Republic Act (RA 6969)
“Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990”
Updates on Policies, Requirements and Procedures
GERI-GERONIMO R. SAÑEZChief, Hazardous Waste Management Section
Environmental Quality DivisionEnvironmental Management Bureau
Outline of Presentation
• EMB Mandates
• Overview of RA 6969
– Title II: Chemicals Management
– Title III: Hazardous Waste Management
• Multilateral Environmental Agreements (MEAs)
• EMB Policy Updates
Environmental Management Bureau(EMB)
• Executive Order (EO) 192 - Reorganization ofDepartment of Environment, Energy and NaturalResources (DEENR) renaming it as the Department ofEnvironment and Natural Resources (DENR)
• Section 16: Creation of the EMB
Environmental Management Bureau(EMB)
Vision
A nation empowered to protectour finite resources, attuned tothe pursuit of sustainabledevelopment, for a clean andhealthy environment thatenhances the Filipino quality oflife for present and futuregenerations
Mission
To restore, protect andenhance environmental qualitytowards good public health,environmental integrity andeconomic viability.
EMB Mandates
P.D. 1586: The Philippine Environmental Impact Statement (EIS) System of 1978
R.A. 8749: The Philippine Clean Air Act of 1999
R.A. 9003: The Ecological Solid Waste Management Act of 2000
R.A. 9275: The Philippine Clean Water Act of 2004
R.A. 6969: Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990
R.A. 9512: Environmental Awareness and Education Act of 2008
Under E.O. 192, EMB is also mandated to provide research and laboratory
services, and serve as secretariat in the adjudication of pollution cases.
Republic Act (RA) 6969“Toxic Substance and Hazardous and Nuclear Waste Control Act of 1990”
Management of industrial chemicals and hazardous wastes in all aspects of its life cycle, “cradle to grave”- generation,
transportation, treatment, storage and disposal.
Title II
Chemicals Management
AGENCY CHEMICALS BASED ON USAGE Examples
DENR - EMB Industrial Chemicals Mercury, Formaldehyde, Lead, Benzene etc.
PDEA Dangerous Drugs KetamineAmineptine
DA - FPA Fertilizers and Pesticides (Agricultural Use)
EndosulfanChlorothalonil
DOST – PNRI Radioactive Chemicals CesiumCobaltIridium
DOH - FDA Chemicals for human consumption
Nicotine SulphateVitamins
PNP Explosives Aluminum NitrateAmmonium AcetateIron Nitrate
GOVERNMENT AGENCIES REGULATINGCHEMICAL SUBSTANCES
Title II: Chemical Management
• Philippine Inventory of Chemicals and Chemical Substances (PICCS)
• Pre-Manufacture Pre-Importation Notification (PMPIN)
• Priority Chemicals List (PCL)
• Chemical Control Order (CCO)
Philippine Inventory of Chemicals and Chemical Substances (PICCS)
Database of all existing chemicals in the Philippinesnominated since December 1993
▪ chemical names (IUPAC)* and its Chemical AbstractService Number (CAS No.)
▪ CAS Registry Index Number
▪ common name of the chemical or substance
*International Union of Pure and Applied Chemistry
Pre-Manufacture Pre-Importation Notification (PMPIN) Compliance Certificate / Small-Quantity Importation (SQI) Clearance
Applicable to all new industrial chemicals not listed in thePICCS
▪ PMPIN Compliance Certificate: in quantity exceeding1,000 kg/year (online)
▪ SQI Clearance: quantity less than 1,000 kg/year(manual at the respective Regional Office)
Priority Chemical List (PCL)Compliance Certificate
• Forty-eight (48) chemicals and its compounds considered to bestrictly regulated e.g. Chromium, Cadmium, Benzene,Chloroform, Arsenic, Formaldehyde, etc.
• Requires special reporting due to its significant toxic effectseither acute or chronic
There are 48 regulated chemicals that are required to comply with submissionof additional information for PCL Compliance Certificate under EMC 2007-23
Chemical Control Order (CCO)
DA0 97-38: CCO for Mercury and its compoundsregulated or limited use – Minamata Convention
DAO 97-39: CCO for Cyanide and its compoundsregulated or limited use
DAO 2000-02: CCO for Asbestosregulated or limited use – Rotterdam Convention
DAO 2000-18: CCO for Ozone Depleting Substances (ODSs)phase-out (2010) – Montreal Protocol
DAO 2004-01:CCO for Polychlorinated Biphenyls (PCBs)phase-out (2014) – Stockholm Convention
DAO 2013-24: CCO for Lead and Lead Compoundsregulated or limited use
SQI
PICCS (47,023)
PCL (48)
CCO (6)
New Chemicals
SQI PMPIN
16 Sections – Safety Data Sheet (SDS) to be attached in all permit and clearance applications
GHS IMPLEMENTATION THRU HAZARD COMMUNICATION AND CLASSIFICATION
6 elements for GHS Labels: substance identifier, symbol, signal word, hazard statement, precautionary statement and supplier.
DENR – EMB has already issued the lists for PCLs/CCOs and High Volume Chemicals (HVCs) for GHS implementation in 2016 and 2017. Currently, the review and research of dangerous goods for IATA and IMDG to comply with GHS is being conducted.
A world without GHS means……
EU
China
AustraliaMalaysiaSouth AfricaFlammability Symbol
危 JapanCanada
U.S.A.
SQI
Globally Harmonized System (GHS) Label
Provide information on industrial and commercial products to protect health and safety
Flammability
Health Reactivity
Special
Information
Safety Data Sheet (SDS)
DAO 2015-09 Rules and Procedures for the Implementation of the Globally Harmonized System of Classification and Labeling of Chemicals (GHS) in Preparation of Safety Data Sheet (SDS) and Labeling Requirements of Toxic Chemical Substance
EMB MC 2015-002 Harmonization of Registration Forms, Issued Certificates and Procedures for Chemical Control Orders (CCOs), and Small Quantity Importation (SQI)
EMB MC 2015-004 Clarifications to the Chemical Control Order (CCO) for Polychlorinated Biphenyls (PCBs)
EMB MC 2015-005 Clarifications on the Prohibited Uses of Lead and Lead Compounds under DAO 2013-24, “Chemical Control Order (CCO) for Lead and Lead Compounds”
EMB MC 2015-007 Technical Guidance Document on Polychlorinated Biphenyls (PCBs) Management
EMB MC 2015-011 Guidance Manual for DAO 2015-09 (Rules and Procedures for the Implementation of the Globally Harmonized System (GHS) of Classification and Labeling of Chemicals in Preparation of Safety Data Sheet (SDS) and Labeling Requirements of Toxic Chemical Substances)
EMB MC 2016-003 Implementation of Online Processing of Priority Chemical List (PCL)
and Pre-Manufacture Pre-Importation Notification (PMPIN) under the
Title II of DENR AO 29, Series of 1992, of RA 6969
EMB MC 2016-010 Clarification on the Prohibition of Paints with Lead and Lead
Compounds Used for Children’s Toys and Related Products
EMB MC 2016-011 Instructions on the Implementation and Enforcement of the Devolved
Functions Under the DENR Memorandum Circular 2002-12
EMB MC 2017-007 Clarification on the Coverage of Laboratory Facilities under DAO
2007-23 (PCL)
EMB MC 2017-009 Clarifications on Permitting Regulations for Small Quantity
Importation (SQI), Pre-Manufacture Pre-Importation Notification
(PMPIN), Priority Chemical List (PCL) and Chemical Control Orders
(CCO)
EMB MC 2017-010 Clarifications on Permitting Regulations for Small Quantity
Importation (SQI), Pre-Manufacture Pre-Importation Notification
(PMPIN), Priority Chemical List (PCL) and Chemical Control Orders
(CCO)
POLICY UPDATES
• DAO for the 3RD Tranche or Version of Priority Chemical List (PCL) – For finalization.
• DAO for the Revised CCO for Mercury – Endorsed to the Office of the Secretary, DENR.
• DAO for Polymer & Polymer of Low Concern Exemption to the PMPIN Process – Endorsed to the Office of the Secretary, DENR.
• DENR MC for the Amendment of DENR MC 2002-12 for the issuance of Importation Clearance of Sodium Cyanide –Approved and now being implemented.
National Action Plan (NAP) for the Phase-out of Mercury-
added Products and Sound Management of Waste
Containing Mercury
DEVELOPMENT OF THE NAP FOR MAPS
- The National Action Plan has been the product ofa collaborative process between differentgovernment agencies and stakeholders
▪ Establishment of a project Steering Committee(PSC) and an Inter-Agency Technical WorkingGroup (IAWTG)
▪ NAP Preparation Workshop – April 11-12,2019▪ Minamata Learning Visit- April 21-26,2019▪ NAP Validation Workshop- June 04,2019
THE NATIONAL ACTION PLAN FOR MERCURY-ADDED PRODUCTS (MAPs)
▪ Designed for a 5-year full implementation (2019-2023)
▪ Activities were classified into 5 key categories :
1. Policy
2. Strengthening Capacities
3. Quality Data and Evidence
4. Innovation and implementation
5. Partnerships advocacy
POLICY
- Composed of activities related to policy formulation andissuances.
▪ Gap Analysis of existing policies to come-up with specificapplicable policies and procedures in relations for thephase-out of MAPs and proper management of wastecontaining mercury.
▪ Concerned government agencies to issue draft policiesrelated to MAPs for public comments.
STRENGTHENING CAPACITIES
- Activities that will support for enhanced capacities topromote and adopt the provisions of the Convention and theimplementation of the policies to be issued.
▪ Institutionalize a Technical Working Group on MAPs underIACEH (Chaired by EMB-DENR, Co-Chaired by FPA-DA,Secretariat – DOH).
▪ Establishment of MAPs inventory system for phase-out.
▪ Purchasing of equipment for mercury testing.
▪ Training and Capacity Building
QUALITY DATA AND EVIDENCE
Comprise of mechanisms on monitoring and evaluation ofthe implementation of the activities specified in theNational Action Plan in accordance to the provision ofArticle 21.▪ Notification to World Trade Organization.▪ Monitoring and Evaluation, Assessment and Planning of
the activities of NAP.▪ Accreditation of laboratories for competence testing of
mercury levels in MAPs (ISO 17 025) .
INNOVATION AND IMPLEMENTATION
Includes research and development, identification of technologiesand approaches for the betterment of the implementation of theprovision of the Convention specifically on Article 4, 10, 11 and 12.
▪ MOA for systematic monitoring of MAPs (Systematic collectionof data of MAPs from members of the PSA and TWG membersme on MAPs under IACEH; data from companies).
▪ MOA regarding interim storage- interagency and up to disposal.
▪ Establishment of storage facility of confiscated MAPs inaccordance to Minamata Convention Guidelines on interimstorage (Upon ratification)
▪ Operationalization of Lamp Waste Management Facility
▪ Identification and Remediation action goals for HgContaminated Areas
INNOVATION AND IMPLEMENTATION
PARTNERSHIPS ADVOCACY
Consist of different activities for Information disseminationand education targeting ordinary citizens, private sectors andother stakeholders.
▪ Advocate for ratification of the Minamata Convention
▪ Develop/Create a generic communication plan (5yr) asbasis for all IEC by IATWG
▪ Identify communication plan using quad media approachper agency (print/face-face/broadcast/social media)
Title III
Hazardous Waste
Management
» Classification of Hazardous Wastes» Registration of Hazardous Waste
Generators, Transporters, and Categories of Treatment, Storage and Disposal (TSD) Facilities
» Importation of Recyclable Materials Containing Hazardous Substances
» Export of Hazardous Wastes
DAO 2013-22
Responsibilities of HW Generators
▪ Register as HW Generator
▪ Designate a Pollution Control Officer (PCO)
▪ Determine if wastes are hazardous
▪ Submit reports to EMB Regional Office
▪ Responsible for storage and labeling of wastes
▪ Submit Contingency and Emergency Plan
▪ Conduct personnel training
Category RegistrationDesignation
of PCOReporting
Storage and
Labeling
Storage
Time Limit
Manifest
System
Contingency
PlanningTraining
Large quantity
generatorsYes Full time Quarterly Yes 6 months Yes Yes Yes
Medium quantity
generators
Small quantity
generators
Yes
Yes
Full time
Full-time
Semi-Annual
Annual
Yes
Yes
1 year
1 year
Yes
Yes
Yes
Yes
Yes
Yes
Compliance Requirements of HW Generators
Hazardous Waste Generators ID
Responsibilities of HW Transporters
▪ Register as HW Transporter
▪ Drivers and helpers must have appropriate competency on Hazardous Waste Management
▪ Contingency and Emergency Plan
▪ Environmental Guarantee Fund
▪ Valid contract with registered TSD facility(ies)
▪ Designate a Pollution Control Officer (PCO)
Transporter Registration Certificate
Permit To Transport
Responsibilities of TSD facilities
▪ Register as TSD Facility
▪ Designate a Pollution Control Officer (PCO)
▪ Comply with the waste acceptance requirements and the Manifest System
▪ Submit residuals management plan including contract with DENR-registered sanitary landfill
▪ Prepare and implement an emergency contingency plan
▪ Conduct personnel training
▪ Valid contract with registered transporter(s)
TSD Registration Certificate
Categories of TSD Facilities
Category Type
A Onsite Treatment and Disposal Facilities
B Thermal Treatment Facilities
C Disposal Facilities
D Recycling Facilities
E Chemical Treatment Facilities
F Storage Facilities
Category A
Facilities that conduct on-site treatment and disposal ofhazardous wastes generated within the facility that employsor utilizes technologies from Categories B to E
Categories of TSD Facilities
Category B
Facilities that commercially treat industrial hazardous wastes using thermal technologies either burn or non-burn
B.1 Burn technologies such as plasma arc, pyrolysis, gasification, rotaryor fluidized bed incinerator, cement kiln, etc.
B.2 Non-burn technologies such as autoclave, microwave, sterilization,hydroclave, irradiation, etc.
Categories of TSD Facilities
Category C
Landfills that only accept hazardous wastes for final disposal
C.1 Facilities that accept only inert or treated hazardous wastes for finaldisposal in a dedicated cell
C.2 Facilities that accept hazardous wastes for final disposal such assolidified, encapsulated wastes, etc. under Class K
Categories of TSD Facilities
Category D
Facilities that recycle or reprocess hazardous waste, which are notgenerated or produced at the facility
D.1 Facilities include those that recover valuable materials, i.e. used orwaste oil, solvents, acids, alkalis, metals, etc.
D.2 Facilities include those that use hazardous wastes as input materials oralternative fuel for industrial processes
D.3 Facilities include those that remediate or land-farm contaminated soilthru physical, chemical or biological treatment.
Categories of TSD Facilities
Category E
Facilities that accept and treat hazardous wastes, which are not generated orproduced at the facility using immobilization, encapsulation, polymerization,or similar processes.
Facilities include those that receive hazardous wastes outside the premisesand transform physical or chemical characteristics of the hazardous wastesby physico-chemical or thermal treatment to dispose them into facilities inCategory C
Categories of TSD Facilities
E-1 Facilities to solidify organic sludge, ashes, and other hazardous wastes
E-2 Facilities to solidify inorganic sludge, ash, and other inorganichazardous wastes
E-3 Physico-chemical treatment facilities including neutralization,oxidation, and reduction of waste acid, waste alkali, or waste solutioncontaining cyanide or chromium
E-4 Facilities that chemically treat PCB
E-5 Facilities that chemically treat infectious or pathogenic wastes
E-6 Facilities that decontaminate containers that used to contain chemicalsand hazardous wastes
Categories of TSD Facilities
Category F
Facilities that store hazardous wastes, which were not generated fromthe facility awaiting treatment, disposal, or export such as:
F.1 Material Recovery Facilities
F.2 Buildings to store containers, vessels, or tanks containing hazardouswastes
F.3 Built tanks to store liquid hazardous wastes
Categories of TSD Facilities
Requirements for Exporter of Hazardous Wastes
❑ Submit Notification for EMB’s transmittal to the Competent Authority of the importing and transit countries
❑ Designate a PCO
❑ Comply with all the requirements of the Basel Convention
❑ Comply with the transport manifest system
❑ Comply with the storage and labeling requirements
❑ Shipment shall be accompanied by the movement document
❑ Contract between the exporter and the disposer
❑ Financial guarantee to cover cost for re-import or other measures that may be needed
Requirements for Importers of Recyclable Materials
❑ Register as Importer of recyclable materials containing hazardous substance at EMB Central Office
❑ Each shipment shall be covered by an Importation Clearance (IC) which shall be applied for at least thirty (30) working days prior to actual importation. NO IC, NO UNLOADING policy.
❑ Designate a PCO
❑ Comply with the storage and labeling requirements
❑ Comply with the waste manifest system
❑ Prepare an Emergency Contingency Plan
❑ Secure a TSD registration (in case the importer holds the materials for periods exceeding thirty (30) days)
Illegal shipment of wastes
© DENR-EMB
© DENR-EMB
© DENR-EMB
© DENR-EMB © DENR-EMB
©DENR-EMB
Technical Guidelines for Specific Categories of Treatment, Storage, and Disposal (TSD) Facilities
EMB MC 2016-002
• Serve as a guide for the minimum protocols and standards on the categorization of TSD facilities
• The intended users include those who will put up a TSD facility which will store, recycle, recover, treat, and dispose of hazardous wastes.
EMB MC 2016-002
Multilateral Environmental Agreements (MEAs)
• Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal
• Rotterdam Convention on Prior Informed Consent (PIC) on certain Hazardous Chemicals and Pesticides in the International Trade
• Stockholm Convention on Persistent Organic Pollutants (POPs)
• Montreal Protocol on the Substances that Depletes the Ozone Layer
• Minamata Convention on Mercury
PROJECTS (Completed/Ongoing)
• GEF/UNIDO Non-Com POPs Destruction Facility Project
• UNITAR Ratification and Early Implementation of the Minamata Convention on Mercury in the Philippines
• GEF/UNDP ULABs Management Project
Policy Updates
Technical Guidelines for Specific Categories of TSD Facilities
(EMB MC 2016-002)
• Serve as a guide for the minimum protocols and standardson the categorization of TSD facilities
• The intended users include those who will put up a TSDfacility which will store, recycle, recover, treat, and disposeof hazardous wastes.
Policy Updates
Guidelines on the Environmentally Sound Management (ESM) of Waste Electrical and Electronic Equipment (WEEE)
• aim to provide the framework mechanism for the appropriate management of WEEE and institutionalize the Extended Producer Responsibility (EPR)
• provide guidelines on distinguishing used or second-hand and e-waste
Policy Updates
Site Characterization Guidelines (EMB MC 2017-003)
Purpose: to address potential POPs contaminated sites in the Philippines
Provides:
• current available site assessment protocols
• process that identifies and allows the assessment of risks posed by potentially contaminated site
• process that insures successful management of contaminated sites
Policy Updates
Site Remediation Guidelines (EMB MC 2017-004)
Purpose: to address potential POPs contaminated sites inthe Philippines
Provides:
• current available remediation technologies
• advice on the environmental management of POPs contaminated sites and remediation activities
Policy Updates
Site Control Guidelines
• to address the management and control of contaminated sites to reduce or eliminate receptor exposure
• to identify site control options as part of contaminated site management
Useful Websites
• emb.gov.ph
• basel.int
• pic.int
• pops.int
• ozone.unep.org
• brsmeas.org
PSHWM | CE-WM 2019
4th Philippine Solid & Hazardous Waste
Management Conferencein conjunction with the
1st International Conference on Circular
Economy-based Waste Management10-13 December 2019, Tarlac City
Forging partnerships for a sustainable future
http://pshwm-cewm2019.website2.me/
Let’s Save the Future!!!
