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Presidential Decree No. 1152:


The Philippine
Environmental Code

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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 USE
Land 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

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information can be used to develop solutions for natural resource management issues
such as salinity and water quality.

II. AIR QUALITY


Air pollution is the introduction into the atmosphere of chemicals, particulate
matter, or biological materials that cause discomfort, disease, or death to humans,
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 Quality

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Water 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.
CATEGORIES of WATER QUALITY
A. 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 quality
Environmental water quality, also called ambient water quality, relates to
water bodies such as lakes, rivers, and oceans. Water quality standards for

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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.
SAMPLING and MEASUREMENT of WATER QUALITY STANDARD

A. 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

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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 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 emergencies


Inevitably 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.

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C. Chemical analysis
The 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 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

Dissolved

(sodium, chloride, potassium, calcium, manganese, magnesium),


metals

organics: colored

and

metalloids

dissolved

organic

(lead, mercury, arsenic),

Dissolved

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

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Total dissolved solids (TDS)

Odor of Water

Color of water

Taste of Water

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

IV.

Ephemeroptera,

Plecoptera

Trichoptera

Escherichia Coli or E.Coli or E.coli

Coliform

WASTE MANAGEMENT
Waste

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

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of natural

resources.

All

wastes

are solid, liquid, gaseous or radioactive fall

materials,
within

the

whether
remit

of

they
waste

managementWaste management practices can differ for developed and developing


nations, for urban and rural areas, and for residential and industrial producers.

A. Methods of Disposal
1. 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. Incineration
Incineration 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

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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 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. Recycling
Recycling 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. Sustainability
One 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 reprocessing
Recoverable 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.

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6. Energy recovery
The energy content of waste products can be harnessed directly by using
them as a direct combustion fuel, or indirectly by processing them into 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 recovery
Resource 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 methods
An 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. Technologies

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Traditionally 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


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 pickups.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 Concepts


There 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 MANAGEMENT


Natural

resource

management refers

to

the

management

of natural

resources such as land, water, soil, plants and animals, with a particular focus on

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how management affects the quality of life, for both present and future generations
(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,

scientific

principle

that

forms

basis

forsustainable global land management and environmental governance to conserve


and preserve natural resources.

A. OWNERSHIP REGIME
1. 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 Regime


Any 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 Regimes


It 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.

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4. Non-property Regimes (open access)


It is said that "Everybody's property is nobodys property". This
ownership regime is often linked to the tragedy of the commons.
5. Hybrid Regimes
Many 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 APPROACHES
1. 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.

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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,
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 MODELLLING


There 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 Frameworks
This 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 I
AIR 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 I
Standards
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 control technology
available, location and land use, and the nature of pollutants emitted.

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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 II
Regulation 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.
Section 10. Vehicular Emissions. The Land Transportation Commission, in
coordination with the National Pollution Control Commission, shall implement

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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 III
Monitoring
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 II
WATER 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
(d) responsibilities for surveillance and mitigation of pollution incidents.

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Chapter I
Classification 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.

Chapter II
Protection and Improvement of Water Quality

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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, waterborne 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 III
LAND 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.
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.

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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.

TITLE IV
NATURAL RESOURCES MANAGEMENT AND CONSERVATION

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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 I
Fisheries 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 II
Wildlife
Section 28. Management Policy. The national government through the Department of
Natural Resources, shall establish a system of rational exploitation and conservation

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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 III
Forestry 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
(d) carrying out a continuing effect on reforestation; timber stand improvement;
forest protection; land classification; forest occupancy management; agri-

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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 IV
Flood 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.
Section 35. Measures to Mitigate Destructive Effects of Calamities. The national
government, through the Philippine Atmospheric, Geophysical and Astronomical

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

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Chapter VII
Mineral 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 V
WASTE 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.

Chapter I
Enforcement and Guidelines

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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 II
Methods 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.
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

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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 III
Methods 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.

TITLE VI
MISCELLANEOUS PROVISIONS
Section 52. Population-Environment Balance. In the assessment of development
projects, the National Environmental Protection Council, hereinafter referred to in this

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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 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

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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:
(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.

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(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.
(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.

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TITLE VII
FINAL 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

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DENR ADMINISTRATIVE ORDER


No. 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 Rules
and Regulations of Republic Act 6969.

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


or prohibit
the importation, manufacture, processing, sale, distribution, use and disposal
of chemical
substances and mixtures that present unreasonable risk and/or injury to
health or the
environment; to prohibit the entry, even in transit, of hazardous and nuclear
wastes and their
disposal into Philippine territorial limits for whatever purpose; and to provide
advancement and
facilitate 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 all
unregulated chemical substances and mixtures in the Philippines including the
entry, even in
transit, as well as the keeping or storage and disposal of hazardous and
nuclear wastes into the
country for whatever purpose.
Section 4. Construction. These Rules and Regulations shall be liberally
construed to
carry out the national policy to regulate, restrict or prohibit the importation,
manufacture,

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processing, sale, distribution, use and disposal of chemical substance and


mixtures that present
unreasonable risk and/or injury to health or the environment; to prohibit the
entry, even in
transit, of hazardous and nuclear wastes and their disposal into the Philippine
territorial limits for
whatever purpose and to provide advancement and facilitate research and
studies on toxic
chemicals and hazardous and nuclear wastes.
Section 5. Administrative and Enforcement. These Rules and Regulations shall
be
administered by the Secretary or his duly authorized representative or through
any other
department, bureau, office, agency, state university or college and other
instrumentalities of the
government for assistance in the form of personnel, facilities and other
resources as the need
arises in the discharge of its functions.
Section 6. Definitions. The following words and phrases when used in these
Rules and
Regulations shall, unless the context clearly indicates otherwise, have the
following meanings:
1.CAS means Chemical Abstracts Service, a uniquely identifying number of
adopted

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internationally which permits one to generate toxicological information from a


computer
base.
2.Chemical Substance means any organic or inorganic substance of a
particular
molecular identity excluding radioactive materials and includes any element
or
uncombined chemical; and any combination of such substances; or any
mixture of two
or more chemical substances.
3."Chemical mixture" means any combination of two or more chemical
substances if the
combination does not occur in nature and is not, in whole or in the past, the
result of
chemical reaction, if none of the chemical substances and if the combination
could have
been manufactured for commercial purposes without a chemical reaction at the
time the
chemical substances comprising the combination were combined. This shall
include
nonbiodegradable 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 the
Secretary to execute the provisions of these Rules and Regulations subject to
conditions, 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
skin
absorption, corrosivity or other skin or eye contact hazard or the risk of fire or
explosion;
b)long-term environmental hazards, including chronic toxicity upon repeated
exposure, carcinogenicity (which may in some case result from acute exposure
but with a long latent period, resistance to detoxification process such as
biodegradation, the potential to pollute underground or surface waters, or
aesthetically 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
of origin for dumping or disposal into or in transit through any part of the
territory of the
Philippines.

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Hazardous wastes shall also refer to by-products , side-products, process


residues,
spent reaction media, contaminated plant or equipment or other substances
from
manufacturing operations and as consumer discards of manufactured
products which
present 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
(through
the 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 for
direct consumption, merchandising, warehousing, for further processing.
9. Inert waste means any waste that, when placed in a landfill is reasonably
expected
not to undergo any physical, chemical, and/or biological changes to such an
extent as to
cause pollution or hazard to public health and safety.
10. New Chemicals means any chemical substance imported into or
manufactured in the
country after December 31, 1993 and which are not included in the Philippine
Inventory
of Chemicals and Chemical Substances as published by the Department.

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40

11."Nuclear wastes" are hazardous wastes made radioactive by exposure to the


radiation
incidental to the production or utilization of nuclear fuels but does not include
nuclear
fuel, or radioisotopes which have reached the final stage of fabrication so as to
be
usable for any scientific, medical, agricultural, commercial, or industrial
purpose.
12."Manufacture" means the mechanical or chemical transformation of
substances into
new products whether work is performed by power-driven machines or by
hand, whether
it is done in a factory or in the workers home, and whether the products are
sold at
wholesale 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
activities for:
a .Toxic chemicals importation, storage, manufacture, processing, selling,
transport and disposal

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b .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 and
obligations or of being the subject of legal relations.
16. Pollution means any alteration of the physical, chemical, biological
properties of any
water, 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 of
objectionable odor, as will or is likely to create or to render such water, air
and/or land
resources harmful, detrimental or injurious to public health, safety or welfare,
or which
will adversely affect their utilization for domestic, industrial, agricultural,
recreational or
other legitimate purposes.
17. Premises shall include but not limited to:
a) building or part of a building;
b) a tent, stall or other structure whether permanent or temporary;
c) land;

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d) vehicle;
e)
boat or ship
18. "Process" means the preparation of a chemical substance or mixture after
its
manufacture 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


Natural
Resources.
20. Transport includes conveyance by air, water and land.

21. Waste generator means a person who generates or produces, through any
commercial, industrial or trade activities, hazardous wastes.
22. Waste transporter means a person who is licensed to treat, store, recycle,
or dispose
of hazardous wastes.

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23.Waste treater means a person who is licensed to treat, store, recycle, or


dispose of
hazardous wastes.

24. Unreasonable risk means expected high frequency of undesirable effects


or adverse
responses arising from a given exposure to a substance.
Chapter II
Administrative Provision
Section 7. Powers and Functions of the Department of Environment and
Natural
Resources. The Department of Environment and Natural Resources shall be
tasked with the
following functions, powers and responsibilities:
a) To keep an updated inventory of chemicals that are presently being
manufactured or used, indicating among others, their existing and possible
uses,
quantity, test data, names of firms manufacturing or using them, and such
other
information as the Secretary may consider relevant to the protection of health
and the environment;

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44

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
manufactured
or 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 they
pose 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
manufactured, processed, stored or held before or after their commercial
distribution 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 after
the chemicals have been impounded;

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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 if
necessary 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 of
personnel, facilities and other resources as the need arises in the discharge of
its
functions;
k)To disseminate information and conduct educational awareness campaign on
the
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
necessary
to carry out its duties and responsibilities under RA 6969.
Section 8. Delegation of Powers and Functions of the Secretary
1.

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The Secretary may appoint and/or deputize officers subject to conditions,


limitations or
restrictions 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 to
make recommendations to the proper authorities concerned;
b. conduct inspection of any premises in which hazardous wastes are being
generated, stored, processed, reprocessed, recycled, treated and/or disposed of
and to make recommendations to the proper authorities;
c. stop, detain, inspect, examine and remove to some suitable place for
inspection
and examination any vehicle or boat that is believed to being or likely to be
used
for the transport of chemical substances and hazardous and nuclear wastes
subject to pertinent provisions of these Rules and Regulations;
d. monitor and prevent the entry, even in transit, of hazardous and nuclear
wastes
and their disposal into the country;
e. subpoena witnesses and documents and to require other information if
necessary 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
and

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Regulations; and
b. appointed of an Environmental Protection Officer.
Section 9. Duties and Responsibilities of an Environmental Protection Officer.
An
Environmental Protection Officer shall have the following duties and
responsibilities:
a. To make such examination or inquiry as is necessary to determine whether
these
Rules and Regulations are being complied with.
b.To enter any premises in which he reasonably believes that chemical
substance
or hazardous waste are being used, manufactured, stored, processed,
reprocessed, generated, treated, transported or disposed of and may
i.without payment take or require the occupier or person in charge of the
premises or person in possession of any chemical substance to give the
Environmental Protection Officer samples of the chemical substance for
examination and testing subject to pertinent provisions of these Rules and
Regulations.
ii.
require the production of any relevant documents and inspect, examine
and make copies of or extracts from them or remove them to make a
copy of extract; and
iii.
take such photographs or audio or visual recordings as he considers
necessary.
c.

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To stop, detain, inspect, examine and remove to some suitable place for
inspection and examination any vehicle or boat that he believes is being or
likely
to be used for the transport of chemical substances and hazardous wastes
without the necessary permit from the Department.
d.
To require a person found committing an offense under these Rules and
Regulations to state the persons full name and address.
e.
To exercise such other duties and responsibilities as may be authorized by the
Secretary.
Section 10. Confiscation, Impoundment and Imposition of Administrative
Fines. Upon
receipt of a report from a duly authorized inspector or upon a verified
complaint from a private
person, the Secretary or his duly authorized representative shall order an
investigation or inquiry
in such a manner as he may determine on the alleged violation of any of the
provision of RA
6969 and these Rules and Regulations. If after investigation there appears to
be a violation of
any of the provisions of RA 6969 or these Rules and Regulations, the Secretary
or his duly

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authorized representative shall issue summons informing respondent/s of


nature of charges
against him and requiring the said respondent or respondents to appear before
him or his duly
designated representative for a conference for the purpose of determining
whether an Order for
confiscation or impoundment or fine should be issued.
Section 11. Ex-Parte Order of Confiscation or Impoundment. Whenever the
Secretary or
his duly authorized representative finds a prima facie evidence that the
violation presents
unreasonable risk and/or injury to health or the environment, the Secretary or
his duly
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 date
of confiscation or impoundment which Motion for Reconsideration shall be
resolved within
fifteen (15) days from receipt of the same.
Chapter III
Inter-Agency Technical Advisory Council
Section 12. Composition of the Inter-Agency Technical Advisory Council. The

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interagency Technical Advisory Council shall be composed of the following


officials or their duly
authorized 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
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 organizations
On health and safety Member

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The representative from the non-governmental organization shall be appointed


by the
President 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
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.
Title II. Toxic Chemical Substances
Chapter IV

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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
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 and
its CAS
number
Section 15. Pre-manufacturing And Pre-Importation Data Requirements
1.
The desired information for a nomination of a chemical substance under
Section 16 and

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the required information for a notification of a chemical substance under


Section 17 shall
comprise
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;
iv. vapor pressure;
v. appearance;
vi. odor;
vii. purity; and
viii. water/octanol partition coefficient;
i. the following chemical properties (if applicable)
i. solubility in water; and
ii. 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 species

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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 mutagenic properties;
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 being used, stored, manufactured, processed, offered for
sale or sold, transported, imported and exported by the nominating person.
2.
The documents containing the above information shall be considered as public
document.
Section 16. Nomination of Existing Chemicals
1.
Until 31 December 1993, a person shall submit to the Department for
inclusion in the
Philippine Inventory of Chemicals and Chemical Substances, a list of chemical
substances which are currently used, sold, distributed, imported, processed,
manufactured, stored, exported or transported in the Philippines in a form as
may be
provided by the Department.
2.
The person who nominates a chemical substance shall provide as much
information as
outlined in Section 15 of these Rules and Regulations and that such
nomination shall

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contain the following minimum data:


a. chemical names
b. trade name or names
c. chemical structure
d. CAS number
e. anticipated volume in cubic meters, or weight in tones per annum of
chemicals
being nominated
f. name and address of nominating person.
3.
Chemical substances in the chemical inventory shall be regarded by the
Department as
existing chemical substances and, therefore, exempted from the provisions of
Section
17.
4.
The Department shall not accept any further nominations of chemical
substances under
this 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
chemical
inventory shall be considered as new chemical substance.
Unless exempted, any person who uses, stores, imports, manufactures,
transports or

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processes a chemical substance after 31 December 1993 which is not listed in


the
chemical inventory shall be liable for violation of Section 16 of these Rules and
Regulations 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
new chemical substance unless permitted by the Department. Permit shall be
granted
under 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; and
b. 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 by
the 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 be
acted and/or accepted.

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5.
The Department shall have the discretion not to include the new chemical
substance in
the chemical inventory if the information provided to the Department by the
person does
not fully comply with the requirements of Section 15 or the Department
suspects that the
data are of dubious quality.
6.
Any person who falsifies information on a chemical substance while
nominating an
existing 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
and
Regulations, 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 public
health 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
and
Regulations.
2.

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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
the Priority Chemicals List.
2.
The Department may determine which chemical substance from the chemical
inventory
should be included, deleted, or excluded from the Priority Chemicals List.
3.
The Department shall publish in the Official Gazette or newspaper of general
circulation
the Priority Chemicals List and any amendments and deletions to the List.
4.
The Department may require information from any person for the purpose of
assessing
the 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,

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import or export of any new substance or a priority chemical poses an


unreasonable risk
or hazard to public health or the environment, the Department, may, by order
published
in the Official Gazette or any newspaper or general circulation:
a. prohibit the use, manufacture, import, export, transport, process,
storage,
possession or sale of the chemical substance;
b. limit the use, manufacture , import, export, transport, process, storage,
possession or sale of the chemical substances; or
c. place such controls or conditions on the use, manufacture, import,
export,
transport, process, storage, possession or sale of the chemical substance to
abate or minimize risks or hazards posed by the chemical substances on public
health and environment.
PRIME - M4
2. An order issued by the Department under Section 20(1) shall be known as
Chemical
Control Order.
Chapter V
Testing Requirements
Section 21. Chemicals Subject to Testing
1.
Testing shall be required in all cases where:

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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 health
and environmental effects of the chemical substance or mixture; and
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 from
the requirements of Section 17, 18 and 21 of these Rules and Regulations:
1.
Those chemicals already included in the Philippine Inventory of Chemicals and
Chemical
Substances;
2.
Those to be produced or used in small quantities solely for experimental or
research and

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development purposes;
3.
Those that are reaction intermediates which do not leave the closed production
system
or undergo intermediate storage during the reaction process;
4.
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 or
confiscation of any chemical substance and its conveyance and container if
there is
reasonable grounds to believe that:
a.
the sale, storage, possession, use, manufacture, transport, import, or export for
a
chemical substance does not comply with the Chemical Control Order; or
b.
the sale, storage, possession, use, manufacture, transport, import or export of
chemical substance poses an immediate threat or hazard to public health and
safety or the environment.
2.
Any costs incurred by the Department under Section 23(1) shall be reimbursed
by the

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occupier of the premises from which the Environmental Protection Officer


impounded or
confiscated the chemical substance.
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
hazardous
wastes and their disposal into the Philippine territorial limits for whatever
purpose.
2.
The Department encourages proper management of hazardous wastes
generated within
the country by promoting, in order of preference:
a. minimization of the generation of hazardous waste;
b. recycling and reuse of hazardous waste
c. treatment of hazardous waste to render it harmless; and
d. landfill of inert hazardous waste residues.
3. Hazardous waste shall be managed in such a manner as not to cause or
potentially

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cause
a. pollution;
b. state of danger to public health, welfare and safety;
c. harm to animals, bird, wildlife, fish or other aquatic life;
d. harm to plants and vegetation; or
e. 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 as
hazardous 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 these
Rules and Regulations.
3.
The listings provided for Tables 1 and 2 are not inclusive and shall be subject
to periodic
review.
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Page 14 of 27
Table 1. Prescribed Hazardous Wastes
Class Subcategory
Waste
Number
Plating Discarded plating solutions and salts with a cyanide A101
Wastes concentration of less than 200 ppm.
Discarded heat treatment solutions and salts with a
cyanide concentration of less than 200 ppm.
A102
Plating solutions and salts containing cyanides at a
concentration exceeding 200 ppm.
A103
Heat treatment solutions and salts containing
cyanides at a concentration exceeding 200 ppm.
A104
Complexed cyanide solutions and salts A105
Other cyanide wastes arising from the plating and
heat treatment industries
A199
Acid Waste Sulfuric Acid B201
Hydrochloric Acid B202
Nitric Acid B203
Phosphoric Acid B204
Hydrofluoric Acid B205

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Mixture of Sulfuric and


Hydrochloric Acid
B206
Other inorganic acids B207
Organic acids B208
Other mixed acids B299
Alkali Wastes Caustic soda C301
Potash C302
Alkaline cleaners C303
Ammonium Hydroxide C304
Lime slurries C305
Lime-neutralized metal sludges C306
Other alkaline materials C399
Inorganic
Chemical
Wastes
Nontoxic salts
Arsenic and its compound
Boron compounds
D401
D402
D403
Cadium and its compounds
Chromium compounds
Lead compounds
Mercury and mercuric compounds
Other salts and complexes

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D404
D405
D406
D407
D499
Reactive
Chemical
Wastes
Oxidizing agents
Reducing agents
Explosive and unstable chemicals
Highly reactive chemicals
D501
D502
D503
D599
Paints/ Aqueous-based E601
Resins/ Solvent-based E202
Latices/inks
Dyes/Adhesives/
Organic
Sludges
Other mixed E699
Organic
Solvents
Flash point>61oC
Flash point <61 oC

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Chlorinated solvents and Residues


F701
F702
F703
Putrescible/
Organic
Wastes
Animal/abattoir wastes
Grease trap wastes from industrial or
Commercial premises
Others
G801
G802
G899
Textile Tannery wastes
Other textile wastes
H901
H999
Oil Waste oils
Interceptor sludges
Vegetable oils
Waste tallow
Oil/water mixtures
I101
I102
I103
I104

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I105
Containers Portable containers previously containing toxic
chemical substances
J201
Immobilized
Wastes
Solidified and polymerized wastes
Chemically fixed wastes
Encapsulated Wastes
K301
K302
K303
Organic
Chemicals
Aliphatics
Aromatics and phenolics
Highly odorous
Surfactants and detergents
Halogenated solvents
Polychlorinated biphenyls and related materials
Other organic chemicals
L401
L402
L403
L404
L405
L406

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L499
Miscellaneous
Wastes
Pathogenic or infectious wastes
Asbestos wastes
Pharmaceuticals wastes and drugs
Pesticides
M501
M502
M503
M504
Table 2. Exempted Wastes
Description
Garbage from domestic premises and households.
Industrial and commercial wastewaters which are disposed of on-site through
the sewage
system.
Industrial and commercial solid wastes which do not contain prescribed
hazardous wastes as
identified in Table 1.
Materials from building demolition except asbestos.

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Septic tank effluents and associated sullage wastewaters.


Untreated spoils from mining, quarrying and excavation works but not
materials in the nature of
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 in
accordance with the form and in a manner approved by the Department and
accompanied by a payment of the prescribed fee; and
b.
provide the Department, on a quarterly basis, with information to include the
type
and 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
waste

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generated or produced in the premises until the hazardous waste has been
certified by
the waste treater as had been treated, recycled, reprocessed or disposed of.
3.
A waste generator shall prepare and submit to the Department comprehensive
emergency contingency plans to mitigate and combat spills and accidents
involving
chemical substances and/or hazardous waste. These plans shall conform with
the
content of the guidelines issued by the Department.
4.
A waste generator shall be responsible for training its personnel and staff ona.
the implementation of the plan required under Section 26(3); and
b.
the hazard posed by the improper handling, storage, transport, and use of
chemical substances and their containers.
Section 27. Waste Transporter
1.
No transport of hazardous waste shall be allowed unless prior permit is
secured from the
Department.
2.
Any application for the issuance or amendment of a permit to transport
hazardous waste

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shall be made in accordance with the form and in a manner approved by the
Department
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
Department
to transport hazardous wastes.
Section 28. Waste Transport Record
1.
A waste transport record shall be in a form prescribed by the Department and
shall
contain 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; and

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i.the intended method of hazardous waste treatment, storage, export, recycling,


processing, reprocessing or disposal at the destination.
2.
Prior to the transport of hazardous wastes, the waste generator shall complete,
in
duplicate, portions that refer to the waste generator in the prescribed form and
shall
submit 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 a
period 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, in
duplicate, 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
drivers
cabin of the waste transport vehicle.
6.
Upon arrival at the waste treatment, storage, recycling, reprocessing,
processing or
disposal premises, the waste transporter shall give a copy of the waste
transport record
to 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; and
c. retain and store the complete waste transport record for a period of twentyfour
months after receipt of the hazardous waste.
8.
If the hazardous waste data is inaccurate the waste treater shall immediately
inform the
waste generator of such inaccuracy within a reasonable period of time. The
waste
treater shall have the right to deny acceptance of such hazardous waste if such
acceptance 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
certification
required 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


accident
which results in the spillage or release of the hazardous waste to the
environment shall
immediately 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
clearly
labeled 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; and
e. the maximum capacity of volume
2.
The labeling of the vessels, containers and tanks specified in Section 29(1)
shall be
conspicuously 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


hazardous
wastes unless done in the premises as prescribed in Table 3 and permitted by
the
Department.
Table 3. Prescribed Wastes Treatment Premises

Category Description
A
Premises that conduct on-site disposal of hazardous wastes generated or
produced at the premises through industrial or commercial processes and
activities other than disposal via sewer.
B
Commercial or industrial hazardous waste incinerators.
Landfills, dumps or tips that accept hazardous waste for disposal
D
Premises that recycle or reprocess hazardous waste which were not generated
or produced at that premise.

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E
Premises that immobilize, encapsulate, polymerize or treat hazardous wastes
which were not generated or produced at that premise.
F
Premises that store hazardous wastes, which were not generated or produced
at
that premise for periods exceeding thirty (30) days.
2.
An application for issuance or amendment of a permit under this section shall
be made
in accordance with a form and in a manner approved by the Department
accompanied
with the payment of the prescribed fee and accompanied by such plans,
specifications
and 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
substances
must seek and obtain prior written approval from the Department.
2.

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An application made under Section 31(1) shall be made in the form and
manner
approved by the Department and accompanied by payment of the prescribed
fee.
3.
The Department shall cause the seizure of the imported hazardous substances
which
does not comply with the approved permit, return the hazardous substance to
their point
of 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
nuclear
waste and their storage or disposal into the Philippine territorial limits for
whatever
purpose.
2.

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The Philippine Nuclear Research Institute (PNRI) shall be the government


agency
responsible for the regulation and licensing of nuclear facilities and radioactive
materials
pursuant to the provisions of R.A. 2067, the Science Act 56 of 1958, and R.A.
5207, the
Atomic Energy Regulatory and Liability Act of 1968, both as amended.
Radioactive
material 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
or
atomic 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
storage
in 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
shipment
of nuclear waste over Philippine territorial limit. Prior informed arrangements
and
notification schedules shall have been made through proper Philippine
authorities
including the DENR and the PNRI.
2.
The DENR and the PNRI shall exercise their rights to monitor and inspect such
shipments 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
cannot
be ascertained, shall be subject to the regulations of the PNRI on the
management and disposal
of 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 DENR
that 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 the
fabrication of metal bars or components.
Section 36. Reporting and Notification
Any person shall immediately notify the DENR or the PNRI of any existence of
unauthorized radioactive material or nuclear waste anywhere in the
Philippines. The report
should be such as to cause the immediate location of the radioactive material
to institute the
necessary 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 new
chemicals under Section 17 and Section 18.
2.
The Department shall publish the scale of fees and amendments to the scale of
fees in
the Official Gazette or any newspaper of general circulation which shall take
effect
fifteen (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; and
e. waste transport record
2.
The Department shall publish the scale of fees and amendments to the scale of
fees in
the Official Gazette or any newspaper of general circulation which shall take
effect
fifteen (15) days after its publication.
Chapter X

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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
priority
chemical list.
2.
The general public shall have access to the documents prepared by the
Department
regarding chemical control orders excepting confidential portions contained in
these
documents.
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.
The Department of Environment and Natural Resources may consider a record,
report of

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information or particular person thereof confidential and may not be made


public when
such would divulge trade secrets, or sales figures or methods production or
processes
unique to such manufacturer, processor or distributor or would otherwise tend
to affect
adversely the competitive position of such manufacturer, processor or
distributor,
information other than its chemical name and CAS Number (if applicable) be
treated as
confidential.
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
confidentiality
under Section 40(1);
b.
under an agreement, convention or treaty between the government of the
Philippines and other foreign nations provided that the foreign nation
undertakes
to keep the information confidential;
c.
under an agreement between the Department and other statutory bodies and

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local authorities provided that the information is required to fulfill their


obligations
and 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
for
the 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 information
confidential; or
f.
where the department certifies that the disclosure of the information is in the
interest 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 of
information under Section 40(3).
Title V. Prohibited Acts and Penalties
Chapter XI
Prohibited Acts

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Section 41. Administrative Violations. The following acts and omissions shall
be
considered 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
present
unreasonable risk or injury to health or to the environment before said
chemical
substances and mixtures are manufactured or imported for the first time;
3.
Failure or refusal to subject for testing chemical substances and mixtures
which are
presently being manufactured or processed if there is a reason to believe that
said
chemical substances and mixtures pose unreasonable risk or injury to health
and the
environment;
4.
Refusing, obstructing or hampering the entry of authorized representatives of
the

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Secretary into any establishment in which chemicals are processed,


manufactured, stored or held before or after their commercial distribution
during reasonable hours for
the purpose of conducting an inspection.
5.
Failure or refusal to notify the Department with the type and quantity of
hazardous
wastes generated and to provide quarterly report of waste generation as
provided for
under Section 26 of these Rules and Regulations.
6.
Failure or refusal to secure permit or authorization from the Department prior
to
transport, storage, or disposal of hazardous wastes as provided for in Section
27, 28 and
30 of these Rules and Regulations.

7.
Failure or refusal to secure approval from the Department prior to conduct of
any
importation or exportation of hazardous substances as provided for in Section
31 of
these Rules and Regulations.
8.

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Failure or refusal to provide proper labeling as provided for under Section 29 of


these
Rules and Regulations regarding hazardous waste storage and labeling.
9.
Failure or refusal to comply with subpoena or subpoena duces tecum issued by
the
Secretary 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 as
required by Republic Act 6969 as permit inspection of establishment where
chemicals
are 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
Philippine territory including its maritime economic zones, even in transit,
either by

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means of land, air or sea transportation or otherwise keeping in storage any


amount of
hazardous and nuclear wastes in any part of the Philippines.
Chapter XII
Penalties
Section 43. Administrative Violations and Fines. In all cases of violations under
Section
41 of these Rules and Regulations, the Secretary is hereby authorized to
imposed a fine of not
less 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
institution
of the proper criminal action against any person or entity found guilty herein.
Section 44. Criminal Offenses and Penalties
1. i. The penalty of imprisonment of six (6) months and one day to six (6) years
and
one day and a fine ranging from Six Hundred Pesos (PhP600.00) to Four
Thousand Pesos (PhP4,000.00) shall be imposed upon any person who shall
violate Section 42(1) of these Rules and Regulations. If the offender is a
foreigner, he or she shall be deported and banned from any subsequent entry
into the Philippines after serving his or her sentence.

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ii. In case any violation of these Rules and Regulations is committed by a


partnership, corporation, association or any juridical person, the partner,
president, director or manager who shall consent to or knowingly tolerate such
violation shall be directly liable and responsible for the act of the employees
and
shall be criminally liable as a co-principal;
iii. In case the offender is a government official or employee, he or she shall in
addition to the above penalties be deemed automatically dismissed from office
and 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
from
any subsequent entry into the Philippines after serving his or her sentence.
ii. In the case of corporations or other associations, the above penalty shall be
imposed upon the managing partner, president or chief executive in addition to
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
foreign
firm shall be banned from entry into the Philippines in addition to the
cancellation
of its license to do business in the Philippines.
iii. In the case the offender is a government official or employee, he or she shall
in
addition to the above penalties be deemed automatically dismissed from office
and permanently disqualified from holding any elective or appointive positions.

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3.
Every penalty imposed for the unlawful importation, entry, transport,
manufacture,
processing, sale or distribution of chemical substances or mixtures into or
within the
Philippines shall carry with it the confiscation and forfeiture in favor of the
Government of
the proceeds of the unlawful act and instruments, tools or other implements
including
vehicles, 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 shall
be turned over to the Department of Environment and Natural Resources for
safekeeping and proper disposal.
4.
The person or firm responsible or connected with the bringing into the country
of
hazardous and nuclear wastes shall be under obligation to transport or send
back said
prohibited wastes. Any and all means of transportation, including all facilities
and
appurtenances that may have been used in transporting to or in the storage in
the
Philippines of any significant amount of hazardous or nuclear wastes shall at
the option

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of 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 and
Regulations is held or declared unconstitutional or invalid by a competent
court, the other
sections or provisions hereof shall continue to be in force as if the sections or
provisions so
annulled or voided had never been incorporated herein.
Section 46. Repealing Clause. All Rules and Regulations or parts of said rules
and
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/or
modified from time to time by the Department of Environment and Natural
Resources.
Section 48. Effectivity. These Rules and Regulations shall take effect thirty (30)
days

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after completion of publication in the Official Gazette or in a newspaper of


general circulation.

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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 1
General Provisions
Article One
Basic 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 Two
Definition 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;
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

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

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q) "Octane Rating or the Anti-Knock Index(AKI)" means the rating of the antiknock 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
environmental impact and energy requirement which the Department
determines, and adequately demonstrates; and

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x) "Stationary source" means any building or immobile structure, facility or


installation which emits or may emit any air pollutant.
Chapter 2
Air Quality Management System
Article One
General 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 Departments 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
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

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

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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 LGUs, 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.
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;

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c) A representative from each concerned government agency;


d) Representatives from peoples 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.
For those designated as nonattainment areas, the Department, after consultation with
local government authorities, nongovernment organizations (NGOs), peoples
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

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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
management and control of air pollution;

methods

of

prevention,

(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

Long Term

Pollutants g/Ncm

ppm

Averaging
Time

g/Ncm ppm

Averaging
Time

230d

24 hours

90

----

1 yeare

-PM-10 150f

24 hours

60

----

1 yeare

Suspended Particulate
Matterc

-TSP

Sulfur Dioxidec

180

0.07

24 hours

80

0.03

1 year

Nitrogen Dioxide

150

0.08

24 hours

----

----

----

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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

----

----

----

1.5

3 monthsg

1.0

----

1 year

Leadg

----

Maximum limits represented by ninety-eight percentile (98%)


values not to be exceed more than once a year.
a

Arithmetic mean

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.
c

Limits for Total Suspended Particulate Matter with mass median


diameter less than 25-50 um.
d

Annual Geometric Mean

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.
f

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.
g

(b) For National Ambient Air Quality Standards for Source Specific Air
Pollutants from Industrial Sources/Operations:
Pollutants1

Concentration2

Averaging
time
(min.)

Method
of
Analysis/
3
Measurement

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/Ncm

ppm

1. Ammonia

200

0.28

30

Nesselerization/
Phenol

2.
Carbon
Disulfide

30

0.01

30

Tischer Method

3.
Chlorine
and Chlorine
Compounds
expressed as
Cl2

100

0.03

Methyl Orange

4.
Formaldehyde

50

0.04

30

Chromotropic
acid
Method
or
MBTH
Colorimetric Method

5.
Hydrogen
Chloride

200100

0.13

30

Volhard Titration
Iodine Solution

0.07

30

Methylene Blue

30

AASc

6.
Hydrogen
Sulfide
7. Lead

20

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

ColorimetricPararosaniline

11. Suspended
Particulate
Matter-TSP

300

----

60

Gravimetric

Indo

with

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.
1

Ninety-eight percentile (98%) values of 30-minute sampling


measured at 250C and one atmosphere pressure.
2

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Other equivalent methods approved by the Department may be


used.
3

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 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

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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, NGOs and POs, 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 Two
Air 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.
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 projects 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

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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 Three
Pollution 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 publics 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
Source

1. Antimony and
Its compounds

Applicable

to

Maximum
Permissible
Limits
(mg/Ncm)

Method of Analysisa

Any source

10 as Sb

AASb

2. Arsenic and its


compounds

Any source

10 as As

AASb

3. Cadmium and
its compounds

Any source

10 as Cd

AASb

4.
Monoxide

Carbon

Any industrial Source

500 as CO

Orsat analysis

5. Copper and its

Any industrial source

100 ax Cu

AASb

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Compounds
6.
Hydrofluoric
Acids and Fluoride
compounds

Any source other than the


manufacture
of
Aluminum from Alumina

50 as HF

Titration
Ammonium
Thiocyanate

7.
Sulfide

i)
Geothermal
Power
Plants
ii) Geothermal Exploration
and
well-testing
iii) Any source other than
(i) and (ii)

c.d
e

Cadmium
Method

Sulfide

7 as H2S

Cadmium
Method

Sulfide

8. Lead

Any trade,
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
(i)
adn
(ii)
Existing
Source
New Source

1,500
NO2

Phenol-disulfonic
acid
Method

Any source

200 as P2O5

Hydrogen

12.
Phosphorus
Pentoxideg

industry

or

as

1,000
as
NO2
500 as NO2

with

Phenol-disulfonic
acid Method

1000 as NO2
500 as NO2
Spectrophotometry

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13. Zinc and its


Compounds

Any source

100 as Zn

AASb

Other equivalent methods approved by the Department may be used.

Atomic Absorption Spectrophometry

All new geothermal power plants starting construction by 01 January


1995 shall control HsS emissions to not more than 150g/GMW-Hr
c

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.
d

Best practicable control technology for air emissions and liquid


discharges. Compliance with air and water quality standards is required.
e

Emission limit of Nickel Carbonyl shall not exceed 0.5 mg/Ncm.

Provisional Guideline

Provided, That the maximum limits in mg/ncm particulates in said sources shall be:
1.

Fuel Burning Equipment


a) Urban
Area

or

Industrial

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

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.
a

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

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(1) Existing Sources


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

2.0gm.Ncm
SO3

as

(ii) Fuel burning Equipment

1.5gm.Ncm
SO2

as

(iii) Other Stationary Sourcesa

1.0gm.Ncm
SO3

as

(i) Manufacture of Sulfuric Acid


and Sulf(on)ation Process

1.5 gm.Ncm
SO3

as

(ii) Fuel Burning Equipment

0.7 gm.Ncm
SO2

as

(iii) Other Stationary Sourcesa

0.2 gm.Ncm
SO3

as

(2) New Sources

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.
a

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

Total dust
Gaseous
and
vaporous
substances,
expressed as
total organic
Hydrogen
chloride
Hydrogen
fluoride
Sulfur dioxide (SO2)
Nitrogen

monoxide

(NO)

and

Daily
Average
Values

Half Hourly
Average
Values

10 mg/m3

30 mg/m3

organic
10 mg/m3
carbon 10 mg/m3
(HCl) 1
mg/m3
(HF) 50 mg/m3

20
60
4
200

mg/m3
mg/m3
mg/m3
mg/m3

Nitrogen

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dioxide (NO2), expressed as nitrogen


dioxide for incineration plants with a
capacity exceeding 3 tonnes per hour
200 mg/m3 400 mg/m3
Nitrogen monoxide (NO) and nitrogen
dioxide (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
total
(Cd)
mg/m3
Thallium and its compounds, expressed as thallium (Tl)

0.05

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)
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
manganese (Mn)

its

compounds,

expressed

total
3
as mg/m

0.5

Nickel and its compounds, expressed as nickel (Ni)


Vanadium and its compounds, expressed as vanadium
(V)
Tin and its compounds, expressed as tin (Sn)
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.

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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 Four
Pollution 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. 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:

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a) For light duty vehicles, the exhaust emission limits for gaseous pollutants
shall be:
Emission
Limits
Type
(Directive 91/441/EEC)

for

CO
(g/km)

HC
+
(g/km)

NOx

2.72

0.970.14
a

Light

Duty

Vehicles
Approval

PMa
(g/km)

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
Type
(Directive 93/59/EEC)
Reference
(RW) (kg)

for

Light

Weight CO
(g/km)

Commercial

HC
+ PMa (g/km)
NOx(g/km)

Category 1

1250< RW

2.72

0.97

0.14

Category 2

1250< RW<1700

5.17

1.4

0.19

Category 3

RW>1700

6.9

1.7

0.25

Vehicles
Approval

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
Type Approval
(Directive 91/542/EEC)

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CO

HC

NOx

PM

(g/k/Wh)

(g/k/Wh)

(g/k/Wh)

(g/k/Wh)

4.5

1.1

8.0

0.36a

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
a

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 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

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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 Five
Pollution 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 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

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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 3
Fuels, Additives, Substances and Pollutants
Article One
Fuels, 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 antiknock 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, 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

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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;
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

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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 Two
Other 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
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

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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 4
Institutional 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.
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

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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
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;

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(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.
Chapter 5
Actions
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

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(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 thirtyday (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.
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.

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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 6
Fines 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.
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.

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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).
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

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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.
Chapter 7
Final 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

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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.
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.

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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 Act
of 2000

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INTRODUCTION

REPUBLIC ACT 9003

Behaviour is a key cultural aspect that is embedded in peoples way of life.


Studying a communitys 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.

INTRODUCTION
Nationwide, 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

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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 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. Pea (2005) reported some of these lawsuits
being filed against some mayors for not implementing the law.

RA 9003: HISTORY OF THE PASSAGE


The 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 Manilas dumpsites prompted some lawmakers to

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file some house bills to address environment and sanitation problems, not only
of Metro Manila but for the country as well. 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 9003


The 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

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self-regulation among waste generators; institutionalize public participation;


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

STATUS OF IMPLEMENTATION OF RA 9003


In 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 issues
As 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 (3years) 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 issues


Based 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 issues
As mandated by the Act, each LGU, through its solid waste management board,
is tasked to create a ten-years 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, 2001


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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 countrys 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

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products. A World Bank-funded study discovered that as early as 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;

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(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;
(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;

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(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;
(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;

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(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;
(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

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significant potential environment impacts arising from the development and


operation of the facility;
(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 reuse 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, nonhazardous 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 organisms, and surgical

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

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(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 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);

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(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.
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.

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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;
(d) The provincial environment and natural resources officer;
(e) The provincial engineer;
(f) Congressional representatives from each congressional district within the
province;

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(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.
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.

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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;
(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,

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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;
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

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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;
(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;

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(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:
(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

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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 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;

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(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:
(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;

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(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:
(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

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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 newlyconstructed 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 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.

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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;
(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.

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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 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;

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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
(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:

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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.
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.

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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.

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).

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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?

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;

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(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;
(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

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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

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
management

greater

private

sector

participation

in

solid

waste

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, nongovernment 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

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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 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;

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(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 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

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(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.
(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

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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.

LGUs, 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
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

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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

The site must be chosen with regard for the sensitivities of the
communitys residents

The site must be located in an area where the landfills 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 communitys 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

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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

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 days 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 landfills environmental protection features, operating monitoring
equipment, remediating groundwater should it become contaminated and
controlling landfill gas migration or emission.

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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:
(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:

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(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;
(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;

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(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;
(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;

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(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 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

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(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.
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

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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 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.

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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
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 nonenvironmentally 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

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packaging which is not environmentally acceptable. The Commission shall


prescribe the form of such report in its regulations.
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,

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segregation, composting, and recycling. The resulting residual wastes shall be


transferred to a long term storage or disposal facility or sanitary landfill.

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;

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(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

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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 and
regulations promulgated relative to this Act shall be charged administratively
in accordance with R.A. 7160 and other existing laws, rules and regulations

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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
Mixing of source-separated recyclable material with other solid waste in any
vehicle, box, container or receptacle used in SW collection or disposal
PENALTY

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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
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

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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

Process of recovering materials intended for the same or different purpose


without the alteration of physical and chemical characteristics

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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

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RA 9275: Philippine Clean Air


Water Act of 2004

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Philippine Clean Water Act of 2004 (Republic Act No. 9275)


What you should know about the Clean Water Act
Why the need for the Clean Water Act?
As early as 1996, monitoring of the countrys 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
countrys 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).

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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?
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.

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All sources of sewage and septage are required to comply with the law.
How will the discharge of wastewater be discouraged?
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

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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
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

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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.
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 ORDER


No. 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

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Class AA

Public Water Supply Class I. This class is intended


primarily for waters having watersheds which are
uninhabited and otherwise protected and which
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 for
tourism 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, TullahanTenejeros,etc.
(b) Coastal and Marine Waters
Classification
Class SA

Beneficial Use
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

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No.
1801;
existing
laws and/or
declared as such by appropriate
government
agency.
3)
Coral reef parks and reserves designated by law
and concerned authorities.
Class SB

Class SC

Class SD

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).
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;
1)
Industrial Water Supply Class II (e.g. cooling,
etc.);
2)
Other coastal and marine waters, by their
quality, belong to this classification

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DENR Administrative Order


No. 35
Series 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 countrys
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.

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g. "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


(Maximum Limits for the Protection of Public Health)a

Parameter

Protected
Waters

Protected
Waters

Deleterious

Substance

Marine
Waters

Marine
Waters

Class SC

Class SD

OEI

NPI

OEI NPI

Inland
Waters

Unit Category I
Category II
Class C
(Class AA & (Class A,B &
SA)
SB)
OEI NPI
OEI NPI
OEI NPI

Arsenic

mg/L

0.2

Cadmium

mg/L

Chromium
(hexavalent)

mg/L

Cyanide

mg/L

Lead

mg/L

0.1

0.5

0.2

1.0

0.5

1.0 0.5

0.05 0.02

0.1

0.05

0.2

0.1

0.5 0.2

0.1

0.05

0.2

0.1

0.5

0.2

1.0 0.5

0.2

0.1

0.3

0.2

0.5

0.2

0.2

0.1

0.5

0.3

1.0

0.5

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Mercury
(Tot.)

mg/L

0.005 0.005

0.005 0.005 0.005 0.005 0.05 0.01

PCB

mg/L

0.003 0.003

0.003 0.003 0.003 0.003 -

Formaldehyde mg/L

2.0

2.0

1.0

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

Color

Inland Waters
Class C
OEI

NPI

PCU

150

100

200c

150c

oC rise

6.0-9.0 6.0-9.0

6.0-9.0

6.5-9.0

Mg/L

100

60

150

100

Solids Mg/L

0.3

0.3

0.5

0.5

50

30

80

50

Temperature
(max rise in
Celsius in RBW)

deg.

pH (range)
COD
Settleable
(1-hour)

Protected Waters
Category I
Category II
(Class AA & (Class A, B & SB)
SA)
OEI
NPI
OEI
NPI

5-Day 20 oC BOD

Mg/L

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Total
Solids

Suspended Mg/L

70

50

90

70

Total
Solids

Dissolved Mg/L

1,200

1,000

Mg/L

5.0

2.0

7.0

5.0

Oil/Grease (Petroleum Mg/L


Ether Extract)

5.0

5.0

10.0

5.0

Phenolic Substances Mg/L


as Phenols

0.1

0.05

0.5

0.1

MPN/100mL b

5,000

3,000

15,000

10,000

Surfactants (MBAS)

Total Coliforms

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)
Inland Waters

Coastal Waters

(Class D)
OEI
NPI
-----

(Class SC)
OEI
NPI

oC rise
Temperature
(max. rise in deg.
Celsius in RBW)

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

Parameter

Color

COD

Unit

PCU

Class
SD
&
Other
Coastal Waters
Not Classified
OEI
NPI

mg/L

250

200

250

200

300

200

5-Day 20 oC BOD mg/L

150

120

120d

100

150d

120

Total Suspended mg/L


Solids
Total
Dissolved mg/L
Solids
Surfactants
mg/L
(MBAS)

200

150

200

150

2,000h 1,500h -

10

15

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Oil/Grease
(Petroleum
Ether Extract)
Phenolic
Substances
as Phenols
Total Coliforms

mg/L

15

10

15

15

mg/L

1.0i

0.5i

5.0

1.0

MPN/100mL 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)
Maximum Allowable Limits in mg/L, according to
Time Period and Receiving Body of Water

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Effectivity date - Dec. 31, Jan. 1, 1992-Dec. 31, 1994


Industry Classification Based 1991
on BOD of Raw Wastewaters Inland
Waters
Coastal Inland
Waters
Coastal
Produced
Waters
Waters
(Class C & D) (Class SC & (Class C & D) (Class SC &
SD)
SD)
1. Industries producing BOD 320
650
200
320
within 3,000 to 10,000 mg/L or
or
or
or
95% removal 90% removal 97% removal 95% removal
2. Industries producing BOD 1,000
2,000
600
1,000
within 10,000 to 30,000 or
or
or
or
mg/L
95% removal 90% removal 97% removal 95% removal
3. Industries producing more 1,500
3,000
900
1,500
than or 30,000 mg/L
or
or
or
or
95% removal 90% removal 97% removal 95% 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
Based on
Wastewater

Classification Maximum Allowable Limits in


BOD of Raw Based on Receiving Body of Water
Inland Waters

mg/L

Coastal Waters

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(Class C & D)

(Class SC & SD)

1. Industries producing within 130 or 98% removal


3,000 to 10,000 mg BOD/L

200 or 97% removal

2. Industries producing within 200 or 99% removal


10,000 to 30,000 mg BOD/L

600 or 97% removal

3. Industries producing more 300 or 99% removal


than 30,000 mg BOD/L

900 or 97% removal

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.

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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 fall
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.

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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 unauthorized 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
ARSENIC
BOD
BORON
CADMIUM
CHLORINATED HYDROCARBONS
CHROMIUM (Hexavalent)
COLOR

METHOD OF ANALYSIS
Silver
Diethyldithiocarbamate
Method
(Colorimetric)
Azine Modification (Dilution Technique)
Carmine Method (Colorimetric Method)
Atomic
Absorption
Spectrophotometry
(Wet ashing with concentration HNO3 + HCl)
Gas Chromatography (ECD)
DiphenylCarbazine Colorimetric Method
Visual Comparison Method Platinum Cobalt
Scale

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CYANIDE
DISSOLVED OXYGEN

Specific Ion Electrode Method


Azide
Modification
(Winkler
Method),
Membrane Electrode (DO meter)
FECAL COLIFORMS
Multiple-Tube Fermentation Technique or
Membrane Filter
LEAD
Atomic Absorption Spectrophotometry
NITRATE AS NITROGEN
Bruccine Method for Saline Waters, specific Ion
Electrode Meter for Fresh Water
OIL AND GREASE
Gravimetric
Method
(Petroleum
Ether
Extraction)
ORGANO PHOSPHORUS COMPOUNDS Gas Chromatography (FPD)
PCB
Gas Chromatography (ECD)
pH
Glass Electrode Method
PHENOLIC SUBSTANCES
Chloroform Extraction Method
PHOSPHATE AS PHOSPHORUS
Stannous Chloride Method
SETTLEABLE SOLIDS
Imhoff Cone Method
SURFACTANT (MBAS)
Methylene Blue Method (Colorimetric)
TEMPERATURE
Use of Mercury-Filled Thermometer
TOTAL COLIFORMS
Multiple-Tube Fermentation Technique or
Membrane Filter
TOTAL 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.

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Section 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

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RA 9367: Biofuels Act of


2006

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Republic Act 9367: BIOFUELS ACT of 2006


BACKGROUND OF R.A. 9367
The House of Representatives 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 MacapagalArroyo signed the Bill into law on January 12, 2007.It took effect on May 27,
2007.
The greater a nations 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 oilat 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

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rural employment and higher incomes among farmers. Pursuant to Section 15


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
countrys 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; 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.

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SECTION 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 biomassderived 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

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ignition quality or other characteristic, suitable for compression 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 sparkignition 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 ;

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v) 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

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DOE to mandate a minimum of ten percent(10%) blend of bioethanol by volume


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
fouryear 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 tax
The 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.

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b) 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 Effluents
All 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 Assistance
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, 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.

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SECTION 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 DOEs existing biofuels
program;
c) Establish technical fuel quality standards for biofuels and biofuelblended 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.

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The 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 locallysourced
biofuels: Provided, That the minimum blend may be decreased only
within the first four years from the effectivity of this Act. Thereafter, the

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minimum blends of the five percent (5%) and two percent (2%) for
bioethanol and biodiesel respectively, shall not be decreased;
d) 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 biofuelblends 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);

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b) 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;

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(2) Ensure the access of workers to productive resources and social


coverage; and
(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 biofuelblends

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 biofuelblended gasoline or diesel that fails to comply with
the minimum biofuelblend 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.

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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.
In 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.

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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 draft 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.

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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

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from feedstock and other biomass. Among the recognized benefits of bioethanol
include but not limited to the following:
1. 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,

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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

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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 sugarcane can be harvested after
ten months, sweet sorghum can be harvested twice within that period; from the
seed crop
andratoon.
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

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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 chemicals
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 States 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 countrys
sustainable economic growth that would expand opportunities for livelihood by
mandating the use of biofuels as a measure to:

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(a) develop and utilize indigenous renewable and sustain ably-sourced clean
energy sources to reduce dependence on imported oil;
(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 countrys 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

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and distributed by each and every oil company in the country, subject to the
requirement that all bioethanol blended gasoline shall contain a minimum 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
countrys transport sector from full dependence on imported fuel. The projected
decline of the countrys 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

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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,

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said industry still has to be incentivized because, otherwise, in view of the


volume of the capital requirements, the country would not be able 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

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Article 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 countrys 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
populations 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 guaranteed that the said
reduction will greatly slow down the constant exhaustion of nature.

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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)

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RA 9513: Renewable Energy


Act of 2008

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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/HISTORY


1. 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 countrys 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.

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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.

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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

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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:

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(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;

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(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;

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(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 naturallyoccurring 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;

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(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;

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(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;

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(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;

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(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 predevelopment 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;

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(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

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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;

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(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

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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.

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CHAPTER IV

OFF-GRID RENEWABLE ENERGY DEVELOPMENT

Section 12. Off-Grid Areas. - Within one (1) year from the effectivity of this Act, NPCSPUG 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.

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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 noncommercial 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.

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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

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(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

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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;

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(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.

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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-ininterest 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

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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 zerorated value added tax on its transactions with local suppliers of goods, properties and
services.

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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

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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 successorsin-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.

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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.

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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.

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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

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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

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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

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(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;

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(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.

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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 VILLAR


President 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-YAP
Secretary General
House of Representative

(Sgd.) EMMA LIRIO-REYES


Secretary of the Senate

Approved: DEC 16, 2008

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(Sgd.) GLORIA MACAPAGAL-ARROYO


President of the Philippines

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RA 9729: Climate Change Act


of 2009

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Republic of the Philippines


Congress of the Philippines
Metro Manila
Fourteenth Congress
Third 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

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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 countrys 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.

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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

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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 womens as well as mens
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 Earths nearsurface 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 ozonedepleting 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.

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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);
(e) Secretary of the Department of Foreign Affairs (DFA);
(f) Secretary of the Department of Health (DOH);

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(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
theCommissions 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

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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 ViceChairperson/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 Commissions 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:

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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

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(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 Directors 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

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(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 peoples 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.

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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

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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 nongovernmental 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.

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PART III
FRAMEWORK STRATEGY AND PROGRAM ON CLIMATE CHANGE
RULE VIII
CLIMATE CHANGE FRAMEWORK AND PROGRAM
Section 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;

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(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

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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, peoples 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

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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

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ANNUAL REPORT AND OTHER PROVISIONS


Section 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 Presidents 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.

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Philippine Inventory of
Chemical and Chemical
Substances (PICCS)

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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 pest s 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

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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 u seful 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

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(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 PreImportation 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.)

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- 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, s1992, the PICCS shall be updated every five years. The first PICCS the DENREMB 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.

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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

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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

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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 chemicals
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 chemicals 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

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Teratogenicity

Carcinogenicity

Bioaccumulation potential is the measures of a substances 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

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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.

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(Sgd.)ANTONIO H. CERILLES
Secretary
Published at:
Philippine Daily Inquirer - September 23, 1998 - page 12

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DENR ADMINISTRATIVE ORDER


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):

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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;

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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.

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Published at:
Malaya December, 2005
The Manila Times December 21, 2005

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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-EMBs 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 selfmonitoring 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.

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DENR ADMINISTRATIVE ORDER


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.

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(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

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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 Departments approval.
Industries must complete the Departments exemption claim form and get
approval from the Department.

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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 mercurycontainingcompounds 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 mercurycontaminatedwastes 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

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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.

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(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 Departments 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).

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(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 concernedDepartments 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

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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
theImporters Report Form and the Users 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

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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

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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.

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(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

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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 Departments 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

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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 endusers 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

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DENR ADMINISTRATIVE ORDER


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:

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(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

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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 Departments approval.
Industries must complete the Departments exemption claim form and get
approval from the Department.

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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.
(2) Reports and Records
(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,

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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.
(4) Handling Requirements

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(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, pretransport 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.

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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

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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

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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.

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(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.

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(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

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(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 Departments 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.

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Any importer or distributor selling to non-authorized personsor endusers 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.

Section 15.Effectivity
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

DENR ADMINISTRATIVE ORDER


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

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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:

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____________________
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 CFC11 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.

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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 PreShipmentImportation 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.

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__________________
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.

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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.

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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

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(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;
_______________________

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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

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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.

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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

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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 ozonedepleting 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.

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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 (DTIBPS) 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:

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(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 DENREMB.
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.

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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.

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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

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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 airconditioning 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.

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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.

DENR ADMINISTRATIVE ORDER


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

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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 200018 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.

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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 countrys 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
countrys 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.

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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 substances 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,

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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 nonParties.
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 CFCusing equipment.
Venting the practice of intentionally releasing and/or purging of ODS to the
atmosphere.

Section 4.BAN ON IMPORTATION OF ODS

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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.

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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
R502):
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.

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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.

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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 firms 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;

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(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.

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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 applicants 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);

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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 firms chemical handler.

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(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.
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

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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.

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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.

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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;

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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 airconditioning 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.);

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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.

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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.

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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.

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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 micros- copy 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.

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(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;

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(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

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(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.
(2) Reports and Records
(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.

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(a) The use of asbestos and asbestos-containing materials as highdensity 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;

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(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 onsite 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

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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 offsite.
(3) Labeling Requirements

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(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.
(4) Handling Requirements
(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

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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.

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(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.

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(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:

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(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.
Section 12.Effectivity

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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

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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

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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.

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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.

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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

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g. Other uses
4. The following PCB Wastes are covered:
a. Contaminated solvents/waters
b. Used oil and waste oil
c. Sludges 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.

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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

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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

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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, PCBcontaminated 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

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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;

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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.

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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, PCBcontaminated 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:

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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.

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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

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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

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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 cleanup, 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.

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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.

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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.

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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

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Researchers Profile

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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
thats 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 kayat 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 makatulongsamgakamaganakkongnangangailanganngtulong at makabawi naman sa mga
taong umakay sa akin at sa akingpamilya upang makaahon kami
sa kahirapan.

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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 didnt 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 dont 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

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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.

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Danica Rose Ramos


This picture doesnt 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
Im not really good at constructing sentences.
Any way let me tell you something about me.
My name is Danica Rose (you dont say?) and
I love to be called Nica, Daniks or anything
you would like as long it suits me, and I dont
want to be called Rose, well because its too
girly and I think it only suits to pretty,
charismatic, or cool girls, which is Im not. And
I only look good at pictures which is Im 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 Ill construct a scrapbook with
this photos and with other memorabilias which I would only show to persons which Im
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 Im hopeless romantic) and other genres as long it is
interesting. My favourite book at this time is Battle Royale by Koushun Takami though
it doesnt focus on love. Sometimes I play the guitar, and I think Im pretty good at it
because I can play some songs with difficult chords.
Though Im an introvert, I love to hang out with my friends and family. Im 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.

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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 havent 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 its not the looks alone
that I possess but the brains as well.

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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

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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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Bibliography
http://en.wikipedia.org/wiki/Renewable_energy
http://jlp-law.com/library/?article=irr-of-ra-9513rules-and-regulations-irr-ofrepublic-act-no-9513-otherwise-known-as-the-renewable-energy-act-of-2008and-referred-to-as-the-act-in-this-irr
http://www.lawphil.net/statutes/repacts/ra2008/ra_9513_2008.html
http://www.estis.net/sites/cien-ph/default.asp?site=cienph&page_id=2B785DEF-AB50-4BED-8B4D-9F3C2CE7DC4
http://www.emb.gov.ph/eeid/PICCS.htm
http://www.estis.net/sites/cien-ph/default.asp?site=cienph&page_id=94C40D6F-FD79-4EF7-AB46-CEB808BE7145
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http://www.windows2universe.org/earth/climate/cli_effects.html
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http://en.wikipedia.org/wiki/Air_pollution
http://www.doe.gov.ph/pecr4/pdf/pd1152.pdf
http://members.tripod.com/~sagip_/laws4.html
http://en.wikipedia.org/wiki/Water_quality
http://en.wikipedia.org/wiki/Waste_management
http://en.wikipedia.org/wiki/Natural_resource_management
http://ustlawreview.com/pdf/vol.LII/Biofuels_Act.pdf

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