly.

Section 56. Effectivity. - This Act shall take effect fifteen (15) days from the date of its publication in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved, June 23, 1999.


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RA 9003:Philippine Ecological Solid Waste Management

RA 9003: Philippine Ecological Solid Waste

Management Act of 2000

INTRODUCTION


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REPUBLIC ACT 9003

“Behaviour is a key cultural aspect that is embedded in people’s way of life. Studying a community’s behavior and introducing new ones requires

intensive, long-term, and creative social marketing. This can be done by studying the demographic and cultural fiber of the community through

immersions and capacity building activities.”

INTRODUCTIONNationwide, solid waste management (SWM) has not been among the top priorities in most local government units (LGUs). Generally, people think that as long as garbage is collected from their households, their garbage problem has been solved. For most local chief executives, SWM is about collection of garbage. As long as the mound of garbage is collected it is a problem of “out of sight and out of mind” (ADB, 2004). In many LGUs, solid waste is being managed to some extent as mandated by the Local Government Code of 1991 (Chan Robles Group, 1999). However, management here is limited to collection and dumping of garbage into an open dumpsite, oftentimes not


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properly situated and exposing the public to the risk of airborne infection; the environment, especially the groundwater; to the leaching of toxic chemicals coming from the constituents of the decomposing garbage; and many other such detrimental effects that may occur from exposed dumpsites. Oftentimes, scavengers or waste pickers, most of them families with little children, come to pick waste from the dumps without any means of protective accessories, exposing them to all kinds of disease-causing agents. These waste pickers would sometimes burn the garbage after all that has been gleaned, thus actively polluting the airshed.

The passage of Republic Act 9003 (RA 9003) puts solid waste management into proper perspective.

It is hoped that this law will help to meet the growing need to improve the management of increasing volume of solid wastes generated in the Philippines. Since its signing into law, all local chief executives in the Philippines have been bothered by its implementation or lack of it. Foreign funding has been pouring in to help carry out its implementation. ADB (2004) has carried out a project regarding SWM in Metro Manila. Problems on SWM implementation in Metro Manila have been highlighted by Bustamante (2001), while Mendoza (2004) outlines the challenges faced by the Arroyo administration in carrying out the provisions of the solid waste Act. The National Solid Waste Management Commission (NSWMC) (2005a) has been agog in trying to help out LGUs in the implementation. Lawsuits are slowly being filed against mayors who have not yet acted on any of its provisions. Peña (2005) reported some of these lawsuits being filed against some mayors for not implementing the law.

RA 9003: HISTORY OF THE PASSAGEThe volume of solid waste generated in every part of the Philippines has been constantly increasing. Nowhere has this been evident as the volume of solid waste being generated in Metro Manila. There had been several masterplans formulated by the then Metro Manila Commission to address the garbage situation in the Metro Manila since 1969, but had not been implemented for many reasons (Bustamante, 2001). The constantly growing volume of solid waste had been the target of media exposures. The growing protest of many residents surrounding Metro Manila’s dumpsites prompted some lawmakers to file some house bills to address environment and sanitation problems, not only of Metro Manila but for the country as well.


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With the growing garbage crisis, the lower and the upper houses of the legislature were finally forced to accelerate their efforts in order to come up with a comprehensive law that will, once and for all, help solve the garbage crisis plaguing Metro Manila and the rest of the country. Thus, at the height of the impeachment trial of the then President Joseph Estrada, a new law was enacted. This law, a consolidation of House Bill No. 10651 and Senate Bill No. 1595, was finally passed by the House of Representatives and the Senate onDecember 20, 2000 and December 12, 2000, respectively. This consolidated bill was signed into law by President Gloria Macapagal Arroyo on January 26, 2001 and is now known as the Republic Act 9003 or the Ecological Solid Waste Management Act of 2000.

KEY PROVISIONS OF RA 9003The Ecological Solid Waste Management Act of 2000 (RA 9003) provides the legal framework for the systematic, comprehensive and ecological solid waste management program of the Philippines, which shall ensure protection of public health and the environment. It emphasizes the need to create the necessary institutional mechanisms and incentives, and imposes penalties for acts in violation of any of its provisions (NSWMC, 2005b). The implementing rules and regulations of R.A. No. 9003 are contained in the Philippines Department of Environment and Natural Resources (DENR) Administrative Order No. 2001-34 (NSWMC, 2001).The Republic Act 9003 specifically mandates all, especially the local government units, to adopt a systematic, comprehensive and ecological solid waste management program which shall ensure protection of public health and environment; utilize environmentally sound methods; set targets and guidelines for solid waste avoidance and reduction; ensure proper segregation, collection, transport and storage of solid waste; promote national research and development programs for improved SWM; encourage greater sector participation; retain primary enforcement and responsibility of SWM with local government units; encourage cooperation and self-regulation among waste generators; institutionalize public participation; and strengthen the integration of


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ecological solid waste management, resource conservation and recovery topics into the academic curricula.

STATUS OF IMPLEMENTATION OF RA 9003In the Philippines, the most common method of solid waste disposal is through open dumping. Although some municipalities have started planning for the conversion and rehabilitation of their open dumps into controlled dumpsites while others are looking at a possibility of sharing a sanitary landfill with their neighbors in the provinces, most of these municipalities are still disposing in open dumpsites. According to the report of the National Solid Waste Management Commission, there are still about 734 open dumpsites existing nationwide; about 264 open dumps are beginning to be converted into controlled dumpsites in addition to the 142 areas proposed for development. Two hundred and fifteen LGU sites have also been identified as potential sanitary landfills in the entire country.

The Department of Environment and Natural Resources, through the Environmental Management Bureau (EMB) and the NSWMC Secretariat, has been tasked to carry out and implement the provisions of RA 9003. To date, since the Ecological Solid Waste Management Act of 2000 has been signed into law, the NSWMC has formulated the Guidelines on formulation and finalization of the National SWM Framework, National SWM Status Report and other Administrative and Technical Guidelines directed to support the implementation of the Ecological SWM system. It has alsoconducted 92 seminars, trainings and lectures on solid waste management to LGUs, schools and other stakeholders.

Since the deadline of the conversion/ closure of all open dumpsites under Section 37 of RA 9003 was February 16, 2004, about 126 LGUs have complied with the conversion/ upgrading to Controlled Dumpsites (NSWMC, 2005b); and 976 Materials Recovery Facilities have been operationalized, servicing 1140 barangays nationwide. The NSWMC also conducted an initial "Estero (estuary) Clean-up" activity in Metro Manila, in collaboration with the DENR and other partners. It has established a partnership and cooperation with foreign/ international funding institutions in order to strengthen and establish the national and local support mechanisms.


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KEY ISSUES AND CHALENGES ON THE IMPLEMENTATION

While incentives are already being provided to the local governments by the national government, the implementation of the Act seems rather slow. Based on the report of the NSWMC regarding the implementation of RA 9003, there are three major issues to contend with. These are: (1) administrative/management issues, (2) economic and financial issues, and (3) technical issues.

Administrative/management issuesAs in any case, political will of the local chief executives play a major role in the success of implementation of SWM programs. Although SWM awareness is high among them, there still seems a negative attitude from the local officials. This negative attitude as well as a lack of initiative and responsibility among officials in carrying out the provisions of the law definitely hinders its implementation. Without much support from the local officials, national programs and agenda such as the Ecological Solid Waste Management Act will not go any further than the existing method of collection and disposal of garbage in open dumps in their localities. In some localities, proper implementation of solid waste management does not seem to be a priority as opposed to infrastructure projects such as the building of a new market, bridge, roads or some other infrastructure facilities. Not all LGUs have complied with the creation of mandatory ten-year SWM plans. While most of them have tried to create their SWM boards, these are oftentimes not functional.

The term of office of the local officials also play a crucial role in the implementation of the provisions of the Act. A mayor has a very short term (3-years) of office. This short term could hinder implementation since he has his hands full of many other programs. A comprehensive SWM may not be


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sustained if he is not reelected due to some conflicting agenda of the succeeding official.

Collection and disposal are the easiest method of SWM since implementation of waste segregation is a very difficult endeavor in terms of training the populace to compost, reuse, and recycle waste.

To answer the challenge, the NSWMC is trying to come up with some initiatives in order to facilitate the implementation of RA 9003. Also, the NSWMC, together with Integrated Bar of the Philippines, and the Philippine Bar Association has started to aggressively implement and enforce the law by filing suits against local chief executives for non-compliance of the law.

Economic and financial issuesBased on the report by the NSWMC (2005a), expenditures on SWM still remain small. These expenditures remain subsidized from the government. Also, very few LGUs collect fees for garbage disposal from households, resulting in limited revenue of the LGUs for solid waste management. The budget for SWM is mainly spent on collection of garbage from households, transportation and disposal. While the national government encourages full implementation of the law, it does not provide any cost-sharing grants to LGUs to help them address SWM issues. These in turn, have hindered the full implementation of a comprehensive solid waste management.

Technical issuesAs mandated by the Act, each LGU, through its solid waste management board, is tasked to create a ten-year’s SWM plan, in order to help them carry out the provisions of the law. However, according to the NSWMC, most LGUs have communicated that they do not have the technical capability to do this on their own. They need a lot of help in the formulation of their SWM plans from the national government in coordination with other agencies.

REPUBLIC ACT 9003 January 26, 2001137

Environmental EngineeringEngr. Denvert Pangayao

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AN ACT PROVIDING FOR AN ECOLOGICAL SOLID WASTE MANAGEMENT PROGRAM, CREATING THE NECESSARY INSTITUTIONAL MECHANISMS AND INCENTIVES, DECLARING CERTAIN ACTS PROHIBITED AND PROVIDING PENALTIES, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES

RA 9003, THE ECOLOGICAL SOLID WASTE MANAGEMENT ACT

A. INTRODUCTION

President Gloria Macapagal-Arroyo signed Republic Act No.9003 into law on 26 January 2001. It is the first bill enacted immediately after EDSA 2.Short-titled Ecological Solid Waste Management Act of 2000; it is by farther most comprehensive piece of legislation to address the country’s garbageproblem.

This dissection of the Ecological Waste Management Act into implementation issues seeks to present a basic understanding of RA 9003and identify as well as anticipate possible choke points that may arise in the implementation of the law. There is also a need to look at the importance of ensuring fund allocation for its implementation and possible future scenarios.

This paper recognizes that effective implementation of the law needs to proceed beyond the ideal circumstances. If not, an end result would be a perpetuation of the problems it sought to address. It seeks not to duplicate the implementation problems encountered by another landmark law – the Clean Air Act.

Last year, Metro Manila generated an estimate of 5,948 tons of solid waste per day. Within five (5) years after the effectively of RA 9003, approximately 1,500 tons should be diverted from simply disposable to recycled, re-used or compost products. A World Bank-funded study discovered that as early as


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1982, despite a lower volume of waste, 1,839 tons could possibly be recovered. Solid waste management whose importance is directly related to public health, resource management and utilization, and maintaining a clean environment, is necessary in ensuring human development. The law specifically declares in Sec. 2 that it is the policy of the state to adopt a systematic, comprehensive and ecological solid waste management system.

B. DEFINITION OF TERMS

For the purposes of this Act:

(a) Agricultural waste shall refer to waste generated from planting or harvesting of crops, trimming or pruning of plants and wastes or run-off materials from farms or fields;

(b) Bulky wastes shall refer to waste materials which cannot be appropriately placed in separate containers because of either its bulky size, shape or other physical attributes. These include large worn-out or broken household, commercial, and industrial items such as furniture, lamps, bookcases, filing cabinets, and other similar items;

(c) Bureau shall refer to the Environmental Management Bureau;

(d) Buy-back center shall refer to a recycling center that purchases of otherwise accepts recyclable materials from the public for the purpose of recycling such materials;

(e) Collection shall refer to the act of removing solid waste from the source or from a communal storage point;

(f) Composting shall refer to the controlled decomposition of organic matter by micro-organisms, mainly bacteria and fungi, into a humus-like product;

(g) Consumer electronics shall refer to special waste that includes worn-out, broken, and other discarded items such as radios, stereos, and TV sets;

(h) Controlled dump shall refer to a disposal site at which solid waste is deposited in accordance with the minimum prescribed standards of site operation;


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(i) Department shall refer to the Department of Environment and Natural Resources;

(j) Disposal shall refer to the discharge, deposit, dumping, spilling, leaking or placing of any solid waste into or in a land;

(k) Disposal site shall refer to a site where solid waste is finally discharged and deposited;

(l) Ecological solid waste management shall refer to the systematic administration of activities which provide for segregation at source, segregated transportation, storage, transfer, processing, treatment, and disposal of solid waste and all other waste management activities which do not harm the environment;

(m) Environmentally acceptable shall refer to the quality of being re-usable, biodegradable or compostable, recyclable and not toxic or hazardous to the environment;

(n) Generation shall refer to the act or process of producing solid waste;

(o) Generator shall refer to a person, natural or juridical, who last uses a material and makes it available for disposal or recycling;

(p) Hazardous waste shall refer to solid waste management or combination of solid waste which because of its quantity, concentration or physical, chemical or infectious characteristics may:

(1) cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or

(2) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed;

(q) Leachate shall refer to the liquid produced when waste undergo decomposition, and when water percolate through solid waste undergoing decomposition. It is contaminated liquid that contains dissolved and suspended materials;


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(r) Materials recovery facility - includes a solid waste transfer station or sorting station, drop-off center, a composting facility, and a recycling facility;

(s) Municipal waste shall refer to wastes produced from activities within local government units which include a combination of domestic, commercial, institutional and industrial wastes and street litters;

(t) Open dump shall refer to a disposal area wherein the solid wastes are indiscriminately thrown or disposed of without due planning and consideration for environmental and Health standards;

(u) Opportunity to recycle shall refer to the act of providing a place for collecting source-separated recyclable material, located either at a disposal site or at another location more convenient to the population being served, and collection at least once a month of source-separated recyclable material from collection service customers and to providing a public education and promotion program that gives notice to each person of the opportunity to recycle and encourage source separation of recyclable material;

(v) Person(s) shall refer to any being, natural or judicial, susceptible of rights and obligations, or of being the subject of legal relations;

(w) Post-consumer material shall refer only to those materials or products generated by a business or consumer which have served their intended end use, and which have been separated or diverted from solid waste for the purpose of being collected, processed and used as a raw material in the manufacturing of recycled product, excluding materials and by-products generated from, and by-products generated from, and commonly used within an original manufacturing process, such as mill scrap;

(x) Receptacles shall refer to individual containers used for the source separation and the collection of recyclable materials;

(y) Recovered material shall refer to material and by products that have been recovered or diverted from solid waste for the purpose of being collected, processed and used as a raw material in the manufacture of a recycled product;


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(z) Recyclable material shall refer to any waste material retrieved from the waste stream and free from contamination that can still be converted into suitable beneficial use or for other purposes, including, but not limited to, newspaper, ferrous scrap metal, non-ferrous scrap metal, used oil, corrugated cardboard, aluminum, glass, office paper, tin cans and other materials as may be determined by the Commission;

(aa) Recycled material shall refer to post-consumer material that has been recycled and returned to the economy;

(bb) Recycling shall refer to the treating of used or waste materials through a process of making them suitable for beneficial use and for other purposes, and includes any process by which solid waste materials are transformed into new products in such a manner that the original product may lose their identity, and which maybe used as raw materials for the production of other goods or services: Provided, That the collection, segregation and re-use of previously used packaging material shall be deemed recycling under this Act;

(cc) Resource conversation shall refer to the reduction of the amount of solid waste that are generated or the reduction of overall resource consumption, and utilization of recovered resources;

(dd) Resources recovery shall refer to the collection, extraction or recovery of recyclable materials from the waste stream for the purpose of recycling, generating energy or producing a product suitable for beneficial use: Provided, that such resource recovery facilities exclude incineration;

(ee) Re-use shall refer to the process of recovering materials intended for the same or different purpose without the alteration of physical and chemical characteristics;

(ff) Sanitary landfill shall refer to a waste disposal site designed, constructed, operated and maintained in a manner that exerts engineering control over significant potential environment impacts arising from the development and operation of the facility;


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(gg) Schedule of Compliance shall refer to an enforceable sequence of actions or operations to be accomplished within a stipulated time frame leading to compliance with a limitation, prohibition or standard set forth in this Act or any rule of regulation issued pursuant thereto;

(hh) Secretary landfill shall refer to the Secretary of the Department of Environment and Natural Resources;

(ii) Segregation shall refer to a solid waste management practice of separating different materials found in solid waste in order to promote recycling and re-use of resources and to reduce the volume of waste for collection and disposal;

(jj) Segregation at source shall refer to a solid waste management practice of separating, at the point of origin, different materials found in solid waste in order to promote recycling and re-use of resources and to reduce the volume of waste for collection and disposal;

(kk) Solid waste shall refer to all discarded household, commercial waste, non-hazardous institutional and industrial waste, street sweepings, construction debris, agricultural waste, and other non-hazardous/non-toxic solid waste.

Unless specifically noted otherwise, the term "solid waste" as used in this Act shall not include:

(1) Waste identified or listed as hazardous waste of a solid, liquid, contained gaseous or semisolid form which may cause or contribute to an increase in mortality or in serious or incapacitating reversible illness, or acute/chronic effect on the health of persons and other organisms;

(2) Infectious waste from hospitals such as equipment, instruments, utensils, and fomites of a disposable nature from patients who are suspected to have or have been diagnosed as having communicable diseases and must therefore be isolated as required by public health agencies, laboratory wastes such as pathological specimens (i.e. all tissues, specimens of blood elements, excreta, and secretions obtained from patients or laboratory animals) and disposable fomites that may harbor or transmit pathogenic


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organisms, and surgical operating room pathologic materials from outpatient areas and emergency rooms; and

(3) Waste resulting from mining activities, including contaminated soil and debris.

(ll) Solid waste management shall refer to the discipline associated with the control of generation, storage, collection, transfer and transport, processing, and disposal of solid wastes in a manner that is in accord with the best principles of public health, economics, engineering, conservation, aesthetics, and other environmental considerations, and that is also responsive to public attitudes;

(mm) Solid waste management facility shall refer to any resource recovery system or component thereof; any system, program, or facility for resource conservation; any facility for the collection, source separation, storage, transportation, transfer, processing, treatment, or disposal of solid waste;

(nn) Source reduction shall refer to the reduction of solid waste before it enters the solid waste stream by methods such as product design, materials substitution, materials re-use and packaging restrictions;

(oo) Source separation shall refer to the sorting of solid waste into some or all of its component parts at the point of generation;

(pp) Special wastes shall refer to household hazardous wastes such as paints, thinners, household batteries, lead-acid batteries, spray canisters and the like. These include wastes from residential and commercial sources that comprise of bulky wastes, consumer electronics, and white goods, yard wastes that are collected separately, batteries, oil, and tires. These wastes are usually handled separately from other residential and commercial wastes;

(qq) Storage shall refer to the interim containment of solid wastes after generation and prior to collection for ultimate recovery or disposal;

(rr) Transfer stations shall refer to those facilities utilized to receive solid wastes, temporarily store, separate, convert, or otherwise process the materials in the solid wastes, or to transfer the solid wastes directly from


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smaller to larger vehicles for transport. This term does not include any of the following:

(1) a facility whose principal function is to receive, store, separate, convert or otherwise process in accordance with national minimum standards, manure;

(2) a facility, whose principal function is to receive, store, convert, or otherwise process wastes which have already been separated for re-use and are intended for disposals, and

(3) the operations premises of a duly licensed solid waste handling operator who is receives, stores, transfers, or otherwise processes wastes as an activity incidental to the conduct of a refuse collection and disposal business.

(ss) Waste diversion shall refer to activities which reduce or eliminate the amount of solid waste from waste disposal facilities;

(tt) White goods shall refer to large worn-out or broken household, commercial, and industrial appliances such as stoves, refrigerators, dishwashers, and clothes washers and dryers collected separately. White goods ate usually dismantled for the recovery of specific materials (e.g., copper, aluminum, etc.);

(uu) Yard waste shall refer to wood, small or chipped branches, leaves, grass clippings, garden debris, vegetable residue that is recognized as part of a plant or vegetable and other materials identified by the Commission.

C. INSTITUTIONAL MECHANISM

National Solid Waste Management Commission - There is hereby established a National Solid Waste Management Commission, hereinafter referred to as the Commission, under the Office of the President. The Commissioner shall be composed of fourteen (14) members from the government sector and three members from the private sector. The government sector shall be


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represented by the heads of the following agencies in their ex officio capacity:

(1) Department of Environment and Natural Resources (DENR);

(2) Department of the Interior and Local Government (DILG);

(3) Department of Science and Technology (DOST);

(4) Department of Public Works and Highways (DPWH);

(5) Department of Health (DOH);

(6) Department of Trade and Industry (DTI);

(7) Department of Agriculture (DA);

(8) Metro Manila Development Authority (MMDA);

(9) League of provincial governors;

(10) League of city mayors;

(11) League of municipal mayors;

(12) Association of barangay councils;

(13) Technical Education and Skills Development Authority (TESDA); and

(14) Philippine Information Agency.

The private sector shall be represented by the following:

(a) A representative from nongovernment organizations (NGOs) whose principal purpose is to promote recycling and the protection of air and water quality;

(b) A representative from the recycling industry; and

(c) A representative from the manufacturing or packaging industry;

The Commission may, from time to time, call on any other concerned agencies or sectors as it may deem necessary.


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Provided, That representatives from the NGOs, recycling and manufacturing or packaging industries shall be nominated through a process designed by themselves and shall be appointed by the President for a term of three (3) years.

Provided, further, that the Secretaries of the member agencies of the Commission shall formulate action plans for their respective agencies to complement the National Solid Waste Management Framework.

The Department Secretary and a private sector representative of the Commission shall serve as chairman and vice chairman, respectively. The private sector representatives of the Commission shall be appointed on the basis of their integrity, high decree of professionalism and having distinguished themselves in environmental and resource management. The members of the Commission shall serve and continue to hold office until their successors shall have been appointed and qualified. Should a member of the Commission fail to complete his/her term, the unexpired portion of the term. Finally, the members shall be entitled to reasonable traveling expenses and honoraria.

The Department, through the Environmental Management Bureau, shall provide secretariat support to the Commission. The Secretariat shall be headed by an executive director who shall be nominated by the members of the Commission and appointed by the chairman.

Provincial Solid Waste Management Board - A Provincial Solid Waste Management board shall be established in every province, to be chaired by the governor. Its members shall include:

(a) All the mayors of its component cities and municipalities;

(b) One (1) representative from the SangguniangPanlalawigan to be represented by the chairperson of either the Committees on Environment or Health or their equivalent committees, to be nominated by the presiding officer;

(c) The provincial health and/or general services officers, whichever may be recommended by the governor;


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(d) The provincial environment and natural resources officer;

(e) The provincial engineer;

(f) Congressional representatives from each congressional district within the province;

(g) A representative from the NGO sector whose principal purpose is to promote recycling and the protection of air and water quality;

(h) A representative from the recycling industry;

(i) A representative from the manufacturing or packaging industry; and

(j) A representative of each concerned government agency possessing relevant technical and marketing expertise as may be determined by the board.

The Provincial Solid Waste Management Board may, from time to time, call on any other concerned agencies or sectors as it may deem necessary.

Provided, That representatives from the NGOs, recycling and manufacturing or packaging industries shall be selected through a process designed by themselves and shall be endorsed by the government agency of representatives of the Board: Provided, further, that in the Province of Palawan, the Board shall be chaired by the chairman of the Palawan Council for Sustainable Development, pursuant to Republic Act No. 7611.

In the case of Metro Manila, the Board shall be chaired by the chairperson of the MMDA and its members shall include:

(i) all mayors of its component cities and municipalities;

(ii) a representative from the NGO sector whose principal purpose is to promote recycling and the protection of air and water quality;

(iii) a representative from the recycling industry; and

(iv) a representative from the manufacturing or packaging industry.


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The Board may, from time to time, call on any other concerned agencies or sectors as it may deem necessary.

Provided, That representatives from the NGOs, recycling and manufacturing or packaging industries shall be selected through a process designed by themselves and shall be endorsed by the government agency representatives of the Board.

The Provincial Solid Waste Management Board shall have the following functions and responsibilities:

(1) Develop a provincial solid waste management plan from the submitted solid waste management plans of the respective city and municipal solid waste management boards herein created. It shall review and integrate the submitted plans of all its component cities and municipalities and ensure that the various plans complement each other, and have the requisite components. The Provincial Solid Waste Management Plan shall be submitted to the Commission for approval.

The Provincial Plans shall reflect the general program of action and initiatives of the provincial government and implementing a solid waste management program that would support the various initiatives of its component cities and municipalities.

(2) Provide the necessary logistical and operational support to its component cities and municipalities in consonance with subsection (f) of Sec.17 of the Local Government Code;

(3) Recommend measures and safeguards against pollution and for the preservation of the natural ecosystem;

(4) Recommend measures to generate resources, funding and implementation of project and activities as specified in the duly approved solid waste management plans;

(5) Identify areas within its jurisdiction which have common solid waste management problems and are appropriate units are planning local solid waste management services in accordance with Section 41 hereof;


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(6) Coordinate the efforts of the component cities and municipalities in the implementation of the Provincial Solid Waste Management Plan;

(7) Develop an appropriate incentive scheme as an integral component of the Provincial Solid Waste Management Plan;

(8) Convene joint meetings of the provincial, city and municipal solid waste management boards at least every quarter for purposes of integrating, synchronizing, monitoring and evaluating the development and implementation of its provincial solid waste management plan;

(9) Represent any of its component city or municipality in coordinating its resource and operational requirements with agencies of the national government;

(10) Oversee the implementation of the Provincial Solid Waste Management Plant;

(11) Review every two (2) years or as the need arises the Provincial Solid Waste Management Plan for purposes of ensuring its sustainability, viability, effectiveness and relevance in relation to local and international development in the field of solid waste management; and

(12) Allow for the clustering of LGUs for the solution of common solid waste management problems.

City and Municipal Solid Waste Management Board - Each city or municipality shall form a City or Municipal Waste Management Board that shall prepare, submit and implement a plan for the safe and sanitary management of solid waste generated in areas under in geographic and political coverage.

The City or Municipal Solid Waste Management Board shall be composed of the city or municipal mayor as head with the following as members:

a) One (1) representative of SangguniangPanlungsod or the Sangguniang Bayan, preferably chairpersons of either the Committees on Environment or Health, who will be designated by the presiding officer;


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b) President of the Association of Barangay Councils in the municipality or city;

c) Chairperson of the SangguniangKabataan Federation;

d) A representative from NGOs whose principal purpose is to promote recycling and the protection of air and water quality;

e) A representative from the recycling industry;

f) A representative from the manufacturing or packaging industry; and

g) A representative of each concerned government agency possessing relevant technical and marketing expertise as may be determined by the Board.

The City or Municipal Solid Waste Management Board may, from time to time, call on any concerned agencies or sectors as it may deem necessary.

Provided, that representatives from NGOs, recycling and manufacturing or packaging industries shall be selected through a process designed by themselves and shall be endorsed by the government agency representatives of the Board.

The City and Municipal Solid Waste Management Boards shall have the following duties and responsibilities:

(1) Develop the City or Municipal Solid Waste Management Plan that shall ensure the long-term management of solid waste, as well as integrate the various solid waste management plans and strategies of the barangays in its area of jurisdiction. In the development of the Solid Waste Management Plan, it shall conduct consultations with the various sectors of the community;

(2) Adopt measures to promote and ensure the viability and effective implementation of solid waste management programs in its component barangays;

(3) Monitor the implementation of the City or Municipal Solid Waste Management Plan through its various political subdivisions and in cooperation with the private sector and the NGOs;


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(4) Adopt specific revenue-generating measures to promote the viability of its Solid Waste Management Plan;

(5) Convene regular meetings for purposes of planning and coordinating the implementation of the solid waste management plans of the respective component barangays;

(6) Oversee the implementation of the City or Municipal Solid Waste Management Plan;

(7) Review every two (2) years or as the need arises the City or Municipal Solid Waste Management Plan for purposes of ensuring its sustainability, viability, effectiveness and relevance in relation to local and international developments in the field of solid waste management;

(8) Develop the specific mechanics and guidelines for the implementation of the City or Municipal Solid Waste Management Plan;

(9) Recommended to appropriate local government authorities’ specific measures or proposals for franchise or build-operate-transfer agreements with duly recognized institutions, pursuant to R.A.6957, to provide either exclusive or non-exclusive authority for the collection, transfer, storage, processing, recycling or disposal of municipal solid waste. The proposals shall take into consideration appropriate government rules and regulations on contracts, franchise and build-operate-transfer agreements;

(10) Provide the necessary logistical and operational support to its component cities and municipalities in consonance with subsection (f) of Sec. 17 of the Local Government Code;

(11) Recommended measures and safeguards against pollution and for the preservation of the natural ecosystem; and

(12) Coordinates the efforts of its components barangays in the implementation of the city or municipal Solid Waste Management Plan.

The Components of the Local Government Solid Waste Management Plan - The solid waste management plan shall include, but not limited to, the following components:


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(a) City or Municipal Profile - The plan shall indicate the following background information on the city or municipality and its component barangays, covering important highlights of the distinct geographic and other conditions:

(1) Estimated population of each barangay within the city or municipality and population project for a 10-year period;

(2) Illustration or map of the city/municipality, indicating locations of residential, commercial, and industrial centers, and agricultural area, as well as dump, landfills and other solid waste facilities. The illustration shall indicate as well, the proposed sites for disposal and other solid waste facilities;

(3) Estimated solid waste generation and projection by source, such as residential, market, commercial, industrial, construction/ demolition, street waste, agricultural, agro-industrial, institutional, other waste; and

(4) Inventory of existing waste disposal and other solid waste facilities and capacities.

(b) Waste characterization - For the initial source reduction and recycling element of a local waste management plan, the LGU waste characterization component shall identify the constituent materials which comprise the solid waste generated within the jurisdiction of the LGU. The information shall be representative of the solid waste generated and disposed of within the area. The constituent materials shall be identified by volume, percentage in weight or its volumetric equivalent, material type, and source of generation which includes residential, commercial, industrial, governmental, or other materials. Future revisions of waste characterization studies shall identify the constituent materials which comprise the solid waste disposed of at permitted disposal facilities.

(c) Collection and Transfer - The plan shall take into account the geographic subdivisions to define the coverage of the solid waste collection area in every barangay. The barangay shall be responsible for ensuring that 100% collection efficiency from residential, commercial, industrial and agricultural sources, where necessary within its area of coverage, is achieved. Toward this end, the plan shall define and identify the specific strategies and


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activities to be undertaken by its component barangays, taking into account the following concerns:

(1) Availability and provision of properly designed containers or receptacles in selected collection points for the temporary storage of solid waste while awaiting collection and transfer to processing sites or to final disposal sites;

(2) Segregation of different types of solid waste for re-use, recycling and composting;

(3) Hauling and transfer of solid waste from source or collection points to processing sites or final disposal sites;

(4) Issuance and enforcement of ordinances to effectively implement a collection system in the barangay; and

(5) Provision of properly trained officers and workers to handle solid waste disposal.

The plan shall define and specify the methods and systems for the transfer of solid waste from specific collection points to solid waste management facilities.

(d) Processing - The Plan shall define the methods and the facilities required to process the solid waste, including the use of intermediate treatment facilities for composting, recycling, conversion and other waste processing systems. Other appropriate waste processing technologies may also be considered provided that such technologies conform to internationally-acceptable and other standards set in other standards set in other laws and regulations.

(e) Source reduction - The source reduction component shall include a program and implementation schedule which shows the methods by which the LGU will, in combination with the recycling and composting components, reduce a sufficient amount of solid waste disposed of in accordance with the diversion requirements of Sec. 20.

The source reduction component shall describe the following:


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(1) strategies in reducing the volume of solid waste generated at source;

(2) measures for implementing such strategies and the resources necessary to carry out such activities;

(3) other appropriate waste reduction technologies that may also be considered, provided that such technologies conform to the standards set pursuant to this Act;

(4) the types of wastes to be reduced pursuant to Sec. 15 of this Act;

(5) the methods that the LGU will use to determine the categories of solid wastes to be diverted from disposal at a disposal facility through re-use, recycling and composting; and

(6) new facilities and expansion of existing facilities which will be needed to implement re-use, recycling and composting.

The LGU source reduction component shall include the evaluation and identification of rate structures and fees for the purpose of reducing the amount of waste generated, an other source reduction strategies, including but not limited to, programs and economic incentives provided under Sec. 46 of this Act to reduce the use of non-recyclable materials, replace disposable materials and products with reusable materials and products, reduce packaging, and increase the efficiency of the use of paper, cardboard, glass, metal, and other materials. The waste reduction activities of the community shall also take into account, among others, local capability, economic viability, technical requirements, and social concerns' disposition of residual waste and environmental impact: Provided, That, projection of future facilities needed and estimated cost shall be incorporated in the plan.

(f) Recycling - The recycling component shall include a program and implementation schedule which shows the methods by which the LGU shall, in combination with source reduction and composting components, reduce a sufficient amount of solid waste disposed of in accordance with the diversion requirements set in Sec .20.

The LGU recycling component shall describe the following:


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(1) The types of materials to be recycled under the programs;

(2) The methods for determining the categories of solid wastes to be diverted from disposal at a disposal facility through recycling; and

(3) New facilities and expansion of existing facilities needed to implement the recycling component.

The LGU recycling component shall described methods for developing the markets for recycled materials, including, but not limited to, an evaluation of the feasibility of procurement preferences for the purchase of recycled products. Each LGU may determine and grant a price preference to encourage the purchase of recycled products.

The five-year strategy for collecting, processing, marketing and selling the designated recyclable materials shall take into account persons engaged in the business of recycling or persons otherwise providing recycling services before the effectivity of this Act. Such strategy may be base upon the results of the waste composition analysis performed pursuant to this Section or information obtained in the course of past collection of solid waste by the local government unit, and may include recommendations with respect to increasing the number of materials designated for recycling pursuant to this Act.

The LGU recycling component shall evaluate industrial, commercial, residential, agricultural, governmental and other curbside, mobile, drop-off and buy-back recycling programs, manual and automated materials recovery facilities, zoning, building code changes and rate structures which encourage recycling of materials. The Solid Waste Management Plan shall indicate the specific measures to be undertaken to meet the waste diversion specified under Sec. 20 of this Act.

Recommended revisions to the building ordinances, requiring newly-constructed buildings and buildings undergoing specified alterations to contain storage space, devices or mechanisms that facilitate source separation and storage of designated recyclable materials to enable the local government unit to efficiently collect, process, market and sell the designated materials. Such recommendations shall include, but shall not be


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limited to separate chutes to facilitate source separation in multi-family dwellings, storage areas that conform to fire and safety code regulations, and specialized storage containers.

The Solid Waste Management Plan shall indicate the specific measures to be undertaken to meet the recycling goals pursuant to the objectives of this Act.

(g) Composting - The composting component shall include a program and implementation schedule which shows the methods by which the LGU shall, in combination with the source reduction and recycling components, reduce a sufficient amount of solid waste disposed of within its jurisdiction to comply with the diversion requirements of Sec. 20 hereof.

The LGU composting component shall describe the following:

(1) The types of materials which will be composted under the programs;

(2) The methods for determining the categories of solid wastes to be diverted from disposal at a disposal facility through composting; and

(3) New facilities, and expansion of existing facilities needed to implement the composting component.

The LGU composting component shall describe methods for developing the markets for composted materials, including, but not limited to, an evaluation of the feasibility of procurement preferences for the purchase of composted products. Each LGU may determine and grant a price preference to encourage the purchase of composted products.

(h) Solid waste facility capacity and final disposal - The solid waste facility component shall include, but shall not be limited to, a projection of the amount of disposal capacity needed to accommodate the solid waste generated, reduced by the following:

(1) Implementation of source reduction, recycling and composting programs required in this Section or through implementation of other waste diversion activities pursuant to Sec. 20 of this Act;


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(2) Any permitted disposal facility which will be available during the 10-year planning period; and

(3) All disposal capacity which has been secured through an agreement with another LGU, or through an agreement with a solid waste enterprise.

The plan shall identify existing and proposed disposal sites and waste management facilities in the city or municipality or in other areas. The plan shall specify the strategies for the efficient disposal of waste through existing disposal facilities and the identification of prospective sites for future use. The selection and development of disposal sites shall be made on the basis of internationally accepted standards and on the guidelines set in Sec. 41 and 42 of this Act.

Strategies shall be included to improve said existing sites to reduce adverse impact on health and the environment, and to extent life span and capacity. The plan shall clearly define projections for future disposal site requirements and the estimated cost for these efforts.

Open dump sites shall not be allowed as final disposal sites. If an open dump site is existing within the city or municipality, the plan shall make provisions for its closure or eventual phase out within the period specified under the framework and pursuant to the provisions under Sec. 37 of this Act. As an alternative, sanitary landfill sites shall be developed and operated as a final disposal site for solid and, eventually, residual wastes of a municipality or city or a cluster of municipality and/or cities. Sanitary landfills shall be designed and operated in accordance with the guidelines set under Secs. 40 and 41 of this Act.

(i) Education and public information - The education and public information component shall describe how the LGU will educate and inform its citizens about the source reduction, recycling and composting programs.

The plan shall make provisions to ensure that information on waste collection services, solid waste management and related health and environmental concerns are widely disseminated among the public. This shall be undertaken through the print and broadcast media and other government agencies in the municipality. The DECS and the Commission on Higher


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Education shall ensure that waste management shall be incorporated in the curriculum of primary, secondary and college students.

(j) Special Waste - The special waste component shall include existing waste handling and disposal practices for special wastes or household hazardous wastes, and the identification of current and proposed programs to ensure the proper handling, re-use, and long-term disposal of special wastes;

(k) Resource requirement and funding - The funding component includes identification and description of project costs, revenues, and revenue sources the LGU will use to implement all components of the LGU solid waste management plan;

The plan shall likewise indicate specific projects, activities, equipment and technological requirements for which outside sourcing of funds or materials may be necessary to carry out the specific components of the plan. It shall define the specific uses for its resource requirement s and indicate its costs. The plan shall likewise indicate how the province, city or municipality intends to generate the funds for the acquisition of its resource requirements. It shall also indicate if certain resource requirements are being or will be sourced from fees, grants, donations, local funding and other means. This will serve as basis for the determination and assessment of incentives which may be extended to the province, city or municipality as provided for in Sec. 45 of this Act.

(l) Privatization of solid waste management projects - The plan shall likewise indicate specific measures to promote the participation of the private sector in the management of solid wastes, particularly in the generation and development of the essential technologies for solid waste management. Specific projects or component activities of the plan which may be offered as private sector investment activity shall be identified and promoted as such. Appropriate incentives for private sector involvement in solid waste management shall likewise be established and provided for in the plan, in consonance with Sec. 45 hereof and other existing laws, policies and regulations; and


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(m) Incentive programs - A program providing for incentives, cash or otherwise, which shall encourage the participation of concerned sectors shall likewise be included in the plan.

D. KINDS OF WASTES

To understand the essence of this system, it would be necessary to identify:

1) solid wastes and how the law classifies these, and

2) The limitations of the law. The following are the types of wastes identified by RA 9003:

1. Solid Wastes – all discarded household, commercial wastes, non- hazardous institutional and industrial wastes, street sweepings, construction debris, agricultural wastes, and other non-hazardous/non- toxic solid wastes.

2. Special Wastes – these are household hazardous wastes such as thinners, household batteries, lead-acid batteries, spray canisters, and the like. These include wastes from residential and commercial sources that comprise of bulky wastes, consumer electronics, white goods, yard wastes that are collected separately, oil, and tires. These wastes are usually handled separately from other residential and commercial wastes.

3. Hazardous Wastes – these are solid, liquid, contained gaseous or semisolid wastes which may cause or contribute to the increase in mortality, or in serious or incapacitating reversible illness, or acute/chronic effect on the health of people and other organisms.

4. Infectious Wastes – mostly generated by hospitals.


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5. Wastes resulting from mining activities including contaminated soil and debris.

E. SYSTEM OF RA 9003

The paradigm of RA 9003 is “waste is resource that can be recovered”, emphasizing recycling, re-use and composting as methods to minimize and eventually manage the waste problem.

Awareness on how to conserve resources, as first step, is expected to reduce the volume of waste generated whether at the industrial level or household and commercial levels. This first step will require extensive education to change the values of the people.

In another study by Norcunsult in 1982 showed that half of the total solid wastes generated come from households. Upon segregation, wastes are supposed to be collected by LGUs, which are expected to implement 100% collection efficiency. Recyclable wastes are to be hauled and moved to stations where they shall be temporarily stored, separated, converted, or simply transferred to larger vehicles for transport.

RA 9003 identifies the following as transfer stations: buy-back centres, the materials recovery facilities, and other waste management facilities that may be developed in the future. Food, yard, and agricultural wastes shall be processed through composting and eventually distributed or used as organic fertilizers. Non-recyclable wastes shall be disposed of in sanitary landfills, controlled dumps or other waste management facilities.


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Throughout this system, the use of new and appropriate technology will be significant. This responsibility is vested upon the National Ecology Center. For one, the technology for recycling should not incur more costs than benefits in terms of income or usefulness of the recycled product, and must be of comparable quality to existing products. Another would be the shift from the use of inorganic to organic fertilizers. However, this usually affects crop yield negatively, thus it is often unacceptable to poor and marginalized farmers who comprise a large majority of the population.

Toxic Wastes, Hazardous Wastes, Infectious Wastes and other Wastes

(THWs) are recognized by the Act in subsection (j) of Sec. 17 (The components of the Local Government Solid Waste Management Plan), Sec. 19 (Waste Characterization), and Sec. 28 (Reclamation Programs and Buy-back Centers for Recyclables and Toxics).

But after determining the wastes’ recyclability or non-recyclability, hazards and toxicity, the Act relegates the rest of the concern to the provisions of RA 6969. On the other hand, RA 6969 speaks of 1) regulating, restricting or prohibiting the importation, manufacture, processing, sale, distribution, use and disposal of chemical substances and mixtures that pose unreasonable risk and/or injury to health or the environment; and 2) prohibiting the entry or even transit of hazardous and nuclear wastes, including their disposal within Philippine territorial limits.

The measure does not clearly provide the specifics on how and where to dispose wastes being generated domestically by the local industry and hospitals. Apart from 177 hospitals and industries using incinerators that are now banned in compliance with the Clean Air Act, what do we do with the wastes generated by clinics, medical facilities, manufacturing industries, and even special wastes generated by households, which comprise 1-2% of the wastes?


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Management of toxic, hazardous and infectious wastes is a crucial step in preventing the potent dangers these wastes may inflict on human life. Clearlya policy for its implementation must be enacted. Appropriate technology distinct from ordinary solid waste management is necessary and should be established as a solution. As a concrete suggestion, substances or raw materials used in manufacturing that result to these wastes must be banned

F. DECLARATION OF POLICIES

It is hereby declared the policy of the State to adopt a systematic, comprehensive and ecological solid waste management program which shall:

(a) Ensure the protection of the public health and environment;

(b) Utilize environmentally-sound methods that maximize the utilization of valuable resources and encourage resource conservation and recovery;

(c) Set guidelines and targets for solid waste avoidance and volume reduction through source reduction and waste minimization measures, including composting, recycling, re-use, recovery, green charcoal process, and others, before collection, treatment and disposal in appropriate and environmentally sound solid waste management facilities in accordance with ecologically sustainable development principles;

(d) Ensure the proper segregation, collection, transport, storage, treatment and disposal of solid waste through the formulation and adoption of the best environmental practice in ecological waste management excluding incineration;

(e) Promote national research and development programs for improved solid waste management and resource conservation techniques, more effective institutional arrangement and indigenous and improved methods of waste reduction, collection, separation and recovery;

(f) Encourage greater private sector participation in solid waste management;


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(g) Retain primary enforcement and responsibility of solid waste management with local government units while establishing a cooperative effort among the national government, other local government units, non- government organizations, and the private sector;

(h) Encourage cooperation and self-regulation among waste generators through the application of market-based instruments;

(i) Institutionalize public participation in the development and implementation of national and local integrated, comprehensive, and ecological waste management programs; and

(j) Strength the integration of ecological solid waste management and resource conservation and recovery topics into the academic curricula of formal and non-formal education in order to promote environmental awareness and action among the citizenry.

G. POLICIES

• Ensure the protection of the public health and environment.

• Utilize environmentally-sound methods that maximize the utilization of valuable resources and encourage resource conservation and

• Set guidelines and targets for solid waste avoidance and volume reduction through source reduction and waste minimization measures, including composting, recycling, re-use, recovery, green charcoal process, and others, before collection, treatment and disposal in appropriate and environmentally sound solid waste management facilities in accordance with ecologically sustainable development principles

• Ensure the proper segregation, collection, transport, storage, treatment and disposal of solid waste through the formulation and adoption of the best environmental practice in ecological waste management excluding incineration


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• Promote national research and development programs for improved solid waste management and resource conservation techniques, more effective institutional arrangement and indigenous and improved methods of waste reduction, collection, separation and recovery.

• Encourage greater private sector participation in solid waste management

• Retain primary enforcement and responsibility of solid waste management with local government units while establishing a cooperative effort among the national government, other local government units, non- government organizations, and the private sector

• Institutionalize public participation in the development and implementation of national and local integrated, comprehensive, and ecological waste management programs

• Encourage cooperation and self-regulation among waste generators through the application of market-based instruments

• Strength the integration of ecological solid waste management and resource conservation and recovery topics into the academic curricula of formal and non-formal education in order to promote environmental awareness and action among the citizenry.

H. INCENTIVES

Incentives. -

(a) Rewards, monetary or otherwise, shall be provided to individuals, private organizations and entitles, including non-government organizations that have undertaken outstanding and innovative projects, technologies, processes and techniques or activities in re-use, recycling and reduction. Said rewards shall be sourced from the Fund herein created.

(b) An incentive scheme is hereby provided for the purpose of encouraging LGUs, enterprises, or private entities, including NGOs, to develop or


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undertake an effective solid waste management, or actively participate in any program geared towards the promotion thereof as provided for in this Act.

(1) Fiscal Incentives. - Consistent with the provisions of E.O. 226, otherwise known as the Omnibus Investments Code, the following tax incentives shall be granted:

(a) Tax and Duty Exemption on Imported Capital Equipment and Vehicles - Within ten (10) years upon effectively of this Act, LGUs, enterprises or private entities shall enjoy tax and duty free importation of machinery, equipment, vehicles and spare parts used for collection, transportation, segregation, recycling, re-use and composing of solid wastes: Provided, That the importation of such machinery, equipment, vehicle and spare parts shall comply with the following conditions:

(i) They are not manufactured domestically in sufficient quantity, of comparable quality and at reasonable prices;

(ii) They are reasonably needed and will be used actually, directly and exclusively for the above mentioned activities;

(iii) The approval of the Board of Investment (BOI) of the DTI for the importation of such machinery, equipment, vehicle and spare parts.

Provided, further, That the sale, transfer or disposition of such machinery, equipment, vehicle and spare parts, without prior approval of the (BOI), within five (5) years from the date of acquisition shall be prohibited, otherwise, the LGU concerned, enterprise or private entities and the vendee, transferee, or assignee shall be solidarity liable to pay twice the amount of tax and duty exemption given it.

(b) Tax Credit on Domestic Equipment - Within ten (10) years from the effectivity of this Act, a tax credit equivalent to 50% of the value of the national internal revenue taxes and customs duties that would have been waived on the machinery, equipment, vehicle and spare parts, had these items been imported shall be given to enterprises, private entities, including


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NGOs, subject to the same conditions and prohibition cited in the preceding paragraph.

(c) Tax and Duty Exemption of Donations, Legacies and Gift - All legacies, gifts and donations to LGUs, enterprises or private entities, including NGOs, for the support and maintenance of the program for effective solid waste management shall be exempt from all internal revenue taxes and customs duties, and shall be deductible in full from the gross income of the donor for income tax purposes.

(2) Non-Fiscal Incentives. - LGUs, enterprises or private entities availing of tax incentives under this Act shall also be entitled to applicable non-fiscal incentives provided for under E.O. 226, otherwise known as the Omnibus Investments Code.

The Commission shall provide incentives to businesses and industries that are engaged in the recycling of wastes and which are registered with the Commission and have been issued ECCs in accordance with the guidelines established by the Commission. Such incentives shall include simplified procedures for the importation of equipment, spare parts, new materials, and supplies, and for the export of processed products.

(3) Financial Assistance Program. - Government financial institutions such as the Development Bank of the Philippines (DBP), Landbank of the Philippines (LBP), Government Service Insurance System (GSIS), and such other government institutions providing financial services shall, in accordance with and to the extent allowed by the enabling provisions of their respective charters or applicable laws, accord high priority to extend financial services to individuals, enterprises, or private entities engaged in solid waste management.

(4) Extension of Grants to LGUs. - Provinces, cities and municipalities whose solid waste management plans have been duly approved by the Commission or who have been commended by the Commission for adopting innovative solid waste management programs may be entitled to receive grants for the purpose of developing their technical capacities toward actively participating in the program for effectively and sustainable solid waste management.


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(5) Incentives to Host LGUs. - Local government units who host common waste management facilities shall be entitled to incentives.

J. WASTE MANAGEMENT FACILITIES

• Controlled Dump

A disposal site at which solid waste is deposited in accordance with the minimum prescribed standards of site operation

• Leachate

Liquid produced when waste undergoes decomposition, and when water percolates through solid waste undergoing decomposition. It is contaminated liquid that contains dissolved and suspended materials

• Open Dump

Disposal area wherein the solid wastes are indiscriminately thrown or disposed of without due planning and consideration for environmental and Health standards

• Waste disposal site designed, constructed Sanitary Landfill operated and maintained in a manner that exerts engineering control over significant potential environment impacts arising from the development and operation of the facility

Prohibition Against The Use of Open Dumps for Waste Disposal

• No open dumps shall be established and operated, nor any practice or disposal of solid waste by any person.

• LGU’s, which constitutes the use of open dumps for solid wastes, be allowed after the effectivity of this Acts: Provided, That within three years after the effectivity of this Act, every LGU shall convert its open dumps into


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controlled dumps, in accordance with the guidelines set in Sec. 41 of this Act: Provided, further, That no controlled dumps shall be allowed five years following the effectivity of this Act.

Guidelines for Controlled Dumps

• Surface water and peripheral site drainage control

• Provision for aerobic and anaerobic decomposition

• Regular inert cover

• Restriction of waste deposition to small working areas

• Fence, including provisions for litter control

• Basic record-keeping

• Provision of maintained access road

• Controlled waste picking and trading

• Post-closure site cover and vegetation

• Hydro geological siting

Criteria for Siting a Sanitary Landfill

• The site must be accessible from major roadways or thoroughfares

• The site should have an adequate quantity of earth cover material that is easily handled and compacted


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• The site must be chosen with regard for the sensitivities of the community’s residents

• The site must be located in an area where the landfill’s operation will not detrimentally affect environmentally sensitive resources such as aquifer, groundwater reservoir or watershed area

• The site should be large enough to accommodate the community’s wastes for a period of five years during which people must internalize the value of environmentally sound and sustainable solid waste disposal

• The site chosen should facilitate developing a landfill that will satisfy budgetary constraints, including site development, operation for many years, closure, post-closure care and possible remediation costs

• Operating plans must include provisions for coordinating with recycling and resource recovery projects

• Designation of a separate containment area for household hazardous wastes

Criteria for Establishment of Sanitary Landfill

Liners - a system of clay layers or geosynthethic membranes used to contain leachate and reduce or prevent contaminant flow to groundwater

Leachate collection and treatment system - installation of pipes at the low areas of the liner to collect leachate for storage and eventual treatment and discharge


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Groundwater monitoring well system - wells placed at an appropriate location and depth for taking water that are representative of ground water quality

• Gas control and recovery system - a series of vertical wells or horizontal trenches containing permeable materials and perforated piping placed in the landfill to collect gas for treatment or productive use as an energy source

• Cover - two forms of cover consisting of soil and geosynthetic materials to protect the waste from long-term contact with the environment

a. a daily cover placed over the waste at the close of each day’s operations

b. a final cover, or cap, which is the material placed over the completed landfill to control infiltration of water, gas emission to the atmosphere, and erosion

Post-closure care procedure - During this period, the landfill owner shall be responsible for providing for the general upkeep of the landfill, maintaining all of the landfill’s environmental protection features, operating monitoring equipment, remediating groundwater should it become contaminated and controlling landfill gas migration or emission.

Closure procedure with the objectives of establishing low maintenance cover systems and final cover that minimizes the infiltration of precipitation into the waste. Installation of the final cover must be completed within six (6) months of the last receipt of waste.

Operating Criteria for Sanitary Landfills

In the operation of a sanitary land fill, each site operator shall maintain the following minimum operating equipments:


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(a) Disposal site records of, but not limited to:

(1) Records of weights or volumes accepted in a form and manner approved by the Department. Such records shall be submitted to the Department upon request, accurate to within ten percent (10%) and adequate for overall planning purposes and forecasting the rate of site filling;

(2) Records of excavations which may affect the safe and proper operation of the site or cause damage to adjoining properties;

(3) Daily log book or file of the following information: fires, landslides, earthquake damage, unusual and sudden settlement, injury and property damage, accidents, explosions, receipts or rejection of unpermitted wastes, flooding and other unusual occurrences;

(4) Record of personnel training; and

(5) Copy of written notification to the Department, local health agency, and fire authority of names, addresses and telephone numbers of the operator or responsible party of the site;

(b) Water quality monitoring of surface and ground waters and effluent, and gas emissions;

(c) Documentation of approvals, determinations and other requirements by the Department;

(d) Signs:

(1) Each point of access from a public road shall be posted with an easily visible sigh indicating the facility name and other pertinent information as required by the Department;

(2) If the site is open to the public, there shall be an easily visible sign at the primary entrance of the site indicating the name of the site operator, the operator's telephone number, and hours of operation; an easily visible sign at an appropriate point shall indicate the schedule of changes and the general types of materials which will either be accepted or not;


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(3) If the site is open to the public, there shall be an easily visible road sign and/or traffic control measures which direct traffic to the active face and other areas where wastes or recyclable materials will be deposited; and

(4) Additional signs and/or measures may be required at a disposal site by the Department to protect personnel and public health and safety;

(e) Monitoring of quality of surface, ground and effluent waters, and gas emissions;

(f) The site shall be designed to discourage unauthorized access by persons and vehicles by using a perimeter barrier or topographic constraints. Areas within the site where open storage, or pounding of hazardous materials occurs shall be separately fenced or otherwise secured as determined by the Department. The Department may also require that other areas of the site be fenced to create an appropriate level of security;

(g) Roads within the permitted facility boundary shall be designed to minimize the generation of dust and the tracking of material onto adjacent public roads. Such roads shall be kept in safe condition and maintained such that vehicle access and unloading can be conducted during inclement weather;

(h) Sanitary facilities consisting of adequate number of toilets and hand washing facilities shall be available to personnel at or in the immediate vicinity of the site;

(i) Safe and adequate drinking water supply for the site personnel shall be available;

(j) The site shall have communication facilities available to site personnel to allow quick response to emergencies;

(k) Where operations are conducted during hours of darkness, the site and/or equipment shall be equipped with adequate lighting as approved by the Department to ensure safety and to monitor the effectiveness of operations;

(l) Operating and maintenance personnel shall wear and use appropriate safety equipment as required by the Department;


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(m) Personnel assigned to operate the site shall be adequately trained in subject pertinent to the site operation and maintenance, hazardous materials recognition and screening, and heavy equipment operations, with emphasis on safety, health, environmental controls and emergency procedures. A record of such training shall be placed in the operating record;

(n) The site operator shall provide adequate supervision of a sufficient number of qualified personnel to ensure proper operation of the site in compliance with all applicable laws, regulations, permit conditions and other requirements. The operator shall notify the Department and local health agency in writing of the names, addresses, and telephone number of the operator or responsible party. A copy of the written notification shall be placed in the operation record;

(o) Any disposal site open to the public shall have an attendant present during public operating hours or the site shall be inspected by the operator on a regularly scheduled basis, as determined by the Department;

(p) Unloading of solid wastes shall be confined to a small area as possible to accommodate the number of vehicles using the area without resulting in traffic, personnel, or public safety hazards. Waste materials shall normally be deposited at the toe of the fill, or as otherwise approved by the Department;

(q) Solid waste shall be spread and compacted in layers with repeated passages of the landfill equipment to minimize voids within the cell and maximize compaction. The loose layer shall not exceed a depth approximately two feet before compaction. Spreading and compacting shall be accomplished as rapidly as practicable, unless otherwise approved by the Department;

(r) Covered surfaces of the disposal area shall be graded to promote lateral runoff of precipitation and to prevent pounding. Grades shall be established of sufficient slopes to account for future settlement of the fill surface. Other effective maintenance methods may be allowed by the Department; and

(s) Cover material or native material unsuitable for cover, stockpiled on the site for use or removal, shall be placed so as not to cause problems or


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interfere with unloading, spreading, compacting, access, safety drainage, or other operations.

K. SEGREGATION OF WASTE

Mandatory Segregation of Solid Wastes - The LGUs shall evaluate alternative roles for the public and private sectors in providing collection services, type of collection system, or combination of systems, that best meet their needs: Provided, That segregation of wastes shall primarily be conducted at the source, to include household, institutional, industrial, commercial and agricultural sources: Provided, further; That wastes shall be segregated into the categories provided in Sec. 22 of this Act.

For premises containing six (6) or more residential units, the local government unit shall promulgate regulations requiring the owner or person in charge of such premises to:

(a) provide for the residents a designated area and containers in which to accumulate source separated recyclable materials to be collected by the municipality or private center; and

(b) notify the occupants of each building of the requirements of this Act and the regulations promulgated pursuant thereto.

Requirements for the Segregation and Storage of Solid Waste - The following shall be the minimum standards and requirements for segregation and storage of solid waste pending collection:

(a) There shall be a separate container for each type of waste from all sources: Provided, that in the case of bulky waste, it will suffice that the same be collected and placed in a separate designated area; and

(b) The solid waste container depending on its use shall be properly marked or identified for on-site collection as "compostable", "non-recyclable", "recyclable" or "special waste” or any other classification as may be determined by the Commission.


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Requirements for Collection of Solid Wastes - The following shall be the minimum standards and requirements for the collection of solid waste:

(a) All collectors and other personnel directly dealing with collection of solid waste shall be equipped with personal protective equipment to protect them from the hazards of handling wastes;

(b) Necessary training shall be given to the collectors and personnel to ensure that the solid wastes are handled properly and in accordance with the guidelines pursuant to this Act; and

(c) Collection of solid waste shall be done in a manner which prevents damage to the container and spillage or scattering of solid waste within the collection vicinity.

Requirements for the Transport of Solid Waste - The use of separate collection schedules and/or separate trucks or haulers shall be required for specific types of wastes. Otherwise, vehicles used for the collection and transport of solid wastes shall have the appropriate compartments to facilitate efficient storing of sorted wastes while in transit.

Vehicles shall be designed to consider road size, condition and capacity to ensure the sage and efficient collection and transport of solid wastes.

The waste compartment shall have a cover to ensure the containment of solid wastes while in transit.

For the purpose of identification, vehicles shall bear the body number, the name, and the telephone number of the contractor/agency collecting solid waste.

Guidelines for Transfer Stations - Transfer stations shall be designed and operated for efficient waste handling capacity and in compliance with environmental standards and guidelines set pursuant to this Act and other regulations: Provided, that no waste shall be stored in such station beyond twenty-four (24) hours.

The siting of the transfer station shall consider the land use plan, proximity to collection area, and accessibility of haul routes to disposal facility. The


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design shall give primary consideration to size and space sufficiency in order to accommodate the waste for storage and vehicles for loading and unloading of wastes.

Inventory of Existing Markets for Recyclable Materials - The DTI shall within six (6) months from the effectivity of this Act and in cooperation with the Department, the DILG and other concerned agencies and sectors, publish a study of existing markets for processing and purchasing recyclable materials and the potential steps necessary to expand these markets. Such study shall include, but not be limited to, an inventory of existing markets for recyclable materials, product standards for recyclable and recycled materials, and a proposal, developed in conjunction with the appropriate agencies, to stimulate the demand for the production of products containing post-consumer and recovered materials.

Requirement for Eco-Labeling - The DTI shall formulate and implement a coding system for packaging materials and products to facilitate waste and recycling and re-use.

Reclamation Programs and Buy-back Centers for Recyclables and Toxics - The National Ecology Center shall assist LGUs in establishing and implementing deposit or reclamation programs in coordination with manufacturers, recyclers and generators to provide separate collection systems or convenient drop-off locations for recyclable materials and particularly for separated toxic components of the waste stream like dry cell batteries and tires to ensure that they are not incinerated or disposed of in a landfill. Upon effectivity of this Act, toxic materials present in the waste stream should be separated at source, collected separately and further screened and sent to appropriate hazardous waste treatment and disposal plants, consistent with the provisions of R.A. No. 6969.

Non-Environmentally Acceptable Products - Within one (1) year from the effectivity of this Act, the Commission shall, after public notice and hearing, prepare a list of no environmentally acceptable products as defined in this Act that shall be prohibited according to a schedule that shall be prepared by the Commission: Provided, however, That non-environmentally acceptable products shall not be prohibited unless the Commission first finds that there


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are alternatives available which are available to consumers at no more than ten percent (10%) greater cost than the disposable product.

Notwithstanding any other provisions to the contrary, this section shall not apply to:

(a) Packaging used at hospitals, nursing homes or other medical facilities; and

(b) Any packaging which is not environmentally acceptable, but for which there is no commercially available alternatives as determined by the Commission.

The Commission shall annually review and update the list of prohibited non-environmentally acceptable products.

Prohibition on the Use of Non-Environmentally Acceptable Packaging - No person owning, operating or conducting a commercial establishment in the country shall sell or convey at retail or possess with the intent to sell or convey at retail any products that are placed, wrapped or packaged in or on packaging which is not environmentally acceptable packaging: Provided, That the Commission shall determine a phase-out period after proper consultation and hearing with the stakeholders or with the sectors concerned. The presence in the commercial establishment of non-environmentally acceptable packaging shall constitute a rebuttable presumption of intent to sell or convey the same at retail to customers.

Any person who is a manufacturer, broker or warehouse operator engaging in the distribution or transportation of commercial products within the country shall file a report with the concerned local government within one (1) year from the effectivity of this Act, and annually thereafter, a listing of any products in packaging which is not environmentally acceptable. The Commission shall prescribe the form of such report in its regulations.


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A violation of this Section shall be sufficient grounds for the revocation, suspension, denial or non-renewal of any license for the establishment in which the violation occurs.

Recycling Market Development - The Commission together with the National Ecology Center, the DTI and the Department of Finance shall establish procedures, standards and strategies to market recyclable materials and develop the local market for recycle goods, including but not limited to:

(a) measures providing economic incentives and assistance including loans and grants for the establishment of privately-owned facilities to manufacture finished products from post-consumer materials;

(b) guarantees by the national and local governments to purchase a percentage of the output of the facility; and

(c) maintaining a list of prospective buyers, establishing contact with prospective buyers and reviewing and making any necessary changes in collecting or processing the materials to improve their marketability.

In order to encourage establishments of new facilities to produce goods from post-consumer and recovered materials generated within local government units, and to conserve energy by reducing materials transportation, whenever appropriate, each local government unit may arranged for long-term contracts to purchase a substantial share of the product output of a proposed facility which will be based in the jurisdiction of the local government unit if such facility will manufacture such finished products form post-consumer and recovered materials.

Establishment of LGU Materials Recovery Facility. - There shall be established a Materials Recovery Facility (MRF) in every barangay or cluster of barangays. The facility shall be established in a barangay-owned or -leased land or any suitable open space to be determined by the barangay through its Sanggunian. For this purpose, the barangay or cluster of barangays shall allocate a certain parcel of land for the MRF. The MRF shall receive mixed waste for final sorting, segregation, composting, and recycling. The resulting residual wastes shall be transferred to a long term storage or disposal facility or sanitary landfill.


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L. PROHIBITIONS & PENALTIES

Prohibited Acts - The following acts are prohibited:

(1) Littering, throwing, dumping of waste matters in public places, such as roads, sidewalks, canals, esteros or parks, and establishment, or causing or permitting the same;

(2) Undertaking activities or operating, collecting or transporting equipment in violation of sanitation operation and other requirements or permits set forth in established pursuant;

(3) The open burning of solid waste;

(4) Causing or permitting the collection of non-segregated or unsorted wastes;

(5) Squatting in open dumps and landfills;

(6) Open dumping, burying of biodegradable or non-biodegradable materials in flood prone areas;

(7) Unauthorized removal of recyclable material intended for collection by authorized persons;

(8) The mixing of source-separated recyclable material with other solid waste in any vehicle, box, container or receptacle used in solid waste collection or disposal;

(9) Establishment or operation of open dumps as enjoined in this Act, or closure of said dumps in violation of Sec. 37;

(10) The manufacture, distribution or use of non-environmentally acceptable packaging materials;

(11) Importation of consumer products packaged in non-environmentally acceptable materials;


181



(12) Importation of toxic wastes misrepresented as "recyclable" or "with recyclable content";

(13) Transport and dump log in bulk of collected domestic, industrial, commercial, and institutional wastes in areas other than centers or facilities prescribe under this Act;

(14) Site preparation, construction, expansion or operation of waste management facilities without an Environmental Compliance Certificate required pursuant to Presidential Decree No. 1586 and this Act and not conforming to the land use plan of the LGU;

(15) The construction of any establishment within two hundred (200) meters from open dumps or controlled dumps, or sanitary landfill; and

(16) The construction or operation of landfills or any waste disposal facility on any aquifer, groundwater reservoir, or watershed area and or any portions thereof.

Fines and Penalties -

(a) Any person who violates Sec. 48 paragraph (1) shall, upon conviction, be punished with a fine of not less than Three hundred pesos (P300.00) but not more than One thousand pesos (P1, 000.00) or render community service for not less than one (1) day to not more than fifteen (15) days to an LGU where such prohibited acts are committed, or both;

(b) Any person who violates Sec. 48, pars. (2) and (3), shall, upon conviction be punished with a fine of not less than Three hundred pesos (P300.00) but not more than One thousand pesos (P1,000.00) or imprisonment of not less than one (1) day but to not more than fifteen (15) days, or both;

(c) Any person who violates Sec. 48, pars. (4), (5), (6) and (7) shall, upon conviction, be punished with a fine of not less than One thousand pesos (P1,000.00) but not more than Three thousand pesos (P3,000.00) or


182



imprisonment of not less than fifteen (15) day but to not more than six (6) months, or both;

(d) Any person who violates Sec. 48, pars (8), (9), (10) and (11) for the first time shall, upon conviction, pay a fine of Five hundred thousand pesos (P500,000.00) plus and amount not less than five percent (5%) but not more than ten percent (10%) of his net annual income during the previous year.

The additional penalty of imprisonment of a minimum period of one (1) year but not to exceed three (3) years at the discretion of the court shall be imposed for second or subsequent violations of Sec. 48, pars. (9) and (10).

(e) Any person who violates Sec. 48, pars. (12) and (13) shall, upon conviction, be punished with a fine not less than Ten thousand pesos (P10,000.00) but not more than Two hundred thousand pesos (P200,000.00) or imprisonment of not less than thirty (30) days but not more than three (3) years, or both;

(f) Any person who violates Sec. 48, pars. (14), (15) and (16) shall, upon conviction, be punished with a fine not less than One hundred thousand pesos (P100,000.00) but not more than One million pesos (P1,000,000.00), or imprisonment not less than one (1) year but not more than six (6) years, or both.

If the offense is committed by a corporation, partnership, or other juridical identity duly recognized in accordance with the law, the chief executive officer, president, general manager, managing partner or such other officer-in-charge shall be liable for the commission of the offense penalized under this Act.

If the offender is an alien, he shall, after service of the sentence prescribed above, be deported without further administrative proceedings.

The fines herein prescribed shall be increased by at lest ten (10%) percent every three (3) years to compensate for inflation and to maintain the deterrent functions of such fines.

Administrative Sanctions - Local government officials and officials of government agencies concerned who fail to comply with and enforce rules


183



and regulations promulgated relative to this Act shall be charged administratively in accordance with R.A. 7160 and other existing laws, rules and regulations

✗ ACT

Littering, throwing, dumping of waste matters in public places

PENALTY

Fine -P300-P1, 000, or Community service - 1-15 days in LGU where violation was made, or both.

✗ ACT

Undertaking activities or operating, collecting or transporting equipment in violation of sanitation operation and other requirements or permits set forth in or establish pursuant to RA 9003

PENALTY

Fine - P300-P1000, or imprisonment - 1-15 days, or both

✗ ACT

Open burning of SW

PENALTY

Fine-P300-P1 000, or Imprisonment - 1-15 days, or both

✗ ACT

Causing or permitting collection of non- segregated or unsorted SW

PENALTY

Fine -P1, 000-P3 000, or Imprisonment - 1-15 days, or both

✗ ACT


184



Mixing of source-separated recyclable material with other solid waste in any vehicle, box, container or receptacle used in SW collection or disposal

PENALTY

First Offense – Fine -P5,000 + 5-10% of net income during the previous year

✗ ACT

Importation of consumer products packaged in non-environmentally acceptable materials

PENALTY

First Offense – Fine -P500,000 + 5-10% of net income during previous

year

✗ ACT

Importation of toxic wastes misrepresented as “recyclable” or “with recyclable content”

PENALTY

Fine -P10,000-P200,000, or Imprisonment - 30 days -3 years, or both

✗ ACT

Transport and dumping in bulk of collected domestic, industrial, commercial and institutional wastes in areas other than center or facilities prescribed under RA 9003

PENALTY

Fine -P10,000-P200,000, or Imprisonment - 30 days -3years, or both.

✗ ACT


185



Site preparation, construction, expansion or operation of waste management facilities w/o ECC and not conforming with the land use plan of LGU

PENALTY

Fine -P100,000-P1M, or Imprisonment - 1-6 years, or both

✗ ACT

Construction of establishmentw/in 200 m from open dumps orsanitary landfills

PENALTY

Fine -P100,000-P1M, or Imprisonment - 1-6 years, or both.

✗ ACT

Construction and operation of landfills or any waste disposal facility on any aquifer, groundwater reservoir or watershed area and/or any portions thereof

PENALTY

Fine -P100,000-P1M, or Imprisonment - 1-6 years, or both

I. RECYCLING VS RE-USE

• Recycling

Treating of used or waste materials through a process of making them suitable for beneficial use and for other purposes, and includes any process by which solid waste materials are transformed into new products in such a manner that the original product may lose their identity, and which may be used as raw materials for the production of other goods or services: Provided, That the collection, segregation and re-use of previously used packaging material shall be deemed recycling under this Act `

• Re-Use


186



Process of recovering materials intended for the same or different purpose without the alteration of physical and chemical characteristics

• Reclamation Programs and Buy-back Centers for Recyclables and Toxics

The National Ecology Center shall assist LGUs in establishing and implementing deposit or reclamation programs in coordination with manufacturers, recyclers and generators to provide separate collection systems or convenient drop-off locations for recyclable materials and particularly for separated toxic components of the waste stream like dry cell batteries and tires to ensure that they are not incinerated or disposed of in a landfill. Upon effectivity of this Act, toxic materials present in the waste stream should be separated at source, collected separately and further

screened and sent to appropriate hazardous waste treatment and disposal plants, consistent with the provisions of R. A. No. 6969.

• Eco-labeling

The DTI shall formulate and implement a coding system for packaging materials and products to facilitate waste and recycling and re-use


187


RA 9275: Philippine Clean Air Water Act of 2004


Philippine Clean Water Act of 2004 (Republic Act No. 9275)

What you should know about the Clean Water Act


188



Why the need for the Clean Water Act?

As early as 1996, monitoring of the country’s rivers showed that only 51% of the classified rivers still met the standards for their most beneficial use. The rest were already polluted from domestic, industrial and agricultural sources.

Most studies point to the fact that domestic wastewater is the principal cause of organic pollution (at 48%) of our water bodies. Yet, only 3% of investments in water supply and sanitation were going to sanitation and sewage treatment.

A recent World Bank report pointed out that Metro Manila was second to the lowest in sewer connections among major cities in Asia and less than 7% compared to 20% for Katmandu, Nepal and 30% for Dhaka, Bangladesh.

Thirty-one percent (31%) of all illnesses in the country are attributed to polluted waters. Clearly, to ensure access to clean water for all Filipinos, it was imperative that government put together a comprehensive strategy to protect water quality.

What is the Clean Water Act?

The Philippine Clean Water Act of 2004 (Republic Act No. 9275) aims to protect the country’s water bodies from pollution from land-based sources (industries and commercial establishments, agriculture and community/household activities). It provides for a comprehensive and integrated strategy to prevent and minimize pollution through a multi-sectoral and participatory approach involving all the stakeholders.

Highlights of the Clean Water Act

How will water quality be managed?

Management of water quality will either be based on watershed, river basin or water resources region. Water quality management areas with similar hydrological, hydrogeological, meteorological or geographic conditions which affect the reaction and diffusion of pollutants in water bodies are to be designated by the DENR in coordination with the National Water Resources Board (NWRB).

Who will manage these areas?

Management will be localized. Multi-sectoral governing boards will be established to manage water quality issues within their jurisdiction.

Who are the members of the Governing Boards?


189



Governing Boards shall be composed of representatives of mayors and governors as well as local government units, representatives of relevant national government agencies, duly registered non-government organizations, the concerned water utility sector and the business sector.

What are the functions of the Governing Boards?

The Governing Boards will formulate strategies to coordinate policies necessary for the effective implementation of this Act. They will create a multi-sectoral group to establish and effect water quality surveillance and monitoring.

How will discharges of wastewater be controlled?

All owners or operators of facilities that discharge wastewater are required to get a permit to discharge from the DENR or the Laguna Lake Development Authority. Existing industries without any permit are given 12 months from the effectivity of the implementing rules and regulations (IRR) promulgated pursuant to this Act to secure a permit to discharge.

How will domestic wastewater be addressed?

The Department of Public Works and Highways (DPWH), in coordination with local government units will prepare a national program on sewage and septage management not later than 12 months from effectivity of this Act. A priority list will likewise be prepared which will be the basis for the allotment of funds on an annual basis by the national government for the construction and rehabilitation of required facilities.

On the other hand, LGUs are to provide the land including road right of the way for the construction of sewage and/or septage treatment facilities and raise funds for the operations and maintenance of said facilities.

The Department of Health (DOH) will formulate guidelines and standards for the collection, treatment and disposal of sewage as well as the guidelines for the establishment and operation of centralized sewage treatment system. The MWSS and other agencies mandated to provide water supply and sewerage facilities are required to connect existing sewage lines, subject to the payment of sewerage service charges/fees within five years following effectivity of this Act.

All sources of sewage and septage are required to comply with the law.

How will the discharge of wastewater be discouraged?


190



Anyone discharging wastewater into a water body will have to pay a wastewater charge. This economic instrument which will be developed in consultation with all concerned stakeholders is expected to encourage investments in cleaner production and pollution control technologies to reduce the amount of pollutants generated and discharged.

Effluent trading per management area will also be allowed.

Rewards will also be given to those whose wastewater discharge is better than the water quality criteria of the receiving body of water. Fiscal and non-fiscal incentives will also be given to LGUs, water districts, enterprise, private entities and individuals who develop and undertake outstanding and innovative projects in water quality management.

What safeguards are provided for?

All possible dischargers are required to put up an environmental guarantee fund (EGF) as part of their environmental management plan. The EGF will finance the conservation of watersheds and aquifers, and the needs of emergency response, clean up or rehabilitation.

What are the prohibited acts under R.A. 9275?

Among others, the Act prohibits the following:

• Discharging or depositing any water pollutant to the water body, or such which will impede natural flow in the water body• Discharging, injecting or allowing to enter into the soil, anything that would pollute groundwater• Operating facilities that discharge regulated water pollutants without the valid required permits• Disposal of potentially infectious medical waste into sea by vessels• Unauthorized transport or dumping into waters of sewage sludge or solid waste.• Transport, dumping or discharge of prohibited chemicals, substances or pollutants listed under Toxic Chemicals, Hazardous and Nuclear Wastes Control Act (Republic.Act No. 6969)• Discharging regulated water pollutants without the valid required discharge permit pursuant to this Act• Noncompliance of the LGU with the Water Quality Framework and Management Area Action Plan• Refusal to allow entry, inspection and monitoring as well as access to reports and records by the DENR in accordance with this Act• Refusal or failure to submit reports and/or designate pollution control officers


191



whenever required by the DENR in accordance with this Act• Directly using booster pumps in the distribution system or tampering with the water supply in such a way to alter or impair the water quality• Operate facilities that discharge or allow to seep, willfully or through grave negligence, prohibited chemicals, substances, or pollutantslisted under R.A. No. 6969, into water bodies.• Undertake activities or development and expansion of projects, or operating wastewater treatment/sewerage facilities in violation of P.D.1586 and its IRR.

What are the fines and penalties imposed on polluters?

The following are among the fines and penalties for violators of this Act and its IRR:

Upon the recommendation of the Pollution Adjudication Board (PAB), anyone who commits prohibited acts such as discharging untreated wastewater into any water body will be fined for every day of violation, the amount of not less than Php 10,000 but not more than Php 200,000.

Failure to undertake clean-up operations willfully shall be punished by imprisonment of not less than two years and not more than four years. This also includes a fine of not less than Php 50,000 and not more than Php 100,000 per day of violation. Failure or refusal to clean up which results in serious injury or loss of life or lead to irreversible water contamination of surface, ground, coastal and marine water shall be punished with imprisonment of not less than 6 years and 1 day and not more than 12 years and a fine of Php 500,000/day for each day the contamination or omission continues.

In cases of gross violation, a fine of not less than Php 500,000 but not more than Php 3,000,000 will be imposed for each day of violation. Criminal charges may also be filed.

Who should implement the Clean Water Act?

The DENR is the primary government agency responsible for the implementation and enforcement of this Act, with the support of other government organizations, local government units, non -government organizations and the private sector.

Towards this end, the DENR will review and set affluent standards, review and enforce water quality guidelines, classify groundwater sources and prepare a national groundwater vulnerability map, classify or reclassify water bodies, establish internationally accepted procedures for sampling and analysis, prepare an integrated water quality management framework and subsequently prepare 10-year management plans for each water management area.


192



The roles of other key government agencies are:

• The Philippine Coast Guard shall enforce water quality standards in marine waters, specifically from offshore sources.• The Department of Public Works and Highways through its attached agencies shall provide sewerage and sanitation facilities, and the efficient and safe collection, treatment and disposal of sewage within their area of jurisdiction.• The Department of Agriculture shall formulate guidelines for the re-use of wastewater for irrigation and other agricultural uses and for the prevention, control and abatement of pollution from agricultural and aquaculture activities.• The Department of Health shall set, revise and enforce drinking water quality standards.• The Department of Science and Technology shall evaluate, verify, develop and disseminate pollution prevention and cleaner production technologies.• The Department of Education, Commission on Higher Education, Department of Interior and Local Government, and the Philippine Information Agency shall prepare and implement a comprehensive and continuing public education and information program.

DENR ADMINISTRATIVE ORDERNo. 34 Series of 1990

Subject: REVISED WATER USAGE AND CLASSIFICATION/WATER QUALITY CRITERIA AMENDING SECTION NOS. 68 AND 69, CHAPTER III OF THE 1978 NPCC RULES AND REGULATIONS

Section 68.Water Usage and Classification.- The quality of Philippine waters shall be maintained in a safe and satisfactory condition according to their best usages. For this purpose, all waters shall be classified according to the following beneficial usages:

(a)Fresh Surface Waters (rivers, lakes, reservoirs, etc.)

Classification Beneficial Use

Class AA Public Water Supply Class I. This class is intended primarily for waters having watersheds which are uninhabited and otherwise protected and which


193



require only approved disinfection in order to meet the National Standards for Drinking Water (NSDW) of the Philippines.

Class A Public Water Supply Class II. For sources of water supply that will require complete treatment (coagulation, sedimentation, filtration and disinfection) in order to meet the NSDW.

Class B Recreational Water Class I. For primary contact recreation such as bathing, swimming, skin diving, etc. (particularly those designated fortourism purposes).

Class C 1) Fishery Water for the propagation and growth of fish and other aquatic resources;2) Recreational Water Class II (Boatings, etc.)3) Industrial Water Supply Class I (For manufacturing processes after treatment).

Class D 1) For agriculture, irrigation, livestock watering, etc.2) Industrial Water Supply Class II (e.g. cooling, etc.)3) Other inland waters, by their quality, belong to this classification.

___________________ In general, this refers to current best beneficial use that is expected to last, at least, for the next 10 to 20 years. In special cases when dictated by political, economic, social, public health, environmental and other considerations, certain waters may be classified according to the intended or future beneficial use (e.g. Pasig River, Tullahan-Tenejeros,etc.(b) Coastal and Marine Waters

Classification Beneficial UseClass SA 1) Waters suitable for the propagation, survival

and harvesting ofshellfish for commercial purposes; 2) Tourist zones and national marine parks and reserves established under Presidential Proclamation No. 1801; existing


194



laws and/or declared as such by appropriate government agency. 3) Coral reef parks and reserves designated by law and concerned authorities.

Class SB 1) Recreational Water Class I (Areas regularly used by thepublic for bathing, swimming, skin diving, etc.);2) Fishery Water Class I (Spawning areas for

Chanoschanosor"Bangus" and similar species).Class SC 1) Recreational Water Class II (e.g. boating, etc.);

2) Fishery Water Class II (Commercial and sustenance fishing);3) Marshy and/or mangrove areas declared as fish and wildlifesanctuaries;

Class SD 1) Industrial Water Supply Class II (e.g. cooling, etc.);2) Other coastal and marine waters, by their quality, belong to this classification


195Philippine Environmental Law


DENR Administrative OrderNo. 35Series of 1990

Subject: Revised Effluent Regulations of 1990, Revising and Amending the Effluent Regulations of 1982

Pursuant to the provisions of Section 6 (i) of Presidential Decree No. 984, otherwise known as the "Pollution Control Decree of 1976", and by virtue of Executive Order No. 192, Series of 1987, the Department of Environment and Natural Resources hereby adopts and promulgates the following rules and regulations:

Section 1.Title. - These rules and regulations shall be known as the "Revised Effluent Regulations of 1990".

Section 2.Scope. - These rules and regulations shall apply to all industrial and municipal wastewater effluents.

Section 3.Definitions. - The following words and phrases, as used in these rules and regulations, shall have the following meaning unless the context clearly indicates otherwise:

a. "BOD" means a measure of the approximate quantity of dissolved oxygen that will be required by bacteria to stabilize organic matter in wastewater or surface water. It is a semi-quantitative measure of the wastewater organics that are oxidizable by bacteria. It is also a standard test in assessing wastewater strength.

b. "Coastal Water" means an open body of water along the country’s coastline starting from the shoreline (MLLW) and extending outward up to the 200-meter isobath or three-kilometer distance, whichever is farther.

c. "Department" refers to the Department of Environment and Natural Resources.

d. "Effluent" is a general term denoting any wastewater, partially or completely treated, or in its natural state, flowing out of a manufacturing plant, industrial plant or treatment plant.

e. "Inland Water" means an interior body of water or watercourse such as lakes, reservoirs, rivers, streams, creeks, etc., that has beneficial usage other than public water supply or primary contact recreation. Tidal affected rivers or streams are considered inland waters for purposes of these regulations.

f. "Mixing Zone" is the place where the effluent discharge from a point source mixes with a receiving body of water. The area or extent of the zone shall be determined by the discharger and approved by the Department on a case-to-case basis.



RA 9275: Philippine Clean Air Water Act of 2004g. "NPI" means New/Proposed Industry or wastewater treatment plants

to be constructed.h. "OEI" means Old or Existing Industry.i. "Primary Contact Recreation" means any form of recreation, where

there is intimate contact of the human body with the water, such as swimming, water skiing, or skin diving.

j. "Protected Water" means a watercourse or a body of water, or any segment thereof, that is classified as a source of public water supply, propagation and harvesting of shellfish for commercial purposes, or spawning areas for Chanoschanos and similar species, or primary contact recreation, or that which is designated by competent government authority or by legislation as tourist zone, national marine park and reserve, including coral reef park and reserve.

k. "Strong Water" refers to wastewater whose initial BOD value before treatment is equal to or greater than 3,000 mg/L.

Section 4. Heavy Metals and Toxic Substances. - Industrial and other effluents when discharged into bodies of water classified as Class A, B, C, D, SA, SB, SC and SD in accordance with Section 68, as amended, of the 1978 NPCC Rules and Regulations shall not contain toxic substances in levels greater than those indicated in Table 1.

TABLE 1 - Effluent Standards: Toxic and Other Deleterious Substance(Maximum Limits for the Protection of Public Health)a

Parameter Unit

Protected Waters

Protected Waters

Inland Waters

Marine Waters

Marine Waters

Category I Category II Class C Class SC Class SD(Class AA & SA)

(Class A,B & SB)

OEI NPI OEI NPI OEI NPI OEI NPI OEI NPIArsenic mg/L b b 0.2 0.1 0.5 0.2 1.0 0.5 1.0 0.5

Cadmium mg/L b b 0.05 0.02 0.1 0.05 0.2 0.1 0.5 0.2

Chromium(hexavalent)

mg/L b b 0.1 0.05 0.2 0.1 0.5 0.2 1.0 0.5

Cyanide mg/L b b 0.2 0.1 0.3 0.2 0.5 0.2 - -

Lead mg/L b b 0.2 0.1 0.5 0.3 1.0 0.5 - -



RA 9275: Philippine Clean Air Water Act of 2004Mercury(Tot.)

mg/L b b 0.005 0.005 0.005 0.005 0.005 0.005 0.05 0.01

PCB mg/L b b 0.003 0.003 0.003 0.003 0.003 0.003 - -

Formaldehyde mg/L b b 2.0 1.0 2.0 1.0 2.0 1.0 - -

Section 5. Conventional and Other Pollutants Affecting Aesthetics and Oxygen Demand. - Effluents from domestic sewage and industrial wastewater treatment plants not covered under Section 6 of these Regulations, when discharged into receiving waters classified as Class A, B, C, D, SA, SB, SC, and SD in accordance with Section 68, as amended, of the 1978 NPCC Rules and Regulations shall not contain the following pollutants in concentrations greater than those indicated in Tables 2A and 2B.

TABLE 2A - Effluent Standards: Conventional and Other Pollutants in Protected Waters Category I and II and in Inland Waters Class Ca

Parameter

Unit

Protected Waters Inland WatersCategory I Category II(Class AA & SA)

(Class A, B & SB) Class C

OEI NPI OEI NPI OEI NPIColor PCU b b 150 100 200c 150c

Temperature(max rise in deg.Celsius in RBW)

oC rise

b

b

3

3

3

3pH (range) b b 6.0-9.0 6.0-9.0 6.0-9.0 6.5-9.0

COD Mg/L b b 100 60 150 100

Settleable Solids(1-hour)

Mg/L b b 0.3 0.3 0.5 0.5

5-Day 20 oC BOD Mg/L b b 50 30 80 50



RA 9275: Philippine Clean Air Water Act of 2004Total SuspendedSolids

Mg/L b b 70 50 90 70

Total DissolvedSolids

Mg/L b b 1,200 1,000 - -

Surfactants (MBAS) Mg/L b b 5.0 2.0 7.0 5.0

Oil/Grease (Petroleum Ether Extract)

Mg/L b b 5.0 5.0 10.0 5.0

Phenolic Substancesas Phenols

Mg/L b b 0.1 0.05 0.5 0.1

Total Coliforms MPN/100mL b b 5,000 3,000 15,000 10,000

TABLE 2B - Effluents Standards: Conventional and Other Pollutants in Inland Waters Class D, Coastal Waters Class SC and SD and other Coastal Waters not yet Classified)

Parameter

Unit

Inland Waters Coastal Waters Class SD & OtherCoastal Waters

(Class D) (Class SC) Not ClassifiedOEI NPI OEI NPI OEI NPI

Color PCU --- --- c c c

Temperature(max. rise in deg.Celsius in RBW)

oC rise 3 3 3 3 3 3

pH (range) 5.0-9.0 6.0-9.0 6.0-9.0 6.0-9.0 5.0-9.0 5.0-9.0

COD mg/L 250 200 250 200 300 200

5-Day 20 oC BOD mg/L 150 120 120d 100 150d 120

Total Suspended Solids

mg/L 200 150 200 150 g f

Total Dissolved Solids

mg/L 2,000h 1,500h - - - -

Surfactants (MBAS)

mg/L - - 15 10 - -

Oil/Grease (Petroleum

mg/L - - 15 10 15 15



RA 9275: Philippine Clean Air Water Act of 2004Ether Extract)Phenolic Substancesas Phenols

mg/L - - 1.0i 0.5i 5.0 1.0

Total Coliforms MPN/100mL j j - - - -

NOTES for Table 2A and Table 2B:

1. In cases where the background level of Total Dissolved Solids (TDS) in freshwater rivers, lakes, reservoirs and similar bodies of water is higher than the Water Quality Criteria, the discharge should not increase the level of TDS in the receiving body of water by more than ten percent of the background level.

2. The COD limits in Tables 2A and 2B generally apply to domestic wastewater treatment plant effluent. For industrial discharges, the effluent standards for COD should be on a case to case basis considering the COD – BOD ratio after treatment. In the interim period that this ratio is not yet established by each discharger, the BOD requirements shall be enforced.

3. There are no effluent standards for chloride except for industries using brine and discharging into inland waters, in which case the chloride content should not exceed 500 mg/L.

4. The effluent standards apply to industrial manufacturing plants and municipal treatment plants discharging more than thirty (30) cubic meters per day.

Section 6. Effluent Standards for BOD for Strong Industrial Wastes. -

a) Interim Requirements for Old or Existing Industries. - For strong industrial wastewaters with high BOD and where the receiving body of water is Class C, D, SC and SD in accordance with Section 68, as amended, of the 1978 NPCC Rules and Regulations, the interim effluent requirements for old industries which will be applicable within the period indicated in Table 3A.

TABLE 3A - Interim Effluent Standards for BOD Applicable to Old or Existing Industries Producing Strong Industrial Wastes, (1990-1994)

Industry Classification Based on BOD of Raw Wastewaters Produced

Maximum Allowable Limits in mg/L, according toTime Period and Receiving Body of Water

Effectivity date - Dec. 31, 1991

Jan. 1, 1992-Dec. 31, 1994

Inland Waters Coastal Inland Waters Coastal



RA 9275: Philippine Clean Air Water Act of 2004Waters Waters(Class C & D) (Class SC &

SD)(Class C & D) (Class SC &

SD)1. Industries producing BOD within 3,000 to 10,000 mg/L

320or95% removal

650or90% removal

200or97% removal

320or95% removal

2. Industries producing BOD within 10,000 to 30,000 mg/L

1,000or95% removal

2,000or90% removal

600or97% removal

1,000or95% removal

3. Industries producing more than or 30,000 mg/L

1,500or95% removal

3,000or90% removal

900or97% removal

1,500or95% removal

NOTE: *

1. Use either the numerical limit or percentage removal whichever is lower (or whichever is more strict).

2. Starting January 1, 1995, the applicable effluent requirements for old or existing industries are indicated in Table 3B.

3. For parameters other than BOD, Table 2A and Table 2B both under Section 5 shall apply.

b) Requirements for New Industries. - Upon the effectivity of these regulations, new/proposed industries, or those old/existing industries that are yet to construct their wastewater treatment facilities, which are producing or treating strong wastewaters shall comply with the requirements in Table 3B below. By January 1995, this Table shall be applicable to all industries producing strong wastes.

TABLE 3B - Effluent Standards for New* Industries Producing Strong Wastes upon Effectivity of these Regulations, and for All Industries Producing Strong Wastes starting January 1, 1995.

Industry ClassificationBased on BOD of RawWastewater

Maximum Allowable Limits in mg/LBased on Receiving Body of WaterInland Waters Coastal Waters(Class C & D) (Class SC & SD)

1. Industries producing within 3,000 to 10,000 mg BOD/L

130 or 98% removal 200 or 97% removal



RA 9275: Philippine Clean Air Water Act of 20042. Industries producing within 10,000 to 30,000 mg BOD/L


3. Industries producing more than 30,000 mg BOD/L


Note: *Including old or existing industries producing strong waste whose wastewater treatment plants are still to be constructed.

1. Use either numerical limits or percentage removal whichever is lower (or whichever is more strict).

2. For parameters other than BOD, Tables 2A and 2B shall apply.

Section 7. Mixing Zone Requirements. The following general conditions shall govern the location and extent of the mixing zone:

a. No mixing zone or combination of mixing zones shall be allowed to significantly impair any of the designated uses of the receiving body of water.

b. A mixing zone shall not include an existing drinking water supply intake if such mixing zone would significantly impair the purposes for which the supply is utilized.

c. A mixing zone for rivers, streams, etc., shall not create a barrier to the free migration of fish and aquatic life.

d. A mixing zone shall not include a nursery area of indigenous aquatic life nor include any area designated by the Department of Environment and Natural Resources for shellfish harvesting, tourist zones and national marine parks and reserves, coral reef parks and reserves and declared as such by the appropriate government agency.

e. In general, the length of the mixing zone or plume in rivers or similar waterways shall be as short as possible and its width shall be preferably not more than one-half of the width of the waterway.

f. In discharging hot effluents from power plants, mineral ore milling and similar generators of large volume of liquid wastes the permissible size of the mixing zone shall be determined through modeling taking into consideration the size, hydraulic and hydrological data of the receiving body of water and the design and siting of the wastewater outfall.

g. For the protection of aquatic life resources, the mixing zone must not be used for, or be considered as a substitute for wastewater treatment facility.

Section 8. Additional Requirements

a. In addition to fulfilling the above-stated requirements in Sections 4 to 6, no effluent shall cause the quality of the receiving body of water to



RA 9275: Philippine Clean Air Water Act of 2004fall below the prescribed quality in accordance with its classification or best usage.

b. Where the combined effect of a number of individual effluent discharges causes one or more water quality parameters to exceed the prescribed limits, the maximum permissible concentrations of such parameters shall be reduced proportionately so as to maintain the desired quality.

c. When discharging effluents into coastal waters, the location and design of the submarine outfall shall be based on prevailing oceanographic and wind conditions so that discharged materials shall not find their way back to the shore and that there shall be minimum deposition of sediments near and around the outfall.

d. Effluents discharged into protected inland and coastal waters Category II, such as Class A, B, and SB, shall meet the requirements of Section 4 and 5 above.

e. Starting January 1, 1995, old or existing industries shall comply with the standards set for new industries in these regulations.

f. For a period to be determined by the Department Secretary and provided that the resulting effect on receiving waters does not pose an immediate threat to life, public health, safety or welfare or to animal or plant life or property, any existing industry that produces strong wastes which cannot meet the limits for BOD in Tables 3A and 3B, maybe allowed to operate and be issued a temporary permit to operate on condition that it pays first a penalty fee for polluting a receiving body of water in the amount equivalent to five pesos (PhP 5.00) per kilogram of BOD discharged per day in exceedance of the allowable effluent limit provided further that the calculated fine shall not exceed PhP5,000 per day in accordance with PD 984 and its implementing rules and regulations. (Conversion Factor: 1 mg/L = 1 g/cu.m.)

g. Each discharger covered under these regulations shall monitor its effluent and its effect on the receiving body of water regularly in order to ensure compliance with Sections 4, 5 and 6 hereof and Section 69, as amended, of the 1978 NPCC Rules and Regulations.

Section 9. Prohibitions. –

a. No industrial or domestic sewage effluent shall be discharged into Class AA and SA waters.

b. In order to avoid deterioration of the quality of the receiving body of water, no new industrial plant with high waste load potential shall discharge into a body of water where the dilution or assimilative capacity of said water body during dry weather condition is insufficient to maintain its prescribed water quality according to its usage or classification.

c. No person shall discharge, wholly or partially, untreated or inadequately treated industrial effluents directly into bodies of water or through the use of bypass canals and/or pumps and other



RA 9275: Philippine Clean Air Water Act of 2004unauthorized means except upon prior approval of the Department Secretary.

d. Other Restrictions:

1. All water pollution control facilities/installations shall be properly and consistently maintained and correctly and continuously operated in order to maintain an effluent quality that complies with Sections 4 to 6 of these regulations.

2. No industrial or manufacturing plant shall be operated without the control facilities or wastewater treatment system in good order or in proper operation except with the permission of the Department Secretary when special circumstance arise.

3. No industrial or manufacturing plant or source of pollution shall be operated at capacities beyond the limits of operation or capability of the wastewater treatment facility in order to maintain the effluent quality within the standards or pertinent conditions required by law and/or stipulated in the permit to operate.

4. No person shall build, erect, install or use any equipment, contrievance or any means the use of which will conceal and/or dilute an effluent discharge and which otherwise constitute a violation of any provisions of these regulations or the 1978 NPCC Rules and Regulations, as amended.

Section 10. Methods of Analysis for Effluents. - For purposes of these Regulations, any domestic or industrial effluent discharged into any body of water or watercourse shall be analyzed in accordance with the latest edition of the "Philippine Standard Methods for Air and Water Analyses", the "Standard Method for the Examination of Water and Wastewater" published jointly by the American Public Health Association, the American Waterworks Association and the Water Pollution Control Federation of the United States, or in accordance with such other methods of analysis as the Department may prescribe. The approved methods of analysis are given in Table 4.

Table 4 - Approved Methods of Analysis

PARAMETER METHOD OF ANALYSISARSENIC Silver Diethyldithiocarbamate Method

(Colorimetric)BOD Azine Modification (Dilution Technique)BORON Carmine Method (Colorimetric Method)CADMIUM Atomic Absorption Spectrophotometry

(Wet ashing with concentration HNO3 + HCl)CHLORINATED HYDROCARBONS Gas Chromatography (ECD)CHROMIUM (Hexavalent) DiphenylCarbazine Colorimetric MethodCOLOR Visual Comparison Method Platinum Cobalt

Scale



RA 9275: Philippine Clean Air Water Act of 2004CYANIDE Specific Ion Electrode MethodDISSOLVED OXYGEN Azide Modification (Winkler Method),

Membrane Electrode (DO meter)FECAL COLIFORMS Multiple-Tube Fermentation Technique or

Membrane FilterLEAD Atomic Absorption SpectrophotometryNITRATE AS NITROGEN Bruccine Method for Saline Waters, specific

Ion Electrode Meter for Fresh WaterOIL AND GREASE Gravimetric Method (Petroleum Ether

Extraction)ORGANO PHOSPHORUS COMPOUNDS Gas Chromatography (FPD)PCB Gas Chromatography (ECD)pH Glass Electrode MethodPHENOLIC SUBSTANCES Chloroform Extraction MethodPHOSPHATE AS PHOSPHORUS Stannous Chloride MethodSETTLEABLE SOLIDS Imhoff Cone MethodSURFACTANT (MBAS) Methylene Blue Method (Colorimetric)TEMPERATURE Use of Mercury-Filled ThermometerTOTAL COLIFORMS Multiple-Tube Fermentation Technique or

Membrane FilterTOTAL MERCURY Cold Vapor Technique, (Mercury Analyzer,

AAS)TOTAL SUSPENDED SOLIDS Gravimetric Method

NOTE: Other methods found in the Philippine Standard Methods for Air and Water Analysis, the "Standard Methods for the Examination of Water and Waste Waters", published jointly by American Public Health Association, the American Waterworks Association and the Water Pollution Control Federation of the U.S. or in accordance with such other method of analyses as the DENR may prescribe.

Section 11. Maximum Quantity to be Discharged. - For the protection of public health and the aquatic resources of the country and in cases where the volume, strength and nature of one or more pollutants, enumerated in, or not otherwise covered in the preceding Sections, are expected to cause a serious deterioration of a receiving body of water or cause harm or injury to aquatic life and resources, the Department Secretary shall promulgate guidelines for the use of the concerned line agencies, providing for the maximum quantity of any pollutant or contaminant that maybe allowed to be discharged into the said body of water or watercourse, including the maximum rate at which the contaminant may be so discharged.

This Section particularly applies, but is not limited to industrial effluents covered under Section 6 of these regulations, specifying in kilograms per day the BOD that may be discharged considering the classification and dry weather flow of the receiving body of water.



RA 9275: Philippine Clean Air Water Act of 2004Section 12. Penalties. - Any person or group of persons found violating or failing to comply with any Order or Decision of the Department and/or the Pollution Adjudication Board or any provision of these Regulations, shall be liable under Section 9 of the Pollution Control Law (PD No. 984) and/or Section 106 of the 1978 NPCC Rules and Regulations, as amended.

Section 13. Separability Clause. - Any Section or provision of these regulations declared to be unconstitutional or invalid by a competent court, the other sections or provisions hereof shall remain to be in force.

Section 14. Repealing Clause. - Any provision of the 1978 Rules and Regulations, as amended, the Effluent Regulations of 1982, and other existing rules and regulations of the Department which are inconsistent herewith are hereby repealed.

Section 15. Amendments. - This Regulation may be amended and/or modified from time to time by the Department.

Section 16. Effectivity. - This Regulation shall take effect thirty (30) days after publication in the official gazette or any newspaper of general circulation.

APPROVED.

(Sgd.) FULGENCIO S. FACTORAN, JR. Secretary, Department of Environment and Natural Resources



RA 9367: Biofuels Act of 2006




Republic Act 9367: BIOFUELS ACT of 2006

BACKGROUND OF R.A. 9367

The House of Representative’s version was championed by Congressman Miguel Zubiri. It then became Senate Bill 2226, which was sponsored by Senator Miriam Defensor Santiago, Chairperson of the Committee on Energy and cosponsored by Senators Aquilino Pimentel, PiaCayetano, Ralph Recto, Mar Roxas, Richard Gordon and Edgardo Angara. With 19 senators voting in favor, none against, and no abstention, said bill was approved on Third Reading. Both Houses of Congress ratified Republic Act 9367 otherwise known as the Biofuels Act of 2006 on November 29, 2006. President Gloria Macapagal-Arroyo signed the Bill into law on January 12, 2007.It took effect on May 27, 2007.

The greater a nation’s dependence on foreign oil, the greater the risk that events in oil-producing countries will interfere with its supply. The bill seeks to put meaning to the concept of energy independence. Energy independence does not have to be a vacuous phrase. True enough; the country may never be truly “independent” of oil—at least, not until it replaces all its petroleum-fired vehicles with something radically different.

The Biofuels Act principally aims to develop and utilize homegrown and renewable alternatives to oil. It also seeks to mitigate toxic and greenhouse gas emissions. Additionally, an important consequence of this energy reform strategy is the likelihood of increased farm output, thereby generating more rural employment and higher incomes among farmers. Pursuant to Section



RA 9367: Biofuels Act of 200615 of the Biofuels Act, the Department of Energy (DOE) issued the Rules and Regulations for the more effective implementation of the said law. The key provisions include the creation and organization structure of the National Biofuels Board and the definition of its powers and functions.

REPUBLIC ACT NO. 9367

AN ACT TO DIRECT THE USE OF BIOFUELS, ESTABLISHING FOR THIS PURPOSE THE BIOFUEL PROGRAM, APPROPRIATING FUNDS THEREFORE, AND FOR OTHER PURPOSES.

SECTION 1. Short Title – This act shall be known as the “Biofuels Act of 2006“.

SECTION 2. Declaration Policy – It is hereby declared the policy of the State to reduce dependence on imported fuels with due regard to the protection of public health, the environment, and the natural ecosystems consistent with the country’s sustainable economic growth that would expand opportunities for livelihood by mandating the use of biofuels as a measure to:

a) Develop and utilize indigenous renewable and sustainable-sources clean energy sources to reduce dependence on imported oil.

b) Mitigate toxic and greenhouse gas (GSG) emissions;c) Increase rural employment and income; andd) Ensure the availability of alternative and renewable clean energy

without any detriment to the natural ecosystem, biodiversity and food reserves of the country.



RA 9367: Biofuels Act of 2006SECTION 3. Definition of terms – As used in this act, the following term shall be taken to means as follows:

a) AFTA – shall refer to the ASIAN free trade agreement initiated by the Association of South East Asian Nation;

b) Alternative Fuel Vehicle/Engine – shall refer to vehicle/engines that use alternative fuels such as biodiesel, bioethanel, natural gas, electricity, hydrogen and automotive LPG instead of gasoline and diesel;

c) Bioethanol fuel – shall refer to ethanol (C2H30H) produce from feedback and other biomass.

d) Biodiesel – shall refer to Fatty Acid Methyl Ester (FAME) or mono-alkyl ester delivered from vegetable oil, or animal fats and other biomass-derived oils that shall be technically proven and approved by the DOE for use in diesel engines, with quality specifications in accordance with the Philippine National Standards (PNS)

e) Bioethanol fuels – shall refer to the hydrous and anhydrous bioethanol suitably denatured for use as motor fuel with quality specifications in accordance with the PNS;

f) Biofuel – shall refer to the bioethanol and biodiesel and other fuels made from biomass and primary used for motive, thermal power generation, with quality specifications in accordance with PNS;

g) Biomass – shall refer to any organic matter, particularly cellulosic or ligno-cellulosic matter, which is available on a renewable or recurring basis, including trees, crops and associated residues, plant fiber, poultry litter and other animal wastes, industrial wastes and biodegradable component of solid waste;

h) DA – shall refer to the Department of Agriculture created under Executive Order No. 116, as amended;

i) Diesel – shall refer to the refined petroleum distillate, which may contain small amount of hydrocarbon or nonhydrocarbon additives to improve ignition quality or other characteristic, suitable for



RA 9367: Biofuels Act of 2006compression ignition engine and other suitable types of engines with quality specifications in accordance with PNS;

j) DENR – shall refer to the Department of Environment and Natural Resources created under Executive No. 192, as amended;

k) DOE – shall refer to the Department of Energy created under Republic Act No. 7638, as amended;

l) DOLE – shall refer to the Department of Labor and Employment created under Executive Order No. 126, as amended;

m)DOF – shall refer to the Department of Finance created under Administrative Orders No. 127 and 127-A;

n) DOST – shall refer to the Department of Science and Technology created under Republic Act no. 2067

o) DOTC – shall refer to the Department of Transportation and Communication created under Executive Order No. 125-A, as amended;

p) DTI – shall refer to the Department of Trade and Industry created under Executive Order No. 133;

q) Feedstock – shall refer to the organic sources such as molasses, sugarcane, cassava, coconut, jatropha, sweet sorghum or other biomass used in the production of biofuels;

r) Gasoline – shall refer to volatile mixture of liquid hydrocarbon, generally containing small amounts of additives suitable for use as fuel in spark-ignition internal combustion engines with quality specifications in accordance with the PNS;

s) Motor fuel – shall refer to all volatile and inflammable liquids and gas produced, blended or compounded for the purpose of, or which are suitable or practicable for, operating motor vehicle;

t) MTBE – shall refer to Methyl Tertiary Butyl Ether;u) NBB or Board – shall refer to the National Biofuel Board created under

Section 8 of this Act ;



RA 9367: Biofuels Act of 2006v) Oil Company – shall refer to any entity that distributes and sells

petroleum fuel products;w) Oxygenate – shall refer to substances, which, when added to gasoline,

increase the amount of oxygen in that gasoline blend;x) PNS – shall refer to the Philippine National Standard; consistent with

section 26 of R.A. No. 8749 otherwise known as the ‘Philippine Clean Air Act of 1999;

y) Renewable Energy Sources – shall refer to energy sources that do not have an upper limit on the total quantity to be used. Such resources are renewable on a regular basis; and

z) WTO – shall refer to the World Trade Organization.

SECTION 4. Phasing Out of the Use of Harmful Gasoline Additives and/or Oxygenates. – Within six months from affectivity of this Act, the DOE, according to duly accepted international standards, shall gradually phase out the use of harmful gasoline additives such as, but not limited to MTBE

SECTION 5.Mandatory Use of Biofuels. – Pursuant to the above policy, it is hereby mandated that all liquid fuels for motors and engines sold in the Philippines shall contain locally-sourced biofuels components as follows:

5.1 Within two years from the effectivity of this Act, at least five percent (5%) bioethanol shall comprise the annual total volume of gasoline fuel actually sold and distributed by each and every oil company in the country; subject to requirement that all bioethanol blended gasoline shall contain a minimum of five percent (5%) bioethanol fuel by volume Provided, that ethanol blend conforms to PNS.

5.2 Within four years from the effectivity of this Act, the NBB created under this Act is empowered to determine the feasibility thereafter recommend to DOE to mandate a minimum of ten percent(10%) blend of bioethanol by



RA 9367: Biofuels Act of 2006volume into all gasoline fuel distributed and sold by each and every oil company in the country.

In the event of supply shortage of locally-produced bioethanol during the four–year period, oil companies shall be allowed to import bioethanol but only to the extent of the shortage as may be determined by NBB.

5.3 Within three months from the effectivity of this Act, a minimum of one percent (1%) biodiesel by volume shall be blended into all diesel engine fuels sold in the country: Provided That the biodiesel blend conforms to PNS for biodiesel.

Within two years from the effectivity of this Act, the NBB created under this Act is empowered to determine the feasibility and thereafter recommend to DOE to mandate a minimum of two percent (2%) blend of biodiesel by volume which may be increased taking into account considerations including but not limited to domestic supply and availability of locally-sourced biodiesel component.

SECTION 6. Incentive Scheme – To encourage investments in the production, distribution and use of locally-produced biofuels at and above the minimum mandated blends, and without prejudice to enjoying applicable incentives and benefits under existing laws, rules and regulations, the following additional incentives are hereby provided under this Act.

a) Specific taxThe specific tax on local or imported biofuels component, per liter of volume shall be zero (0). The gasoline and diesel fuel component, shall remain subject to the prevailing specific tax rate.



RA 9367: Biofuels Act of 2006b) Value Added Tax

The sale of raw material used in the production of biofuels such as, but not limited to, coconut, jatropha, sugarcane, cassava, corn, and sweet sorghum shall be exempt from the value added tax.

c) Water EffluentsAll water effluents, such as but not limited to distillery slops from the production of biofuels used as liquid fertilizer and for other agricultural purposes are considered “reuse”, and are therefore, exempt from wastewater charges under the system provided under section 13 of R.A No. 9275, also known as the Philippine Clean Water Act: Provided, however, That such application shall be in accordance with the guidelines issued pursuant to R.A. No. 9275, subject to the monitoring and evaluation by DENR and approved by DA.

d) Financial AssistanceGovernment financial institutions, such as the Development Bank of the Philippines, Land Bank of the Philippines, Quedancor and other government institutions providing financial services shall, in accordance with and to the extent by the enabling provisions of their respective charters or applicable laws, accord high priority to extend financing to Filipino citizens or entities, at least sixty percent (60%) of the capital stock of which belongs to citizens of the Philippines that shall engage in activities involving production storage, handling and transport of biofuel feedstock, including the blending of biofuels with petroleum, as certified by the DOE.



RA 9367: Biofuels Act of 2006SECTION 7.Powers and Functions of the DOE. – In addition to its existing powers and functions, the DOE is hereby mandated to take appropriate and necessary actions to implement the provisions of this Act. In pursuance thereof, it shall within three months from effectivity of this Act:

a) Formulate the implementing rules and regulations under Section 15 of this Act;

b) Prepare the Philippines Biofuel program consistent with the Philippine Energy Plan and taking into consideration the DOE’s existing biofuels program;

c) Establish technical fuel quality standards for biofuels and biofuel-blended gasoline and diesel which comply with the PNS.

d) Establish guidelines for the transport, storage and handling of biofuels;e) Impose fines and penalties against persons or entities found to have

committed any of the prohibited acts under Section 12 (b) to (e) of this Act;

f) Stop the sale of biofuels and biofuel-blended gasoline and diesel that are not in conformity with the specifications provided for under Section 5 of this Act, the PNS and corresponding issuances of the Department; and

g) Conduct an information campaign to promote the use of biofuels

SECTION 8. Creation of the National Biofuel Board (NBB) – The National Biofuel Board is hereby created. It shall be composed of the Secretary of the DOE as chairman and the Secretaries of the DTI, DOST, DA, DOF, DOLE, and the Administrators of the PCA, and the SRA, as members.

The DOE Secretary, in his capacity as Chairperson, shall, within one month from the effectivity of this Act, convene the NBB.



RA 9367: Biofuels Act of 2006The Board shall by assisted by a Technical Secretariat attached to the

Office of the Secretary of the DOE. It shall be headed by a Director to be appointed by the Board. The number of staff of the Technical Secretariat and the corresponding positions shall be determined by the Board, subject to approval by the Department of Budget and Management (DBM) and existing civil services rules and regulations.

SECTION 9.Powers and Functions of the NBB. – The NBB shall have the following powers and functions:

a) Monitor the implementation of, and evaluate for further expansion, the National Biofuel Program (NBP) prepares by the DOE pursuant to Section 7 (b) of this Act;

b) Monitor the supply and utilization of biofuels and biofuel-blends and recommend appropriate measures in cases of shortage of feedstock supply for approval of the Secretary of DOE. For this purpose:1. The NBB is empowered to require all entities engaged in the

production, blending and distribution of biofuels to submit reports of their actual and projected sales and inventory of biofuels, in a format to be prescribed for this purpose; and

2. The NBB shall determine availability of locally-sourced biofuels and recommend to DOE the appropriate level or percentage of locally–sourced biofuels to the total annual volume of gasoline and diesel sold and distributed in the country.

c) Review and recommend to DOE the adjustment in the minimum mandated biofuel blends subject to the availability of locally–sourced biofuels: Provided, That the minimum blend may be decreased only within the first four years from the effectivity of this Act. Thereafter, the minimum blends of the five percent (5%) and two percent (2%) for bioethanol and biodiesel respectively, shall not be decreased;



RA 9367: Biofuels Act of 2006d) Recommend to DOE a program that will ensure the availability of

alternative fuel technology for vehicles, engine and parts in consonance with the mandated minimum biofuel-blends, and to maximize the utilization of biofuels including other biofuels;

e) Recommend to DOE the use of biofuel–blends in air transport taking into account safety and technical viability; and

f) Recommend specific actions to be executed by the DOE and other appropriate government agencies concerning the implementation of the NBP, including its economic, technical, environment, and social impact.

SECTION 10.Security of Domestic Sugar Supply. – Any provision of this Act to the contrary notwithstanding, the SRA, pursuant to its mandate, shall, at all times, ensures that the supply of sugar is sufficient to meet the domestic demand and that the price of sugar is stable.

To this end, the SRA shall recommend and the proper agencies shall undertake the importation of sugar whenever necessary and shall make appropriate adjustments to the minimum access volume parameters for sugar in the Tariff and Custom Code.

SECTION 11.Role of Government Agencies. – To ensure the effective implementation of the NBP, concerned agencies shall perform the following functions:

a) The DOF shall monitor the production and importation of biofuels through the Bureau of Internal Revenue (BIR) and the Bureau of Customs (BOC);



RA 9367: Biofuels Act of 2006b) The DOST and the DA shall coordinate in identifying and

developing viable feedstock for the production of biofuels;c) The DOST, through the Philippine Council for Industry and Energy

Research and Development (PCIERD), shall develop and implement a research and development program supporting a sustainable improvement in biofuel production and utilization technology. It shall also publish and promote related technologies developed locally and abroad.

d) The DA through its relevant agencies shall:(1)Within three months from effectivity of this Act, develop a

national program for the production of crops for use as feedstock supply. For this purpose, the Administrators of the SRA and the PCA, and other DA-attached agencies shall, within their authority develop and implement policies supporting the Philippine Biofuel Program and submit the same to the Secretary of the DA for consideration;

(2)Ensure increased productivity and sustainable supply of biofuel feedstocks. It shall institutes program that would guarantee that a sufficient and reliable supply of feedstocks is allocated for biofuel production; and

(3)Publish information on available and suitable areas for cultivation and production of such crops.

e) The DOLE shall:

(1)Promote gainful livelihood opportunities and facilitate productive employment through effective employment services and regulation;

(2)Ensure the access of workers to productive resources and social coverage; and



RA 9367: Biofuels Act of 2006(3)Recommend plans, policies and programs that will enhance

the social impact of the NBP.e) The Tariff Commission, in coordination with the appropriate

government agencies, shall create and classify a tariff line for biofuels and biofuel-blends in consideration of WTO and AFTA agreements; and

f) The local government units (LGU) shall assist the DOE in monitoring the distribution sale in use of biofuels and biofuel-blends

SECTION 12.Prohibited Acts. The following acts shall be prohibited:

a. Diversion of biofuels, whether locally produced or imported, to purposes other than those envisioned in this Act;

b. Sale of biofuel–blended gasoline or diesel that fails to comply with the minimum biofuel–blend by volume in violation of the requirement under Section 5 of this Act;

c. Distribution, sale and use of automotive fuel containing harmful additives such as, but not limited to, MTBE at such concentration exceeding the limits to be determined by the NBB.

d. Noncompliance with the established guidelines of the PNS and DOE adopted for the implementation of this Act; and

e. False labeling of gasoline, diesel, biofuels and biofuel-blended gasoline and diesel.

SECTION 13.Penal Provisions. – Any person, who willfully aids or abets in the commission of a crime prohibited herein or who causes the commission of any such act by another shall be liable in the same manner as the principal.



RA 9367: Biofuels Act of 2006In the case of association, partnerships or corporations, the penalty

shall be imposed on the partner, president, chief operating officer, chief executive officer, directors or officers, responsible for the violation.

The commission of an act enumerated in Section 12, upon conviction thereof, shall suffer the penalty of one year to five years imprisonment and a fine ranging from a minimum of One million pesos (P 1,000,000.00) to Five million pesos (P 5,000,000.00).

In addition, the DOE shall confiscate any amount of such products that fail to comply with the requirements of Sections 4 & 5 of this Act, and implementing issuance of the DOE. The DOE shall determine the appropriate process and the manner of disposal and utilization of the confiscated products. The DOE is also empowered to stop and suspend the operation of businesses for refusal to comply with any order or instruction of the DOE Secretary in the exercise of his functions under this Act.

Further, the DOE is empowered to impose administrative fines and penalties for any violation of the provisions of this Act, implementing rules and regulations and other issuance relative to this Act.

SECTION 14.Appropriations. – Such sums as may be necessary for the initial implementation of this Act shall be taken from the current appropriations of the DOE. Thereafter, the fund necessary to carry out provisions of this Act shall be included in the annual General Appropriation Act.

SECTION 15.Implementing Rules and Regulations (IRR). – The DOE, in consultation with the NBB, the stakeholders and the other agencies concerned, shall within three months from affectivity of this Act, promulgated the IRR of this Act: Provided, That prior to its effectively, the



RA 9367: Biofuels Act of 2006draft of the IRR shall be posted at the DOE web site for at least one month, and shall be published in at least two newspapers of general circulation.

SECTION 16.Congressional Oversight Committee. – Upon affectivity of this act, a Congressional Committee, hereinafter referred to as the Biofuels Oversight Committee, is hereby constituted. The biofuels oversight committee shall be compose of (14) members, with the Chairmen of the Committees on Energy of both House of Congress as co-chairmen. The Chairmen of the Committee on Agriculture and Trade and Industry shall be ex officio members. An additional four members from each House, to be designated by the Senate President and Speaker of the House of Representatives, respectively. The minority shall be entitled to pro-rata representation but shall have at least one representative in the Biofuel Oversight Committee.

SECTION 17.Benefits of Biofuel Workers. – This Act shall not in any way result in the forfeiture or diminution of existing benefits enjoyed by the sugar workers as prescribed under the R.A. No. 6982, or the Sugar Amelioration Act of 1991. In case sugarcane shall be used as feedstock.

The NBB shall establish a mechanism similar to that provided under the Sugar Amelioration Act of 1991 for the benefit of other biofuel workers.

SECTION 18.Special Clause. – This act shall not be interpreted as prejudicial to clean development mechanism (CDM) projects that cause carbon dioxide (CO2) and greenhouse gasses (GHG) emission reductions by means of biofuel use.




SECTION 19.Repealing Clause. – The provision of Section 148 (d) of R.A. No. 8424, otherwise known as Tax Reform Act. of 1997, and all other laws, presidential decrees or issuance, executive orders, presidential proclamations. rules and regulations or part thereof inconsistent with the provisions of this Act, are hereby repealed, modified or amended accordingly.

SECTION 20.Separability Clause. – If any provision of this Act is declared unconstitutional in the same shall not affect the validity and effectivity of the other provision hereof.

SECTION 21.Effectivity. – This act shall effect fifteen (15) day after publication in at least two newspapers of general circulation.

BIOFUEL

What Is Biofuel?As defined by the Biofuels Act, biofuel refers to bioethanol and

biodiesel and other fuels made from biomass and primarily used for motive, thermal and power generation with quality specifications in accordance with the Philippine National Standards (PNS). Bioethanol shall refer to ethanol (C25OH) produced from feedstock and other biomass. Among the recognized benefits of bioethanol include but not limited to the following:



RA 9367: Biofuels Act of 20061. it improves combustion efficiency and reduces carbon monoxide and unburned hydrocarbon emissions which improves fuel economy;

2. it provides hydro-octane rating at low cost as an alternative to harmfulfuel additives;

3. it is biodegradable;

4. it reduces greenhouse as emissions because it burns more efficiently, thus, significantly reducing unburned carbons; and

5. it has high volumetric efficiency, thus, burning cooler than straight gasoline helping to keep the valves cool and contributing to the increase in power.

Biodiesel, on the other hand, shall refer to Fatty Acid Methyl Ester (FAME) or mono-alkyl esters derived from vegetable oils or animal fats and other biomass derived oils that shall be technically proven and approved by the Department of Energy (DOE) for use in diesel engines, with quality specifications in accordance with the Philippine National Standards (PNS).For power generation, we can only use biodiesel, and electricity will become cheaper with the use of biodiesel. As a matter of fact, National Power Corporation (NAPOCOR) is using 1% blend in diesel leading to fuel savings from 2% to 8.6%.Biofuel is of two kinds: bioethanol and biodiesel.

Biomass shall refer to any organic matter, particularly cellulosic or lingocellulosic matter, which is available on a renewable or recurring basis, including trees, crops and associated residues, plant fiber, poultry litter and other animal wastes, industrial wastes, and the biodegradable component of solid waste. There are three main types of biomass raw materials:




1. sugar-bearing materials such as sugar cane, molasses, wheat, sorghum, etcetera, which contain carbohydrates in sugar form.

2. Starches such as cassava, corn, bagasse, metacarp, potatoes, et cetera, which contain carbohydrates in starch form.

3. Celluloses such as wood, agricultural residues, et cetera, in which have a more complex carbohydrate molecular form.

Potential Sources of Biofuel – Here and Abroad

In the Philippines, according to the joint study conducted by De La Salle University and the United States Agency for International Development, entitled “Techno Economic Assessment of Ethanol as an Alternative Transportation Fuel,” sugarcane, corn and cassava as feedstock for ethanol production, sugarcane and corn have the most potential for oil displacement based on feedstock availability and energy balance protection. Given the existing volume of production and considering its capability to produce its own source of energy, bagasse could sustain the energy requirements of the ethanol process. Nevertheless, researchers have found excitement about the potential of sweet sorghum, a drought tolerant crop widely grown for livestock feed component in the Philippines. Sweet varieties of sorghum store large quantities of energy in their stalks while also producing grain yields. The juice squeezed out from sweet sorghum stalks is said to contain 15-20% sugar that can be fermented into ethanol. Using sorghum instead of sugarcane molasses has been found cheaper as reported by the International Crops Research Institute for the Semi- Arid Tropics (ICRISAT). While



RA 9367: Biofuels Act of 2006sugarcane can be harvested after ten months, sweet sorghum can be harvested twice within that period; from the seed cropandratoon.

However, let it not be a surprise to note that like corn, sugar cane, palm oil, soya and various kinds of grasses, algae has long been considered a candidate crop for furnishing vegetable oils which can be used as a replacement for diesel, reducing greenhouse gas emissions. In Iceland, for example, ethanol and hydrogen are seen as the two most viable candidates to replace carbonbased fuels in the future. Scientists can already create these fuels with the help of bacteria but have been looking for bacteria which are capable of enduring higher temperatures, as this makes the process more efficient. Since heat-loving bacteria abound in the hot springs of said country, it was a natural choice for a bio-prospecting mission.

Right now, the most promising biofuels sources of specialty chemicals are biodiesel plants, which convert soybean and rapeseed oils, or animal fats such as tallow, into transportation fuels. These facilities also produce glycerin as a byproduct, and this glycerin is piling up in quantities far beyond the ability of the chemical industry to absorb it. (Some of it is now being burned for fuel.) The chemical industry has already begun to tap some of this biodiesel glycerin, especially for the manufacture of propylene glycol, a low-toxicity antifreeze and starting point for many resins, lubricants, paints, cosmetics and detergents.

Another biodiesel glycerin derivative is epichlorohydrin, a monomer for epoxy plastics. But for biodiesel glycerin to replace petroleum as a source of specialty chemicals, manufacturers will have to overcome some initial skepticism about how fast the biodiesel industry is likely to expand, and the security of supply of raw glycerin. Another fertile source of specialty



RA 9367: Biofuels Act of 2006chemicals could turn out to be biofuels processes that convert cellulosic wastes (such as wood chips, corn stover, and sugarcane bagasse) into ethanol. Unlike bioconversion of corn starch to ethanol, cellulose-to-ethanol is in its infancy. For now, however, starchto- ethanol is still dominant on the biofuels scene. This increasing diversion of starch for fermentation ethanol production has actually constrained supply and raised prices of at least one competing chemical that is also made by fermentation of starch: citric acid.

Research has shown that nearly 20 to 25% of oil extracted from Jatropha can be mixed with diesel. Moreover, experiments have demonstrated positive results from combining Jatropha with diesel. That is why the national government has recognized the potential of Jatrophacurcas as biodiesel feedstock in the production of Jatropha Methyl Ester (JME).

In the Philippines, coconut at present is the preferred feedstock used for biodiesel although there are efforts to develop other potential feedstock, such as jatropha oil.

Policy of the Law

Section 2 of R.A. 9367 encapsulates the State’s policy towards the utilization of biofuels. It provides: “It is hereby declared a policy of the State to reduce dependence on imported fuels with due regard to the protection of public health, the environment, and natural ecosystems consistent with the country’s sustainable economic growth that would expand opportunities for livelihood by mandating the use of biofuels as a measure to:

(a) develop and utilize indigenous renewable and sustain ably-sourced clean energy sources to reduce dependence on imported oil;



RA 9367: Biofuels Act of 2006(b) mitigate toxic and greenhouse gas (GHG) emissions;

(c) increase rural employment and income; and

(d) ensure the availability of alternative and renewable clean energy without any detriment to the natural ecosystem; biodiversity and food reserves of the country.

The phrase “consistent with the country’s sustainable economic growth” means that the State shall pursue a policy of energy independence provided it does not affect public health and environment.Thus, the goals of the law are threefold: first, to achieve self-sufficiency; second, to protect our environment; and third, to improve agriculture as a consequence.

Mandate of the Law

Within six months from the effectivity of the Biofuels Act, or on May, 2007, the Department of Energy (DOE), according to duly accepted international standards, shall gradually phase out the use of harmful gasoline additives such as, but not limited to Methyl Tertiary Butyl Ether (MTBE).Pursuant to the above policy, it is hereby mandated that all liquid fuels for motors and engines sold in the Philippines shall contain locally-sourced biofuels components as follows:

(a) Within two years from the effectivity of this Act, at least five percent (5%) bioethanol shall comprise the annual total volume of gasoline fuel actually sold and distributed by each and every oil company in the country, subject to the requirement that all bioethanol blended gasoline shall contain a



RA 9367: Biofuels Act of 2006minimum of five percent (5%) bioethanol fuel by volume: Provided, that the ethanol blend conforms to PNS;

(c) Within three months from the affectivity of this Act, a minimum of one percent (1%) biodiesel by volume shall be blended into all diesel engine fuels sold in the country: Provided that the biodiesel blend conforms to PNS for biodiesel.

The basis for the 5% minimum blend is that this is within the maximum standard set by the Worldwide Fuel Charter. The maximum for bioethanol is 10% blend. For biodiesel, it is 2% blend. A 10% ethanol blend to gasoline will require 500 million liters ethanol, 7,143 million tons sugarcane and 120,000 hectares planted to sugarcane. If this ethanol is not domestically produced, necessarily to fulfill the requirements under the bill, it could result to importation. In the event of supply shortage of locally produced bioethanol during the four-year period, oil companies shall be allowed to import bioethanol but only to the extent of the shortage as may be determined by the National Biofuel Board. The Biofuels Act gives the said Board enough elbowroom to utilize a cheaper source of fuel should that eventually arise.

THE GOOD SIDE OF IT

The Biofuels Act is a landmark legislation designed to liberate the country’s transport sector from full dependence on imported fuel. The projected decline of the country’s dependence on imported fuel will likely cut down the soaring prices of gasoline and diesel. The establishment of bioethanol and biodiesel plants will generate jobs, as well. It is predicted that the construction of each plant will create about 1,000 jobs. Farmers will also find a better payingmarket for their sugarcane and coconut products.




Incentives for Biofuel Producing Firms

To encourage investments in the production, distribution and use of locally produced biofuels at and above the minimum mandated blends, and without prejudice to enjoying applicable incentives and benefits under existing laws, rules and regulations, additional incentives are given to biofuel-producing firms.

First is the entitlement to a zero-rate of specific tax on imported or local biofuels component. The gasoline and diesel fuel component, however, remain subject to the prevailing specific tax rates. Second, the sale of raw materials used in the production of biofuels is exempt from the value-added tax. Third, all water effluents used as liquid fertilizer and for other agricultural purposes are considered “reuse” and are therefore, exempt from wastewater charges.Fourth, government financial institutions, such as the Development Bank of the Philippines, Land Bank of the Philippines, Quedancor and other government institutions providing financial services shall accord high priority to extend financing to Filipino citizens or entities, at least sixty percent (60%) of the capital stock of which belongs to citizens of the Philippines that shall engage in activities involving production, storage, handling and transport of biofuel and biofuel feedstock, including the blending of biofuels with petroleum, as certified by the DOE.

Furthermore, the biodiesel industry would be a part of the investment priority plan entitling it to receive income tax holidays. Despite the fact that 83% of all incentives granted by the Board of Investments (BOI) are redundant, said industry still has to be incentivized because, otherwise, in view of the volume of the capital requirements, the country would not be



RA 9367: Biofuels Act of 2006able to provide a steady supply of the fuel blends. Incentives are offered in the hope that private entrepreneurs will use their own lands.On plant investments, there is no tax exemption because the importer of the capital equipment and machinery, being also the producer of biofuel, is VAT zero-rated on the sale of its biofuel production, and otherwise, it will result in redundancy of incentives. Hence, it could claim a credit for all its inputs to production, including the VAT on his imported capital, equipment and machinery. The excise tax is only on the ethanol. It is not on the blended gasoline.

As to whether or not entities engaged in biofuel production for the export market should also be granted incentives, Senator Miriam Defensor Santiago, one of the principal sponsors of the law, maintained that under the existing Investment Priority Plan, an entity engaged in biofuel production, being a preferred activity, enjoys the same fiscal and non-fiscal incentives whether it produces for the local or export market. She asserted that it is unlikely that BOI incentives would create fierce competition between local consumption and the export market because if the policy is to assure supply for the local market, this could be achieved by requiring entities to satisfy local demand before providing for the export market and the BOI, on its own, could administratively impose additional conditions.

However, no such provision can be found on the Act itself as well as in the Implementing Rules and Regulations of R.A. 9367, only that the appropriate government agencies were directed to issue the necessary guidelines for the availment of the incentives stated in Section 6 of the law.

Being Environment-Friendly



RA 9367: Biofuels Act of 2006Article II, Section 16 of the 1987 Constitution of the Philippines states

that: “The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.” Nature means the created world in its entirety. Such rhythm and harmony indispensably include, inter alia, the judicious disposition, utilization, management, renewal and conservation of the country’s forest, mineral, land, waters, fisheries, wildlife, off-shore areas and other natural resources to the end that their exploration, development and utilization be equitably accessible to the present as well as future generations.While the right to a balanced and healthful ecology is incorporated under the Declaration of Principles and State Policies and not under the Bill of Rights, it does not follow that it is less important than any of the civil and political rights enumerated in the latter.

It is in this light that Congress seeks to provide the Filipino people an alternative to fossil fuel which will tone down, if not totally eradicate, destruction to the environment but at the same time will not compromise the population’s health.

The harmful pollutants emitted by vehicles using conventional fuels adversely affect the environment. The concern over the rapid depletion of the ozone layer since the early part of the 19th century continues notwithstanding the fact that the ozone layer has long been engulfed by the countless impurities caused by humans. By adopting the law and given the upper limit regarding the mixtures either for gasoline or diesel, toxic and greenhouse effect that is currently burdening our people will be mitigated. The test conducted by the DENR Environmental Management Bureau showed that the reduction of opacity emission rating ranges from 14% to 59% with older engines getting the more dramatic reduction in black smoke. It is



RA 9367: Biofuels Act of 2006guaranteed that the said reduction will greatly slow down the constant exhaustion of nature.

Promotion of Public Health

Today, the Philippines spends for health care an estimated US$400 million dollars a year because of pollution from using petroleum either as gasoline or as diesel fuel. The transport sector is cited as a significant contributor to health pollution. Scientists think that there is no point to search for alternative fuels if the present level of pollution from the transport sector will continue. So, it is important to develop those alternative sources of energy which will not further degrade our environment or which are considered clean fuels. Congress believes that the adoption of biofuel will protect and promote the right to health of the people and instill health consciousness among them, as what Article II, Section 15 of the 1987 Constitution mandates.

Where are we now?

• Petron Philippines– Petron opened the 1st Fuel additives blending plant in Asia-Pacific

in 2008 (Subic)– E10 Premium Gasoline (Petron bought the first locally produced

fuel grade ethanol in Leyte)• Shell Philippines

– complies with 2% Biodiesel Blend Mandate– E10 Premium Gasoline

• SEAOIL Philippines– E10 Gasoline (90% gasoline and 10% ethanol)– Biodiesel (BioXceed diesel)



RA 9513: Renewable Energy Act of 2008


Renewable energy is energy that comes from natural resources such as sunlight, wind, rain, tides, waves and geothermal heat, which are renewable because they are naturally replenished at a constant rate.




REASON FOR THE LAW/HISTORY1. It provides the framework for the accelerated development and

advancement of the country’ vast renewable energy resources such as but not limited to biomass, solar, wind, hydro, geothermal and ocean energy sources.

2. Accelerate the development of the country’s renewable energy resources by providing fiscal and non-fiscal incentives to private sector investors and equipment manufacturers / suppliers.

3. It will use the renewable energy sources as tools in preventing or reduction and eventually eliminate harmful effects of technology to environment.

PARTICIPANTS IN IMPLEMENTING THE RENEWABLE ENERGY ACT.

A. THE PHILIPPINE GOVERNMENT

B. THE PRIVATE SECTORS (distribution utilities/Renewable Developers)

DUTIES OF THE GOVERNMENT AGENCIES.

1. Under Section 6, NREB shall determine which sector shall have Renewable Portfolio Standard.

2. Under Section 7, the ERC in coordination with NREB shall formulate Feed-in-Tariff System Rules that will provide energy coming from solar, ocean, run-of river, hydropower and biomass.

3. Under Section 9, DOE shall establish Green Energy Option Program which provides end-users the option to use renewable energy resources as their source of energy.

4. The ERC, in consultation with NREB shall establish NET METERING interconnection standards. The distribution utilities will in turn, shall enter net metering agreements for the installation of Renewable Energy System to end users.




INCENTIVES PROVIDED BY RENEWABLE ENERGY ACT

A. TO THE RE DEVELOPERS(DISTRIBUTION UTILITIES)

B. TO THE END-USERS (HOUSEHOLD CONSUMERS)

C. TO THE GOVERNMENT

D. EVERYBODY

PROBLEMS BEING ANTICIPATED BY OTHERS

1. It is not easy to set up a plant as the initial costs are quite steep.

2. Solar energy can be used during the day time and not during night or rainy season.

3. Geothermal energy which can be used to generate electricity has side effects too. It can bring toxic chemicals beneath the earth surface onto the top and can create environmental changes.

4. Hydroelectric provide pure form of energy but building dams across the river which is quite expensive can affect natural flow and affect wildlife.

5. To use wind energy, you have to rely on strong winds therefore you have to choose suitable site to operate them. Also, they can affect bird population as they are quite high.




Republic of the Philippines

Congress of the Philippines

Metro Manila

Fourteenth Congress

Second Regular Session

Begun and held in Metro Manila, on Monday, the twenty-eight day of July, two thousand eight.

Republic Act No. 9513 December 16, 2008

AN ACT PROMOTING THE DEVELOPMENT, UTILIZATION AND COMMERCIALIZATION OF RENEWABLE ENERGY RESOURCES AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::

CHAPTER I

TITLE AND DECLARATION OF POLICIES

Section 1. Short Title. - This Act shall be known as the "Renewable Energy Act of 2008". It shall hereinafter be referred to as the "Act".

Section 2. Declaration of Policies. - It is hereby declared the policy of the State to:

(a) Accelerate the exploration and development of renewable energy resources such as, but not limited to, biomass, solar, wind, hydro, geothermal and ocean




energy sources, including hybrid systems, to achieve energy self-reliance, through the adoption of sustainable energy development strategies to reduce the country's dependence on fossil fuels and thereby minimize the country's exposure to price fluctuations in the international markets, the effects of which spiral down to almost all sectors of the economy;

(b) Increase the utilization of renewable energy by institutionalizing the development of national and local capabilities in the use of renewable energy systems, and promoting its efficient and cost-effective commercial application by providing fiscal and nonfiscal incentives;

(c) Encourage the development and utilization of renewable energy resources as tools to effectively prevent or reduce harmful emissions and thereby balance the goals of economic growth and development with the protection of health and the environment; and

(d) Establish the necessary infrastructure and mechanism to carry out the mandates specified in this Act and other existing laws.

Section 3. Scope. - This Act shall establish the framework for the accelerated development and advancement of renewable energy resources, and the development of a strategic program to increase its utilization.

Section 4. Definition of Terms. - As used in this Act, the following terms are herein defined:

(a) "Biomass energy systems" refer to energy systems which use biomass resources to produce heat, steam, mechanical power or electricity through either thermochemical, biochemical or physico-chemical processes, or through such other technologies which shall comply with prescribed environmental standards pursuant to this Act;




b) "Biomass resources" refer to non-fossilized, biodegradable organic material originating from naturally occurring or cultured plants, animals and micro-organisms, including agricultural products, by-products and residues such as, but not limited to, biofuels except corn, soya beans and rice but including sugarcane and coconut, rice hulls, rice straws, coconut husks and shells, corn cobs, corn stovers, bagasse, biodegradable organic fractions of industrial and municipal wastes that can be used in bioconversion process and other processes, as well as gases and liquids recovered from the decomposition and/or extraction of non-fossilized and biodegradable organic materials;

(c) "Board of Investments" (BOI) refers to an attached agency of the Department of Trade and Industry created under Republic Act No. 5186, as amended;

(d) "Co-generation systems" refer to facilities which produce electrical and/or mechanical energy and forms of useful thermal energy such as heat or steam which are used for industrial, commercial heating or cooling purposes through the sequential use of energy;

(e) "Department of Energy" (DOE) refers to the government agency created pursuant to Republic Act No. 7638 whose functions are expanded in Republic Act No. 9136 and further expanded in this Act;

(f) "Department of Environment and Natural Resources" (DENR) refers to the government agency created pursuant to Executive Order No. 192;

(g) "Department of Finance" (DOF) refers to the government agency created pursuant to Executive Order No. 127, as amended;

(h) "Department of Science and Technology" (DOST) refers to the government agency created pursuant to Executive Order No. 128;




(i) "Department of Trade and Industry" (DTI) refers to the government agency created pursuant to Executive Order No. 133;

(j) "Distributed generation" refers to a system of small generation entities supplying directly to the distribution grid, any one of which shall not exceed one hundred kilowatts (100 kW) in capacity;

(k) "Distribution of Electricity" refers to the conveyance of electricity by a Distribution Utility through its distribution system pursuant to the provision of Republic Act No. 9136;

(l) "Distribution Utility" (DU) refers to any electric cooperative, private corporation, government-owned utility or existing local government unit which has an exclusive franchise to operate a distribution system in accordance with its franchise and Republic Act No. 9136;

(m) "Electric Power Industry Reform Act of 2001" or Republic Act No. 9136 refers to the law mandating the restructuring of the electric power sector and the privatization of the National Power Corporation;

(n) "Energy Regulatory Commission" (ERC) refers to the independent quasi-judicial regulatory agency created pursuant to Republic Act No. 9136;

(o) "Generation Company" refers to any person or entity authorized by the ERC to operate facilities used in the generation of electricity;

(p) "Generation Facility" refers to a facility for the production of electricity and/or thermal energy such as, but not limited to, steam, hot or cold water;

(q) "Geothermal energy" as used herein and in the context of this Act, shall be considered renewable and the provisions of this Act is therefore applicable thereto if




geothermal energy, as a mineral resource, is produced through: (1) natural recharge, where the water is replenished by rainfall and the heat is continuously produced inside the earth; and/or (2) enhanced recharge, where hot water used in the geothermal process is re-injected into the ground to produce more steam as well as to provide additional recharge to the convection system;

(r) "Geothermal Energy Systems" refer to machines or other equipment that converts geothermal energy into useful power;

(s) "Geothermal Resources" refer to mineral resources, classified as renewable energy resource, in the form of: (i) all products of geothermal processes, embracing indigenous steam, hot water, and hot brines; (ii) steam and other gases, hot water, and hot brines resulting from water, gas, or other fluids artificially introduced into geothermal formations; (iii) heat or associated energy found in geothermal formations; and (iv) any by-product derived from them;

(t) "Government Share" refers to the amount due the National Government and Local Government Units from the exploitation, development, and utilization of naturally-occurring renewable energy resources such as geothermal, wind, solar, ocean and hydro excluding biomass;

(u) "Green Energy Option" refers to the mechanism to empower end-users to choose renewable energy in meeting their energy requirements;

(v) "Grid" refers to the high voltage backbone system of interconnected transmission lines, substations, and related facilities, located in each of Luzon, Visayas, and Mindanao, or as may otherwise be determined by the ERC in accordance with Republic Act No. 9136;

(w) "Hybrid Systems" refer to any power or energy generation facility which makes use of two or more types of technologies utilizing both conventional and/or renewable fuel sources, such as, but not limited to, integrated solar/wind systems, biomass/fossil fuel systems, hydro/fossil fuel systems, integrated solar/biomass




systems, integrated wind/fossil fuel systems, with a minimum of ten (10) megawatts or ten percent (10%) of the annual energy output provided by the RE component;

(x) "Hydroelectric Power Systems" or "Hydropower Systems" refer to water-based energy systems which produce electricity by utilizing the kinetic energy of falling or running water to turn a turbine generator;

(y) "Hydroelectric Power Development" or "Hydropower Development" refers to the construction and installation of a hydroelectric power-generating plant and its auxiliary facilities, such as diversion structure, headrace, penstock, substation, transmission, and machine shop, among others;

(z) "Hydroelectric Power Resources" or "Hydropower Resources" refer to water resources found technically feasible for development of hydropower projects which include rivers, lakes, waterfalls, irrigation canals, springs, ponds, and other water bodies;

(aa) "Local government share" refers to the amount due the LGUs from the exploitation, development and utilization of naturally-occurring renewable energy resources;

(bb) "Micro-scale Project" refers to an RE project with capacity not exceeding one hundred (100) kilowatts;

(cc) "Missionary Electrification" refers to the provision of basic electricity service in unviable areas with the aim of bringing the operations in these areas to viability levels;

(dd) "National government share" refers to the amount due the national government from the exploitation, development and utilization of naturally-occurring renewable energy resources;




(ee) "National Power Corporation" (NPC) refers to the government corporation created under Republic Act No. 6395, as amended by Republic Act No. 9136;

(ff) "National Transmission Corporation" (TRANSCO) refers to the corporation created pursuant to Republic Act No. 9136 responsible for the planning, construction, and centralized operation and maintenance of high voltage transmission facilities, including grid interconnection and ancillary services;

(gg) "Net Metering" refers to a system, appropriate for distributed generation, in which a distribution grid user has a two-way connection to the grid and is only charged for his net electricity consumption and is credited for any overall contribution to the electricity grid;

(hh) "Non-power applications" refer to renewable energy systems or facilities that produce mechanical energy, combustible products such as methane gas, or forms of useful thermal energy such as heat or steam, that are not used for electricity generation, but for applications such as, but not limited to, industrial/commercial cooling, and fuel for cooking and transport;

(ii) "Ocean Energy Systems" refer to energy systems which convert ocean or tidal current, ocean thermal gradient or wave energy into electrical or mechanical energy;

(jj) "Off-Grid Systems" refer to electrical systems not connected to the wires and related facilities of the On-Grid Systems of the Philippines;

(kk) "On-Grid System" refers to electrical systems composed of interconnected transmission lines, distribution lines, substations, and related facilities for the purpose of conveyance of bulk power on the grid of the Philippines;




(ll) "Philippine Electricity Market Corporation" (PEMC) refers to the Corporation incorporated upon the initiative of the DOE composed of all Wholesale Electricity Spot Market (WESM) Members and whose Board of Directors will be the PEM Board;

(mm) "Philippine National Oil Company" (PNOC) refers to the government agency created pursuant to Presidential Decree No. 334, as amended;

(nn) "Power applications" refer to renewable energy systems or facilities that produce electricity;

(oo) "Registered RE Developer" refers to a RE Developer duly registered with the DOE;

(pp) "Renewable Energy (Systems) Developers" or "RE Developers" refer to individual/s or a group of individuals formed in accordance with existing Philippine Laws engaged in the exploration, development and utilization of RE resources and actual operation of RE systems/facilities;

(qq) "Renewable Energy Market" (REM) refers to the market where the trading of the RE certificates equivalent to an amount of power generated from RE resources is made;

(rr) "Renewable Energy Policy Framework" (REPF) refers to the long-term policy developed by the DOE which identifies among others, the goals and targets for the development and utilization of renewable energy in the country;

(ss) "Renewable Portfolio Standards" refer to a market-based policy that requires electricity suppliers to source an agreed portion of their energy supply from eligible RE resources;




(tt) "Renewable Energy Service (Operating) Contract (RE Contract) " refers to the service agreement between the Government, through the DOE, and RE Developer over a period in which the RE Developer has the exclusive right to a particular RE area for exploration and development. The RE Contract shall be divided into two (2) stages: the pre-development stage and the development/commercial stage. The preliminary assessment and feasibility study up to financial closing shall refer to the pre-development stage. The construction and installation of facilities up to operation phase shall refer to the development stage;

(uu) "Renewable Energy Resources" (RE Resources) refer to energy resources that do not have an upper limit on the total quantity to be used. Such resources are renewable on a regular basis, and whose renewal rate is relatively rapid to consider availability over an indefinite period of time. These include, among others, biomass, solar, wind, geothermal, ocean energy, and hydropower conforming with internationally accepted norms and standards on dams, and other emerging renewable energy technologies;

(vv) "Renewable Energy Systems" (RE Systems) refer to energy systems which convert RE resources into useful energy forms, like electrical, mechanical, etc.;

(ww) "Rural Electrification" refers to the delivery of basic electricity services, consisting of power generation, sub-transmission, and/or extension of associated power delivery system that would bring about important social and economic benefits to the countryside;

(xx) "Solar Energy" refers to the energy derived from solar radiation that can be converted into useful thermal or electrical energy;

(yy) "Solar Energy Systems" refer to energy systems which convert solar energy into thermal or electrical energy;




(zz) "Small Power Utilities Group" (SPUG) refers to the functional unit of the NPC mandated under Republic Act No. 9136 to pursue missionary electrification function;

(aaa) "Supplier" refers to any person or entity authorized by the ERC to sell, broker, market or aggregate electricity to the end-users;

(bbb) "Transmission of Electricity" refers to the conveyance of electric power through transmission lines as defined under Republic Act No. 9136 by TRANSCO or its buyer/concessionaire in accordance with its franchise and Republic Act No. 9136;

(ccc) "Wind Energy" refers to the energy that can be derived from wind that is converted into useful electrical or mechanical energy;

(ddd) "Wind Energy Systems" refer to the machines or other related equipment that convert wind energy into useful electrical or mechanical energy;

(eee) "Wholesale Electricity Spot Market" (WESM) refers to the wholesale electricity spot market created pursuant to Republic Act No. 9136;

CHAPTER II

Organization

Section 5. Lead Agency. - The DOE shall be the lead agency mandated to implement the provisions of this Act.

CHAPTER III




ON-GRID RENEWABLE ENERGY DEVELOPMENT

Section 6. Renewable Portfolio Standard (RPS). - All stakeholders in the electric power industry shall contribute to the growth of the renewable energy industry of the country. Towards this end, the National Renewable Energy Board (NREB), created under Section 27 of this Act, shall set the minimum percentage of generation from eligible renewable energy resources and determine to which sector RPS shall be imposed on a per grid basis within one (1) year from the effectivity of this Act.

Section 7. Feed-In Tariff System. - To accelerate the development of emerging renewable energy resources, a feed-in tariff system for electricity produced from wind, solar, ocean, run-of-river hydropower and biomass is hereby mandated. Towards this end, the ERC in consultation with the National Renewable Energy Board (NREB) created under Section 27 of this Act shall formulate and promulgate feed-in tariff system rules within one (1) year upon the effectivity of this Act which shall include, but not limited to the following:

(a) Priority connections to the grid for electricity generated from emerging renewable energy resources such as wind, solar, ocean, run-of-river hydropower and biomass power plants within the territory of the Philippines;

(b) The priority purchase and transmission of, and payment for, such electricity by the grid system operators;

(c) Determine the fixed tariff to be paid to electricity produced from each type of emerging renewable energy and the mandated number of years for the application of these rates, which shall not be less than twelve (12) years;

(d) The feed-in tariff to be set shall be applied to the emerging renewable energy to be used in compliance with the renewable portfolio standard as provided for in this Act and in accordance with the RPS rules that will be established by the DOE.




Section 8. Renewable Energy Market (REM). - To facilitate compliance with Section 6 of this Act, the DOE shall establish the REM and shall direct PEMC to implement changes to the WESM Rules in order to incorporate the rules specific to the operation of the REM under the WESM.

The PEMC shall, under the supervision of the DOE, establish a Renewable Energy Registrar within one (1) year from the effectivity of this Act and shall issue, keep and verify RE Certificates corresponding to energy generated from eligible RE facilities. Such certificates will be used for compliance with the RPS. For this purpose, a transaction fee, equal to half of what PEMC currently charges regular WESM players, may be imposed by PEMC.

Section 9. Green Energy Option. - The DOE shall establish a Green Energy Option program which provides end-users the option to choose RE resources as their sources of energy. In consultation with the NREB, the DOE shall promulgate the appropriate implementing rules and regulations which are necessary, incidental or convenient to achieve the objectives set forth herein.

Upon the determination of the DOE of its technical viability and consistent with the requirements of the green energy option program, end users may directly contract from RE facilities their energy requirements distributed through their respective distribution utilities.

Consistent herewith, TRANSCO or its successors-in-interest, DUs, PEMC and all relevant parties are hereby mandated to provide the mechanisms for the physical connection and commercial arrangements necessary to ensure the success of the Green Energy Option. The end-user who will enroll under the energy option program should be informed by way of its monthly electric bill, how much of its monthly energy consumption and generation charge is provided by RE facilities.

Section 10. Net-metering for Renewable Energy. - Subject to technical considerations and without discrimination and upon request by distribution end-users, the distribution utilities shall enter into net-metering agreements with qualified end-users who will be installing RE system.




The ERC, in consultation with the NREB and the electric power industry participants, shall establish net metering interconnection standards and pricing methodology and other commercial arrangements necessary to ensure success of the net-metering for renewable energy program within one (1) year upon the effectivity of this Act.

The distribution utility shall be entitled to any Renewable Energy Certificate resulting from net-metering arrangement with the qualified end-user who is using an RE resource to provide energy and the distribution utility shall be able to use this RE certificate in compliance with its obligations under RPS.

The DOE, ERC, TRANSCO or its successors-in-interest, DUs, PEMC and all relevant parties are hereby mandated to provide the mechanisms for the physical connection and commercial arrangements necessary to ensure the success of the Net-metering for Renewable Energy program, consistent with the Grid and Distribution Codes.

Section 11. Transmission and Distribution System Development. - TRANSCO or its successors-in-interest or its buyer/concessionaire and all DUs, shall include the required connection facilities for RE-based power facilities in the Transmission and Distribution Development Plans: Provided, That such facilities are approved by the DOE. The connection facilities of RE power plants, including the extension of transmission and distribution lines, shall be subject only to ancillary services covering such connections.

CHAPTER IV

OFF-GRID RENEWABLE ENERGY DEVELOPMENT

Section 12. Off-Grid Areas. - Within one (1) year from the effectivity of this Act, NPC-SPUG or its successors-in-interest and/or qualified third parties in off-grid areas




shall, in the performance of its mandate to provide missionary electrification, source a minimum percentage of its total annual generation upon recommendation of the NREB from available RE resources in the area concerned, as may be determined by the DOE.

As used in this Act, successors-in-interest refer to entities deemed technically and financially capable to serve/take over existing NPC-SPUG areas.

Eligible RE generation in off-grid and missionary areas shall be eligible for the provision of RE Certificates defined in Section 8 of this Act. In the event there are no viable RE resources in the off-grid and missionary areas, the relevant electricity supplier in the off-grid and missionary areas shall still be obligated under Section 6 of this Act.

CHAPTER V

GOVERNMENT SHARE

Section 13. Government Share. - The government share on existing and new RE development projects shall be equal to one percent (1%) of the gross income of RE resource developers resulting from the sale of renewable energy produced and such other income incidental to and arising from the renewable energy generation, transmission, and sale of electric power except for indigenous geothermal energy, which shall be at one and a half percent (1.5%) of gross income.

To further promote the development of RE projects, the government hereby waives its share from the proceeds of micro-scale projects for communal purposes and non-commercial operations, which are not greater than one hundred (100) kilowatts.




CHAPTER VI

ENVIRONMENTAL COMPLIANCE

Section 14. Compliance with Environmental Regulations. - All RE explorations, development, utilization, and RE systems operations shall be conducted in accordance with existing environmental regulations as prescribed by the DENR and/or any other concerned government agency.

CHAPTER VII

GENERAL INCENTIVES

Section 15. Incentives for Renewable Energy Projects and Activities. - RE developers of renewable energy facilities, including hybrid systems, in proportion to and to the extent of the RE component, for both power and non-power applications, as duly certified by the DOE, in consultation with the BOI, shall be entitled to the following incentives:

(a) Income Tax Holiday (ITH) - For the first seven (7) years of its commercial operations, the duly registered RE developer shall be exempt from income taxes levied by the national government.

Additional investments in the project shall be entitled to additional income tax exemption on the income attributable to the investment: Provided, That the discovery and development of new RE resource shall be treated as a new investment and shall therefore be entitled to a fresh package of incentives: Provided, further, That the entitlement period for additional investments shall not be more than three (3) times the period of the initial availment of the ITH.




(b) Duty-free Importation of RE Machinery, Equipment and Materials - Within the first ten (10) years upon the issuance of a certification of an RE developer, the importation of machinery and equipment, and materials and parts thereof, including control and communication equipment, shall not be subject to tariff duties: Provided, however, That the said machinery, equipment, materials and parts are directly and actually needed and used exclusively in the RE facilities for transformation into energy and delivery of energy to the point of use and covered by shipping documents in the name of the duly registered operator to whom the shipment will be directly delivered by customs authorities: Provided, further, That endorsement of the DOE is obtained before the importation of such machinery, equipment, materials and parts are made.

Endorsement of the DOE must be secured before any sale, transfer or disposition of the imported capital equipment, machinery or spare parts is made: Provided, That if such sale, transfer or disposition is made within the ten (10)-year period from the date of importation, any of the following conditions must be present:

(i) If made to another RE developer enjoying tax and duty exemption on imported capital equipment;

(ii) If made to a non-RE developer, upon payment of any taxes and duties due on the net book value of the capital equipment to be sold;

(iii) Exportation of the used capital equipment, machinery, spare parts or source documents or those required for RE development; and

(iv) For reasons of proven technical obsolescence.

When the aforementioned sale, transfer or disposition is made under any of the conditions provided for in the foregoing paragraphs after ten (10) years from the date of importation, the sale, transfer or disposition shall no longer be subject to the payment of taxes and duties;




(c) Special Realty Tax Rates on Equipment and Machinery. - Any law to the contrary notwithstanding, realty and other taxes on civil works, equipment, machinery, and other improvements of a Registered RE Developer actually and exclusively used for RE facilities shall not exceed one and a half percent (1.5%) of their original cost less accumulated normal depreciation or net book value: Provided, That in case of an integrated resource development and generation facility as provided under Republic Act No. 9136, the real property tax shall only be imposed on the power plant;

(d) Net Operating Loss Carry-Over (NOLCO). - The NOLCO of the RE Developer during the first three (3) years from the start of commercial operation which had not been previously offset as deduction from gross income shall be carried over as a deduction from gross income for the next seven (7) consecutive taxable years immediately following the year of such loss: Provided, however, That operating loss resulting from the availment of incentives provided for in this Act shall not be entitled to NOLCO;

(e) Corporate Tax Rate. - After seven (7) years of income tax holiday, all RE Developers shall pay a corporate tax of ten percent (10%) on its net taxable income as defined in the National Internal Revenue Act of 1997, as amended by Republic Act No. 9337. Provided, That the RE Developer shall pass on the savings to the end-users in the form of lower power rates.

(f) Accelerated Depreciation. - If, and only if, an RE project fails to receive an ITH before full operation, it may apply for Accelerated Depreciation in its tax books and be taxed based on such: Provided, That if it applies for Accelerated Depreciation, the project or its expansions shall no longer be eligible for an ITH. Accelerated depreciation of plant, machinery, and equipment that are reasonably needed and actually used for the exploration, development and utilization of RE resources may be depreciated using a rate not exceeding twice the rate which would have been used had the annual allowance been computed in accordance with the rules and regulations prescribed by the Secretary of the Department of Finance and the provisions of the National Internal Revenue Code (NIRC) of 1997, as amended. Any of the following methods of accelerated depreciation may be adopted:

i) Declining balance method; and




ii) Sum-of-the years digit method

(g) Zero Percent Value-Added Tax Rate. - The sale of fuel or power generated from renewable sources of energy such as, but not limited to, biomass, solar, wind, hydropower, geothermal, ocean energy and other emerging energy sources using technologies such as fuel cells and hydrogen fuels, shall be subject to zero percent (0%) value-added tax (VAT), pursuant to the National Internal Revenue Code (NIRC) of 1997, as amended by Republic Act No. 9337.

All RE Developers shall be entitled to zero-rated value added tax on its purchases of local supply of goods, properties and services needed for the development, construction and installation of its plant facilities.

This provision shall also apply to the whole process of exploring and developing renewable energy sources up to its conversion into power, including but not limited to the services performed by subcontractors and/or contractors.

(h) Cash Incentive of Renewable Energy Developers for Missionary Electrification. - A renewable energy developer, established after the effectivity of this Act, shall be entitled to a cash generation-based incentive per kilowatt hour rate generated, equivalent to fifty percent (50%) of the universal charge for power needed to service missionary areas where it operates the same, to be chargeable against the universal charge for missionary electrification;

(i) Tax Exemption of Carbon Credits. - All proceeds from the sale of carbon emission credits shall be exempt from any and all taxes;

(j) Tax Credit on Domestic Capital Equipment and Services. - A tax credit equivalent to one hundred percent (100%) of the value of the value-added tax and custom duties that would have been paid on the RE machinery, equipment, materials and parts had these items been imported shall be given to an RE operating contract holder who purchases machinery, equipment, materials, and parts from a domestic




manufacturer for purposes set forth in this Act: Provided, That prior approval by the DOE was obtained by the local manufacturer: Provided, further, That the acquisition of such machinery, equipment, materials, and parts shall be made within the validity of the RE operating contract.

Section 16. Environmental Compliance Certificate (ECC). - Notwithstanding Section 17 (b) (3) (iii) of Republic Act No. 7160, it would be sufficient for the renewable energy developer to secure the Environmental Compliance Certificate (ECC) from the corresponding regional office of the DENR.

Section 17. Exemption from the Universal Charge. - Power and electricity generated through the RES for the generator's own consumption and/or for free distribution in the off-grid areas shall be exempted from the payment of the universal charge provided for under Section 34 of Republic Act No. 9136.

Section 18. Payment of Transmission Charges. - A registered renewable energy developer producing power and electricity from an intermittent RE resource may opt to pay the transmission and wheeling charges of TRANSCO or its successors-in-interest on a per kilowatt-hour basis at a cost equivalent to the average per kilowatt-hour rate of all other electricity transmitted through the grid.

Section 19. Hybrid and Cogeneration Systems. - The tax exemptions and/or incentives provided for in Section 15 of this Act shall be availed of by registered RE Developer of hybrid and cogeneration systems utilizing both RE sources and conventional energy: Provided, however, That the tax exemptions and incentives shall apply only to the equipment, machinery and/or devices utilizing RE resources.

Section 20. Intermittent RE Resources. - TRANSCO or its successors-in-interest, in consultation with stakeholders, shall determine the maximum penetration limit of the Intermittent RE-based power plants to the Grid, through technical and economic analysis. Qualified and registered RE generating units with intermittent RE resources shall be considered "must dispatch" based on available energy and shall enjoy the benefit of priority dispatch. All provisions under the WESM Rules, Distribution and Grid Codes which do not allow "must dispatch" status for intermittent RE resources shall be deemed amended or modified. The PEMC and




TRANSCO or its successors-in-interest shall implement technical mitigation and improvements in the system in order to ensure safety and reliability of electricity transmission.

As used in this Act, RE generating unit with intermittent RE resources refers to a RE generating unit or group of units connected to a common connection point whose RE energy resource is location-specific naturally difficult to precisely predict the availability of RE energy resource thereby making the energy generated variable, unpredictable and irregular and the availability of the resource inherently uncontrollable, which include plants utilizing wind, solar, run-of-river hydro or ocean energy.

Section 21. Incentives for RE Commercialization. - All manufacturers, fabricators and suppliers of locally-produced RE equipment and components duly recognized and accredited by the DOE, in consultation with DOST, DOF and DTI, shall, upon registration with the BOI, be entitled to the privileges set forth under this section.

Consistent with Article 7, Item (20) of EO No. 226, the registration with the BOI, as provided for in Section 15 and Section 21 of this Act, shall be carried out through an agreement and an administrative arrangement between the BOI and the DOE, with the end-view of facilitating the registration of qualified RE facilities based on the implementing rules and regulations that will be developed by DOE. It is further mandated that the applications for registration will be positively acted upon by BOI on the basis of the accreditation issued by DOE.

The Renewable Energy Sector is hereby declared a priority investment sector that will regularly form part of the country's Investment Priority Plan, unless declared otherwise by law. As such, all entities duly accredited by the DOE under this Act shall be entitled to all the incentives provided herein.

(a) Tax and Duty-free Importation of Components, Parts and Materials. - All shipments necessary for the manufacture and/or fabrication of RE equipment and components shall be exempted from importation tariff and duties and value added tax: Provided, however, That the said components, parts and materials are: (i) not manufactured domestically in reasonable quantity and quality at competitive prices;




(ii) directly and actually needed and shall be used exclusively in the manufacture/fabrication of RE equipment; and (iii) covered by shipping documents in the name of the duly registered manufacturer/fabricator to whom the shipment will be directly delivered by customs authorities: Provided, further, That prior approval of the DOE was obtained before the importation of such components, parts and materials;

(b) Tax Credit on Domestic Capital Components, Parts and Materials. - A tax credit equivalent to one hundred percent (100%) of the amount of the value-added tax and customs duties that would have been paid on the components, parts and materials had these items been imported shall be given to an RE equipment manufacturer, fabricator, and supplier duly recognized and accredited by the DOE who purchases RE components, parts and materials from a domestic manufacturer: Provided, That such components, and parts are directly needed and shall be used exclusively by the RE manufacturer, fabricator and supplier for the manufacture, fabrication and sale of the RE equipment: Provided, further, That prior approval by the DOE was obtained by the local manufacturer;

(c) Income Tax Holiday and Exemption. - For seven (7) years starting from the date of recognition/accreditation, an RE manufacturer, fabricator and supplier of RE equipment shall be fully exempt from income taxes levied by the National Government on net income derived only from the sale of RE equipment, machinery, parts and services; and

(d) Zero-rated value added tax transactions - All manufacturers, fabricators and suppliers of locally produced renewable energy equipment shall be subject to zero-rated value added tax on its transactions with local suppliers of goods, properties and services.

Section 22. Incentives for Farmers Engaged in the Plantation of Biomass Resources. - For a period of ten (10) years after the effectivity of this Act, all individuals and entities engaged in the plantation of crops and trees used as biomass resources such as but not limited to jatropha, coconut, and sugarcane, as certified by the Department of Energy, shall be entitled to duty-free importation and be exempted from Value-Added Tax (VAT) on all types of agricultural inputs, equipment and machinery such as, but not limited to, fertilizer, insecticide, pesticide, tractor,




trailers, trucks, farm implements and machinery, harvesters, threshers, hybrid seeds, genetic materials, sprayers, packaging machinery and materials, bulk handling facilities, such as conveyors and mini-loaders, weighing scales, harvesting equipment, and spare parts of all agricultural equipment.

Section 23. Tax Rebate for Purchase of RE Components. - To encourage the adoption of RE technologies, the DOF, in consultation with DOST, DOE, and DTI, shall provide rebates for all or part of the tax paid for the purchase of RE equipment for residential, industrial, or community use. The DOF shall also prescribe the appropriate period for granting the tax rebates.

Section 24. Period of Grant of Fiscal Incentives. - The fiscal incentives granted under Section 15 of this Act shall apply to all RE capacities upon the effectivity of this Act. The National Renewable Energy Board, in coordination with the Department of Energy, shall submit a yearly report on the implementation of this Act to the Philippine Congress, through the Joint Congressional Power Commission, every January of each year following the period in review, indicating among others, the progress of RE development in the country and the benefits and impact generated by the development and utilization of its renewable energy resources in the context of its energy security and climate change imperatives. This shall serve as basis for the Joint Congressional Power Commission review of the incentives as provided for in this Act towards ensuring the full development of the country's RE capacities under a rationalized market and incentives scheme.

Section 25. Registration of RE Developers and local manufacturers, fabricators and suppliers of locally-produced renewable energy equipment. - RE Developers and local manufacturers, fabricators and suppliers of locally-produced renewable energy equipment shall register with the Department of Energy, through the Renewable Energy Management Bureau. Upon registration, a certification shall be issued to each RE Developer and local manufacturer, fabricator and supplier of locally-produced renewable energy equipment to serve as the basis of their entitlement to incentives provided under Chapter VII of this Act.

Section 26. Certification from the Department of Energy. - All certifications required to qualify RE developers to avail of the incentives provided for under this Act shall be issued by the DOE through the Renewable Energy Management Bureau.




The Department of Energy, through the Renewable Energy Management Bureau shall issue said certification fifteen (15) days upon request of the renewable energy developer or manufacturer, fabricator or supplier.

Provided, That the certification issued by the Department of Energy shall be without prejudice to any further requirements that may be imposed by the concerned agencies of the government charged with the administration of the fiscal incentives abovementioned.

CHAPTER VIII

GENERAL PROVISIONS

Section 27. Creation of the National Renewable Energy Board (NREB). - The NREB is hereby created. It shall be composed of a Chairman and one (1) representative each from the following agencies: DOE, DTI, DOF, DENR, NPC, TRANSCO or its successors-in-interest, PNOC and PEMC who shall be designated by their respective secretaries on a permanent basis; and one (1) representative each from the following sectors: RE Developers, Government Financial Institutions (GFIs), private distribution utilities, electric cooperatives, electricity suppliers and non-governmental organizations, duly endorsed by their respective industry associations and all to be appointed by the President of the Republic of the Philippines.

The Chairman shall, within one (1) month from the effectivity of this Act, convene the NREB.

The NREB shall be assisted by a Technical Secretariat from the Renewable Energy Management Bureau of the DOE, created under Section 32 hereof, and shall directly report to the Office of the Secretary or the Undersecretary of the Department, as the case maybe, on matters pertaining to the activities of the NREB. The number of staff of the Technical Secretariat and the creation of corresponding positions necessary to complement and/or augment the existing plantilla of the REMB shall




be determined by the Board, subject to approval by the Department of Budget and Management (DBM) and to existing civil service rules and regulations.

The NREB shall have the following powers and functions:

(a) Evaluate and recommend to the DOE the mandated RPS and minimum RE generation capacities in off-grid areas, as it deems appropriate;

(b) Recommend specific actions to facilitate the implementation of the National Renewable Energy Program (NREP) to be executed by the DOE and other appropriate agencies of government and to ensure that there shall be no overlapping and redundant functions within the national government departments and agencies concerned;

(c) Monitor and review the implementation of the NREP, including compliance with the RPS and minimum RE generation capacities in off-grid areas;

(d) Oversee and monitor the utilization of the Renewable Energy Trust Fund created pursuant to Section 28 of this Act and administered by the DOE; and

(e) Perform such other functions, as may be necessary, to attain the objectives of this Act.

Section 28. Renewable Energy Trust Fund (RETF). - A Renewable Energy Trust Fund is hereby established to enhance the development and greater utilization of renewable energy. It shall be administered by the DOE as a special account in any of the GFIs. The RETF shall be exclusively used to:

(a) Finance the research, development, demonstration, and promotion of the widespread and productive use of RE systems for power and non-power applications, as well as to provide funding for R & D institutions engaged in




renewable energy studies undertaken jointly through public-private sector partnership, including provision for scholarship and fellowship for energy studies;

(b) Support the development and operation of new RE resources to improve their competitiveness in the market: Provided, That the grant thereof shall be done through a competitive and transparent manner;

(c) Conduct nationwide resource and market assessment studies for the power and non-power applications of renewable energy systems;

(d) Propagate RE knowledge by accrediting, tapping, training, and providing benefits to institutions, entities and organizations which can extend the promotion and dissemination of RE benefits to the national and local levels; and

(e) Fund such other activities necessary or incidental to the attainment of the objectives of this Act.

Use of the fund may be through grants, loans, equity investments, loan guarantees, insurance, counterpart fund or such other financial arrangements necessary for the attainment of the objectives of this Act: Provided, That the use or allocation thereof shall, as far as practicable, be done through a competitive and transparent manner.

The RETF shall be funded from:

(a) Proceeds from the emission fees collected from all generating facilities consistent with Republic Act No. 8749 or the Philippine Clean Air Act;

(b) One and 1/2 percent (1.5%) of the net annual income of the Philippine Charity Sweepstakes Office;




(c) One and 1/2 percent (1.5%) of the net annual income of the Philippine Amusement and Gaming Corporation;

(d) One and 1/2 percent (1.5%) of the net annual dividends remitted to the National Treasury of the Philippine National Oil Company and its subsidiaries;

(e) Contributions, grants and donations: Provided, That all contributions, grants and donations made to the RETF shall be tax deductible subject to the provisions of the National Internal Revenue Code. Towards this end, the BIR shall assist the DOE in formulating the Rules and Regulations to implement this provision;

(f) One and 1/2 percent (1.5%) of the proceeds of the Government share collected from the development and use of indigenous non-renewable energy resources;

(g) Any revenue generated from the utilization of the RETF; and

(h) Proceeds from the fines and penalties imposed under this Act.

Section 29. Financial Assistance Program. - Government financial institutions such as the Development Bank of the Philippines (DBP), Land Bank of the Philippines (LBP), Phil-Exim Bank and other government financial institutions shall, in accordance with and to the extent allowed by the enabling provisions of their respective charters or applicable laws, provide preferential financial packages for the development, utilization and commercialization of RE projects as duly recommended and endorsed by the DOE.

Section 30. Adoption of Waste-To-Energy Technologies. - The DOE shall, where practicable, encourage the adoption of waste-to-energy facilities such as, but not limited to, biogas systems. The DOE shall, in coordination with the DENR, ensure compliance with this provision.




As used in this Act, waste-to-energy technologies shall refer to systems which convert to biodegradable materials such as, but not limited to, animal manure or agricultural waste, into useful energy through processes such as anaerobic digestion, fermentation and gasification, among others, subject to the provisions and intent of Republic Act No. 8749 (Clean Air Act of 1999) and Republic Act No. 9003 (Ecological Solid Waste Management Act of 2000).

Section 31. Incentives for RE Host Communities/LGUs. - Eighty percent (80%) of the share from royalty and/or government share of RE host communities/LGUs from RE projects and activities shall be used directly to subsidize the electricity consumption of end users in the RE host communities/LGUs whose monthly consumption do not exceed one hundred (100) kwh. The subsidy may be in the form of rebates, refunds and/or any other forms as may be determined by DOE, DOF and ERC, in coordination with NREB.

The DOE, DOF and ERC, in coordination with the NREB and in consultation with the distribution utilities shall promulgate the mechanisms to implement this provision within six months from the effectivity of this Act.

Section 32. Creation of the Renewable Energy Management Bureau. - For the purpose of implementing the provisions of this Act, a Renewable Energy Management Bureau (REMB) under the DOE is hereby established, and the existing Renewable Energy Management Division of the Energy Utilization Management Bureau of the DOE, whose plantilla shall form the nucleus of REMB, is hereby dissolved. The organizational structure and staffing complement of the REMB shall be determined by the Secretary of the DOE, in consultation with the Department of Budget and Management, in accordance with existing civil service rules and regulations. The budgetary requirements necessary for the creation of the REMB shall be taken from the current appropriations of the DOE. Thereafter, the funding for the REMB shall be included in the annual General Appropriations Act.

The REMB shall have the following powers and functions:




(a) Implement policies, plans and programs related to the accelerated development, transformation, utilization and commercialization of renewable energy resources and technologies;

(b) Develop and maintain a centralized, comprehensive and unified data and information base on renewable energy resources to ensure the efficient evaluation, analysis, and dissemination of data and information on renewable energy resources, development, utilization, demand and technology application;

(c) Promote the commercialization/application of renewable energy resources including new and emerging technologies for efficient and economical transformation, conversion, processing, marketing and distribution to end users;

(d) Conduct technical research, socio-economic and environmental impact studies of renewable energy projects for the development of sustainable renewable energy systems;

(e) Supervise and monitor activities of government and private companies and entities on renewable energy resources development and utilization to ensure compliance with existing rules, regulations, guidelines and standards;

(f) Provide information, consultation and technical training and advisory services to developers, practitioners and entities involved in renewable energy technology and develop renewable energy technology development strategies; and

(g) Perform other functions that may be necessary for the effective implementation of this Act and the accelerated development and utilization of the renewable energy resources in the country.

CHAPTER IX

FINAL PROVISIONS




Section 33. Implementing Rules and Regulations (IRR). - Within six (6) months from the effectivity of this Act, the DOE shall, in consultation with the Senate and House Committees on Energy, relevant government agencies and RE stakeholders, promulgate the IRR of this Act.

Section 34. Congressional Oversight. - Upon the effectivity of this Act, the Joint Congressional Power Commission created under Section 62 of Republic Act No. 9136, otherwise known as the "Electric Power Industry Reform Act of 2001" shall exercise oversight powers over the implementation of this Act.

Section 35. Prohibited Acts. - The following acts shall be prohibited:

(a) Non-compliance or violation of the RPS rules;

(b) Willful refusal to undertake net metering arrangements with qualified distribution grid users;

(c) Falsification or tampering of public documents or official records to avail of the fiscal and non-fiscal incentives provided under this Act;

(d) Failure and willful refusal to issue the single certificate referred to in Section 26 of this Act; and

(e) Non-compliance with the established guidelines that DOE will adopt for the implementation of this Act.

Section 36. Penalty Clause. - Any person who willfully commits any of the prohibited acts enumerated under this Act, shall be imposed with the penalties provided herein. Any person, who willfully aids or abets the commission of a crime prohibited




herein or who causes the commission of any such act by another shall be liable in the same manner as the principal.

In the case of association, partnership or corporations, the penalty shall be imposed on the partner, president, chief operating officer, chief executive officer, directors or officers responsible for the violation.

The commission of any prohibited acts provided for under Section 35, upon conviction thereof, shall suffer the penalty of imprisonment of from one (1) year to five (5) years, or a fine ranging from a minimum of One Hundred Thousand Pesos (P100,000.00) to One Hundred Million Pesos (P100,000,000.00), or twice the amount of damages caused or costs avoided for non-compliance, whichever is higher, or both upon the discretion of the court.

The DOE is further empowered to impose administrative fines and penalties for any violation of the provisions of this Act, its IRR and other issuances relative to this Act.

This is without prejudice to the penalties provided for under existing environmental regulations prescribed by the DENR and/or any other concerned government agency.

Section 37. Appropriations. - Such sums as may be necessary for the initial implementation of this Act shall be taken from the current appropriations of the DOE. Thereafter, the fund necessary to carry out the provisions of this Act shall be included in the annual General Appropriations Act.

Section 38. Separability Clause. - If any provision of this Act is held invalid unconstitutional, the remainder of the Act or the provision not otherwise affected shall remain valid and subsisting.

Section 39. Repealing Clause. - Any law, presidential decree or issuance, executive order, letter of instruction, administrative rule or regulation contrary to or




inconsistent with the provisions of this Act is hereby repealed, modified or amended accordingly.

Consistent with the foregoing paragraph and Section 13 of this Act, Section 1 of Presidential Decree No. 1442 or the Geothermal Resources Exploration and Development Act, insofar as the exploration of geothermal resources by the government, and Section 10 (1) of Republic Act No. 7156 otherwise known as the "Mini-Hydro Electric Power Incentive Act", insofar as the special privilege tax rate of two percent (2%) are hereby repealed, modified or amended accordingly.

Section 40. Effectivity Clause. - This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation.

Approved

(Sgd.) PROSPERO C. NOGRALES

Speaker of the House of Representative

(Sgd.) MANNY VILLARPresident of the Senate

This Act which is a consolidation of Senate Bill No. 2046 and House Bill No. 41935 was finally passed by the Senate and the House of Representative on October 8, 2008.

(Sgd.) MARILYN B. BARUA-YAPSecretary General

House of Representative

(Sgd.) EMMA LIRIO-REYESSecretary of the Senate

Approved: DEC 16, 2008

(Sgd.) GLORIA MACAPAGAL-ARROYOPresident of the Philippines



RA 9729: Climate Change Act of 2009





Republic of the PhilippinesCongress of the Philippines

Metro ManilaFourteenth CongressThird Regular Session

Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand nine.

REPUBLIC ACT NO. 9729

AN ACT MAINSTREAMING CLIMATE CHANGE INTO GOVERNMENT POLICY FORMULATIONS, ESTABLISHING THE FRAMEWORK STRATEGY AND PROGRAM ON CLIMATE CHANGE, CREATING FOR THIS PURPOSE

THE CLIMATE CHANGE COMMISSION, AND FOR OTHER PURPOSES

PART I

GENERAL PROVISIONS

RULE I

Section 1.Title. – These rules shall be known and cited as the “Implementing Rules and Regulations (IRR) of the “Climate Change Act of 2009”.

Purpose.– The purpose of these Rules is to provide guidelines on the operationalization of the “Climate Change Act of 2009” and establish a mandate to protect the climate system in the pursuit of sustainable development to fulfill human needs while maintaining the quality of the natural environment for current and future generations.

Scope. – These Rules shall lay down the powers and functions of the Climate Change Commission and all other concerned agencies, the rights and obligations of stakeholders and the rights and duties of the people with respect to the Climate Change Program of the government.

Construction.–These Implementing Rules and Regulations shall be liberally construed to carry out the national policy of climate risk management by balancing development and environmental protection in light of the framework for sustainable development.

PART II

DECLARATION OF POLICY




Section 2.Declaration of Policy.– It is the policy of the State to afford full protection and the advancement of the right of the people to a healthful ecology in accord with the rhythm and harmony of nature. In this light, the State has adopted the Philippine Agenda 21 framework which espouses sustainable development, to fulfill human needs while maintaining the quality of the natural environment for current and future generations.

Towards this end, the State adopts the principle of protecting the climate system for the benefit of human kind, on the basis of climate justice or common but differentiated responsibilities and the Precautionary Principle to guide decision-making in climate risk management. As a party to the United Nations Framework Convention on Climate Change, the State adopts the ultimate objective of the Convention which is the stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system which should be achieved within a time frame sufficient to allow ecosystems to adapt naturally to climate change, to ensure that food production is not threatened and to enable economic development to proceed in a sustainable manner. As a party to the Hyogo Frame work for Action, the State likewise adopts the strategic goals in order to build national and local resilience to climate change-related disasters.

Recognizing the vulnerability of the Philippine archipelago and its local communities, particularly the poor, women, and children, to potential dangerous consequences of climate change such arising seas, changing landscapes, increasing frequency and/or severity of droughts, fires, flood, sand storms, climate-related illnesses and diseases, damage to ecosystems, biodiversity loss that affect the country’s environment, culture, and economy, the State shall cooperate with the global community in the resolution of climate change issues, including disaster risk reduction.

It shall be the policy of the State to enjoin the participation of national and local governments, businesses, nongovernment organizations, local communities and the public to prevent and reduce the adverse impacts of climate change and, at the same time, maximize the benefits of climate change. It shall also be the policy of the State to incorporate a gender-sensitive, pro-children and pro-poor perspective in all climate change and renewable energy efforts, plans and programs. In view thereof, the State shall strengthen, integrate, consolidate and institutionalize government initiatives to achieve coordination in the implementation of plans and programs to address climate change in the context of sustainable development.




Further recognizing that climate change and disaster risk reduction are closely interrelated and effective disaster risk reduction will enhance climate change adaptive capacity, the State shall integrate disaster risk reduction into climate change programs and initiatives.

Cognizant of the need to ensure that national and subnational government policies, plans, programs and projects are founded upon sound environmental considerations and the principle of sustainable development, it is hereby declared the policy of the State to systematically integrate the concept of climate change in various phases of policy formulation, development plans, poverty reduction strategies and other development tools and techniques by all agencies and instrumentalities of the government.

RULE III

DEFINITION OF TERMS

Section 3.Definition of Terms. – For purposes of implementing Republic Act No. 9729 (here in after referred to as the “Climate Act”), the following shall have the corresponding meanings:

(a) “Adaptation” refers to the adjustment in natural or human systems in response to actual or expected climatic stimuli or their effects, which moderates harm or exploits beneficial opportunities;(b) “Adaptive capacity” refers to the ability of ecological, social or economic systems to adjust to climate change including climate variability and extremes, to moderate or offset potential damages and to take advantage of associated opportunities with changes in climate or to cope with the consequences thereof;

(c) “Anthropogenic causes” refer to causes resulting from human activities or produced by human beings;

(d) “Climate Change” refers to a change in climate that can be identified by changes in the mean and/or variability of its properties and that persists for an extended period, typically decades or longer, whether due to natural variability or as a result of human activity;

(e) “Climate Variability” refers to the variations in the average state and in other statistics of the climate on all temporal and spatial scales beyond that of individual weather events;

(f) “Climate Risk” refers to the product of climate and related hazards working over the vulnerability of human and natural ecosystems;




(g) “Disaster” refers to a serious disruption of the functioning of a community or a society involving widespread human, material, economic or environmental losses and impacts which exceed the ability of the affected community or society to cope using its own resources;

(h) “Disaster risk reduction” refers to the concept and practice of reducing disaster risks through systematic efforts to analyze and manage the causal factors of disasters, including through reduced exposure to hazards, lessened vulnerability of people and property, wise management of land and the environment, and improved preparedness for adverse events;

(i) “Gender mainstreaming” refers to the strategy for making women’s as well as men’s concern sand experiences an integral dimension of the design, implementation, monitoring, and evaluation of policies and programs in all political, economic, and societal spheres so that women and men benefit equally and inequality is not perpetuated. It is the process of assessing the implications for women and men of any planned action, including legislation, policies, or programs in all areas and at all levels;

(j) “Global Warming” refers to the increase in the average temperature of the Earth’s near-surface air and oceans that is associated with the increased concentration of greenhouse gases in the atmosphere;

(k) “Greenhouse effect” refers to the process by which the absorption of infrared radiation by the atmosphere warms the Earth;

(l) “Greenhouse gases (GHG)” refers to constituents of the atmosphere that contribute to the greenhouse effect including, but not limited to, carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride;

(m) “Mainstreaming” refers to the integration of policies and measures that address climate change into development planning and sectoral decision-making;

(n) “Mitigation” in the context of climate change, refers to human intervention to address anthropogenic emissions by sources and removals by sinks of all GHG, including ozone-depleting substances and their substitutes;(o) “Mitigation potential” shall refer to the scale of GHG reductions that could be made, relative to emission baselines, for a given level of carbon price (expressed in cost per unit of carbon dioxide equivalent emissions avoided or reduced);

(p) “Sea level rise” refers to an increase in sea level which may be influenced by factors like global warming, through expansion of sea water as the oceans warm and melting of ice overland, and local factors such as land subsidence; and




(q) “Vulnerability” refers to the degree to which a system is susceptible to, or unable to cope with, the adverse effects of climate change, including climate variability and extremes. Vulnerability is a function of the character, magnitude, and rate of climate change and variation to which a system is exposed, its sensitivity, and its adaptive capacity.

PART II

THE CLIMATE CHANGE COMMISSION

RULE IV

CREATION, COMPOSITION AND QUALIFICATIONS OF COMMISIONERS

Section 4.Creation of the Climate Change Commission.– There is hereby established a ClimateChange Commission, hereinafter referred to as the Commission.The Commission shall be an independent and autonomous body and shall have the same statusas that of a national government agency. It shall be attached to the Office of the President.The Commission shall be the sole policy-making body of the government which shall be tasked tocoordinate, monitor and evaluate the programs and action plans of the government relating toclimate change pursuant to the provisions of the Act. Pursuant to Section 6 of the Climate Act, itmay call upon relevant government agencies to implement and pursue the various provisions ofthe Climate Act and the programs adopted by the Commission.The Commission shall be organized based on the organizational structure and frameworkapproved by the President upon the recommendation of the Executive Director and ViceChairperson of the Commission. The Department of Budget and Management (DBM) shall carryout the approved offices, items and positions for the Commission, including the national panel oftechnical experts to be hired by the Commission as provided for under Section 10 of the ClimateAct.

Section 5.Composition of the Commission.– The Commission shall be composed of the Presidentof the Republic of the Philippines who shall serve as the Chairperson, and three (3)Commissioners to be appointed by the President, one of whom shall serve as the ViceChairperson of the Commission.The Commission shall have an Advisory Board composed of the following:

(a) Secretary of the Department of Agriculture (DA);

(b) Secretary of the Department of Energy (DOE);

(c) Secretary of the Department of Environment and Natural Resources (DENR);

(d) Secretary of the Department of Education (DepEd);274




(e) Secretary of the Department of Foreign Affairs (DFA);

(f) Secretary of the Department of Health (DOH);

(g) Secretary of the Department of the Interior and Local Government (DILG);

(h) Secretary of the Department of National Defense (DND), in his capacity as Chair of theNational Disaster Coordinating Council (NDCC);

(i) Secretary of the Department of Public Works and Highways (DPWH); (j) Secretary of the Department of Science and Technology (DOST);

(k) Secretary of the Department of Social Welfare and Development (DSWD);

(l) Secretary of the Department of Trade and Industry (DTI);

(m) Secretary of the Department of Transportation and Communications (DOTC);

(n) Director-General of the National Economic and Development Authority (NEDA), in his capacityas Chair of the Philippine Council for Sustainable Development (PCSD);

(o) Director-General of the National Security Council (NSC);

(p) Chairperson of the National Commission on the Role of Filipino Women (NCRFW);

(q) President of the League of Provinces of the Philippines (LPP);

(r) President of the League of Cities of the Philippines (LCP);

(s) President of the League of Municipalities of the Philippines (LMP);

(t) President of the Ligangmga Barangay;

(u) One (1) Representative from the academe;

(v) One (1) Representative from the business sector; and

(w) One (1) Representative from nongovernmental organizations.At least one (1) of the sectoral representatives shall come from the disaster risk reductioncommunity. The representatives shall be appointed by the President from a list endorsed by theCommission’s Executive Director based on the nominees submitted by their respective groups tothe Commission. They shall serve for a term of six (6) years without reappointment unless theirrepresentation is withdrawn by the sector




they represent. The withdrawal of the appointment ofthe sectoral representative shall be submitted in writing to the Commission for the approval ofmajority of the Advisory Board. Appointment to any vacancy shall be only for the unexpired termof the predecessor.Only the ex-officio members of the advisory board shall appoint a qualified representative whoshall hold a rank of no less than an Undersecretary.

Section 6.Meetings of the Commission.– The Commission shall meet once every three (3) months,or as often as may be deemed necessary by the Chairperson or by the Vice Chairperson. Themeeting shall be assisted by a Board Secretary to be provided by the Climate Change Officewhich will prepare the agenda and take the minutes of the meeting.

Agency Assistance.-- The Chairperson, or in his/her absence, the Vice-Chairperson/Executive Director may likewise call upon other government agencies and theirconcerned officials for the effective implementation of the provisions of the Act. The Chairpersonor Vice Chairperson/Executive Director may require the concerned official to, among others, bringany and all documents necessary to ensure strict compliance to air emission standards and actwith urgency to combat deforestation and environmental degradation as well as apprehendviolators as provided for under Section 3 of Administrative Order 171.All concerned government offices and officials shall provide assistance and resources to theCommission in its conduct of rapid assessment on the impact of climate change to the Philippinesetting, especially on the most vulnerable sectors/areas, like water, agriculture, coastal areas, aswell as on the terrestrial and marine ecosystems, among others.All concerned government offices and officials shall likewise assist the Commission and provideresources to undertake/utilize strategic approaches and measures to prevent or reduce greenhouse gas emissions in the Philippines, including fuel efficiency, energy conservation, use of renewable energy, waste management, among others. The Commission’s Executive Director may endorse to the Office of the Ombudsman the filing of any appropriate disciplinary or administrative case against any official or head of agency who shall refuse to extend assistance or provide the necessary document to the Commission as conduct prejudicial to the interest of the government.

Section 7.Qualifications, Tenure and, Compensation of Commissioners. – The Commissionersmust be Filipino citizens, residents of the Philippines, at least thirty (30) years of age at the timeof appointment, with at least ten (10) years of experience on climate change issues and of provenhonesty and integrity. The Commissioners shall be experts in climate change by virtue of theireducational background, training and experience:




Provided :

1. That at least one (1) Commissionershall be female:2. That in no case shall the Commissioners come from the samesector:3. That in no case shall any of the Commissioners appoint representativesto act on their behalf.The Commissioners shall hold office for a period of six (6) years and may be reappointed foranother term:4. That no person shall serve for more than two (2) consecutive terms:5. That in case of a vacancy, the new appointee shall fully meet the qualificationsof a Commissioner and shall hold office for the unexpired portion of the term only:6. That in no case shall a Commissioner be designated in a temporary or acting capacity.The Vice Chairperson and the Commissioners shall have the rank and privileges of a DepartmentSecretary and Undersecretary, respectively. They shall be entitled to correspondingcompensation, benefits and other emoluments provided for under existing civil service rules andshall be subject to the same disqualifications.

RULE V

CLIMATE CHANGE OFFICE

Section 8.Climate Change Office. – The Climate Change Office created by the Climate Act to assist the Commission shall be headed by the Vice Chairperson of the Commission who shall act as the Executive Director of the Office. The Commission shall have the authority to determine the number of staff and create corresponding positions necessary to facilitate the proper implementation of the Act, subject to civil service laws, rules and regulations. The DBM shall carry out the approved offices, items and positions for the Commission including the national panel of technical experts to be hired by the Commission as provided for under Section 10 of the Climate Act.

Appointment to the Climate Change Office.-- The officers and employees of the Climate Change Office shall be appointed by the Executive Director. The Executive Director shall in accordance with civil service, DBM, COA and government procurement rules and regulations, act as head of the Climate Change Office. He shall exercise administrative control and supervision over all the offices under it including the authority to discipline officers and employees there under. He may issue office rules and regulations governing employee conduct and discipline, office functions and delineation of authority for the effective implementation of the Climate Act.

Other Offices. – The Climate Change Office, headed by the Executive Director, shall be comprised of the following offices: (a) the Office of the Deputy Executive Director for Operations;




(b) the Office of the Deputy Executive Director for Plans and Programs;

(c) the Office of the Deputy Executive Director for Finance and Accounting; and

(d) the Office of the National Panel of Technical Experts.

The Deputy Executive Director for Operations shall supervise the Low Carbon Development and Clean Energy Division, Ecosystems Conservation and Enhancement Division, Climate Adaptation and Disaster Risk Reduction Division, and the Climate Research, Development and Training Institute. The Deputy Executive Director for Plans and Programs shall serve as the Executive Director’s assistant as Secretariat to the Advisory Board. The Deputy Executive Director for Plans and Programs shall supervise the National Framework and Coordination Division, Climate Fund Administration Division and the Legal and Governance Division. He shall coordinate and monitor all existing plans and programs under the Climate Act. In relation thereto, the Deputy Executive Director shall submit a regular report to the Executive Director and prepare the annual report of the Commission. The Deputy Executive Director for Finance and Accounting shall supervise the Accounting Division, the Procurement Division, General Services Division, Human Resources Division and the Finance and Budget Division. The Executive Director shall subsequently issue an administrative order defining the specific functions of each of the offices under him.

Office Building and Equipment. --The DBM shall assist the Commission in the allotment of available funds for the establishment of a permanent office building with provision for the necessary office and climate change equipment necessary to carry out the provision of the Climate Act as may be recommended by the Executive Director.

RULE VI

POWERS AND FUNCTIONS OF THE COMMISSION

Section 9.Powers and Functions of the Commission. – The Commission shall have the following powers and functions:

(a) Ensure the mainstreaming of climate change, in synergy with disaster risk reduction and risk management, into the national, sectoral and local development plans and programs;

(b) Coordinate and synchronize climate change programs of national government agencies;




(c) Formulate and develop a Framework Strategy on Climate Change that will consolidate and institutionalize government initiatives to serve as the basis for a program for climate change planning, research and development, extension, and monitoring of activities, programs and projects on climate change;

(d) Exercise policy coordination to ensure the attainment of goals set in the framework strategy and program on climate change

(e) Recommend legislation, policies, strategies, programs on and appropriations for climate change adaptation and mitigation and other related activities;

(f) Recommend key development investments in climate- sensitive sectors such as water resources, agriculture, forestry, coastal and marine resources, health, and infrastructure to ensure the achievement of national sustainable development goals;

(g) Create an enabling environment for the design of relevant and appropriate risk-sharing and risk-transfer instruments;

(h) Create an enabling environment that shall promote broader multi-stakeholder participation,through a massive and comprehensive public information and awareness campaign nationwideto educate the public on the climate change situation and its advers effects, and integrate climatechange mitigation and adaptation;

(i) Formulate and undertake strategies on mitigating GHG and other anthropogenic causes ofclimate change, including fuel efficiency, energy conservation, use of renewable energy, andwaste management, among others,;

(j) Coordinate and establish a close partnership with the NDCC in order to increase efficiency andeffectiveness in reducing the people’s vulnerability to climate-related disasters;

(k) In coordination with the DFA, represent the Philippines in the climate change negotiations;

(l) Formulate and update guidelines for determining vulnerability to climate change impacts andadaptation assessments and facilitate the provision of technical assistance for theirimplementation and monitoring;(m) Coordinate with local government units (LGUs) and private entities to address vulnerability toclimate change impacts of regions, provinces, cities and municipalities;

(n) Facilitate capacity building for local adaptation planning, implementation and monitoring ofclimate change initiatives in vulnerable communities and areas;




(o) Promote and provide technical and financial support to local research and developmentprograms and projects in vulnerable communities and areas; and

(p) Oversee the dissemination of information on climate change, local vulnerabilities and risks,relevant laws and protocols and adaptation and mitigation measures.

Other Functions. -- Pursuant to Sec. 23 of the Climate Act, the following powers and functions of the Presidential Task Force on Climate Change created under Administrative OrderNo. 171 and the Inter-Agency Committee on Climate Change created by virtue of Administrative Order No. 220, shall be absorbed by the Commission:

1. Conduct rapid assessment on the impact of climate change to the Philippine setting, especially on the most vulnerable sectors/areas, like water, agriculture, coastal areas, as well as on the terrestrial and marine ecosystems, among others.

2. Ensure strict compliance to air emission standards and act with urgency to combat deforestation and environmental degradation as well as apprehend violators. 3. Design concrete risk reduction and mitigation measures and adaptation responses, especially to address short-term vulnerabilities, on sectors and areas where climate change will have the greatest impact.

4. Collaborate with international partners at the bilateral, regional and multilateral levels to support a global front to stabilize greenhouse gas emissions and institute mitigating and adaptive measures, especially for developing countries.

5. Continue to oversee the execution and implementation of EO 774 in coordination with Task Groups Heads, including monitoring the implementation of climate change projects identified in EO 774.

6. Coordinate and review government and official development assistance programs and projects; and.

7. Perform such other function as may be directed by the President.

Regulatory and Enforcement Programs. The Commission shall coordinate with local government units (LGUs) and private entities to address vulnerability to climate change impacts of regions, provinces, cities and municipalities. It shall also encourage business, public and private sector compliance with existing environment, forestry, mining, energy, clean air, solid waste and land use laws, rules and regulations. Pursuant to the Climate Act and Administrative Order 171, the Commission shall conduct rapid assessment on the impact of climate change to the




Philippine setting, especially on the most vulnerable sectors/areas, like water, agriculture, coastal areas, as well as on the terrestrial and marine ecosystems, among others. For this purpose, it shall initiate data gathering activities from various government agencies and look into compliance with existing laws and regulationsincluding but not limited to environmental impact assessments and environmental compliancecertificates, integrated annual operations plan, exploration permits, mineral production sharingagreements, financial technical assistance agreements entered into or issued by concernedagencies. It may issue notice of conference to invite the concerned government office or publicofficial, the private sector, civil society and non-governmental organization to gather and solicit information pertinent to the vulnerable sectors under study.To ensure strict compliance to air emission standards and act with urgency to combatdeforestation and environmental degradation as well as apprehend violators as mandated by law, apprehension orders shall be issued only by the Commission after due process of law with priorissuance of a Notice of Violation (NOV) based on the data gathered concerning compliance withthe aforesaid regulations. The NOV shall be issued by the Executive Director, uponrecommendation of the Legal and Governance Division. Thereafter, the Commission shall studyand review the records and documents submitted by all the concerned parties for determinationof any violation of existing laws, rules and regulation.The Commission shall further pursue any violation of existing laws, rules and regulation by filingthe appropriate case to the appropriate investigating body such as the Pollution AdjudicationBoard (PAB), Mines Adjudication Board (MAB), Laguna Lake Development Authority (LLDA) andthe like, or recommend to the concerned head of agency the revocation of certain agreements orlicenses which are prejudicial to the interest of the government.Finally, after said endorsement to the appropriate agency, the Commission shall undertake/utilize strategic approaches and measures to prevent the violation cited, promote compliance to existing environmental, forestry, mining, energy, clean air, solid waste and land use laws, rules and regulations.

RULE VII

TECHNICAL EXPERTS

Section 10.Panel of Technical Experts. – The Commission shall constitute a national panel of technical experts consisting of practitioners in disciplines that are related to climate change, including disaster risk reduction. The Panel shall provide technical advice to the Commission in climate science, technologies, and best practices for risk assessment and management, and the enhancement of adaptive capacity of vulnerable human settlements to potential impacts of climate change. They shall regularly report to the Executive Director and submit monthly accomplishment report




for the review of the Executive Director and endorsement to the Commission. Their report shall be consolidated with the Annual Report to be prepared by the Deputy Executive Director for Plans and Programs. The Commission shall set the qualifications and compensation for the technical experts. It shall provide resources for the operations and activities of the Panel. The technical experts shall be hired by the Executive Director, subject to the qualification and compensation set by the Commission.

PART III

FRAMEWORK STRATEGY AND PROGRAM ON CLIMATE CHANGE

RULE VIII

CLIMATE CHANGE FRAMEWORK AND PROGRAMSection 11.Framework Strategy and Program on Climate Change.– The Commission shall, within six (6) months from the effectivity of the Act, formulate a Framework Strategy on Climate Change. The Framework shall serve as the basis for a program for climate change planning, research and development, extension, and monitoring of activities, programs and projects to protect vulnerable communities from the adverse effects of climate change. The Framework shall be formulated based on climate change vulnerabilities, specific adaptation needs and mitigation potential, and in accordance with international agreements to which the Philippines is a Party. The Framework shall be reviewed every three (3) years, or as may be deemed necessary.

Section 12.Components of the Framework Strategy and Program on Climate Change.– The Framework shall include, but not be limited to, the following components:(a) National priorities;(b) Impact, vulnerability and adaptation assessments;(c) Policy formulation;(d) Compliance with international commitments;(e) Research and development;

(f) Database development and management;

(g) Academic programs, capability building and mainstreaming;

(h) Advocacy and information dissemination;

(i) Monitoring and evaluation; and




(j) Gender mainstreaming.

Section 13.National Climate Change Action Plan. – The Commission shall formulate a National Climate Change Action Plan in accordance with the Framework within one (1) year after the formulation of the latter. The National Climate Change Action Plan shall include, but not be limited to, the following components:(a) Assessment of the national impact of climate change;(b) The identification of the most vulnerable communities/areas, including ecosystems to the impacts of climate change, variability and extremes;(c) The identification of differential impacts of climate change on men, women and children;(d) The assessment and management of risk and vulnerability;(e) The identification of GHG mitigation potentials; and(f) The identification of options, prioritization of appropriate adaptation measures for joint projectsof national and local governments.

Section 14.Local Climate Change Action Plan. – The LGUs shall be the frontline agencies in theformulation, planning and implementation of climate change action plans in their respective areas,consistent with the provisions of the Local Government Code, the Framework, and the NationalClimate Change Action Plan. Barangays shall be directly involved with municipal and citygovernments in prioritizing climate change issues and in identifying and implementing bestpractices and other solutions. Municipal and city governments shall consider climate changeadaptation as one of their regular functions. Provincial governments shall provide technicalassistance, enforcement and information management in support of municipal and city climatechange action plans. Inter-local government unit collaboration shall be maximized in the conductof climate- related activities.LGUs shall regularly update their respective action plans to reflect changing social, economic,and environmental conditions and emerging issues. The LGUs shall furnish the Commission withcopies of their action plans and all subsequent amendments, modifications and revisions thereof,within one (1) month from their adoption. The LGUs shall mobilize and allocate necessarypersonnel, resources and logistics to effectively implement their respective action plans.The local chief executive shall appoint the person responsible for the formulation andimplementation of the local action plan.It shall be the responsibility of the national government to extend technical and financialassistance to LGUs for the accomplishment of their Local Climate Change Action Plans.

The LGU is hereby expressly authorized to appropriate and use the amount from its Internal Revenue Allotment necessary to implement said local plan effectively, any provision in the Local Government Code to the contrary notwithstanding.




Section 15.Role of Government Agencies. – To ensure the effective implementation of the framework strategy and program on climate change, concerned agencies shall perform the following functions:

(a) The Department of Education (DepED) shall integrate climate change into the primary and secondary education curricula and/or subjects, such as, but not limited to, science, biology, history, including textbooks, primers and other educational materials, basic climate change principles and concepts;

(b) The Department of the Interior and Local Government (DILG) and Local Government Academy shall facilitate the development and provision of a training program for LGUs in climate change. The training program shall include socioeconomic, geophysical, policy, and other contents necessary to address the prevailing and forecasted conditions and risks of particular LGUs. It shall likewise focus on women and children, especially in the rural areas, since they are the most vulnerable;

(c) The Department of Environment and Natural Resources (DENR) shall oversee the establishment and maintenance of a climate change information management system and network, including on climate change risks, activities and investments, in collaboration with other concerned national government agencies, institutions and LGUs;

(d) The Department of Foreign Affairs (DFA) shall review international agreements related to climate change and make the necessary recommendation for ratification and compliance by the government on matters pertaining thereto;

(e) The Philippine Information Agency (PIA) shall disseminate information on climate change, local vulnerabilities and risk, relevant laws and protocols and adaptation and mitigation measures; and

(f) Government financial institutions (GFIs), shall, any provision in their respective charters to the contrary notwithstanding, provide preferential financial packages for climate change-related projects. In consultation with the BangkoSentralngPilipinas (BSP), they shall, within thirty (30)days from the effectivity of the Act, issue and promulgate the implementing guidelines therefor. The Commission shall evaluate and recommend the approval of loans from such GFIs, and monitor the use by LGUs of the said loans.

RULE IX

COORDINATION WITH OTHER GOVERNMENT AGENCIES




Section 16.Coordination with Various Sector. – In the formulation of the Framework Strategy and the development and implementation of the National Climate Change Action Plan, and the local action plans, the Commission shall coordinate with the nongovernment organizations (NGOs), civic organizations, academe, people’s organizations, the private and corporate sectors and other concerned stakeholder groups.

RULE X

CLIMATE CHANGE GRANTS AND DONATIONS

Section 17.Authority to Receive Donations and/or Grants. – The Commission is hereby authorized to accept grants, contributions, donations, endowments, bequests, or gifts in cash or in kind, from local and foreign sources in support of the development and implementation of climate change programs and plans:Provided 1. That in case of donations from foreign governments, acceptance thereof shall be subject to prior clearance and approval of the President of the Philippines, upon recommendation of the Secretary of Foreign Affairs:2. That such donations shall not be used to fund personal services expenditures and other operating expenses of the Commission. The proceeds shall be used to finance:(a) Research, development, demonstration and promotion of technologies;(b) Conduct of assessment of vulnerabilities to climate change impacts, resource inventory, andadaptation capability building;(c) Advocacy, networking and communication activities in the conduct of information campaign;and(d) Conduct of such other activities reasonably necessary to carry out the objectives of this Act,as may be defined by the Commission.

Section18. Funding Allocation for Climate Change. – All relevant government agencies and LGUsshall allocate from their annual appropriations adequate funds for the formulation, developmentand implementation, including training, capacity building and direct intervention, of theirrespective climate change programs and plans. It shall also include public awareness campaignson the effects of climate change and energy-saving solutions to mitigate these effects, andinitiatives, through educational and training programs and micro-credit schemes, especially forwomen in rural areas. In subsequent budget proposals, the concerned offices and units shallappropriate funds for program/project development and implementation including continuingtraining and education in climate change.

Section 19. Joint Congressional Oversight Committee. – There is hereby created a Joint Congressional Oversight Committee to monitor the implementation of this Act. The Oversight Committee shall be composed of five (5) Senators and five (5) Representatives to be appointed by the Senate




President and the Speaker of the House of Representatives, respectively. The Oversight Committee shall be co-chaired by a Senator and a Representative to be designated by the Senate President and the Speaker of the House of Representatives, respectively. Its funding requirement shall be charged against the appropriations of Congress.

PART IV

FINAL PROVISIONS

RULE XI

ANNUAL REPORT AND OTHER PROVISIONSSection 20.Annual Report. – The Commission shall submit to the President and to both Houses ofCongress, not later than March 30 of every year following the effectivity of this Act, or upon therequest of the Congressional Oversight Committee, a report giving a detailed account of thestatus of the implementation of this Act, a progress report on the implementation of the NationalClimate Change Action Plan and recommend legislation, where applicable and necessary. LGUsshall submit annual progress reports on the implementation of their respective local action plan tothe Commission within the first quarter of the following year.

Section 21. Appropriations. – The sum of Fifty million pesos (Php50,000,000.00) is hereby appropriated as initial operating fund in addition to the unutilized fund of the Presidential Task Force on Climate Change and the Office of the Presidential Adviser on Global Warming and Climate Change. The sum shall be sourced from the President’s contingent fund.

Section 22.Separability Clause.– If for any reason any section or provision of this Act is declared asunconstitutional or invalid, the other sections or provisions hereof shall not be affected thereby.

Section 23.Repealing Clause. – All laws, ordinances, rules and regulations, and other issuances orparts thereof which are inconsistent with this Implementing Rules and Regulations are herebyrepealed or modified accordingly.

Section 24.Effectivity.– This Implementing Rules and Regulations shall take effect fifteen (15) daysafter the completion of its publication in the Official Gazette or in at least two (2) nationalnewspapers of general circulation

Section 25. Repealing Clause.– All laws, ordinances, rules and regulations, and other issuances or parts thereof which are inconsistent with this Act are hereby repealed or modified accordingly.




Section 26. Effectivity.– This Act shall take effect fifteen (15) days after the completion of its publication in the Official Gazette or in at least two (2) national newspapers of general circulation.

Philippine Inventory of Chemical and Chemical

Substances (PICCS)


288Philippine Environmental Laws

Philippine Inventory of Chemical and Chemical Substances

CHEMICAL SUBSTANCE AND OUR ENVIRONMENT

Chemical substance can enter the environment through their production, use or disposal, and can be found in all parts of the environment, air, water, soil and living organisms.

Over the past century humans have introduced a large number of chemical substances into the environment. Some are the waste from industrial and agricultural processes. Some have been designed as structural materials and others have been designed to perform various functions such as healing the sick or killing pests and weeds. Obviously some chemicals are useful but many are toxic and their harm to the environment and our health far outweighs their benefit to society. We need to manage the risks better by only using chemicals, which are safe.

Chemicals enter air as emissions and water as effluent. Industrial and motor vehicle emissions of nitrogen and sulphur oxides cause acid rain, which poisons fish and other aquatic organisms in rivers and lakes and affects the ability of soil to support plants. Carbon dioxide causes the greenhouse effect and climate change. Chlorofluorocarbons (CFCs) cause the destruction of ozone in the stratosphere and create the possibility of serious environmental damage from ultraviolet radiation. Chemical fertilizers and nutrients run-off from farms and gardens cause the buildup of toxic algae in rivers, making them uninhabitable to aquatic organisms and unpleasant for humans. Some toxic chemicals find their way from landfill waste sites into our groundwater, rivers and oceans and induce genetic changes that compromise the ability of life to reproduce and survive.




The impact of human activities on the environment is complex and affects a chain of interconnecting ecosystems. The extinction of species all along the chain may mean the loss of useful genetic material or lifesaving cancer drugs or safer alternatives to the dangerous chemicals in use at the moment.

There are hundreds of thousands of chemical compounds used worldwide. Of these, approximately 100,000 are in commercial and industrial use. Several hundred new chemicals enter the international market every year. Of the existing chemicals in commerce, less than one percent has been adequately tested to determine their potential toxicity to human populations and the risks they pose to the environment.

Because some chemical substances are more of a bane than a boon to our environment, governments all over the world started regulating the entry of every chemical substance.

CHEMICAL MANAGEMENT IN THE PHILIPPINES

PHILIPPINE INVENTORY OF CHEMICALS AND CHEMICALS SUBSTANCES (PICCS), HOW IT STARTED.

In the Philippines, the regulation of entry of chemical substance falls into the hands of Department of Environment and Natural Resources through its Environmental Management Bureau (EMB). Part of the responsibilities of the Department of Environment and Natural Resources (DENR), through its Environmental Management Bureau (EMB), as regards the implementation of Republic Act No. 6969, also known as the “Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990”, is to compile and maintain an inventory of all chemicals and chemical substances in use throughout the country. Thus, Philippine Inventory of Chemicals and Chemical Substances (PICCS) was born. It is an inventory of all chemicals and chemical substances in use throughout the country. Chemicals and chemical substances not included in the PICCS cannot be manufactured,




imported, distributed, or used unless they have undergone the Pre-Manufacture and Pre-Importation Notification (PMPIN) process.

The first PICCS developed by the DENR-EMB was released in 2000. It contains approximately 24,000 chemicals and chemical substances nominated in 1993 by chemical manufacturers, importers, distributors and users.

PICCS is updated every 5 years. At present, The latest edition of PICCS (2011) includes more than 44,000 chemical substances.

1. What is the rationale behind PICCS?

The number of chemicals and chemical substances currently in use worldwide runs into hundreds of thousands. Of these, approximately 100,000 are in commercial and industrial use. As a national inventory, PICCS serves to provide the government, the industry, and the general public the names of all chemicals and chemical substances that are currently used in various industrial processes throughout the country. It also serves as a guide for manufacturers, importers, distributors, and users of chemicals in the conduct of their business on the following points:

a. Manufacturers, importers, distributors, and users of chemicals or chemical substances which are already included in the PICCS need no longer secure clearance from the DENR, provided that their chemicals or chemical substances are not listed in the Philippine Priority Chemicals List or PCL, and are not subject to Chemical Control Order or CCO.

b. Chemicals and chemical substances not included in the PICCS cannot be manufactured, imported, distributed, or used unless they have undergone the Pre-Manufacture and Pre-Importation Notification (PMPIN) process.

2. What information is included in PICCS?

PICCS contains the following information:

a. Chemical Name and its Chemical Abstract Service Number (CAS NO.)

- This is a unique identifying number assigned to a particular chemical or chemical substance adopted internationally. The CAS Registry Services, with




the following address: P.O. Box 3343, 2540 Olentangy River Road, Columbus, Ohio 43210-0334, USA, is the agency responsible for assigning CAS numbers upon request and payment of fee.

b. CAS Registry Index Names

- These are names assigned to chemicals in accordance with International Union of Pure and Applied Chemistry (IUPAC) nomenclature.

c. Common name of the chemicals or chemical substances

- Other names or synonyms of the chemical may also be the trade name or commercial name.

3. How can the public access PICCS?

The PICCS is placed in a specially designed computer database to facilitate compiling, storing, organizing and managing the data. It is available in CD format at Php 350 per copy at the DENR-EMB central office.

4. Is there a need to update PICCS?

Yes. As a database, it needs regular updating to ensure its relevance to the requirements of the government and the industry. Based on DAO 29, s-1992, the PICCS shall be updated every five years. The first PICCS the DENR-EMB has developed in compliance with RA No. 6969 was published in 2000. Hence, the next updating is due by 2004, and every five years thereafter.

This requirement of PICCS updating is also intended to achieve the following:

a. to get updated information on the quantity of chemicals being manufactured or imported;

b. to document any change in the ownership of a chemical industry;

c. to gather additional information regarding the chemicals already listed in the PICCS;

d. to include new chemicals in the PICCS, as a result of the PMPIN process.




5. When and how is the PICCS updating process done?

All manufacturers, importers, users, and distributors of chemical substances are required under the law to update the PICCS every five years, starting from 2000. In every updating cycle, they are given 120 days to comply by accomplishing the PICCS Updating Form and to submit this to EMB central and regional offices.

In order to facilitate updating and monitoring, all premises subject to updating must maintain an Annual Chemical Inventory that should also be made available to DENR-EMB inspectors, if requested.

Likewise, the premise should also retain a record of the following for at least five years:

a. Copy of nomination form submitted to DENR-EMB;

b. Documents verifying quantity of production or importation as reported to DENR-EMB;

c. Copy of the PICCS Update Report Form submitted to DENR-EMB;

d. Copy of completed annual chemicals inventory list form;

e. DENR-issued small quantity importation;

f. Documents to support small quantity chemicals manufactured or imported for less than 1,000 kgs.; and

g. Other requirements that may be issued before the 2004 updating.

6. Are there exemptions to PICCS and the PICCS updating rules?

Yes. The following substances are exempt for inclusion in the PICCS:

a. non-chemical substances

b. naturally occurring substances

c. mixtures

d. radioactive substances, pesticides, drugs, foodstuffs and cosmetics that are regulated by other laws in the Philippines (RA 3720: “foods, drugs and cosmetics” administered by the Bureau of Food and Drug; PD 1144: “all




types of agricultural chemicals in the Philippines” administered by the Fertilizer and Pesticide Authority; RA 6969 Title III/Chapter VIII: “nuclear wastes” administered by the Philippine Nuclear Research Institute) and,

e. by-products




LISTING OF HAZARDOUS CHEMICALS

Corollary to the establishment of PICCS, is the likewise the listing of hazardous chemical substance. Thus, the term Priority Chemical List (PCL) was coined. The Philippine Priority Chemicals List (PCL) is a list of existing and new chemicals that DENR-EMB has determined to a potentially pose unreasonable risk to public health, workplace, and the environment. Among the chemicals in PCL, DENR-EMB determines which chemicals should be regulated. In addition, DENR-EMB imposes special reporting requirements that apply only to chemicals included in PCL. This is an essential aspect of the PCL process since these reports will enable DENR-EMB to obtain the necessary information concerning the priority chemicals and their uses. Such information will assist DENR-EMB in making informed decisions on which chemicals should be regulated.

Assessment of the potential hazards and risks posed by each chemical in PCL is not an easy process. It not only requires knowledge of the toxicity of a substance, but also other characteristics of a substance that may influence the severity and duration of adverse impacts. These include a chemical’s persistence and tendency to bio accumulate through the food chain. The following criteria has been established by DENR-EMB for PCL based on the selection criteria and used in other industrial nations such as Australia, Japan, Canada and the United States. In addition, qualitative and quantitative information that is unique to the Philippines such as chemical’s use and management, production quantity, percentage of release, occupational exposure, disposal methods, and technical and economic feasibility of its regulation are considered:

Persistence refers to the property of a substance whose half-life in water, sediment, soil, or air exceeds duration of fifty (50) days. Sludge may be used as a surrogate for sediment. Metals are considered to be persistent in all media.

Toxicity refers to the quality of a substance which meets any of the following criteria:

Acute lethality Chronic or sub-lethal toxicity




Teratogenicity Carcinogenicity

Bioaccumulation potential is the measures of a substance’s ability to bio accumulate in the food chain.

DENR ADMINISTRATIVE ORDER

No. 58

Series of 1998

Subject: PRIORITY CHEMICALS LIST

Pursuant to Section 19, Chapter IV, Title II of DENR Administrative Order 29, the Implementing Rules and Regulations of the Republic Act 6969, the Toxic Substances, Hazardous Wastes, and Nuclear Wastes Control Act of 1990 (hereinafter, RA 6969), the Department hereby promulgates the following Priority Chemicals List (PCL):

1. 1,1,1, -Trichloroethane 15. Ethylene Oxide

2. 1,2 Diphenylhydrazine 16.Halons

3. Arsenic Compounds 17.Hexachlorobenzene

4. Asbestos 18.Hexachloroethane

5. Benzene 19. Lead Compounds

6. Beryllium Compounds 20. Mercury Compounds

7. Cadmium Compounds 21.Mirex

8. Carbon Tetrachloride 22. Polychlorinated Biphenyls (PCBs)

9.Chlorofluoro Carbons (CFCs) 23. Phosgene

10. Chloroform 24. Pentachlorophenol




11. Chlorinated Ethers 25.Polybrominated Biphenyls (PBBs)

12. Chromium Compounds 26. Selenium

13. Cyanide Compounds 27.Tributyltin

14. Ethylene Dibromide 28. Vinyl Chloride

Users, importers, and manufacturers of these chemicals are hereby required tocomply with the following requirements:

1. Completion and submission to the Environmental Quality Division (EQD) ofthe Environmental Management Bureau (EMB) of a Hazardous WastesRegistration Form;

2. Completion and submission to the EQD, EMB of the PCL Biennial Report.The First Biennial Report should be submitted from September 1 toDecember 31, 1998. Subsequent Biennial Reports shall be submitted withinfifteen (15) days from the end of each calendar year; and

3. Registration and Biennial Reports must be in a form prescribed by theDepartment and accompanied with the payment of prescribed fees.

Inquiries regarding the Chemical Abstract Services (CAS) numbers of, and the list ofsynonyms for these priority chemicals shall be directed to Environmental Quality Division,Environmental Management Bureau 99-101 Topaz Building, Kamias Road, Quezon City.

Violations of the provisions of this Order shall result in the imposition of a fine of notless than ten thousand pesos (PhP10,000.00) but not more than fifty thousand pesos(PhP50,000.00), without prejudice to institution of criminal proceedings against saidviolators, in accordance with RA 6969.




This Order shall take effect fifteen (15) days after its publication in a newspaper ofgeneral circulation.

(Sgd.)ANTONIO H. CERILLES

Secretary

Published at:

Philippine Daily Inquirer - September 23, 1998 - page 12





No. 23

Series of 2005

Subject :REVISED PRIORITY CHEMICAL LIST

Pursuant to the provisions .of Section 19, Chapter IV, Title I1 of DENRAdministrative Order No. 29, the Implementing Rules and Regulations ofRepublic Act No. of 6969 otherwise known as Toxic Substances andHazardous Wastes and Nuclear Wastes Control Act of 1990B,the Departmenthereby promulgates the following revised Priority Chemical List (PCL):




NOTE:

*Asbestos, Cyanide Compounds, Mercury Compounds and Polychlorinated Biphenylswere included in the previous PCL under DENR Administrative Order No. 98-58 butare now subject to the Chemical Control Order (CCO) under their respective DAOs.

*Trichloroethane, Chlorofluoro Carbons and Halons belong to the CCO for OzoneDepleting Substances (ODs).

All users, importers and manufacturers of aforesaid chemicals are herebyrequired to comply with the following requirements:

1. Completion and submission to the DENR-Environmental ManagementBureau-Central Office of an Annual Report on or before January 3 1;




2. Completion and submission to the concerned EnvironmentalManagement Bureau-Regional Office of a Hazardous Wastes RegistrationForm; and

3. Registration and Annual Reports must be in a form prescribed by theDepartment and accompanied with the payment of prescribed fees.

Non-compliance of concerned users, importers and manufacturers with theprovisions of this Order shall be imposed the following graduatedadministrative fines for the corresponding violations as prescribed inaccordance with the DENR Memorandum Circular No. 2005-003:

Incentives for complying sectors shall be adopted from time to time by the Department in accordance with existing DENR Rules and Regulations.

This Order shall take effect fifteen (15) days after its publication in two (2) newspapers of general circulation and fifteen (15) days upon submission to the Office of the National Administrative Register, UP Law Center.




Published at:

Malaya – December, 2005

The Manila Times – December 21, 2005




CONTROL OF HAZARDOUS CHEMICAL SUBSTANCE

DENR-EMB may issue Chemical Control Orders (CCOs) that prohibit, limit, or regulate the use, manufacture, import, export, transport, processing, storage, possession, and wholesale of those priority chemicals that DENR-EMB determined to be regulated, phase-out, or banned because of the serious risks they pose to public health, workplace, and environment. At any one time, DENR-EMB may impose a regulation, a phase-out plan, or a ban on a chemical or chemical substance when it determines that such action is necessary.

Chemicals and chemical substances that pose an unreasonable risk to public health or the environment are potentially subject to CCOs. Each year, after due consideration to industrial needs, the health and environment risks, the Philippine commitment to international and regional treaties and conventions, and DENR-EMB’s capabilities and resources to manage the controlled chemicals, DENR-EMB may determine what chemicals listed as priority (PCL) should be regulated, controlled, or phase out.

The 48 priority chemicals making up the Philippines Priority Chemical List (PCL) have been further screened. Taking into account the current limitations for fully enforcing CCOs for a large number of chemicals and given the fact that the industries in the Philippines will require time to introduce self-monitoring and to respond to new regulations, EMB during the period of 1995 to 1998 will issue CCOs only on a limited number of chemicals. By 1998, EMB will review the priority chemicals list and make a determination regarding issuance of control over additional priority chemicals.





No. 38

Series of 1997

Subject: CHEMICAL CONTROL ORDER FOR MERCURY AND MERCURY COMPOUNDS

Section 1. Legal Authority

This Chemical Control Order (CCO) is being issued on the basis of authorities given to the Department of Environment and Natural Resources under Republic Act 6969 of 1990 and DENR Administrative Order (DAO) No. 29, Series of 1992.

The requirements and procedures presented in this CCO are in addition to all the other requirements of Title II and Title III of DAO 29 as they pertain to the importation, manufacture, distribution and use of mercury and mercury compounds and the storage, transport, and disposal of their wastes.

Section 2. Policy

It is the policy of DENR to minimize hazards to human health and the environment from the improper use, management, disposal, and subsequent release and exposure to harmful substances.

Section 3. Definition & Rationale

In this CCO, unless inconsistent with the context or subject matter, the following definitions apply:

(1) “Act” means Republic Act 6969 otherwise known as the Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990.

(2) “Department” means the Department of Environment and Natural Resources.




(3) “Authorized Officer” means a person appointed under the Act as an authorized officer for the purpose of the Act.

(4) “Mercury” means any substance containing the element mercury, either in its pure form, as metallic salts or organometallic compounds.

Mercury and mercury compounds are toxic to aquatic life even at low concentrations, especially the methylated forms of mercury. It is also known to bioconcentrate greatly in the food chain causing risks to humans who become ecological receptors through fish ingestion. It is used in a variety of applications, for example, in the preparation of chlorine, in the production of electrical apparatus, industrial controls and switches, anti-fouling coatings and fungicides and in metallurgy and mining. In man, it has been shown to cause neurological disorders through the

inhalation of mercury vapors and ingestion of methylated forms of mercury.

This CCO, therefore, is meant to control their use and dispersion into the environment to avoid these adverse consequences.

Section 4. Application and Coverage

This CCO applies to the importation, manufacture, processing, use and distribution of

mercury and mercury compounds. It also addresses the treatment, storage and disposal of mercury-bearing or mercury-contaminated wastes in the Philippines. This order will cover the following:

(1) Importers and distributors

(2) Manufacturers, processors and industrial users

(3) Transporters

(4) Treaters and disposers




Section 5. Objectives

This CCO has the following objectives:

(1) Reduce hazards to health and the environment from the use, handling, management, transport and disposal, and subsequent release and exposure to mercury.

(2) Establish requirements and procedures for importation (for use in commerce), transport, manufacturing, labeling, re-labeling, spill handling, emergency procedures, and proper treatment, storage, and disposal of mercury and mercury compounds as well as mercury-contaminated containers and mercury-bearing or mercury-contaminated wastes.

(3) Establish limitation of use of certain mercury and mercury containing substances.

(4) Control and regulate the disposal of mercury contaminated wastes and establish requirements so that access to, use and disposal of any mercury and mercury containing materials will be limited to persons who have the expertise and facilities to handle these substances with minimum discharge to the environment.

(5) Establish a registration, monitoring and compliance program to enforce the tenets and covenants of this Order.

Section 6. Exemptions

The following are exempt from this CCO:

(1) All premises and entities which handle substances and mixtures exempt under Title II of DAO 29, Series of 1992.

(2) Industries and other users whose exemption claims have been approved by the Department of the time period identified in the Department’s approval. Industries must complete the Department’s exemption claim form and get approval from the Department.

Section 7. General Requirements and Procedures




In addition to the general requirements under Title II of DAO 29, the followingrequirements and procedures have been established for importers and industrial users ofmercury and mercury compounds, and treaters and disposers of mercury-bearing ormercury-contaminated wastes. These are:

(1) Required Permits

(a) Any person or entity importing, manufacturing, distributing or using mercuryor mercury-containing products in the Philippines must register with andsecure a license to use and to purchase from the EnvironmentalManagement Bureau of the Department.

(b) Any person or premise that imports mercury or mercury-containingcompounds must get an importation clearance from the EnvironmentalManagement Bureau of the Department.

(c) Any person or entity, or premise treating, transporting, storing or disposingof mercury, mercury compounds or mercury-bearing or mercury-contaminatedwastes must register and secure a license for such purposeswith the Environmental Management Bureau of the Department.

(d) As part of the registration process, each premise must submit a MercuryManagement Plan, described in item 5 Section XIII of this CCO, to theEnvironmental Management Bureau of the Department.

(2) Reports and Records

(a) Any importer, manufacturer, distributor or user of mercury and mercurycompounds or transporters, treaters and disposers of mercury-bearing ormercury-contaminated wastes must submit quarterly reports to theEnvironmental Management Bureau of the Department, as well as retainrecords of their activities and transactions.

(b) All reports submitted to the Environmental Management Bureau of theDepartment and records retained at the premises must include, amongothers, the names and the addresses of the importer, manufacturer,distributor and purchaser, the end-use category of mercury or mercury containing products, quantity of products supplied, and the quantity ofwastes produced as a result of manufacturing and industrial uses accordingto the reporting format(s) issued by the Department under this CCO.




(c) Records retained by the premises must be available for inspection at anytime by any authorized government officer upon request or in times wherethe health, safety and environmental conditions are compromised or duringtimes of emergency.

(d) Reports must be submitted to the Department, through the EnvironmentalManagement Bureau at frequencies and formats specified later in aDepartment Circular.

(e) Material Safety Data Sheets of the chemical should be made available to allrelevant personnel and displayed conspicuously in the premises at all times.

(3) Limitations/Restriction of Use and Disposal

(a) The use of mercury and mercury compounds shall be strictly limited to thefollowing end-users and those exempted under Section VI of this CCO:

Chlor-alkali plants

Mining and metallurgical industries

Electrical apparatus (lamps, arc rectifiers, battery cells and others)

Industrial and control instruments

Pharmaceutical

Paint manufacturing

Pulp and paper manufacturing

Dental amalgam

Industrial catalyst

Pesticides (fungicide) production or formulation

(b) No mercury-bearing wastes shall be discharged to the environment withoutprior approval from the Department.

(c) Premises using, storing or treating mercury and mercury compounds ormercury-bearing or mercury-contaminated wastes should comply withprescribed emission or effluent criteria or standards contained in DAO




34,35, 14 and 14A. In the absence of applicable local criteria or standards,recognized international criteria or standards such as those prescribed bythe World Health Organization (WHO) shall apply.

(4) Handling Requirements

(a) Containers of mercury or mercury compounds and mercury-bearing ormercury-contaminated wastes should be corrosion-resistant, and strongenough to withstand breakage during normal handling, transport andstorage.

1) All manufacturing processes and industrial premises manufacturing orusing products containing mercury or mercury compounds must reportto the Environmental Management Bureau of the Department andretain records of all mercury-containing wastes or mercury contaminated containers that are: (i) stored and disposed on-site; (ii)transported off-site; (iii) treated, stored, and disposed off-site; (iv)exported and (v) recycled.

2) The Department’s clearance and permit will require the importer,manufacturer, and industrial users to state in detail the quantity andmethods of storage, recycling and disposal of wastes, containers, anddiscarded materials generated as a result of handling mercury andmercury compounds.

3) The importer, wholesaler and distributor, manufacturer and user mustcomply with proper storage, labeling, packaging, pre-transport andtransport (e.g. shipping) of mercury and mercury-containing materialsas required by this CCO, other requirements under Titles II and III ofDAO 29, and the standards adopted by the Department ofTransportation and Communication including proper storage, labeling,packaging, pre-transport, and shipping.

(b) Any container or vessel containing mercury must be properly labeled. Itshould indicate the mercury and mercury compound content, precautionsrequired in its handling and emergency response measures to be taken incase of spillage or any untoward incident (e.g. fire).

(c) Transfer of mercury or mercury-containing materials should not beundertaken where appropriate facilities for such are not available.




(d) Mercury and mercury compounds should be stored in secure places, withprovisions for appropriate emergency response in case of accidents.

Section 8. Disclosure of Information

Relevant information should be disclosed immediately in cases of emergency to theDepartment through the Environmental Management Bureau and the concernedDepartment’s Regional Offices.

Section 9. Revision of Requirements

The Department may review, revise, modify, update and supplement the requirementsand standards applicable to this CCO from time to time.

Section 10. Information, Education and Communication and Training Requirements

(1) The Department in collaboration with other government agencies, industryassociations, non-governmental organizations, professional organizations, andthe academe shall promote public awareness on the beneficial use of mercuryand mercury compounds and the accompanying hazards and risks involved intheir usage. It shall likewise strive to increase awareness on the environmentaland health risks of mercury containing wastes, as well as, their proper and safedisposal.

(2) It is the responsibility of the importer(s) to inform and train transporter(s) anduser(s) on the precautions and measures in the handling of said chemicals.

(3) It is the responsibility of the management of the premises using or storingmercury and mercury compounds or treating or disposing or mercury-bearing ormercury-contaminated wastes to develop a training and contingency program forall workers handling these materials. Such training should focus on the risksassociated with the chemicals and wastes, measures to avoid exposure, andrequirements for the proper




management of the chemicals and wastes in anemergency, among others.

(4) The said premises or entities should inform the local government units, as wellas, the nearby communities on the hazards and precautionary measures formercury and mercury-containing compounds including emergency preparednessprograms.

Section 11. Compliance Monitoring Procedure

Compliance with the requirements established in this CCO will be monitored regularlyby the Department through review of reports and on-site inspection by authorized personnelof the Department.

Section 12. Penalty Provision

Any violators of the requirements specified in this CCO will be subject to administrativeand criminal penalties and liabilities as specified under Title V, Chapter XI, Sections 43 and44 of DAO 29 series of 1992, pursuant to Section 13, 14 and 15 of RA 6969.

Section 13. Specific Requirements and Standards

All persons, entities and premises covered by this CCO shall comply with the followingspecific requirements and standards for implementation of the general requirements outlinedin Section VII of this CCO:

(1) Reports

Importers and users must submit quarterly reports in accordance with theImporter’s Report Form and the User’s Report Form respectively. Quarterly reportsmust be submitted to the Department, through the Environmental Management Bureauand copy furnished the Regional Office concerned, on or before the 15th day after theend of each quarter (January to March, etc.). The reporting format will be specified in aDepartment Circular 30 days after the effective date of this Order.




Importers will be responsible for securing information for the report pertaining tothe transport and distribution of the mercury and mercury compounds. Users will beresponsible for submitting information on the treatment, storage and transport anddisposal of wastes arising from their use of mercury and mercury compounds.

(2) Manifest

All importers and users of mercury and mercury compounds, and treaters anddisposers of mercury-bearing or mercury-contaminated wastes must comply with themanifest requirements specified under the relevant sections of DAO 29 and those to beprescribed by the Environmental Management Bureau of the Department.

(3) Labeling or Re-labeling Requirements

The labels and marks for all containers of mercury and mercury containingproducts or mercury-bearing or mercury-contaminated wastes must clearly indicatethat the material contains mercury and that the same is regulated under this CCO. Thelabels, at a minimum, should contain the following information:

Chemical Name of the Material

Chemical Composition/Formula

Warning: Contains a Toxic Material

First Aid Measures

Accidental release/spillage measures

Handling and Storage

Exposure Controls

PRIME-M4 Page 7 of 9

Toxicological Information

Disposal Consideration

Expiry or Best Use Before information




Visible labels and marks shall be strictly required for all such containers sixty (60)

days after the effective date of this Order.

(4) Storage Requirements

Storage areas for mercury and mercury compounds or mercury-bearing ormercury-contaminated waste items must meet the following conditions:

(a) The storage area should be marked or delineated clearly by fencing, posts, orwalls in order to limit access to it.

(b) A recording system on the condition of the storage area should be established,details of which shall include the observations, name of inspector, date inspected,etc.

(c) The dates when mercury and mercury-containing materials were placed in thestorage area should be indicated on the container and duly recorded.

(d) The storage area should have adequate roof and walls to prevent rain water fromreaching the mercury and mercury-containing material.

(e) There should be no cracks or openings of any kind in the containment floor orwalls that could allow the flow of mercury outside the area.

(f) Floors of the storage area must be constructed of impervious material such asconcrete or steel, and if the mercury is in liquid form, should be surrounded by abund wall to contain spills.

(g) Visible warning signs and notices must be placed in conspicuous areas in thepremises.

(h) Drainage facilities should be installed in premises where mercury and relatedcompounds are used and handled to contain possible spillage or releases.

(i) Emergency showers and eyewash units with adequate water supply should bemade available in premises where mercury and related compounds are used orhandled.

(j) Fire-fighting facilities should be in place for use in case of fire(s).




(k) Access to mercury and its compounds should be restricted to those withadequate training for such purpose.

(l) A copy of the material Safety Data Sheet should always be available in the area.

(m) Segregation, adequate ventilation and ideal condition for storage of the chemicalshould be maintained in the area.

(n) Adequate security siting and access to the area should be ensured.

(o) Proper loading or unloading of containers should be observed.

(p) A workable emergency plan must be in place and implemented immediately incase of accidental spillage and other emergencies.

(q) Only trained personnel should be handling containers in storage as well as in thetransport of such substances or mixtures.

(5) Management Requirements

A Mercury Management Plan must be submitted with the registration formto the Environmental Management Bureau of the Department. The objective ofthe management plan is to ensure that mercury is being managed in a mannerthat will eliminate or minimize its risks to people and the environment. Throughthe management plan, a premise will show that it has the necessary mechanismsto manage the raw materials or products so that they are used for their intendedpurposes and are not released to the environment. It will describe anymanufacturing process that involve mercury and show a mass balance for thechemical. The plan will also contain information on the waste managementpractices and provide a description of all releases to all environmental media. Animportant aspect of the plan will be a description of the premises’ wasteminimization programs or pollution prevention programs. These programs shouldlook for ways to minimize or eliminate the use of mercury in processes used atthe premises. The details of the management plan will vary depending on thetype of premise and the type of activity being conducted, which may includeimporting, packaging or manufacturing or whether the operator or owner is theend-user. Below is a general outline for the management plan.

General Description




(a) Location, owner, operator

(b) Industrial activities at the premises

(c) Number of employees

(d) Other relevant information

Uses of Mercury at the Premises

(a) Description of the processes that use mercury

(b) Listing of raw materials used containing mercury

(c) Listing of wastes generated containing mercury

wastewater

air

solid wastes

(f) Mass balance of mercury

(g) Description of pollution control devices in use

(h) Description of compliance with the Department’s rules and regulations

(i) Description of emergency procedures and contingency plans in caseof accidents

Wastes Minimization Program and Pollution Prevention Program

Training Program

(a) Workers in contact with the chemical

(b) Workers managing wastes




Section 14. Liability

The Secretary or his duly authorized representative may cause the impoundment orconfiscation of any chemical substance and its conveyance and container if there isreasonable ground to believe that the sale, storage, possession, use, manufacture,transport, import or export for the chemical substance does not comply with this CCO.

Any importer or distributor selling to non-authorized persons or end-users shall be heldliable under R.A. 6969. Chemicals may be confiscated and storage fees of confiscatedchemicals shall be charged jointly and solidarily to the importer and/or distributor and end-user.The importer and distributor shall likewise be held liable together with the end-user incases of injury or damage to public health and the environment and shall properlycompensate the affected parties and restore the damaged area or areas resulting from anyincident or accident involving the use, sale, manufacture, distribution, storage, transport,treatment and disposal of mercury and mercury compounds.

Section 15.Effectivity

These Rules and Regulations shall take effect thirty (30) days after completion ofpublication in the Official Gazette or in a newspaper of general circulation:

(Sgd.)VICTOR O. RAMOS

Secretary

Published at:

Philippine Daily Inquirer - January 29, 1998 - page 16

Philippine Star - January 29, 1998 -page 29





No. 39

Series of 1997

Subject: CHEMICAL CONTROL ORDER FOR CYANIDE AND CYANIDE

COMPOUNDS

Section 1. Legal Authority

The Chemical Control order (CCO) is being issued on the basis of authorities given to the Department of Environment and Natural Resources under Republic Act 6969 of 1990 and DENR

Administrative Order (DAO) No. 29, Series of 1992.

The requirements and procedures presented in this CCO are in addition to all the other requirements of Title II and Title III of DAO 29 as they pertain to the importation, manufacture,

distribution and use of mercury and mercury compounds and the storage, transport, and disposal of their wastes.

Section 2. Policy

In the policy of DENR to minimize hazards to human health and the environment from the improper use, management, disposal and subsequent release and exposure to harmful

substance.

Section 3. Definition & Rationale

In this CCO, unless inconsistent with the context or subject matter, the following definition apply:




(a) “Act” means Republic Act 6969 otherwise known as the Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990.

(b) “Department” means the Department of Environment and Natural Resources.

(c) “Authorized Officer” means a person appointed under the Act as an authorized officer for the purpose of the Act. 2

(d) “Cyanide” means any substance containing the element cyanide ion, CN as found in metallic cyanide and hydrogen cyanide.

Cyanide and cyanide compounds are highly toxic to humans and aquatic life even at low concentrations.. Cyanides are used in a variety of industrial applications. These include steel, plastic, synthetic fibers, chemical synthesis, electroplating, metallurgy, and mining. Over the years, however, they have been increasingly used for other purposes which are detrimental to the

environment such as in the fishing sector. Also, their careless use has resulted in some incidents and accidents which have disastrous effect on human health and the environment.

Its CCO, therefore, is meant to control their use and dispersion into the environment to avoid the adverse consequences.

Section 4. Application and Coverage

This CCO applies to the importation, manufacture, processing, use and distribution of mercury and mercury compounds. It also addresses the treatment, storage and disposal of mercury-bearing or mercury-contaminated wastes in the Philippines. This order will cover the following:

(1) Importers distributors

(2) Manufacturers, processors and industrial users

(3) Transporters

(4) Treaters and disposers




Section 5. Objectives

This CCO has the following objectives:

(1) Reduce hazards to health and the environment from the use, handling, management, transport and disposal, and subsequent release and exposure to cyanide.

(2) Establish requirements and procedures for importation (for use in commerce), transport, manufacturing, labeling, re-labeling, spill handling, emergency procedures, improper treatment,

3 storage, and disposal of cyanide and cyanides compounds as well as cyanide contaminated containers and cyanide-bearing or cyanide contaminated wastes.

(3) Establish limitation of use of certain cyanide and cyanide containing substances.

(4) Control and regulate the disposal of cyanide contaminated wastes and establish requirements so that access to, use and disposal of any cyanide and cyanide containing materials will be limited to persons who have expertise and facilities to handle these substances with minimum discharge to the environment.

(5) Establish a registration, monitoring and compliance program to enforce, the tenets and covenants of this Order.

Section 6. Exceptions

The following are exempt from this CCO:

(1) All premises and entities which handle substances and mixtures exempt under Title II of DAO 29, Series of 1992.

(2) Industries and other users whose exemption claims have been approved by the Department of the time period identified in the Department’s approval. Industries must complete the Department’s exemption claim form and get approval from the Department.




Section 7. General Requirements and Procedures

In addition to the general requirements under Title II of DAO 29, the following requirements and procedures have been established for importers and industrial users of mercury and mercury compounds and treaters and disposers of cyanide bearing or cyanide-contaminated wastes. These are:

(1) Required Permits

(a) Any person or entity importing, manufacturing, distributing or using cyanide or cyanide containing products in the Philippines must register with and secure a license to use and to purchase from the Environmental Management Bureau of the Department.

(b) Any person or premises that imports cyanide or cyanide containing compounds must get an Importation clearancefrom the Environmental Management Bureau of the Department.

(c) Any person or entity, or premises treating, transporting, storing or disposing of cyanide, cyanide-compounds or cyanide-bearing or cyanide contaminated wastes must register and secure a license for such purposes with the Environmental Management Bureau of the Department.

(d) As part of the registration process, each premise must submit a Cyanide Management Plan, described in item 5 Section XIII of this CCO, to the Environmental Management Bureau of the Department.


(a) Any importer, manufacturer, distributor or user cyanide and cyanide compounds or transporters, treaters and disposers or cyanide-bearing or cyanide-contaminated wastes must submit quarterly reports to the Environmental Management Bureau of the Department as well as retain records of their activities and transactions.

(b) All reports submitted to the Environmental Management Bureau of the Department and records retained at the premises must include, among others, the names and the addresses of the importer, manufacturer, distributor and purchaser, and end-use category of




cyanide or cyanide containing products, quantity of products supplied, and the quantity of wastes produced as a result of manufacturing and industrial uses according to the reporting format(s) issued by the Department under this CCO.

(c) Records retained by the premises must be available for inspection at any time by any authorized government officer upon request or in times where the health, safety and environmental conditions are compromised or during times of emergency.

(d) Reports must be submitted to the Department, through the Environmental Management Bureau at frequencies and formats specified later in a Department Circular.

(e) Material Safety Data Sheets of the chemical should be madeavailable to all relevant personnel and displayedconspicuously in the premises at all times.

(3) Limitations/Restriction of Use and Disposal

(a) The use of cyanide and cyanide compounds shall bestrictly limited to the following end-users and thoseexempted under Section VI of this CCO:

Electroplating Industries

Mining and metallurgical industries

Steel Manufacturing

Synthetic fiber and chemicals

Plastic production

Other Industry sub-sectors legitimately using cyanidesuch as jewelry making.

(b) At no instance should cyanide and cyanide compoundsbe used or made available to the fishery sector.

(c) No cyanide bearing wastes shall be discharged to theenvironment without prior approval from the Department.





(a) Containers of cyanide or cyanide compounds and cyanide-bearingor cyanide-contaminated wastes should becorrosion-resistant, and strong enough to withstandbreakage during normal handling, transport and storage.

1). All manufacturing processes and industrial premisesmanufacturing or using products containing cyanide orcyanide compounds must report to the EnvironmentalManagement Bureau of the Department and retainrecords of all cyanide containing wastes or cyanidecontaminated containers that are: (i) stored and disposedon-site; (ii) transported off-site; (iii) treated, stored, anddisposed off-site; (iv) exported and (v) recycled.

2). The Department's clearance and permit will require theimporter, manufacturer, and industrial users to state indetail the quantity and methods of storage, recycling anddisposal of wastes, containers, and discarded materialsgenerated as a result of handling cyanide and cyanidecompounds.

3). The importer, wholesaler and distributor, manufacturerand user must comply with proper storage, labeling,packaging, pre-transport and transport (e.g. shipping) ofcyanide and cyanide containing materials as required bythis CCO, other requirements under Titles II and III ofDAO 29, and the standards adopted by the Department ofTransportation and Communication including properstorage, labeling, packaging, pre-transport, and shipping.

(b) Any container or vessel containing cyanide must beproperly labeled. It should indicate the cyanide andcyanide compound content, precautions required in itshandling and emergency response measures to be takenin case of spillage or any untoward incident (e.g. fire).

(c) Transfer of cyanide or cyanide containing materials shouldnot be undertaken where appropriate facilities for such arenot available.

(d) Cyanide and cyanide compounds should be stored in secureplaces, with provisions for appropriate emergency responsein case of accidents.




Section 8. Disclosure of Information

Relevant information should be disclosed immediately incases of emergency to the Department through the EnvironmentalManagement Bureau and the concerned Department's RegionalOffices.

Section 9. Revision of Requirements

Department may review, revise, modify, update and supplement the requirements and standards applicable to thisCCO from time to time.

Section 10. Information, Education and Communication andTrainingRequirements

(1) The Department in collaboration with other governmentagencies, industry associations, non-governmentalorganizations, professional organizations, and the academeshall promote public awareness on the beneficial use of cyanideand cyanide compounds and the accompanying hazards andrisks involved in their usage. It shall likewise strive to increaseawareness on the environmental and health risks of cyanidecontaining wastes, as well as, their proper and safe disposal.

(2) It is the responsibility of the importer(s) to inform and traintransporter(s) and user(s) on the precautions and measures inthe handling of said chemicals.

(3) It is the responsibility of the management of the premises usingor storing cyanide and cyanide compounds or treating ordisposing of cyanide-bearing or cyanide contaminated wastes

to develop a training and contingency program for all workershandling these materials. Such training should focus on therisks associated with the chemicals and wastes, measures to

avoid exposure, and requirements for the proper managementof the chemicals and wastes in an emergency, among others.




(4) The said premises or entities should inform the localgovernment units, as well as, the nearby communities on thehazards and precautionary measures for cyanide and cyanidecontaining compounds including emergency preparednessprograms.

Section 11. Compliance Monitoring Procedure

Compliance with the requirements established in this CCOwill be monitored regularly by the Department through review ofreports and on-site inspection by authorized personnel of the

Department.

Section 12. Penalty Provision

An isolators of the requirements specified in this CCO will besubject to administrative and criminal penalties as specified underTitle V, Chapter XI, Sections 43 and 44 of DAO, Series of 1992,pursuant to Section 13, 14 and 15 of RA 6969.

Section 13. Specific Requirements and Standards

All persons, entities and premises covered by this CCO shallcomply with the following specific requirements and standards forimplementation of the general requirements outlined in Section VIIof this CCO.

(1) Reports

Importers and users must submit quarterly reports inaccordance with the Importer's Report Form and the Users ReportForm respectively. Quarterly reports must be submitted to theDepartment, through the Environmental Management Bureau andcopy furnished the Regional Office concerned, on or before the15th day after the end of each quarter (January to March, etc.) Thereporting format will be specified in a Department Circular 30 days after the effective date of this Order.




Importers will be responsible for securing information for thereport pertaining to a transport and distribution of the cyanide andcyanide compounds. Users will be responsible for submittinginformation on the treatment, storage and transport and disposal ofwastes arising from their use of cyanide and cyanide compounds.

(2). Manifest

All importers and users of cyanide and cyanide compounds,and treaters and disposers of cyanide-bearing or cyanide-contaminatedwastes must comply with the manifest requirementsspecified under the relevant sections of DAO 29 and those to be prescribed by the Environmental Management Bureau of theDepartment.

(3) Labeling or Re-Labeling Requirements

The labels and marks are required for all containers ofcyanide and cyanide containing products or cyanide-bearing orcyanide-contaminated wastes must clearly indicate that the

material contains cyanide and that the same is regulated underthis CCO. The labels, at a minimum, should contain the followinginformation:

Chemical Name of the Material

Chemical Composition/Formula

Warning: Contains a Toxic Material

First Aid Measures

Accidental release/spillage measures

Handling and Storage

Exposure Controls

Toxicological Information

Disposal Consideration

Expiry or Best Use Before Information




Visible labels and marks shall be strictly required for all suchcontainers sixty (60) days after the effective date of this Order.

(4). Storage Requirements

Storage areas for cyanide and cyanide compounds orcyanide-bearing or cyanide contaminated wastes items must meetthe following conditions:

(a) The storage area should be marked or delineated clearly byfencing, posts, or walls in order to limit access to it.

(b) A recording system on the condition of the storage areashould be established, details of which shall include theobservations, name of inspector, date inspected, etc.

(c) The dates when cyanide and cyanide-containing materialswere placed in the storage area should be indicated on thecontainer and duly recorded.

(d) The storage area should have adequate roof and walls toprevent rain water from reaching the cyanide and cyanide-containingmaterial.

(e) There should be no cracks or openings of any kind in thecontainment floor or walls that could allow the flow orcyanide outside the area.

(f) Floors of the storage area must be constructed of imperviousmaterial such as concrete or steel, and if the cyanide are inliquid form, should be surrounded by a bund wall to containspills.

(g) Visible warning signs and notices must be placed inconspicuous areas in the premises.

(h) Drainage facilities should be installed in premises wherecyanide and related compounds are used and handled tocontain possible spillage or releases.

(i) Emergency showers and eyewash units with adequate watersupply should be made available in premises where cyanideand cyanide compounds are used or handled.

(j) Fire-fighting facilities should be in place for use in case offire(s).




(k) Access to cyanide and its compounds should be restricted tothose with adequate training for such purpose.

(l) A copy of the material Safety Data Sheet should always beavailable in the area.

(m)Segregation, adequate ventilation and ideal condition forstorage of the chemical should be maintained in the area.

(n) Adequate security siting and access to the area should beensured.

(o) Proper loading or unloading of containers should beobserved.

(p) A workable emergency plan must be in place andimplemented immediately in case of accidental spillage andother emergencies.

(q) Only trained personnel should be handling containers instorage as well as in the transport of such substances ormixtures.

(5) Management Requirements

A Cyanide Management Plan must be submitted with the registration form to the Environmental Management Bureau of theDepartment. The objective of the management plan is to ensurethat cyanide is being managed in a manner that will eliminate orminimize its risks to people and the environment. Through themanagement plan a premise will show that it has the necessarymechanisms to manage the raw materials or products so that theyare used for their intended purposes and are not released to theenvironment. It will describe any manufacturing process and arenot released to the environment. It will describe anymanufacturing process that involves cyanide and show a massbalance for the chemical. The plan will also contain information onthe waste management practices and provide a description of allreleases to all environmental media. An important aspect of theplan will be a description of the premises waste minimizationprograms or pollution prevention programs. These programs tolook for ways to minimize or eliminate the use of cyanide inprocesses used at the premises. The details of the managementplan will vary depending on the type of premises and the type ofactivity being conducted, which may include importing, packagingor manufacturing or whether the operator or owner is the end-user.Below is a general outline for the management plan.




General Description

(a) Location, owner, operator

(b) Industrial activities at the premises

(c) Number of employees

(d) Other relevant information

Uses of Cyanide at the Premises

(a) Description of the processes that use cyanide

(b) Listing of raw materials used containing cyanide

(c) Listing of wastes generated containing cyanide generatedWastewater

Air

Solid wastes

(d) Mass Balance of cyanide

(e) Description of pollution control devices in use

(f) Description of compliance with Department’s rules andregulations

(g) Description of emergency procedures and contingency plan in case of accidents

Waste Minimization Program and Pollution Prevention

ProgramTraining Program

(a) Workers in contact with the chemical

(b) Workers managing wastes

Section 14. Liability

The Secretary or his duly authorized representative maycause the impoundment or confiscation of any chemical substanceand its conveyance




and container if there is reasonable ground tobelieve that the sale, storage, possession, use, manufacture,transport, import or export for the chemical substance does notcomply with this CCO.

Any importer or distributor selling to non-authorized personsor end-users shall be held liable under R.A. 6969. Chemicals maybe confiscated and storage fees of confiscated chemicals shall becharged jointly and solidarity to the importer and/or distributor and

the end-user.

The importer and distributor shall likewise be held liabletogether with the end-user in cases of injury or damage to publichealth and the environment and shall properly compensate theaffected parties and restore the damaged areaor area resulting from any incident or accident envolving the use,sale, manufacture, distribution, storage, transport, treatment anddisposal of cyanide and cyanide compounds.


These Rules and Regulations shall take effect thirty (30) daysafter completion of publication in the Official Gazette or in anewspaper of general circulation.

(SGD) VICTOR O. RAMOS

Secretary

Approved: December 23, 1997


No. 18

Series of 2000

Subject: CHEMICAL CONTROL ORDER FOR OZONE DEPLETING




SUBSTANCES (ODS)

Pursuant to the provisions of Executive Order No. 192, Series of 1987, Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990), Section 30 of Republic Act No. 8749 (The Philippine Clean Air Act of 1999) and Resolution No. 25 dated 10 March 1993 of the Senate of the Republic of the Philippines ratifying the Montreal Protocol on Substances that Deplete the Ozone Layer as adjusted and amended by the Second Meeting of the Parties in London, 27-29 June 1990 and further amended by the Third Meeting of the Parties in Nairobi, 19-21 June 1991, the Department hereby promulgates the following Chemical Control Order, hereinafter referred to as CCO:

Section 1.DECLARATION OF POLICY.

It is the policy of the State to regulate, restrict or prohibit the import, export, use, manufacture, transport, processing, storage, possession or sale of ozone-depleting substances to abate or minimize their risks and hazards to the stratospheric ozone, public health, and the environment.

Section 2.COVERAGE.

This CCO covers the ban, limit and/or regulate the use, manufacture, import, export, transport, processing, storage, possession or sale of the following chemical substances, to wit:

2.1 Groups I and II of Annex A, and Groups I, II, and III of Annex B of the Montreal Protocol. Regardless of source, these substances listed below can be in forms

defined under Article I, paragraph 4 of the Montreal Protocol as clarified under Decision I/12A of the First Meeting of the Parties and Decision II/4 of the Second Meeting of the Parties, herein enclosed as Appendix I.

In general, these substances can be existing alone or in mixtures, can be contained in bulk for transport and/or storage, part of a use system or equipment, or used and/or contained in a manufactured product, to wit:




____________________

ODP is an index pertaining to the extent to which a chemical product may cause ozonedepletion using the reference level of 1, which is the ODP assigned to CFC-11 and CFC-12. It iscalculated from mathematical models that take into account factors such as the stability of theproduct, the rate of diffusion, the quantity of depleting atoms per molecule, and the effect of ultravioletlight and other radiation on the molecules.




2.2 The substances listed below as Annex C and Annex E are not covered by Section 3of this CCO until such time that the Senate of the Philippines ratifies the amendmentsand adjustments to the Montreal Protocol starting on the agreements of the FourthMeeting of the Parties (Copenhagen, 23-25 November 1992) onwards.

However, any importation of these substances is subject to Pre-ShipmentImportation Clearance as required under Section 6 hereof except for Group I ofAnnex E (methyl bromide) which is being regulated by the Fertilizer and PesticideAuthority of the Department of Agriculture.




__________________

2 Where a range of ODP is indicated, the highest value in that range shall be used forthe purpose of the Montreal Protocol. The ODPs listed as a single value have beendetermined from calculations based on laboratory




measurements. Those listed as arange are based on estimates and are less certain. The range pertains to an isometricgroup. The upper value is the estimate of the ODP of the isomer with the highest ODP,and the lower value is the estimate of the ODP of the isomer with the lowest ODP.




Section 3. CONTROL MEASURES AND PHASE-OUT SCHEDULES

3.1 BAN ON THE MANUFACTURE OF SUBSTANCES LISTED UNDER SECTION 2.1

AND THEIR USE IN THE MANUFACTURE OF PRODUCTS

3.1.1 Starting 01 January 2000, no person, natural or juridical, will be allowed tolocally manufacture these substances in whatever quantity, either alone or inmixtures. Further, the use of these substances in the manufacture of productsshall also be prohibited unless otherwise duly certified as for essential usesby the DENR-EMB pursuant to Section 3.2.2 hereof.

3.1.2 The use of these substances in the manufacture of products that are certifiedas for essential uses will be allowed only until 31 December 2010. Thisdeadline may be moved forward by the DENR-EMB, motuproprio, as may bedeemed necessary.

3.2 PROHIBITIONS AND CONTROLS OF IMPORTATION

3.2.1 This CCO affirms the previous ban on imports in any amount of the followingsubstances whether alone or in mixtures:

(a) CFC 11 and CFC 12 banned for importation for use on new equipmentand/or products starting 01 January 1999. Importation of thesesubstances will only be allowed to service existing products and/orequipment.

(b) CFC 113 since January 1997 and CFC 114 and CFC 115 since 01January 1999.

(c) Group II Annex A since 01 January 1999




(d) Group I Annex B starting 01 January 2000

(e) Group II Annex B since 0 1 January 1997

For mixtures or blends containing any of the substances above, the ban willbe imposed starting 01 January 2000.

3.2.2 The DENR-EMB will accept importation of these substances solely foressential uses (medical application such as in metered dose inhalers,laboratory and analytical uses, quarantine and pre-shipment) and for theservicing requirements of existing equipment/products.

3.2.3 Consistent with Section 3.2.1(a) hereof, individual annual import quota persubstance of Group I of Annex A shall be determined by the DENR-EMB foreach registered importer.

3.2.4 In case of mixtures or blends containing any of the substances under Group Iof Annex A and/or Group I of Annex B, the calculation of import quota shall bebased on the percent content by weight of these substances.

3.2.5 The 1996 estimated consumption (based on the Updated Philippine CountryProgram) shall be used as baseline level3. The annual import quota is noncumulative4.

The total annual imports shall strictly follow the phase-out schedule below:

(a) At the year ending 31 December 1999, imports shall not exceed ninetyper cent (90%) of 1996 recorded imports by weight;

(b) At the year ending 31 December 2000, imports shall not exceed eightyper cent (80%) of 1996 recorded imports by weight;

(c) At the year ending 31 December 2001, imports shall not exceedseventy-five per cent (75%) of 1996 recorded imports by weight;




(d) At the year ending 31 December 2002, imports shall not exceedseventy per cent (70%) of 1996 recorded imports by weight;

_______________________

the 1996 levels were only estimated consumption based on available data. An allowance of 75%

is added to consider unaccounted imports.

at the end of every calendar year, any remainder of the allowable quota for a particular substanceis deemed consumed.

(e) At the year ending 31 December 2003, imports shall not exceed sixtyfive per cent (65%) of 1996 recorded imports by weight.

(f) At the year ending 31 December 2004, imports shall not exceed sixtyper cent (60%) of 1996 recorded imports by weight.

(g) At the year ending 31 December 2005, imports shall not exceed fiftyper cent (50%) of 1996 recorded imports by weight.

(h) At the year ending 31 December 2006, imports shall not exceed fortyfive per cent (45%) of 1996 recorded imports by weight.

(i) At the year ending 31 December 2007, imports shall not exceedfifteen per cent (15%) of 1996 recorded imports by weight.

(j) At the year ending 31 December 2008, imports shall not exceed tenper cent (10%) of 1996 recorded imports by weight.

(k) At the year ending 31 December 2009, imports shall not exceed fiveper cent (5%) of 1996 recorded imports by weight.

(l) At the year ending 31 December 2010, imports shall not exceed fiveper cent (5%) of 1996 recorded imports by weight.

3.2.6 Beginning 01 January 2011, all kinds of importation of substances (alone or inmixtures) under Section 2.1 hereof either for servicing or




for essential uses asprovided under Section 3.2.2 will be absolutely prohibited. The DENR-EMB,through the issuance of an appropriate policy instrument, may accelerate thephaseout schedules for servicing and essential uses as may be deemednecessary.

3.2.7 With regard to applications for Pre-Shipment Importation Clearances forGroup I of Annex A substances received by the DENR-EMB before theclosing of regular office hours on 31 December 2010, only those where actualshipment is undertaken on or before 30 June 2011 may be approved.

3.3 CONTROL MEASURES ON IMPORTS OR SUBSTANCES UNDER SECTION 2.1

CONTAINED IN USE SYSTEM OR EQUIPMENT

3.3.1 In case these substances are contained in a use system or equipment, thecontrol measures for importation under Section3.2 hereof does not apply.

3.3.2 After the conduct of appropriate studies in coordination with the Bureau ofCustoms and Department of Trade and Industry, the DENR shall issueseparate procedures not later than 1 year after the effectivity of this CCO, bywhich to realize the target reductions in imports of these use systems andequipment. However, these use systems or equipment shall not be importedbeyond 31 December 2010

Section 4. REGISTRATION OF IMPORTERS

4.1 Any person, natural or juridical, who imports ozone-depleting substances (regardlessof source as allowed under the agreements of the Montreal Protocol) in any of theforms mentioned under Sections 2 hereof, and with respect to any industry or activitylisted under APPENDIX II must be duly registered with the DENR-EMB. A Certificateof Registration may be granted only upon showing proof of the following:

4.1.1 Understanding and appreciation of the role of these substances in depletingthe stratospheric ozone, and its consequences.

4.1.2 Capability to take effective measures, including the necessary equipment,technology, training and infrastructure, for the purpose of




effectively handling ozone-depleting substances, minimizing their emissions, and ultimatelyphasing out their use by replacing with substitutes/alternatives dulyrecognized and certified by the DENR-EMB.

4.1.3 Did not violate any provisions of RA 6969 and its implementing rules andregulations and other pertinent environmental laws and regulations.

4.2 Application for registration must include the following information, to wit:

4.2.1 Duly accomplished registration form;

4.2.2 Copy of the Environmental Compliance Certificate issued by the appropriateoffice of the DENR, if warranted;

4.2.3 Whether the applicant is an Importer-Distributor or an Importer -End-user;

4.2.4 Certified copy of the SEC, CDA or DTI Registration and updated list of itsofficers; and,

4.2.5 Such other information and/or documents as may be required by the DENREMB.

4.3 Certificates of Registration are valid only for one year. It is therefore required that thesame be renewed every year.

4.4 The foregoing requirements for registration do not preclude other requirements andconditions already prescribed by Administrative Order 98-58.

4.5 In case an importer is also a service provider, the Certificate of Registration will suffice and is deemed accredited pursuant to Section 5 hereof, provided that theservices offered are so declared in the registration form.

4.6 The DENR-EMB shall, upon evaluation of application, determine the annual quotaper substance for every importer pursuant to Section 3.2 hereof.




4.7 Violation of the provisions of this CCO, DAO 92-29, DAO 98-58, RA 6969 and otherrelevant environmental laws and regulations shall constitute grounds for the cancellation of the certificate of registration.

Section 5. ACCREDITATION OF DEALERS, RETAILERS AND SERVICEPROVIDERS

5.1 There is hereby a system of accreditation established to determine the capability of any person, natural or juridical, in handling ozone-depleting substances whoprovides the servicing requirements for individuals and industries using thesesubstances in any of the forms and with respect to any industry or activity listedunder APPENDIX II. The DENR-EMB shall grant a certificate of accreditation toapplicants only upon showing proof of the following:

5.1.1 Understanding and appreciation of the role of these substances in depletingthe stratospheric ozone, and its consequences.

5.1.2 Capability to take effective measures, including the necessary equipment,technology, training and infrastructure, for the purpose of effectively handling ozone-depleting substances, minimizing their emissions and ultimatelyphasing out their use by replacing with substitutes/alternatives dulyrecognized and certified by the DENR-EMB.

5.2 Application for accreditation must include the following information, to wit:

5.2.1 Duly accomplished accreditation form;

5.2.2 Copy of the Environmental Compliance Certificate issued by the appropriateoffice of the DENR, if warranted;

5.2.3 Certified copy of the SEC, CDA, or DTI Registration and updated list of itsofficers; and,

5.2.4 Such other information and/or documents as may be required by the DENREMB,

5.3 Certificates of Accreditation are valid only for one year. It is therefore required thatthe same be renewed every year.




5.4 The foregoing requirements for accreditation do not preclude other requirements andconditions already prescribed by Administrative Order 98-58.

Section 6. PRE-SHIPMENT IMPORTATION CLEARANCE

6.1 Under allowable circumstances, any person, natural or juridical, duly registered withthe DENR-EMB who engages in the importation of ozone-depleting substances listedunder Section 2 pursuant to Section 3 hereof, must secure importation clearancefrom the DENR-EMB prior to the entry of these substances in any area within thePhilippine Territory. As such, any shipment not covered by an importation clearanceshall be deemed illegal import and shall be confiscated and forfeited in favor of theGovernment.

6.2 Applications for importation clearance must observe the following, to wit:

6.2.1 For alternative or substitute substances for halons, the applicant shall securea certification from the Bureau of Products Standards (DTI-BPS) on theconformance of the same to established product standards.

6.2.2 Any application for importation clearance for substances under Section 2must be within the prescribed quota pursuant to Section 3.2.3 hereof.

6.2.3 Duly accomplished application forms shall only be received for processingafter payment of prescribed application fees and charges.

6.2.4 Application forms are accomplished in two (2) copies -- i.e., the original copyshall be filed with the DENR-EMB for assessment and evaluation, andduplicate copy which serve as reference document of the applicant.

6.2.5 Application forms shall only be processed until the following information areprovided, to wit:

(a) Commercial name or the trade/brand name of the substance asusually promoted/marketed by the manufacturers;

(b) Generic name of the substance;




(c) Name of the manufacturing company;

(d) Port of loading or the country or port immediately before thesubstance enters into the Philippine territory;

(e) Exporting company or any entity that transacts or brokers thechemical substance from the manufacturer to the importing company;

(f) Current inventories of the substance that is the subject of theapplication for importation clearance, including the area/building withinwhich the same is stored either for further transshipment ordistribution.

6.2.6 All accomplished application forms must include the following documents:

(a) Proof that application fees are paid;

(b) Copy of the Material Safety Data Sheet (MSDS) from themanufacturing firm every time an importer applies for clearance of anew chemical;

(c) Photocopy of the Pro-forma Invoice;

(d) Description of the applicant's handling procedure, safety precautionsand emergency response for the chemical;

(e) Original accomplished copy of the Record of Actual Arrival ofShipment accompanied by a photocopy of the Bill of Lading issued bythe Carrier (shipping/transport contractor) of the most recentimportation of the chemical made by the applicant;

(f) Summary of Transactions of the most recent importation clearanceissued on the same chemical applied for (not applicable to newimporters); and,

(g) List of Intended Buyers and/or End-Users.

_________________

This requirement is not applicable to first-time importer.




6.3 Pursuant to Section 3 hereof, importers shall distribute these substances only toaccredited Service Providers pursuant to Section 5 hereof or those entities utilizingthese substances for essential uses duly certified by the DENR-EMB.

6.4 Clearances shall only be issued on a per substance per shipment basis.

6.5 Clearances shall be issued in three copies, one each for the DENR, the Bureau of Customs, and the importer.

6.6 The validity of Pre-Shipment Importation Clearance must not exceed six consecutivecalendar months from the date of issuance. Any transaction not covered under the terms and conditions of the Pre-Shipment Importation Clearance shall be considereda violation of this CCO.

Section 7.RECORDS KEEPING.

Those issued various importation clearance mustkeep records of all transactions. These records are requisites for applying subsequentclearances or must be submitted to the DENR-EMB annually whichever is earlier. However,the same shall be available for inspection any time, upon request, by an authorized officerof the DENR-EMB or by other authorized government agency.

Section 8. CONFIDENTIAL BUSINESS INFORMATION

8.1 Any person, natural or juridical, submitting a report under this CCO may assert abusiness confidentiality claim for all or part of the report, pursuant to Section 40(1) ofDAO 92-29. It is the burden of the reporting person to justify the confidentiality claim.The Department may consider that the information is confidential and treat thereported information accordingly.

8.2 When confidentiality is not applied for, the report shall be considered as a publicdocument, provided that any disclosure of information subject to this section andSections 40(1) and 40(2) of DAO 92-29, shall be done only in cases allowed underSection 40(3) of the same.




Section 9.FINES AND PENALTIES.

Any person, natural or juridical, who violates any provision of this CCO, shall be administratively and criminally liable pursuant to Sections 43and 44 of DAO 92-29 and Section 13, 14 and 15 of RA 6969.

Section 10.SEPARABILITY CLAUSE.

If any provision of this CCO is declared void orunconstitutional, by a competent court, the other provisions hereof shall continue to be inforce and effect as if the section or provision so declared void or unconstitutional had neverbeen incorporated herein.

Section 11.EFFECTIVITY.

This CCO shall take effect 15 days after its publication in theOfficial Gazette or in at least two- (2) newspaper of general circulation.

(Sgd.) ANTONIO CERILLES

Secretary

Date Approved: February 23, 2000

Appendix I

(Footnote to Paragraph 4, Article 1 of the Montreal Protocol)

The First Meeting of the Parties decided in Dec. 1/12A to agree to the following clarificationof the definition of controlled substances (in bulk) in Article I, paragraph 4 of the MontrealProtocol:

(a) Article I of the Montreal Protocol excludes from consideration as a "controlled substance" any listed substance, whether alone or in a mixture,




which is in amanufactured product other than a container used for transportation or storage;

(b) Any amount of a controlled substance or a mixture of controlled substances which isnot part of use system containing the substance is a controlled substance for thepurpose of the Protocol (i.e. a bulk chemical);

(c) If a substance or mixture must first be transferred from a bulk container to anothercontainer, vessel or piece of equipment in order to realize its intended use, the firstcontainer is in fact utilized only for storage and/or transport, and the substance ormixture so packaged is covered by Article I, paragraph 4 of the Protocol;

(d) If, on another hand, the mere dispensing of the product from container constitutes theintended use of the substance, then that container is itself part of use system and the substance contained in it is therefore excluded from definition;

(e) Example of use systems to be considered as products for the purposes of Article I,paragraph 4 are inter alia;

(i) An aerosol can;

(ii) A refrigerator or a refrigerating plant, air conditioner or air-conditioning plant,heat pump, etc.;

(iii) A polyrethaneprepolymer or any foam containing, or manufactured with, acontrolled substance;

(iv) A fire extinguisher (wheel or hand-operated) or a installed containerincorporating a release device (automatic or hand-operated);

(f) bulk containers for shipment of controlled substances and mixtures containingcontrolled substances to user include (numbers being illustrative), inter alia;

(i) Tanks installed on board ship;

(ii) Rail tank cars (10-10 metric tons);

(iii) Road tankers (up to 20 metric tons);

(iv) Cylinders from 0.4 kg. to one metric ton;




(v) Drums (5-300 Kg.);

(g) Because containers of all sizes are used for either bulk or manufactured products,distinguishing on the basis of size is not consistent with the definition in the Protocol.Similarly, since containers for bulk or manufactured products can be designed to berechargeable or not rechargeable, - rechargeability is not sufficient for a consistentdefinition;

(h) If the purpose of the container is used as the distinguishing characteristic as in theProtocol definition, such CFC or Halon-containing products as aerosol spray cansand fire extinguishers, whether of the portable or the flooding type, would thereforebe exclude, because it is the mere release from such containers which constitute theintended use.

The Second Meeting of the Parties decided in Dec. II/4 to clarify the definition of"controlled substance" in paragraph 4 of Article I of the Protocol so that it is understoodto include the isomers of such substances except as specified in the relevant Annex.





No. 08

Series 2004

Subject: REVISED CHEMICAL CONTROL ORDER FOR OZONE DEPLETING SUBSTANCES (ODS)

Pursuant to the provisions of Executive Order No. 192, Series of 1987, Republic Act

No. 6969 (Toxic Substances and Hazardous and Nuclear Wastes Control Act of1990), Section 30 of Republic Act No. 8749 (The Philippine Clean Air Act of 1999) and Resolution No. 25 dated 10 March 1993 of the Senate of the Republic of the Philippines ratifying the Montreal Protocol on Substances that Deplete the Ozone Layer and Resolution No. 86 dated March 19, 2001 of the Senate of the Republic of the Philippines ratifying the Copenhagen Amendments, and to strengthen the legal infrastructure to support the implementation of the Philippine National CFC Phaseout, the Department hereby revises DAO 2000-18 and DAO 2002-22 and promulgates the revised Chemical Control Order for Ozone Depleting Substances (ODS), hereinafter referred to as CCO for ODS:

Section 1.DECLARATION OF POLICY

It is the policy of the State to regulate, control, restrict or prohibit the import, export, use, manufacture, distribution, processing, storage, possession and sale of Ozone-Depleting Substances to abate or minimize their risks and hazards to the stratospheric ozone, public health, and the environment.

Section 2.COVERAGE

This CCO applies to the importation, exportation, use, manufacture, distribution, processing, storage, possession and sale of chemical substances under Annex A, Group I & II, and Annex B, Group I, II, III and Annex C, Group I & II of the Montreal Protocol, as amended, listed in ANNEX II. Annex E




substance (Methyl Bromide), being a pesticide, is covered by Section 9 of Presidential Decree 1144 and Sections 1 and 2 of Article III of the Fertilizer and Pesticide Authority (FPA) Rules and Regulations No. 1, Series of 1977.

Regardless of source, these substances can be in forms defined under Article I, paragraph 4 of the Montreal Protocol as clarified under Decision I/12A of the First Meeting of the Parties and Decision II/4 of the Second Meeting of the Parties, herein enclosed as Annex I.

In general, these substances can be existing alone or in mixtures, can be contained

in bulk for transport and/or storage, part of a use system or equipment, or used and/or contained in a manufactured product. These substances are listed in Annex II which is deemed considered as essential part of this CCO for ODS.

Section 3.DEFINITION OF TERMS

Unless inconsistent with the context or subject matter, the following terms are defined

as follows:

Alternative Substances – a replacement of ODS with zero Ozone Depleting Potential.

Article 5 countries - a developing country that is a Party to the Montreal Protocol, and whose annual consumption of controlled substances is less than 0.3 kg per capita. Such countries are considered to operate under Article 5 of the Montreal Protocol and are thus called ‘Article 5 countries’.

Back conversion - the act of charging with CFC a system designed for and/or using non-CFC.

Bureau - the Environmental Management Bureau.

Chlorofluorocarbons (CFCs) - a family of chemicals that contain chlorine, fluorine and carbon; used as refrigerants, aerosol propellants, cleaning solvents and in the manufacture of foam.




Consumption – the sum of production plus imports minus exports of ODSs. The amount recycled and reused is not defined as production. Since the Philippines does not produce and export ODSs, the country’s consumption is equivalent to imports as measured by ODP weight.

Controlled substance – any chemical that is subject to control measures, such as a phase-out requirement pursuant to the schedule of the Montreal Protocol.

Department - the Department of Environment and Natural Resources.

Essential Uses – ODS usage which are exempted from control measures or phaseout. Exempted use of controlled substances does not count towards a country’s consumption. A global exemption has been granted for laboratory and analytical uses. Countries may request essential use exemptions on behalf of individual enterprises, if the specific ODS is either for health, safety or for functioning of society and no acceptable alternative is available. The Meeting of the Parties decides on such requests on a case-by-case basis.

Flushing - an act of cleaning a contaminated refrigeration/air conditioning system or system with burnt compressor by pumping or blowing gas, medium/solvent through the system then releasing the compounds to the atmosphere or a system in contact with atmosphere.

Hydrochlorofluorocarbons(HCFCs) - a family of hydrogenated chemicals related to CFCs, which contain hydrogen, as well as chlorine, fluorine and carbon. The hydrogen reduces their atmospheric lifetime, making HCFCs less ozone depleting than CFCs, hence, considered as transitional substances.

Importer - any person, natural or juridical, that undertakes the entry of an equipment, substance or product into the country that is intended for direct consumption, warehousing, sale or distribution.

Installation - any permanent mounting or setting-up of system; or transfer of equipment from one location to another, which involve opening the system to the atmosphere e.g. the piping has to be cut and reconnect or involving fixed installation to water piping or electricity.

Montreal Protocol - the Protocol to the Vienna Convention, signed in 1987, which commits Parties to take concrete measures to protect the ozone layer




by freezing, reducing or ending production and consumption of controlled substances, as amended.

Ozone - a gas whose molecules contain three atoms of oxygen, and whose presence in the stratosphere constitutes the ozone layer that protects life against harmful radiation. Ozone is toxic to humans, animals and plants at high concentrations, and so is a pollutant when it occurs in the lower atmosphere in smog

Ozone depletion - the process by which stratospheric ozone is destroyed by manmade chemicals, leading to a reduction in its concentration.

Ozone-depleting potential (ODP) - a measure of a substance’s ability to destroy stratospheric ozone, based on its atmospheric lifetime, stability, reactivity and content of elements that can attack ozone, such as chlorine and bromide. All ODPs are based on the reference measure of 1 for CFC-11

Ozone-Depleting Substances (ODS) - any substance which is controlled under the Montreal Protocol and its amendments. ODSs include CFCs, HCFCs, Halons, carbon tetrachloride, methyl chloroform, hydrobromofluorocarbons, bromochloromethane and methyl bromide. ODS have ozone-depleting potentials greater than 0 and can deplete the stratospheric ozone layer.

Ozone Layer – is a thin, fragile shield created as ozone forms and breaks down in the stratosphere. This ozone layer envelopes the entire earth which efficiently and effectively filters and screens most all the harmful ultraviolet (UV) rays like UV-B.

Party - a country that signs and/or ratifies an international legal instrument, indicating that it agrees to be bound by the rules set out therein. Parties to the Montreal Protocol are countries that have signed and ratified the Protocol and its relevant Amendments. Article 4 of the Protocol restricts trade with non-Parties.

Phase out - the ending of all production and consumption of a chemical controlled under the Montreal Protocol.

Reclamation – an act of re-processing the recovered/used refrigerant to a quality/degree or specification almost the same as that of new refrigerant.




Recovery – the removal of a refrigerant in any condition (vapor, liquid or mixed with other substance) from a system and to store it in an external container.

Recycling – the reduction of contaminants in used refrigerants by separating oil, removing condensables and using devices such as filter dryers to reduce moisture, acidity and particulate matter.

R-502 – a blend of refrigerant composed of 51.2% CFC115 and 48.8% HCFC22 commonly used for low temperature refrigeration system

Servicing – any act of repair, maintenance, testing and trouble shooting of parts, including mechanical and electrical components of an existing CFC-using equipment.

Venting – the practice of intentionally releasing and/or purging of ODS to the atmosphere.

Section 4.BAN ON IMPORTATION OF ODS

The ban on importation, except for essential uses, in any amount, of the following substances whether alone or in mixtures as previously enunciated in the Notice to the Public dated December 1998 is hereby affirmed:

a. Annex A Group I

CFC 11 and CFC 12 banned for importation for manufacturing products and equipment since 01 January 1998.

CFC 113 since 01 January 1996 CFC 114 and CFC 115, except as component in R-502, since 01

January 1998.b. Annex A Group II since 01 January 1999

c. Annex B Group I since 01 January 1999

d. Annex B Group II since 01 January 1996

e. Annex B Group III since 01 January 1996




Section 5.PHASE-OUT SCHEDULE AND CONTROLS OF IMPORTATION OF ODS

5.1 The Department through the Bureau will allow importation of Annex A, Group I & II, Annex B Group I, II, & III for:

a) Essential uses as defined by the Montreal Protocol, as amended; and

b) For the servicing requirements of existing equipment.

5.2 Consistent with Section 4 and Section 5.1 hereof, an import quota allocation system shall be implemented by the Department through the Bureau. For this purpose, individual annual import quota per substance under Annex A, Group I specifically CFC-11, CFC-12 and CFC-115 in R-502 shall be determined by the Department through the Bureau.

5.3 In case of mixtures or blends containing any of the substances under Annex A, Group I specifically CFC-11, CFC-12 and CFC-115, the calculation of import quota shall be based on the percent content by weight of these substances.

5.4 The annual import quota is non-cumulative, thus, any remainder of the quota allocation for a particular substance is deemed consumed at the end of the calendar year. The total annual imports shall be within the phase-out schedule below:

For Annex A, Group I (specifically CFC-11, CFC-12 and CFC-115 in R-

502):

a. Starting 01 January 1999, imports shall not exceed the recorded average of the annual importation for the period 1995-1997 by ODP weight;

b. Starting 01 January 2005, imports shall have been reduced by fifty percent (50%) based on the recorded average of the annual importation for the period 1995- 1997 by ODP weight.




c. Starting 01 January 2007, imports shall have been reduced by eighty five percent (85%) based on the recorded average of the annual importation for the

period 1995-1997 by ODP weight.

d. Starting 01 January 2010, all importation will be prohibited.

For Annex C:

a. Starting 01 January 2016, imports shall not exceed the recorded annual importation for year 2015 by ODP weight.

b. Starting 01 January 2040, importation shall have been absolutely prohibited.

5.5 Beginning 01 January 2005, all importation for CFC-11 will be absolutely prohibited.

5.6 Beginning 01 January 2010, all kinds of importation of substances, except essential use (alone or in mixtures) under Annex A, Group I as provided under Section 5.2 will be prohibited.

5.7 The Department, through the Bureau, may accelerate the phase out schedules for servicing as may be deemed necessary through the issuance of an appropriate policy instrument.




Section 6.REGISTRATION OF IMPORTERS and APPLICATION OF PRESHIPMENT IMPORTATION CLEARANCE FOR ODS

6.1 Any person, natural or juridical, who imports ODS (regardless of source as allowed under the agreements of the Montreal Protocol, as amended) for any industry or activity (for example industries/activities listed under ANNEX III) must register with the Department through the Bureau. Certificates of Registration are valid only for one (1) year. It is, therefore, required that the same be renewed every year.

6.2 A Certificate of Registration may be granted and renewed only upon showing proof of the following:

(a) Attendance to DENR-Bureau Seminar regarding understanding and appreciation of the role of these substances in depleting the stratospheric ozone, and its consequences by the firm’s chemical handler.

(b) Capability to take effective measures, including the necessary equipment, technology, training and infrastructure, for the purpose of effectively handling ozone-depleting substances including responsible reuse of refrigerants, minimizing their emissions, and ultimately phasing out their use by replacing with substitutes/alternatives duly recognized and certified by the Department through the Bureau.

(c) Commitment to participate in a system to re-use refrigerants under a reclamation scheme duly approved by the Department through the Bureau.

(d) Has complied with all the relevant provisions of Republic Act (RA) No. 6969 and its implementing rules and regulations and other pertinent environmental laws and regulations.

6.3 Application for registration must include the following documentary requirements, to wit:

(a) Duly accomplished registration form;

(b) Copy of the Environmental Compliance Certificate or Certificate of Noncoverage issued by the appropriate office of the Department;




(c) Whether the applicant is an Importer-Distributor or an Importer-End user;

(d) Certified copy of the Securities and Exchange Commission (SEC), Cooperatives Development Authority (CDA), or Department of Trade and Industry (DTI) Registration and updated list of its officers;

(e) Copy of the Material Safety Data Sheet (MSDS) from the manufacturing firm every time an importer applies for registration of a new chemical;

(f) Description of the applicant's handling procedure, safety precautions and emergency response for the chemical; and

(g) Other information and/or documents as may be required by the Department and the Bureau.

6.4 For importation covered by Section 5.2 hereof, the Department through the Bureau shall, upon evaluation of application, determine the annual quota per substance for every importer.

6.5 Registered importers must secure pre-shipment importation clearance from the Department through the Bureau prior to the entry of ODS listed in Section 2 and Annex II hereof in any area within the Philippine Territory. As such, any shipment not covered by an importation clearance shall be deemed illegally imported and shall be confiscated and forfeited in favor of the Government. Likewise, any transaction not covered under the terms and conditions of the Pre-Shipment Importation Clearance shall be considered a violation of this CCO.

6.6 Application for importation clearance must include the following, to wit:

6.6.1 Any application for importation clearance for substances under Section 2 must be within the prescribed quota pursuant to Section 5.2 hereof.

6.6.2 Duly accomplished application forms shall only be received for processing after payment of prescribed application fees and charges.

6.6.3 Application forms are accomplished in three (3) copies -- i.e., the original copy shall be filed with the Department through the Bureau for assessment and evaluation, and duplicate copy shall serve as




reference document of the applicant and the third copy shall be filed in the Philippine Ozone Desk.

6.6.4 Application forms shall only be processed when the following information are provided, to wit:

a. Commercial name or the trade/brand name of the substance as usually promoted/marketed by the manufacturers;

b. Generic name of the substance;

c. Name of the manufacturing company;

d. Port of loading or the country or port immediately before the substance enters the Philippine territory;

e. Exporting company or any entity that transacts or brokers the chemical substance from the manufacturer to the importing company;

f. Current inventories of the substance that is the subject of the application for importation clearance, including the area/building within which the same is stored either for further transshipment or distribution.

6.6.5 All accomplished application forms must include the following documents:

a. Proof that application fees are paid;

b. Copy of the Material Safety Data Sheet (MSDS) from themanufacturing firm every time an importer applies for clearance of a new chemical;

c. Photocopy of the Pro-forma Invoice;

d. Description of applicant’s handling procedure, safety precautions and emergency response for the chemical;

e. Copy of the accomplished Original Record of Actual Arrival of Shipment accompanied by a photocopy of the Bill of Lading issued by the Carrier (shipping/transport contractor) of the most




recent importation of the chemical made by the applicant (this requirement is not applicable to first time importer);

f. Summary of Transactions of the most recent importation clearance issued on the same chemical applied for (not applicable to new importers);

g. Import Entry and Internal Revenue Declaration;

h. List of Intended Buyers and/or End-Users; and

i. Any other documents deemed appropriate and necessary by the Department and the Bureau.

6.7 Importers shall distribute these substances only to registered/accredited dealers, retailers, resellers and service providers pursuant to Section 7 hereof or those entities utilizing these substances for essential uses as duly certified by the Department through the Bureau.

6.8 Clearances shall only be issued on a per substance per shipment basis.

6.9 Clearances shall be issued in three copies, one each for the Department, the Bureau of Customs, and the importer.

6.10 The validity of Pre-Shipment Importation Clearance is, as follows: a) CFCs – within the calendar year it was issued, and b) HCFCs - must not exceed six (6) consecutive calendar months from the date of issuance.

Section 7.REGISTRATION OF DEALERS, RETAILERS AND RE-SELLERS OF ODS

7.1 There is hereby a system of accreditation established to determine the capability of any person, natural or juridical, in handling and using these substances in any of the forms and with respect to any industry or activity listed under ANNEX III. Certificates of Registration are valid only for one (1) year. It is, therefore, required that the same be renewed every year.

7.2 A Certificate of Registration may be granted and renewed only upon showing proof of the following:

(a) Attendance to DENR-Bureau Seminar regarding understanding and appreciation of the role of these substances in depleting the




stratospheric ozone, and its consequences by the firm’s chemical handler.

(b) Capability to take effective measures, including the necessary equipment, technology, training and infrastructure, for the purpose of effectively handling ozone-depleting substances including responsible re-use of refrigerants, minimizing their emissions, and ultimately phasing out their use by replacing with substitutes/alternatives duly recognized and certified by the Department through the Bureau.

(c) Commitment to participate in a system to re-use refrigerants under a reclamation scheme duly approved by the Department through the Bureau.

(d) Has complied with all the relevant provisions of Republic Act (RA) No. 6969 and its implementing rules and regulations and other pertinent environmental laws and regulations.

7.3 Application for registration must include the following documentary requirements, to wit:

(a) Duly accomplished registration form;

(b) Certified copy of the Securities and Exchange Commission (SEC), Cooperatives Development Authority (CDA), Department of Trade and Industry (DTI) Registration, or local government permits and clearances, and updated list of its officers;

(c) Other information and/or documents as may be required by the Department and the Bureau.

7.4 Only those registered or accredited by the Department through the Bureau and by the DTI may purchase, re-sell, distribute and utilize for allowable uses the ODS listed under Section 2. The ODS may only be sold or distributed to service providers that are duly accredited and certified under Section 8.

7.5 Dealers and retailers shall also adhere to a “Good Practice” Code for Refrigeration and Airconditioning to be developed as condition for the issuance and renewal of registration.




Section 8.CERTIFICATION OF SERVICE PROVIDERS AND ACCREDITATION OF SERVICE SHOPS OF ODS-USING EQUIPMENT

8.1 Service shops shall be duly accredited by the DTI in accordance with guidelines, rules and regulations issued for the purpose. Service providers/technicians shall be certified by the Technical Education and Skills Development Authority (TESDA) based on their level of technical and skills competencies.

8.2 Service providers and service shops should have capability to take effective measures, including the necessary equipment, technology, training and infrastructure, for the purpose of effectively handling ozone-depleting substances, including responsible re-use of refrigerants, minimizing their emissions and ultimately phasing out their use by replacing with substitutes/alternatives duly recognized and certified by the Department and the Bureau.

8.3 Service providers and service shops shall also adhere to a “Good Practice” Code for Refrigeration and Airconditioning to be developed as a condition for the issuance and/or renewal of accreditation and/or certification.

Section 9.RECORDS KEEPING

9.1 All importers, distributors, dealers/retailers must keep records of all transactions and prepare annual report for submission to the Bureau by 31 January of the following year. Service providers shall keep records of all transactions for validation purposes.

9.2 Records retained must be available for inspection at any time, upon request, by an authorized officer of the Department through the Bureau or by other authorized government agency.

Section 10.CONFIDENTIAL BUSINESS INFORMATION

10.1 Any person, natural or juridical, submitting a report under this CCO may assert a business confidentiality claim for all or part of the report, pursuant to Section40(1) of DAO No. 29 series of 1992. It is the burden of the




reporting person to justify the confidentiality claim. The Department may consider that the information is confidential and treat the reported information accordingly.

10.2 When confidentiality is not applied for, the report shall be considered as a public document, provided that any disclosure of information subject to this section and Sections 40(1) and 40(2) of DAO No. 29 series of 1992, shall be done only in cases allowed under Section 40(3) of the same.

Section 11.PROHIBITED ACTS

Aside from the relevant provisions in sections 4 to 10, the following acts shall constitute a violation of this CCO:

(a) Back conversion;

(b) Installation of CFC-using systems;

(c) Sale and use of small disposable containers (less than 1 kg) with CFCs;

(d) Importation or manufacturing or placing in the market of products or equipment containing Halons or CFCs, except metered dose inhalers;

(e) Use of CFCs in Mobile Air Conditioners (MACs) starting 2006 in motor vehicles manufactured and/or initially registered from 1999 onwards, and starting 2012 in all motor vehicles;

(f) Use of CFC-11 as blowing agent for foam manufacturing;

(g) Intentional release/venting of ODSs when servicing equipment; and

(h) Flushing with ODSs.

Section 12.PENAL PROVISIONS

Any person, natural or juridical, who violates any provision of this CCO shall be administratively and criminally liable pursuant to Sections 43 and 44 of DAO No. 29 series of 1992 and Section 13, 14 and 15 of RA No. 6969 and




other applicable laws. Such violations will also constitute grounds for cancellation of certificate of: a) registration of importers, dealers, retailers & resellers, b) accreditation of service shops, and c) competency of technicians.

Section 13.SEPARABILITY CLAUSE

If a competent court declares any provision of this CCO void or unconstitutional, the other provisions hereof shall continue to be in force and effect as if the section or provision so declared void or unconstitutional had never been incorporated herein.

Section 14.REPEALING CLAUSE

DAO Nos. 2000-18 and 2002-22 and all other Department orders and issuances inconsistent herewith are hereby repealed or modified accordingly.

Section 15.EFFECTIVITY

This CCO shall take effect fifteen (15) days after its publication in the National Registration Center or in at least two (2) newspaper of general circulation, except for Sections 6.7 and 7.4 which will enter into force starting January 1, 2005.

(Sgd.)ELISEA G. GOZUN

Secretary

ANNEX I

(Footnote to Paragraph 4, Article 1 of the Montreal Protocol)

The First Meeting of the Parties decided in Dec. 1/12A to agree to the following clarification of the definition of controlled substances (in bulk) in Article I, paragraph 4 of the Montreal Protocol:




a. Article I of the Montreal Protocol excludes from consideration as a "controlled substance" any listed substance, whether alone or in a mixture, which is in a manufactured product other than a container used for transportation or storage;

b. Any amount of a controlled substance or a mixture of controlled substances which is not part of use system containing the substance is a controlled substance for the purpose of the Protocol (i.e. a bulk chemical);

c. If a substance or mixture must first be transferred from a bulk container to another container, vessel or piece of equipment in order to realize its intended use, the first container is in fact utilized only for storage and/or transport, and the substance or mixture so packaged is covered by Article I, paragraph 4 of the Protocol;

d. If, on another hand, the mere dispensing of the product from container constitutes the intended use of the substance, then that container is itself part of use system and the substance contained in it is therefore excluded from definition;

e. Example of use systems to be considered as products for the purposes of Article I, paragraph 4 are inter alia;

i. An aerosol can;

ii. A refrigerator or a refrigerating plant, air conditioner or air-conditioning plant, heat pump, etc.;

iii. A polyurethane prepolymer or any foam containing, or manufactured with, a controlled substance;

iv. A fire extinguisher (wheel or hand-operated) or an installed container incorporating a release device (automatic or hand-operated);

f. Bulk containers for shipment of controlled substances and mixtures containingcontrolled substances to user include (numbers being illustrative), inter alia;

i. Tanks installed on board ship;

ii. Rail tank cars (10-10 metric tons);




iii. Road tankers (up to 20 metric tons);

iv. Cylinders from 0.4 kg. to one metric ton;

v. Drums (5-300 Kg.);

g. Because containers of all sizes are used for either bulk or manufactured products, distinguishing on the basis of size is not consistent with the definition in the Protocol. Similarly, since containers for bulk or manufactured products can be designed to be rechargeable or not rechargeable, - rechargeability is not sufficient for a consistent definition;

h. If the purpose of the container is used as the distinguishing characteristic as in the Protocol definition, such as CFC or Halon-containing products as aerosol spray cans and fire extinguishers, whether of the portable or the flooding type, would therefore be excluded, because it is the mere release from such containers which constitute the intended use.

The Second Meeting of the Parties decided in Dec. II/4 to clarify the definition of "controlled substance" in paragraph 4 of Article I of the Protocol so that it is understood to include the isomers of such substances except as specified in the relevant Annex.




1 Where a range of ODP is indicated, the highest value in that range shall be used for the purpose of the Montreal Protocol. The ODPs listed as a single value have been determined from calculations based on laboratory measurements. Those listed as a range are based on estimates and are less certain. The range pertains to an isometric group. The upper value is the estimate of the ODP of the isomer with the highest ODP, and the lower value is the estimate of the ODP of the isomer with the lowest ODP.




DENR ADMINISTRATIVE ORDER No. 02

Series of 2000

Subject: CHEMICAL CONTROL ORDER FOR ASBESTOS

Section 1.Legal Authority

This Chemical Control Order (CCO) is issued on the basis of authority given to the Department of Environment and Natural Resources under the Republic Act of 6969 of 1990 and DENR Administrative Order (DAO) 29, Series of 1992, specifically, Title II, Toxic Chemical Substances (Chapter IV, Section 20) and Title III, Hazardous and Nuclear Wastes (Chapter VII, Section 25).

The requirements and procedures presented in this CCO are in addition to all the other requirements of Title II and Title III of DAO 29 as they pertain to the importation, manufacture and use of asbestos and the storage, transport and disposal of their wastes.

Section 2.Rationale and Policy

Asbestos is a naturally occurring fibrous hydrated mineral silicate that has been used in a wide variety of products and various uses over the years. Its unique properties of fire resistance and insulation have made its use common in a variety of products including friction materials, fire proof clothing, insulation, construction materials, fire and heat shielding equipment, mechanical packings and gaskets, textiles, and other products.

Epidemiological studies have linked prolonge d exposure to certain varieties of asbestos fibers to forms of lung cancer. Asbestos is considered as known human carcinogen by the International Agency for Research on Cancer. Several countries have prohibited and/or regulated the manufacture, export, and import of asbestos and asbestos containing materials, particularly, Triable asbestos materials and low density products.

This CCO is meant to control and regulate the use and disposal of asbestos into the environment to avoid the aforesaid adverse consequences. It is the policy of the DENR to minimize the hazard to human health and the




environment from the improper use, management, disposal and subsequent release, and exposure to harmful substances.




Section 3.Definition

In this CCO, unless inconsistent with the context or subject matter, the following definitions apply:

(1) “DAO 29” means Implementing Rules and Regulations of Republic Act of 6969.

(2) “Department” means the Department of Environment and Natural Resources.

(3) “Bureau” means the Environmental Management Bureau.

(4) “Asbestos” means the fibrous forms of varieties of mineral silicates belonging to rock

forming minerals of the serpentine group, i.e. chrysolite (white asbestos); and the amphibole group i.e. actinolite, amosite (brown asbestos, cummingtonitegrunerite), anthophyllite, crocidolite (blue asbestos) and tremolite.

(5) “Friable asbestos material” means any material containing more than one percent (1%) asbestos, as determined using standard polarized light microscopy techniques, which when dry can be crumbled, pulverized, or reduced to powder by hand pressure thereby, releasing airborne fibers.

(6) “Non-friable asbestos containing material” means any material containing more than one percent (1%) asbestos, as determined by using standard polarized light microscopy techniques, which when dry, can not be crumbled, pulverized, or reduced to powder by hand pressure.

(7) “Importer” means any person or corporation that undertakes the entry of a product or

substance into the country which is intended for direct consumption, warehousing or distribution to manufacturers or end users.

(8) “Storage” means supply or stock reserved; put away for future use, safekeeping or disposal.




(9) “Disposal” means throwing away, destroying or getting rid of waste materials.

(10) “Manufacturer” means any person or corporation that undertakes the mechanical or chemical transformation of substances into new products performed either by power-driven machines or by hand.

(11) “Asbestos Containing Wastes” means process residues from manufacturing operations and consumer discards of manufactured products.

(12) “Adequately wet asbestos” means to sufficiently moisten or saturate with water the friable asbestos containing materials that will be exposed during removal or demolition activities to prevent the possible release of asbestos fibers into the air.

(13) “Premises” shall include but not limited to building or part of a building, a tent, stall or other structures whether permanent or temporary, land, vehicle or ship.

(14) “Equipment” shall include but not limited to tools, devices, furnishings, apparatus, and materials for any undertaking such as hoods, enclosures, duets, dust suppressant, among others.

Section 4.Scope and Coverage

This CCO applies to the importation and manufacturing of asbestos. It also addresses the treatment, storage, disposal of asbestos containing materials and asbestos containing wastes in the Philippines. This order will cover the following interest groups:

(1) Importers;

(2) Manufacturers;

(3) Transporters;

(4) Industrial facility owners/operators and contractors;

(5) Shipbuilders;




(6) Waste management service providers;

(i) Demolition contractors (haulers, transporters and disposers)

(ii) Shipbreakers

(iii) Owner/operator of a demolition or renovation activity

Section 5.Objectives

(1) General Objective:

Control and regulate the use and disposal of asbestos to minimize hazards to human health and the environment.

(2) Specific Objectives:

(a) Increase awareness on the safe and responsible use of asbestos.

(b) Develop the framework for the proper management of asbestos raw material, products and wastes.

(c) Define the requirements and procedures for importation, manufacturing and proper treatment, storage and disposal of asbestos.

(d) Establish limitation of use of certain variety of asbestos and asbestos containing materials and products.

(e) Establish a compliance monitoring program to enforce the tenets and covenants of

this Order.

Section 6.General Requirements and Procedures

In addition to the general requirements under Title II and III of R.A. 6969, DAO 29, the following requirements and procedures are hereby provided:

(1) Registration and Permitting




(a) Any person or entity who imports and manufactures asbestos and asbestos-containing products in the Philippines must register with the Bureau.

(b) Any person or entity who imports asbestos and asbestos -containing products must get an importation clearance from the Bureau.

(c) Any person or entity involved in the treatment, storage, demolition, transport and disposal of asbestos and friable asbestos containing wastes must register with the Bureau.

(d) Existing industrial, commercial and institutional structures with sprayed on asbestos and friable asbestos containing materials shall register with the Bureau.


(a) Any importer and manufacturer of asbestos and asbestos -containing products must submit an annual report to the Bureau and retain records of imports and

manufactured products in accordance with this CCO.

(b) All the reports submitted to the Bureau and records retained at the premise must include, among others, the names and addresses of importer, manufacturer, end-use category of asbestos and asbestos containing products, quantity of wastes produced as a result of manufacturing, in accordance with the reporting format(s) issued by the Department under this CCO.

(c) Records retained at the premises must be available for inspection at any time by authorized DENR-EMB personnel upon proper request, during emergency cases when conditions presenting a clear and present hazard to health and environment actually exists.

(3) Limitations, Prohibitions and Regulations of Use

It is the intention of this CCO to control and regulate the use of asbestos and asbestos containing products.




(a) The use of asbestos and asbestos-containing materials as high-density products shall be strictly limited to the following:

(i) Fire proof clothing;

(ii) Roofing felts or related products;

(iii) Asbestos cement roofing;

(iv) Asbestos cement flat sheet;

(v) Friction materials;

(vi) High temperature textiles products;

(vii) Gaskets;

(viii) Mechanical packing materials;

(ix) High-grade electrical paper;

(x) Battery separators; and

(xi) Other high -density products.

(b) The use of Amosite (Brown) and Crocidolite (Blue) Asbestos fibers and of products containing these fibers is strictly prohibited.

(c) No spraying of all forms of asbestos in buildings shall be allowed.

(d) No new use of asbestos.

(e) Other products where new use of all forms of asbestos are prohibited:

(i) Toys;

(ii) Pipe and boiler lagging;

(iii) Low-density jointing compounds;

(iv) Corrugated and commercial paper;

(v) Untreated textiles;

(vi) Flooring felt and covering;




(vii) Rollboard;

(viii) Specialty paper; and

(ix) Other low-density products

Section 7.Information, Education, Communication and Training Requirements

(1) The Department, in conjunction with the Association of Asbestos Industries of the Philippines, Inc., concerned government agencies, and non-government organizations, shall promote industry and public awareness of the ways and means, including technologies, on the safe and responsible use of asbestos.

(2) The importers and manufacturers of asbestos fibers and friable asbestos containing products

shall be responsible for informing and training transporters and users on the precautionary measures in the transit, use, handling and disposal of asbestos and asbestos wastes.

Section 8.Compliance Monitoring Procedure

Compliance with the requirements established in this CCO will be monitored through review of reports or other related documents and on-site inspection by authorized personnel of the Department.

Section 9.Specific Requirements and Standards

All persons, entities and premises covered by this CCO shall comply with the following specific requirements and standards for implementation of the general requirements stated in Section VI of this CCO.

(1) Annual Report




The report will be submitted in accordance with the Asbestos Annual Report Form provided by the Bureau, which includes the following information:

(a) General Information

Name, address, location of importer, manufacturer and others; Type of premises;

(b) Production and management information

Quantity of bulk asbestos (in kilos), type or variety of asbestos; and kind of asbestoscontaining

products imported and/or manufactured;

(c) Number and category of employees that may be exposed to asbestos releases, if any;

(d) Description of any pollution control and safety devices as well as preventive measures used to prevent or reduce the releases of asbestos to the environment;

(e) Asbestos waste generated and categorized into friable and non-friable asbestos waste

materials; and

(f) Treatment, storage, and disposal information (type of treatment, storage facilities,

and land disposal premises, their locations, and methods of TSD, among others).

(2) Manifest

All the regulated premises must comply with the manifest requirements specified under Title III of DAO 29 and those to be prescribed by the Bureau for the transportation and treatment, storage and disposal of asbestos wastes off-site.

(3) Labeling Requirements




(a) All manufacturers, TSD facilities and premises, transporter, haulers, and disposers of

asbestos -containing materials and asbestos-containing waste must comply with the labeling requirements as hereinafter stated.

(b) Visible signs will be required on all packaging for all asbestos and asbestoscontaining

products as described in (a) above, after the lapse of one (1) year from the effective date of this Order. The signs must clearly mark that the product contains asbestos and disposal of friable asbestos containing wastes is regulated under this CCO.


(a) Manufacturers of products containing asbestos must report to the Bureau and retain records of friable asbestos containing wastes that are: (I) stored and disposed on-site; (ii) transported off-site; (iii) treated, stored, and disposed off-site.

(b) Prior to the issuance of the Bureau's clearance and permit, the importers and manufacturers are required to identify in detail the quantity and methods of storage and disposal of friable asbestos containing wastes, containers, and discarded materials generated as a result of handling of asbestos.

(c) The importer and manufacturer must comply with proper storage, labeling and transport of asbestos-containing materials as required by this CCO, other requirements under Titles II and III of DAO 29, and the standards adopted by the Department of Transportation and Communication regarding transport and shipping.

(d) Removal and ultimate disposal of friable asbestos and non-friable asbestos that has

become friable in any industrial and commercial activities will be limited to persons

who are accredited by the Bureau to handle these materials subject to Occupational




Safety and Health standards.

(5) Manufacturing Requirements

(a) Appropriate engineering and dust control, preventive measures, work practices and

housekeeping program should be provided to ensure safety.

(b) Workers should be provided with appropriate respiratory protective equipment and

be well-informed on possible exposure to asbestos.

(c) No visible emissions to the outside air from any manufacturing operations are permitted.

(d) Air monitoring of the workplaces to an airborne concentration of asbestos should not

exceed 2 fibers per cubic centimeter of air as an eight-hour time weighted average by Light Microscopy or an equivalent reference method.

(e) Regular inspections of each potential source of emissions from any part of the manufacturing premises, including air cleaning device and ventilation system at least once a week during day light hours for emissions to the outside air.

(6) Renovation, Removal and Demolition Requirements

(a) The duly authorized owner or operator of a renovation or demolition activity shall

thoroughly inspect and assess the facility or part of the facility where the activity will

occur to verify the presence of any friable asbestos-containing materials or nonfriable

asbestos-containing materials that have become friable prior to the commencement of any renovation or demolition activity.




(b) Each person or entity that will undertake demolition, removal or renovation activity

will provide the Bureau with the following information:

(i) A written notice of the intention to demolish or renovate a structure with friable asbestos-containing materials at least 30 days before any activity begins on the project that will disturb asbestos material and which may cause unwarranted releases of asbestos fibers into the air.

(ii) Name, address, and telephone number of:

Premises owner;

Premises operator;

Renovation, removal or demolition contractor; and

Location of the premises to be demolished or renovated.

(iii) The transporter and the disposal facility to be used for the removed, renovated or demolished material.

(iv) Estimate of the amount of friable asbestos-containing materials to be removed from the building in terms of linear meters of pipe, square meters of surface area, and cubic feet of facility components.

(v) Schedule of start and completion date for the removal, demolition, or renovation activity.

(vi) Description of the planned work to be performed and methods to be employed, including any controls and measures to be used to comply with this Order.

(vii) Name and location of the disposal site to be used for the friable asbestos containing wastes.

(c) Remove all friable asbestos and non -friable asbestos-containing mat erials that have

become friable prior to other renovation and demolition activities.




(d) Adequately wet all friable asbestos-containing materials that will be exposed during removal or demolition activities. If wetting presents a safety hazard or damage to equipment, then an exemption must be requested from the Bureau. However, if other emission control devices are used to ensure no emissions of asbestos, wetting the material is not required.

(e) Air monitoring must be conducted in the area during and after the demolition to ensure that asbestos level in the air is within the Permissible Exposure Limit (PEL) of 2 fibers per cubic centimeter of air on an eight -hour time weighted average.

(7) Storage Requirements

(a) On the ground level, asbestos must be managed to ensure proper storage and no fiber

releases will occur.

(b) The asbestos fibers must be placed in a heavy duty polyethylene bags approximately 0.2 mm. thick or other approved containers.

(8) Disposal Requirements

(a) All friable asbestos and friable asbestos containing wastes must be placed in a special

waste disposal site, the plans and specifications of which are in accordance with the DENR standards and criteria. During the disposal operations there should be no visible emissions of asbestos fibers. Materials for disposal should be transported and handled in accordance with the requirements of Section IX (4).

(b) Once asbestos-containing waste material has been placed in the disposal site at the end of the operating day, it must be covered with at least 15 centimeters of compacted non -asbestos -containing material or dust suppression agent that effectively binds dust and controls emissions from wind erosion.

(c) The waste disposal premises and facilities must maintain records of all shipments received. The information includes the following:




(i) Name and address of the waste generator;

(ii) Name and address of the transporter;

(iii) Quantity of the asbestos-containing waste material in cubic meters; and

(iv) Date of receipt of the waste.

This information will be submitted to the Bureau as part of the Annual Report due

March 31 of the following year.

(d) The owners/operators of on -site landfill sites shall submit an abandonment plan as

part of the plans and specifications mentioned under Section (a) hereof to be similarly approved and registered with the Bureau.

(e) Non-friable asbestos containing waste materials can be disposed of in any authorized

municipal or industrial landfills.

Section 10.Revision of Requirements

The Department may amend, modify, and/or supplement the requirements and standards in this CCO after prior consultation with stakeholders and after proper notice and hearing to the public on matters to be revised.

Section 11.Penalty Provision

Any violation of the requirements specified in this CCO will subject those person or persons responsible therefore to administrative and criminal sanctions as specified under Title V, Chapter XI, Sections 41 and 42 of DAO 29, Series of 1992.





These Rules and Regulations shall take effect six (6) months after formal publication of this CCO in the Official Gazette and in two (2) newspapers of general circulation.

(Sgd.)ANTONIO H. CERILLES

Secretary

Date Approved: 06 January 2000

DENR Administrative Order

No.01

Series of 2004

Subject: Chemical Control Order (CC0) for Polychlorinated Biphenyls (PCBs)

Pursuant to the provisions of Republic Act No. 6969, otherwise known as the "Toxic

Substances and Hazardous and Nuclear Wastes Control Act of 1990" ("RA 6969"), DENR Administrative Order No. 29, Series of 1992, otherwise known as the "Implementing Rules, and Regulations of RA 6969" ("IRR"), and other applicable laws, rules and regulations, the following Chemical Control Order ("CCO") for Polychlorinated Biphenyls ("PCBs"), is hereby promulgated;

Section 1.Policy Objectives.It is the policy of the State to accomplish the following objectives:

1. Reduce and eliminate the importation, manufacture, sale, transfer, distribution and use of PCBs, PCB equipment, PCB-contaminated equipment, non-PC8 equipment, PCB articles and PCB packaging, and to regulate the transport, treatment and disposal of PCBs and PCB wastes, to protect human health and the environment.




2. Reduce the hazards and unreasonable risks posed to human health and the environment from improper use and management of PCBs, PCB equipment, PCB contaminated equipment, non-PCB-, equipment, PCB articles and ~PCB packaging, and the subsequent release of PCBs and PCB wastes.

3. Est4kblish responsibilities for the management and handling of PCBs, PCB equipment, PCB-contaminated equipment, non-PCB equipment, PCB articles and PCB packaging, and the subsequent release of PCBs and PCB wastes.

4: Establish requirements, procedures and limitations for the importation, manufacture, use, and proper treatment, storage and disposal of PCBs, PCB equipment, PCB-contaminated equipment, non-PCB equipment, PCB articles and PCB packaging, and subsequent release of PCBs and PCB wastes.

5. Establish a compliance monitoring program to enforce the provisions of this CCO.

6. Increase public awareness and education on the effects of PCBs to human health and the environment.

Section 11.Definition of Terms.

For purposes of this CCO, unless inconsistent with the context or subject matter, the following definitions shall apply:

1. IRR means DENR DAO 92-29, which is the Implementing Rules and Regulations of RA 6969:

2. Department means the Department of Environment and Natural Resources.

3. Bureau means the central office, of the Environmental Management Bureau.

4. Polychlorinated Biphenyls (PCBs) means aromatic compounds formed in such a manner that the hydrogen atoms on the biphenyl molecule (two benzene rings bonded together by a single carbon bond) may be replaced by up to ten chlorine atoms. The compound has the CAS Number 1336-36-3 and the DENR Hazardous number L 406. The term includes, but is not limited to all the synonyms as listed in Annex A of this CC4.




5. Dielectric fluid is an oily substance that is used to provide an insulating barrier in electrical equipment due to its excellent thermal stability and fire resistance.

6. Capacitor means a device for accumulating and holding a charge of electricity, and consisting of conducting surfaces separated by a dielectric fluid.

7. Transformer is a device that stabilizes or regulates the supply of electricity.

8. PCB equipment means any equipment that contain 500 ppm PCB or greater (PCB ≥500 ppm).

9. PCB-contaminated equipment means any equipment that contain 50 ppm PCB and higher but less than 500 ppm PCB (50 ppm ≤PCB < 500 ppm).

10. Non-PCB equipment means any equipment that contains PCB concentration of less than 50 ppm (PCB < 50 ppm)

11. PCB-Free material means any solid or liquid that does not contain any PCB.

12. PCB wastes means discarded materials that contain PCBs or have been contaminated with PCBs that are without any safe commercial, industrial, agricultural or economic usage.

13. PCB article means any material, other than PCB wastes, whose surface has been in direct contact with PCBs.

14. PCB packaging means any container or pressurized receptacle such as can, bottle, bag, barrel, drum, tank, or other device that contains and secures PCB articles and PCB wastes, respectively.

15. Name-plated means any equipment, article or packaging that has - an, attached manufacturer's plate, label or plaque that bears information not limited to the following; name of manufacturer, date of manufacture, serial number, brand or model, origin, contents and dimension.

16. Non-plated means any equipment, article or packaging that has no attached manufacturer's plate, label or plaque.




17. Commercial Building means a more or less enclosed structure that is open to the public and which includes, but is not limited to malls, restaurants, schools, hotels, offices, including government buildings and the like.

18. Industrial Facilities means facilities such as, but not limited to, factories, power generation or distribution stations or sub-stations, assembly plants, feed milts and other buildings and structures used in general industrial assembly.

19. Retro-fill means the replacement or substitution of PCB fluids in transformers with mineral oils or any other suitable dielectric fluid:

20. Storage Facility means the facility 'where supply or stock is stored for future use, safekeeping or disposal.

21. Disposal means the collection, sorting, transport and treatment of wastes, as well as its storage.

22. Retirement means removal or decommissioning from service of any equipment for the purpose of disposing, without any intention of reuse.




Section III. Scope and Coverage.

This CCO applies to the importation, manufacture, sale, transfer, distribution and the use of PCBs, PCB equipment, PCBcontaminated equipment, non-PCB equipment, PCB articles and PCB packaging in commercial buildings and industrial facilities, including the use and possession by electric utilities and suppliers, in accordance with the terms hereof. For this CCO, use includes those for enclosed applications, partially enclosed applications, and open-ended

applications. This CCO also applies to the generation, storage, transport, treatment and disposal of PCB wastes, including those done by contractors, transporters and disposers.

1. The following Enclosed Applications are covered:

a. Transformers

b. Capacitors

c. Voltage regulators

d. Liquid filled circuit breakers

e. Other electrical equipment containing dielectric fluids

2. The following Partially Enclosed Applications are covered:

a. Hydraulic fluids

b. Heat transfer fluids

3. The following Open- Ended Applications are covered:

a. Lubricants

b. Casting waxes

c. Surface coatings

d. Adhesives

e. Plasticizers

f. Inks




g. Other uses

4. The following PCB Wastes are covered:

a. Contaminated solvents/waters

b. Used oil and waste oil

c. Sludge’s and slurries

d. Dredged spoils

e. Contaminated soils/sediments

f. By products g. Scraps

h. Ballasts and capacitors

i. Other materials contaminated with PCBs as a result of spills, decommissioning and other demolition activities.

Section IV. Requirements and Procedures

1. Registration

1.1 The following persons/entities shall register with the Bureau-by submitting a duly accomplished Registration Form (Annex B) within three months after the effective date of this order:

a. Owners or operators of industrial facilities/installations, electric utilities and suppliers who are in possession or involved in the use of any PCB equipment, PCB contaminated equipment, non-PCB equipment, PCB wastes, PCB article or PCB packaging.

b. Owners of commercial buildings installed with or containing any PCB equipment, PCB contaminated equipment, non-PCB equipment, PCB wastes, PCB article, or PCB packaging.

c. Electric utilities, suppliers and waste service providers involved in the treatment and disposal of PCB wastes.




d. Owners of industrial facilities and commercial buildings containing suspected PCB equipment, PCB-contaminated equipment, non-PCB equipment, PCB wastes, PCB article, or PCB packaging.

e. Owners or possessors of storage facilities containing PCBs, PCB wastes, PCB articles, or PCB packaging.

1.2 The PCB registration certificate(s) and all permit(s) issued by the Bureau, along with applications and attachments, shall be retained at the premises of the registrant for at least five (5) years and be available for inspection at any time by proper officials of the Department and/or the Bureau.

1.3 The Department may generate listings of lands or buildings containing PCB articles, PCB wastes or PCB packaging, as may be established through proper inspection, whether or not said PCB articles, PCB wastes or PCB packaging are being properly managed, including those lands or buildings which had history of containing PCB articles, PCB wastes or PCB packaging, in order to safeguard human health and the environment.

2. Annual Reports and Inventory Reports

2.1 All persons/entities required to be registered must - submit to the Bureau a duly accomplished Annual Report Form (Annex C) provided by the Bureau, which must contain the following information:

a. General Information

i. Type of business activity (manufacturer, industrial user, importer, exporter, waste treater, waste transporter);

ii. Name, address and location of commercial building, industrial facility, storage facility or location of treatment and/or disposal activity;

iii. Name, address and telephone number of contact person

b. Management Information

i. Number and category of employees directly and indirectly responsible for the management of PCBs, PCB equipment, PCB-contaminated equipment, non-PCB equipment and PCB articles in




service, and PCB wastes, PCB articles and PCB packaging in storage, and their respective qualifications and training for the job;

ii. Number of persons with potential risk of exposure to PCBs, and exposure duration;

iii. Program for storage, if any, including operators and location of storage facilities; and

iv. Program for treatment and disposal, including schedule, contractor, disposal method and facilities, their premises and locations, and such other information, which the

Bureau may require.

c. The first Annual Report shall be submitted within six months after registration, and subsequent Annual Reports shall be submitted at the end of December of every calendar year

d. The registrant must also retain records of manufacture, distribution, and use, in accordance with this CCO.

2.2 All registrants shall submit an Inventory Report of all PCB equipment, PCB-contaminated equipment, non-PCB equipment, PCB articles and PCB packaging stored and used, and PCB wastes generated and/or stored, in their buildings/facilities/possession, in accordance with the following:

a: For name-plated PCB equipment, PCB contaminated equipment,

non-PCB equipment, PCB articles and labeled PCB packaging:

i. Registrants shall conduct a survey of PCB equipment, PCBcontaminated equipment, non-PCB equipment, and PCB articles in service; idle or unserviceable, including those PCB.wastes and PCB packaging in storage, and submit an Inventory Report as part of the First Annual Report due within six months after registration; and

ii. Power generation or distribution companies that operate more than twenty (20) industrial facilities shall be given one (1) year to complete the inventory. However, partial inventory reports should be submitted within six months after registration




b. For non-plated PCB equipment, PCB contaminated equipment, non-PCB equipment, PCB articles and suspected PCB packaging

i. Registrants are required to undertake testing and analysis of nonplated PCB equipment, PCB-contaminated equipment, non-PCB equipment, PCB articles and suspected PCB packaging and submit an inventory Report within one (1) year from effective date hereof, provided that a partial inventory shall be submitted within six months after registration. Provided further that anything which is not proven by the registrant to be non-PCB material shall be deemed to contain PCB and is subject to the regulatory measures provided in this CCO.

ii. PCB analysis shall be carried out by laboratories duly recognized by the Bureau for the purpose of specifying the analytical method that will be applied.

c. For both a. and b., the Inventory Report, which must be signed under oath, shall include the following information:

i: Volume and concentration of PCBs, and the weight and volume of PCB packaging in the possession of the registrant;

ii. Detailed identification which includes specific model (label codes), type of equipment, serial number, name of manufacturer, date of manufacture, electrical/industrial rating; projected retirement period, capacity, and dimensions of each unit of PCB equipment, PCB-contaminated equipment, non-PCB equipment, and PCB articles in use, storage, or intended for disposal;

iii. The historical movement of a PCB equipment, PCB-contaminated equipment, non-PCB equipment or PCB article, prior to its present location whether serviceable or unserviceable shall be indicated, including the activities conducted (i.e. retro-filled, repaired, replaced or decommissioned, among others).

iv. Quantity of PCB wastes generated (fluids, sludge, slurry, scraps, contaminated equipment, soil, and others) per unit time, and the total quantity at the time of the inventory; and




v. Dates of inventory, testing label codes, and type of materials and methods used. The Certificate of Analysis must be attached to the Inventory Report.

d. An updated Inventory Report shall be submitted as part of the subsequent annual reports.

3. Handling Requirements

The commercial and industrial owners and operators must comply with the requirements for transport, storage and disposal specified under Title III of the IRR for transportation, storage and disposal of PCB wastes.

4. Labeling Requirements

4.1 All PCB equipment, PCB-contaminated equipment, non-PCB equipment, PCB articles and PCB packaging, such as the following, are required to have clear, visible and readable markings in the English language:

a. Transformers and capacitors using PCBs;

b. Electric motors using PCB-containing coolants and hydraulic systems using PCB containing hydraulic fluid;

c. Other heat transfer systems using PCBs; and 4K

d. PCB packaging that are stored for treatment and disposal.

4.2 Information on the label should include: a hazard warning or symbol, name of the company, serial number of the unit, other identifying information, contact person, address and telephone number.

4.3 Installations and storage facilities for PCBs, PCB equipment; PCBcontaminated equipment, non-PCB equipment, PCB wastes, PCB articles, PCB packaging, must have a signage with the following information:

a. "Contains PCBs" in large letters including total volume and total weight of PCBs, total volume and total weight of PCB waste, total volume and total number of PCB packaging, the number and type of PCB equipment, PCB contaminated equipment, non-PCB equipment and PCB articles;




b. Warning that it contains toxic chemical and that it must be handled by authorized personnel only; and c. Contact person, including address and telephone number.

5. Storage Requirements

5.1 Storage facility for PCBs, PCB wastes, PCB articles and PCB packaging, must meet the following minimum conditions:

a. The storage facility must be marked clearly, by putting fences, posts or walls in order to limit access to the storage area;

b. The storage facility must be inspected at 30-day intervals. Observations must be recorded in a logbook, indicating the name of the inspector and the date of inspection. Inspection records must

be retained;

c. The date when stored items are placed in the storage facility must be recorded;

d. Roof and walls must be adequate to prevent rainwater from reaching stored items;

e. Floors of the storage facilities must be constructed from impervious materials such as concrete or steel to prevent the PCBs and PCB wastes from leaching into the ground;

f. A spill containment system, such as a continuous curbing with adequate height to accommodate at least twice the volume of the stored PCBs and PCB wastes, must be constructed along the perimeter of the storage facility to prevent any spilled material from flowing out;

g. The storage facility must be accessible to material handling equipment such as forklift and drum lifters;

h. There should be no cracks or openings of any kind in the containment floor or walls that could allow the flow of PCBs or PCB wastes outside the area;

i. Adequate ventilation must be provided to safeguard the health of workers and handlers.




j. The storage facility must be located far from residential communities, storm drains, bodies of water, flood-prone areas and other environmentally critical areas.

5.2 Storage Period

a. Maximum of three (3) years from effective date of this Order:

i. Decommissioned PCB equipment, PCB contaminated equipment and non-PCB equipment that have been drained of PCB fluids;

ii. Decommissioned PCB equipment, PCB contaminated equipment and non-PCB equipment that are sealed and with absolutely no leaks; and

iii. PCB articles and PCB wastes placed in a leak-proof PCB packaging.

b. Maximum of two (2) years after the end of the retirement period or date of determination that the equipment must be disposed of, but not later than the phase out period as provided for in this CCO:

i. PCBs or PCB-contaminated liquids that are in PCB packaging held as reserve, or which have been drained from PCB equipment, PCB-contaminated equipment, or non-PCB equipment. .

ii. Leaking PCB equipment, PCB-contaminated equipment, non-PCB equipment, and PCB articles, provided that leaking capacitors must immediately and adequately be packed during storage.

iii. Other PCB equipment, PCB-contaminated equipment, non-PCB equipment and PCB articles that are not sealed.

c. Notwithstanding the foregoing, the Department may direct the owner or possessor to immediately dispose PCBs, PCB equipment, PCB-contaminated equipment; non-PCB equipment, PCB wastes, PCB articles and PCB packaging, to undertake cleanup of contaminated sites, to safeguard public health and the environment.

6. Treatment and Disposal Requirements

6.1 The general requirements for treatment, storage; and disposal of PCBs and PCB wastes are as follows:




a. Preparatory and remedial work plan (i.e. PCB packaging, isolation draining, and treatment of PCB equipment, PCB-contaminated equipment, non PCB equipment and PCB articles, prior to

disposal) that must be submitted to the Bureau along with the transport/treatment permit requirements in accordance with RA 6969 and Title 111 of its IRR not later than six months prior to the planned transport/treatment schedule;

b. All treatments and disposals must be approved by the Bureau and should be in conformance with RA 8749 otherwise known as the "Clean Air Act of the Philippines" and other applicable

environmental laws and regulations; and

6.2 If necessary, wastes containing high levels of PCBs must be exported in accordance with the provisions of Section IV Item 6.1b of this Order and must meet the requirements for trans-boundary movement of wastes under the Basel Convention.




7. PCB Spill Prevention and Clean-up Plan

Registrants must prepare and retain in an accessible location at the premises, a spill prevention and clean-up plan. The plan must contain detailed descriptions of all of the following and a copy of which must be submitted to the Bureau along with the PCB Management Plan: -

a. Personnel Training Plan;

b. Markings and Labeling;

c. Assignments of Responsibilities of Response Team;

d. Emergency Plans;

e. Decontamination Procedures;

f. Disposal of contaminated debris and materials;

g. Reporting and Record keeping; and

h. Persons/Institutions to Contact in case of Emergency.

8. PCB Storage Facility Closure Plan

Each owner and operator of a PCB storage facility must prepare and retain in an accessible location at the premises a PCB storage facility closure plan. The plan must contain detailed descriptions of all of the following and a copy of which must be submitted to the Bureau along with the PCB Management Plan:

a. Certification of financial liability approved by the Bureau;

b. Steps and procedures for closure;

c. Post closure conditions and monitoring; and

d. Cost estimates approved by the Bureau.

9. PCB Management Plan Requirement

A PCB Management Plan must be submitted to the Department within six (6) months after registration to ensure that PCBs are managed in a manner that will eliminate or minimize its release to the environment. The




registrant shall be responsible for all costs of managing PCBs including storage, disposal and clean-ups. The details of the management plan will vary depending on the type of premises and the type of activity that is being conducted with a timetable for completion of particular actions.

Review and revisions of the management plan should be done at least once every five (5) years.

Below is a general outline for the PCB Management Plan:

a. General Description

i. Name of owner and operator;

ii. Location of the facility or the PCBs, PCB equipment, PCBcontaminated equipment, non PCB equipment, PCB article, PCB packaging or PCB wastes (site specific);

iii. Industrial activities at the premises; and

iv. Number of employees.

b. Uses of PCBs at the Premise

i. Description of the uses of PCBs at the premises;

ii. Listing of PCB equipment, PCB contaminated equipment, non- PCB equipment and PCB articles;

iii. Listing of PCB wastes generated at the premises;

iv. Mass balance of PCBs through the premises;

v. Description of pollution control devices in use at the premises;

vi. Description of compliance with the environmental laws and regulations; and

vii: Description of emergency procedures and contingency plan in case of accidents.

c. Pollution Prevention Program

i. Pollution prevention/control devices;




ii. Inspection schedule and checklist; and

iii. Equipment and/or materials to be used during spills and/or emergencies.

d. Training Program

i. Scope or coverage of training or a copy of the Training Manual.

ii. List of personnel trained, particularly those workers in contact with PCBs; PCB equipment, PCB contaminated equipment, non-PCB equipment, PCB wastes, PCB articles or PCB packaging

e. A copy of the PCB Spill Prevention and Clean-up Plan as described in Section IV - 7.

f. A copy of the PCB Storage Facility Closure Plan as described in Section IV - 8.

10. Insurance and Surety Bond Requirements

All entities required to be registered under the provisions of this CCCJ are required to provide pollution liability insurance coverage separate from any existing general or public liability insurance to guarantee payment for clean-up, damage claims and other environmental liabilities that may arise in case of accidents (i.e. PCB spills, fires), in an amount determined as

sufficient by the Department, and post an annual surety bond equivalent to 150% of the current cost of proper PCB disposal 'to guarantee payment of the same in case of untimely closure and abandonment. The insurance and the surety bond shall be submitted yearly, together with the annual report.

Section V. Ban and Phase-out on Importation, Sale, Transfer and Use of PCBs

1. Upon the effective date of this Order:

a. The local/domestic manufacture or production of PCBs, PCB equipment, PCB contaminated equipment and non-PCB equipment, or the use of such, including PCB articles and PCB

wastes, as raw materials, shall be strictly prohibited.




b. All importation, sale, transfer or distribution of PCBs, PCB equipment, PCB-contaminated equipment, PCB wastes, PCB articles, or PCB packaging shall no longer be allowed.

c. The use of PCBs in open-ended applications and partially enclosed applications shall no longer be allowed.

d. All existing PCBs, PCB equipment, PCB-contaminated equipment, non-PCB equipment, PCB packaging, PCB articles and PCB wastes other than in a totally enclosed, intact, non-leaking and

serviceable system shall be considered as hazardous wastes and shall be handled, stored and treated in accordance with Title III of the IRR.

e. A PCB equipment, PCB-contaminated equipment or non-PCB equipment may only be replaced with equipment that contains and uses only, PCB-Free materials, as certified by the manufacturer.

2. Three (3) years after the effective date of this Order, the importation, sale, transfer or distribution of non-PCB equipment as defined, under this CCO shall no longer be permitted.

3. Ten (10) years after the effective date of this Order the use or storage for reuse of any PCBs, PCB equipment, PCB - contaminated equipment, or PCB article, including those in totally enclosed applications, shall no longer be allowed. Likewise, on the same date, the storage of PCB packaging and PCB wastes shall no longer be allowed.

4. Notwithstanding the foregoing, however, PCBs may, for an indefinite period; be imported, sold, transferred or used in small quantities, for research and development, in a manner other than totally enclosed, provided proper authorization is obtained from the Department.

Authorized research and development activities° include, but are not limited to: the chemical analysis of PCBs; determination of the physical properties of PCBs; studies of environmental transport properties; studies of biochemical transport processes; studies of the effects of PCBs on the environment; and studies on the effects of PCBs on human health.




Section VI. Information, Education, Communication and Training Requirements.

The Department, through the Bureau, in collaboration with the industry, concerned government agencies, the academe and the non-government organizations, will promote industry and public awareness of the CCO requirements and its compliance and the hazards posed by the use and release of PCBs in the workplace and into the environment.

Section VII. Public Access to Records

The Public shall have access to records, reports or information obtained by the Department pursuant to this CCO, in accordance with Section 12 of RA 6969.

Section VIII. Compliance Monitoring Procedure.

Compliance with the requirements established in this CCO will be monitored by the Department, through the Bureau, through review of reports' and registration information submitted, as required by this CCO, and on-site inspection by authorized personnel of the Bureau.

Section IX. Revision of Requirements.

The Department may amend, modify, and/or supplement the requirements and standards in this CCO after prior consultation with stakeholders and after proper notice and hearing to the public on matters to be revised. The EMB Director shall hereby issue clarification guidelines.

Section X. Penalty Provision.

Any violation of the requirements specified in this CCO will subject the person or persons responsible thereof to the applicable administrative and criminal sanctions as provided for under RA 6969 and other applicable laws and regulations.




Section XI. Separability Clause.

Should any provision or portion of this CCO be declared unconstitutional or invalid, all other provisions of this CCO shall remain valid and enforceable.

Section XII. Effectivity. This CCO shall take effect one (1) month after publication in the Official Gazette or two (2) newspapers of general circulation.

Published at:

Today - February 19, 2004

Malaya - February 19, 2004



Researcher’s Profile



Dindo Jacobe

Hi! I am Dindo. You can call me Doh for short but my classmates used to call me “Dogs”. Sounds weird or funny but that’s truth. Hiligko ang pagigitara, making ng mga tugtugin, mapaluma man ito o mapabago. Nais kong pag-aralan ang mga bagay sa mundo na hindi ko pa alam. Lalo na ang mga mahahalagang impormasyon na may koneksyon sa mga nabubuhay sa mundong ibabaw.

Ang pamilyako ay hindi mayaman kaya’t nagsisikap akong mag-aral upang makapagtapos at makatulong sa aking mga magulang pagdating ng araw. Pangarap kong madatnan ng aking mga magulang sa hinaharap ang aking pagmartsa sa stage habang gumagraduate. At pangarapko ring makatulongsamgakamag-anakkongnangangailanganngtulong at makabawi naman sa mga taong umakay sa akin at sa akingpamilya upang makaahon kami sa kahirapan.



Judith May A. Estalilla

I am Judith May A. Estalilla. I am a graduate of Paco Catholic School. When I entered PamantsanngLungsodngMaynila, I realized that college is a lot different from high school. I do not know if the factor of being in a private to public school affects things. First, I was testing the waters in the classroom during my first years of studying here. Way back in Paco, I didn’t have any boy classmate so thenew whole atmosphere is stranger or new to me. So, I just decided to observe. I noticed many things that of course started in the classroom. I remember that I stood up when a teacher first came in the room for me to greet her and also when there is a professor visitor. I thought that all of us would do that but I was like, I think, a bit embarrassed and I just ended up sitting again. For a week, I was doing that standing-sitting routine in every professor that would come in. We were also trained to start and end a class discussion with a prayer, in PLM, not. Another thing that was thought to us was to be polite. Knocking on doors especially in faculties or offices is a must. In PLM, you would be scolded if you do that and you would see door signs saying “Do Not Knock”. I certainly don’t get the point. Well, those are just some things that I experienced here.

Now, I am in third year of BS Electronics Engineering course. I have learned a lot I should say. In grade school and high school, I was the top in the cream of the crop in the classroom. I am also considered as one of the math wizards. I carried that out in my first two years. As time passes and as the subject matters becomes more difficult. I am becoming disappointed in myself because I am not used to getting a “just-passing” grade or a “just-alright grade” because I know that I could do better than that. But, I entered engineering and through my classmates and other students in CET, I realized that what I am experiencing is normal. Getting the grades that I mentioned helped me prove the line “Nothing is perfect” engineering certainly suits to that. I also achieved a new motto: This is engineering, failing or getting a



“so-so grade” is normal. Be proud of it because it is a result of your hard work and perseverance.

This is the reason why I pursue to be an Electronics and Communications Engineer. I know that through my entire life in this course I would encounter failures. I know how hard to be and I know what problems I may face in engineering and I know I cannot prevent myself from failing. But still, I would not be afraid. I will not give up my dream and I promise myself that I will be a successful engineer someday.

Danica Rose Ramos406



This picture doesn’t resemble me in real life, so if you look for me using this, I strongly suggest to brace yourself to be disappointed. Ok I apologize for being redundant because I’m not really good at constructing sentences. Any way let me tell you

something about me. My name is Danica Rose (you don’t say?) and I love to be called Nica, Daniks or anything you would like as long it suits me, and I don’t want to be called Rose, well because it’s too girly and I think it only

suits to pretty, charismatic, or cool girls, which is I’m not. And I only look good at pictures

which is I’m a bit proud of.

It is my fondest wish to travel. I would like to go to different places, and take pictures of it (me or with someone being at the place) and I’ll construct a scrapbook with this photos and with other memorabilia’s which I would only show to persons which I’m fond of. I really love listening to good music while doing almost everything because it increases

my productivity and calms me. I make mixtapes (playlist) which I listen to base on my mood and sometimes if you ask me I can suggest some songs which I think you would like. I love to read novels and sometimes manga (japanese comic book) which focuses on love (because I’m hopeless romantic) and other genres as long it is interesting. My favourite book at this time is “Battle Royale” by Koushun Takami though it doesn’t focus on love. Sometimes I play the guitar, and I think I’m pretty good at it because I can play some songs with difficult chords.

Though I’m an introvert, I love to hang out with my friends and family. I’m not really expressive of my feelings because I got easily embarrass when I start to recollect and speak out my thoughts, but I can assure that I value all the persons to whom I share my life with.

Benedict Junien A. Lumabi



Hi there! My full name is Benedict Junien A. Lumabi, but you can call me Enchong. I am 18 years old. I am the second child in the family. Since childhood, I dream of becoming an actor but after a while I started to have second thoughts about it because I haven’t been there yet but whenever people see me they already thought that I am a celebrity and I just got tired of it. Now, all I wanted is a private life with my family and friends. I graduated primary and secondary level of my education at Malate Catholic School and because of this I got a special “loyalty award.” Now I am spending my low-profile college life in Pamantasan ng Lungsod ng Maynila. Now I can say that it’s not the looks alone that I possess but the brains as well.

Dan Russel S. Sta. Rita



Ako si Dan Russell Sta.Rita. Naninirahan sa Bacoor Cavite. Ako ay ang bunso sa tatlong magkakapatid.Wala akong masyadong mapagmamalaki maliban sa kakayanan kong tumugtog ng saxophone. Ito lang siguro ang mapagmamalaki ko sapagkat hindi ako mahilig sa sports gawa ng mahina kong katawan at hindi din ako ganoon katalino kaya hindi ko din masasabing exceptional ang utak ko sa katunayan ngay noong bata pa ako ay mahilig akong ikumpara ng mga magulang ko sa mga nakatatanda kong kapatid na abogado at inhinyero palibhasa kasi ay hindi ako ganun katalino at katalentado katulad nila at dahil sa mga pangyayaring ito nabuo ang pangarap kong lampasan sila at patunayan sa mga magulang ko na kaya



ko din silang bigyan parangal baling araw at ngayon nga na nasa kolehiyo na ako sinisikap kong maabot ang pangarap na to .Kasalukuyan akong kumukuha ng kursong Electronics Communications Engineering sa PLM at binabalak kong pagkatapos kong makuha ang kursong to ay magpapatuloy ako ng abogasya. Noong una akala ko na mali ako sa pagkuha ng kurso ko ngaun sapagkat kinuha ko lamang ito base sa kagustuhan kong lampasan ang mga kapatid ko sa pamamagitan ng pagtatapos ng mga kursong kinuha nila ngunit habang tumatagal ay napamahal na ko sa kurso ko dahil madame akong natutunan sa pananatili ko sa kursong ito. Natuto akong pahalagahan ang oras kapiling ang mga mahal ko sa buhay. Natuto rin akong magtipid. Ngunit dito, natuto rin akong pumunta sa iba't-ibang lugar nang hindi ko kasama ang aking mga magulang. Ngayon ko lamang din naranasan ang matulog sa bahay ng aking kamag-aral. Hindi naman mahigpit ang mga magulang ko sa akin pagkat alam kong malaki ang tiwala nila sa akin at hinding-hindi ko iyon sisirain. Sa ngayon, lahat ng pansin ko ay itinutuon ko sa pag-aaral, kahit na marami akong kaibigan na "pasaway", hindi naman nila ako nilalapit sa mga gawain na ikapapahamak ko. Ngayon masasabi kong napamahal na ko sa kurso ko .Hindi ko alam kung hanggang saan ako dadalhin ng pangarap kong tapusin ang kurso ng mga kapatid basta isa lang ang alam kosa ngayon Masaya ako at nagpapasalamat na ECE ang pinili kong kurso.



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