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IMPLEMENTINGRULES AND

REGULATIONS OFREPUBLIC ACT 6969

RA 6969

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RA 6969

Toxic Substances

and Hazardous and

Nuclear Wastes

Control Act of 1990

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SECTION 2. DeclarationPolicy

Regulate, restrict or prohibit theimportation, manufacture,processing, sale, distribution, useand disposal of chemical substancesand mixtures that presentunreasonable risk and/or injury tohealth or the environment;

to prohibit the entry, even intransit, of hazardous and nuclearwastes and their disposal intoPhilippine territorial limits forwhatever purpose; and

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SECTION 2. DeclarationPolicy

to provide advancement and

facilitate research and studieson toxic chemicals andhazardous; and nuclear

wastes.

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SECTION 5. Administrative andEnforcement

Secretary of the Department of Environmentand Natural Resources

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SECTION 6. Definitions

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SECTION 7. Powers and functions of theDepartment of the Environment and Natural

Resources.

a) To keep an updated inventory of chemicalsthat are presently being manufactured orused, indicating among others, their existingand possible uses, quantity, test data,names of firms manufacturing or using

them, and such other information as thesecretary may consider relevant to theprotection of health and the environment;

b) To require chemical substances andmixtures that present unreasonable risk orinjury to health or to the environment to betested before they are manufactured orimported for the first time;

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SECTION 7. Powers and functions of theDepartment of the Environment and Natural

Resources.

c) To require chemical substances andmixtures which are presently beingmanufactured or processed to betested if there is reason to believe thatthey pose unreasonable risk or injury tohealth and the environment;

d) To evaluate the characteristics ofchemicals that have been tested todetermine their toxicity and the extentof their effects on health and theenvironment;

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SECTION 7. Powers and functions of theDepartment of the Environment and Natural

Resources.

e) To enter into contracts and make grants forresearch, development and monitoring of chemicalsubstances and mixtures;

f) To conduct inspection of any establishment inwhich chemicals are manufactured, processed,stored or held before or after their commercialdistribution and to make recommendations to theproper authorities concerned;

g) To confiscate or impound chemicals found notfalling within the standards set by these Rules andRegulations and the said acts cannot be enjoinedexcept after the chemicals have been impounded;

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SECTION 7. Powers and functions of theDepartment of the Environment and Natural

Resources.

h) To monitor and prevent the entry, evenin transit, of hazardous and nuclear wastesand their disposal into the country;

i) To subpoena witness and documents and

to require other information if necessary tocarry out the provisions of this Act;

j) To call on any department, bureau,

office, agency, state university or college,and other instrumentalities of theGovernment for assistance in the form ofpersonnel, facilities and other resources asthe need arises in the discharge of its

functions;

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SECTION 7. Powers and functions of theDepartment of the Environment and Natural

Resources.

k) To disseminate information andconduct educational awarenesscampaign on the effects of chemicalsubstances, mixtures and wastes on

health and environment; and

l) To exercise such powers and

perform such other functions asmay be necessary to carry out itsduties and responsibilities under RA6969.

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SECTION 8. Delegation of Powers andFunctions of the Secretary

1. The secretary may appoint and ordeputize officers subjects to

conditions, limitations, or

restrictions as may be prescribed by

him.

2. Environmental Protection Officer.

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SECTION 10. Confiscation,Impoundment and Imposition of

Administrative Fines

Confiscation, Impoundment and

Imposition of Administrative Fines.

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SECTION 11. Ex-Parte Order ofConfiscation or Impoundment

ten (10) days - Ex-Parte Order of

confiscation or impoundment

fifteen (15) days - motion for

reconsideration shall be

resolved

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SECTION 12. Composition of theInter-Agency Technical Advisory

Council.

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 Secretary of Foreign Affairs - Member

Secretary of Labor and Employment - Member

Secretary of Finance - Member

Secretary of Agriculture - Member

Director of Philippine Nuclear Research Institute -

Member Representative from non-governmental organization

on health and safety - Member

The representative from the non-governmental organization

shall be appointed by the President for a term of three(3) years.

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SECTION 13. Functions of theCouncil.

a. To assist the Department in the formulation of these rules

and regulations for the effective implementation of RA 6969;

b. To assist the Department in the preparation and updating of

the inventory of chemical substances and mixtures that fall

within the coverage of RA 6969;

c. To conduct preliminary evaluation of the characteristics of

chemical substances and mixtures to determine their toxicity

and effects on health and the environment and make the

necessary recommendations to the Department; and

d. To perform such other functions as the Secretary may, from

time to time, require.

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SECTION 14. Chemical SubstancesInventory

1. The Secretary or his duly authorized representative shallcause 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 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 an updated listing of the inventory

comprising the chemical substances name its CAS number.

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SECTION 15. Pre-Manufacturing andPre-Importation Data Requirements.

(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)

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SECTION 15. Pre-Manufacturing andPre-Importation Data Requirements.

(h) the following physical characteristics(if applicable)

(i) boiling point;

(ii) melting point;

(iii) specific gravity;

(iv) vapor pressure;

(v) appearance;

(vi) odor; (vii) purity; and

(viii) water/octanol partitioncoefficient;

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SECTION 15. Pre-Manufacturing andPre-Importation Data Requirements.

(i) the following chemical properties (ifapplicable)

(i) solubility in water; and

(ii) solubility in an organic solvent;

(j) the following toxicological data (if applicable)

(i) measured lethal dose (median) in twospecies;

(ii) measured lethal concentration (median)

in two species; (iii) results of an irritation test on the skin

and eyes of species; and

(iv) results of a short-term sub-lethal toxicitytest on one species.

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SECTION 15. Pre-Manufacturing andPre-Importation Data Requirements.

(k) 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 mutagenicproperties;

(p) the name and address of the nominating person; and

(q) the anticipated volume in cubic meters or weight in

tones, per annum of the chemical substance beingused, stored, manufactured, processed, offered forsale or sold, transported, imported and exported bythe nominating person.

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(a) chemical name(b) trade name or names

(c) chemical structure

(d) CAS number(e) anticipated volume in cubic meters, or

weight in tones annum of chemicals

being nominated.

(f) name and address of nominating

person.

SECTION 16. Nomination ofExisting Chemicals.

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SECTION 17. Notification of NewChemicals

1. After 31 December 1993, a chemical substance which isnot included in the chemical inventory shall beconsidered as new chemical substance.

2 At least one hundred and eighty (180) days before

departure

3. accompanied with the payment of the prescribed fee.

4. The notification which does not comply with therequirement of Section 17(3) will not be acted and/oraccepted

5. new chemical substance not comply with the

requirements the data are of dubious quality

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SECTION 18. Assessment ofChemicals.

1. 90 days to determine whether

a. to add the chemical substance to the chemicalinventory;

b. to seek further information to any person forthe purpose of assessing public health andenvironmental risk posed by the use, storagemanufacture, import, process or transport ofthe chemical substance or;

c. To issue Chemical Control Order in accordance

to Section 20 of these Rules and Regulations.

2. The Departure shall notify the applicant inwriting of its decision.

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SECTION 19. PriorityChemicals List.

1. The Department shall compile and may amend fromtime to time a list be known as the Priority ChemicalsList.

2. The Department may determine which chemicalsubstance from the chemical inventory should be

included, deleted or excluded from the PriorityChemicals List.

3. The Department shall publish in the Official Gazette ornewspaper of general circulation the Priority Chemicals

List and any amendments and deletions to the List.

4. The Department may require information from anyperson for the purpose of assessing the public andenvironmental risk posed by the use, storage,manufacture, import, process or transport of the

priority chemicals.

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SECTION 21. Chemicals Subject toTesting.

1. Testing shall be required in all cases where:

a. chemical substances or mixture may present anunreasonable risk to health environment;

b. There is insufficient data and experience for

determining or predicting the health andenvironmental effects of the chemical substance ormixture; and

c. The testing of the chemical substance or mixture isnecessary to develop such data.

2. The manufacturers, processors or importers ofsuch chemicals subjected to testing shallshoulder the costs of testing the chemicalsubstance or mixture.

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SECTION 22. Exemptions.

1. Those chemicals already included in the PhilippineInventory of Chemicals and Chemical Substances;

2. Those to be produced or used in small quantities

solely experimental or research and developmentpurposes;

3. Those that are reaction intermediates which do not

leave the closed production system or undergointermediate storage during the reaction process;

4. Those chemical substances that are regulated by

laws other than RA 6969.

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SECTION 23. Confiscation.

a. does not comply with the Chemical ControlOrder; or

b. poses an immediate threat or hazard to

public health and safety of theenvironment.

Any costs incurred by the Department under Section

23(1) shall be reimbursed by the occupier of the

premises from which the Environmental Protection

Officer impounded or confiscated the chemical

substance.