Arellano University School of Law

Taft Avenue, Corner Menlo, Pasay, 1306 Metro Manila

TOXIC SUBSTANCES
NATURAL RESOURCES
AND
ENVIRONMENTAL

AND HAZARDOUS
LAW
Atty. Arnaldo M. Espinas

AND NUCLEAR
WASTES CONTROL
ACT OF 1990
NREL 000
64
TBA1
Republic Act No. 6969
Declaration
of Policy 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 the Philippine territorial limits
for whatever purpose
to provide advancement and facilitate research and studies on
toxic chemicals
Scope
This Act 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.
 Objectives

To keep an inventory of To monitor and regulate To inform and educate To prevent the entry,
chemicals that are presently the importation, the populace regarding even in transit, as well as
being imported, manufacture, processing, the hazards and risks the keeping or storage
manufactured, or used, handling, storage, attendant to the and disposal of
indicating, among others, transportation, sale, manufacture, handling, hazardous and nuclear
their existing and possible distribution, use and storage, transportation, wastes into the country
uses, test data, names of disposal of chemical processing, distribution, for whatever purpose.
firms manufacturing or
substances and mixtures use and disposal of toxic
using them, and such other
that present unreasonable chemicals and other
information as may be
risk or injury to health or to substances and mixtures.
considered relevant to the
the environment in
protection of health and the
accordance with national
environment.
policies and international
 Important Terms
UNREASONABLE RISK HAZARDOUS SUBSTANCES
expected frequency substances which present either:
a. Short-term acute hazards, such as acute
of undesirable effects toxicity by ingestion, inhalation or skin
absorption, corrosivity or other skin or eye
or adverse responses contact hazards or the risk of fire or explosion
b. Long-term environmental hazards, including
arising from a given chronic toxicity upon repeated exposure,
exposure to a carcinogenicity (which may in some cases
result from acute exposure but with a long
substance 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
 Important Terms
HAZARDOUS WASTES NUCLEAR WASTES
substances that are without any safe hazardous wastes made radioactive
commercial, industrial, agricultural or
by exposure to the radiation
economic usage and are shipped,
transported or brought from the country incidental to the production or
of origin for dumping or disposal into or utilization of nuclear fuels but does
in transit through any part of the territory not include nuclear fuel, or
of the Philippines
shall also refer to by-products, side-
radioisotopes which have reached the
products, process residues, spent final stage of fabrication so as to be
reaction media, contaminated plant or usable for any scientific, medical,
equipment or other substances from
agricultural, commercial, or industrial
manufacturing operations, and as
consumer discards of manufactured purpose
products
the implementing
agency tasked with
certain functions,

powers and
responsibilities
assisted by the
Inter-Agency
Technical Advisory Department of
Council
Environment and Natural
Resources
 FUNCTIONS, POWERS &
RESPONSIBILITIES OF THE DENR
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;
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 a reason to believe that they pose unreasonable risk
or injury to health or 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;
 FUNCTIONS, POWERS &
RESPONSIBILITIES OF THE DENR
g) To confiscate or impound chemicals found not falling within
the standard set by the rules and regulations and the said
acts cannot be enjoined except after the chemicals have
been impounded;
h) To monitor and prevent the entry, even in transit, of
hazardous and nuclear wastes and their disposal into the
country;
i) To subpoena witnesses and documents and to require other
information 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 campaigns 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 this Act.
 Secretary of Environment and Natural Resources
Chairman

INTER- Secretary of Health

Member

AGENCY Director of the Philippine Nuclear Research Institute

TECHNICAL
Member

Secretary of Trade and Industry

ADVISORY Member

COUNCIL
Secretary of Science and Technology
Member

Secretary of National Defense

Member
 Secretary of Foreign Affairs
Member

INTER- Secretary of Labor and Employment

AGENCY Member

Secretary of Finance

TECHNICAL Member

ADVISORY Secretary of Agriculture

Member

COUNCIL Representative from a non-governmental

organization on health and safety
Member
 Functions of the Inter-Agency
Technical Advisory Council
a) To assist the Department of Environment
and Natural Resources in the formulation of
the pertinent rules and regulations for the
effective implementation of this Act;
b) To assist the Department of Environment
and Natural Resources in the preparation
and updating of the inventory of chemical
substances and mixtures that fall within the
coverage of this Act;
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
of Environment and Natural Resources; and
d) To perform such other functions as the
Secretary of Environment and Natural
Resources may, from time to time, require.
 Pre-manufacture
and Pre-importation
Requirements
The manufacturer, processor or importer shall submit the
following information:
1. the name of the chemical substance or mixture;
2. its chemical identity and molecular structure;
3. proposed categories of use;
4. an estimate of the amount to be manufactured,
processed or imported;
5. processing and disposal thereof; and
6. any test data related to health and environmental effects
which the manufacturer, processor or importer has.
 Pre-Manufacturing

And Pre-
Importation Notification
The Pre-Manufacturing And Pre-Importation Notification (PMPIN) aims to screen
harmful substances before they enter Philippine’s commerce. Its main objective is to
ensure that new chemicals that would pose an unreasonable risk to human health
and the new environment either be denied to be manufactured or imported into the
country, or be placed under control and restriction to limit potential releases.
Manufacturers and importers (proponents) of a new chemical are required to notify
DENR-EMB of their intent to manufacture or import the new chemical not sooner
than 180 days and not later than 90 days. Together with this notification, the
proponent submits the appropriate PMPIN forms. There are two kinds PMPIN forms
for notification. These are: PMPIN Abbreviated Form and PMPIN Detailed Form.
Chemicals
Subject to
Testing Testing shall be required in all cases where:
1. There is a reason to believe that the chemical substances
or mixture may present an unreasonable risk to health or
the environment or there may be substantial human or
environmental exposure thereto;
2. There are insufficient data and experience for determining
or predicting the health and environmental effects of the
chemical substance or mixture; and
3. The testing of the chemical substance or mixture is
necessary to develop such data.
NOTE: The manufacturers, processors or importers shall
shoulder the costs of testing the chemical substance or
mixture that will be manufactured, processed, or imported.
Action by the Secretary of Environment
and Natural Resources or His Duly
Authorized Representative
within ninety (90) days from the date of
filing of the notice of manufacture,
processing or importation of a chemical
substance or mixture
decide whether or not to regulate or
prohibit its importation, manufacture,
processing, sale, distribution, use or
disposal
NOTE: The Secretary may, for justifiable
reasons, extend the ninety-day pre-
manufacture period within a reasonable
time.
Chemical Substances Exempt
from Pre-manufacture
Notification
1. Those included in the categories of chemical substances
and mixtures already listed in the inventory of existing
chemicals;
2. Those to be produced in small quantities solely for
experimental or research and developmental purposes;
3. Chemical substances and mixtures that will not present
an unreasonable risk to health and the environment;
and
4. Chemical substances and mixtures that exist
temporarily and which have no human or environmental
exposure such as those which exist as a result of
chemical reaction in the manufacture or processing of a
mixture of another chemical substance.
 Public Access to Records,
Reports or Notification
The public shall have access to records, reports, or information
concerning chemical substances and mixtures including safety data
submitted, data on emission or discharge into the environment, and
such documents shall be available for inspection or reproduction
during normal business hours except that the Department of
Environment and Natural Resources may consider a record, report
or information or particular portions thereof confidential and may
not be made public when such would divulge trade secrets,
production 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. The Department of
Environment and Natural Resources, however, may release
information subject to claim of confidentiality to a medical research
or scientific institution where the information is needed for the
purpose of medical diagnosis or treatment of a person exposed to
the chemical substance or mixture.
 1. Knowingly use a chemical substance or

Prohibited
mixture which is imported, manufactured,
processed or distributed in violation of this
Act or implementing rules and regulations
or orders;

Acts
2. Failure or refusal to submit reports, notices
or other information, access to records as
required by this Act, or 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; and
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 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.
Criminal Offenses and Penalties
Criminal Offenses and Penalties
Criminal Offenses and Penalties
Criminal Offenses and Penalties
Administrative
Fines
a fine of not less than Ten
thousand pesos
(P10,000.00), but not
more than Fifty thousand
pesos (P50,000.00)
special fund to be
administered by the
Department exclusively
for projects and research
activities relative to toxic
substances and mixtures
 Philippine Inventory of
Chemicals and Chemical
Substances
The Philippine Inventory of Chemicals and
Chemical Substances (PICCS) is a list of all existing
chemicals and chemical substances used, imported,
distributed, processed, manufactured, stored,
exported, treated or transported in the Philippines.
The chemicals and chemical substances in the
inventory were nominated by the industries
themselves. The first PICCS was published by DENR-
EMB in 1995 and subsequently PICCS updates were
published in 2000, 2002, 2005, 2008, 2011, 2013,
2015, 2017 and 2020.
PICCS contains the following information:
• Chemical name and the Chemical Abstract Service
Registry Number (CAS RN), a unique identifying
number assigned to a particular chemical or
chemical substance.
• CAS Registry Index names that are assigned to
chemicals in accordance with International Union of
Pure and Applied Chemistry (IUPAC) nomenclature.
• Common name of the chemical or chemical
substance, only if different from CAS Registry Index
name.
 Purpose of PICCS
To provide government, industry, and the public with a core inventory of
all existing chemicals and chemical substances in the country.
It serves as a guide for manufacturers and importers of chemicals.

NOTE: Manufacturers and importers need not notify and secure clearance
from DENR-EMB before they manufacture or import chemicals included in
PICCS; provided that these chemicals are not in PCL and not are subject to
CCOs. Chemicals and chemical substances not included in PICCS cannot be
manufactured or imported unless the proponent follows the PMPIN
notification assessment process.
 The 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.
 TRUE OR FALSE
The Secretary of National Defense is a member of
the Inter-Agency Technical Advisory Council, which
assists the DENR for implementation of Republic
Act No. 6969.
ANSWER:

TRUE
References
Republic Act No. 6969
https://chemical.emb.gov.ph
https://www.youtube.com/watch?
v=O-CDaVRHR1Q
https://www.youtube.com/watch?
v=1-I2C68m_7w
https://www.youtube.com/watch?
v=jAGpunmLUOk
https://www.youtube.com/watch?
v=dKK2ApDx-1I&t=1s
Thank you for listening!