Chemical Engineering Practice and Regulation
Chemical Engineering Practice and Regulation
1. Process Optimization and Efficiency: Chemical engineers play a pivotal role in designing, analyzing,
and optimizing industrial processes. They are tasked with finding ways to maximize efficiency,
reduce waste, and minimize energy consumption in various chemical and manufacturing
processes. The decisions they make can significantly impact the economic and environmental
sustainability of industries, making process optimization a crucial aspect of chemical engineering.
2. Safety and Environmental Concerns: Chemical engineers are responsible for ensuring the safety of
processes, products, and workers in chemical and manufacturing industries. They must consider
potential hazards, develop safety protocols, and design systems that prevent accidents and
mitigate risks. Additionally, environmental considerations are paramount. Chemical engineers
work to develop sustainable processes that minimize the impact on the environment, reduce
emissions, and promote responsible resource utilization.
3. Interdisciplinary Nature: Chemical engineering intersects with various scientific and engineering
disciplines. It draws from chemistry, physics, biology, mathematics, and materials science to
address complex challenges. Chemical engineers often collaborate with experts from different
fields to solve problems and create innovative solutions. This interdisciplinary nature not only
makes chemical engineering a dynamic and diverse field but also emphasizes the importance of
teamwork and communication skills in achieving successful outcome.
- An Act Modernizing The Professional Regulation Commission, Repealing For The Purpose
Presidential Decree Numbered Two Hundred And Twenty-three, Entitled "Creating The
Professional Regulation Commission And Prescribing Its Powers And Functions," And For Other
Purposes
- This Act shall be called the "PRC Modernization Act of 2000."
- It has 21 sections.
- Statement of Policy – The State recognizes the important role of professionals in nation-building
and, towards this end, promotes the sustained development of a reservoir of professionals whose
competence has been determined by honest and credible licensure examinations and whose
standards of professional service and practice are internationally recognized and considered
world-class brought about the regulatory measures, programs and activities that foster
professional growth and advancement.
- An Act Regulating The Practice Of Chemical Engineering And Repealing For This Purpose Republic
Act Numbered Three Hundred And Eighteen (R. A. No. 318), Otherwise Known As "The Chemical
Engineering Law“
- This Act shall be known as "Chemical Engineering Law of 2004.“
- It contains 39 sections.
- Statement of Policy. – It is hereby declared the policy of the State to supervise and regulate the
practice of chemical engineering vital to national development, upgrade chemical engineering
education in order to ensure that our chemical engineers are at par with the best in the world,
and to reserve the practice of such profession to Filipino citizens.
- Industrial plant shall mean any plant in which a unit process and/or operations are involved,
including the related pollution control and abatement processes or operations.
- Unit process shall mean the chemical change which is involved in the manufacture of industrial or
consumer products or the treatment of industrial or chemical wastes.
- Unit operation shall mean the physical operation by which a desired step in an industrial process
is conducted or controlled. This includes, but is not limited to storage of gases, liquids, solids, heat
transfer, evaporation; mass transfer, i.e. distillation, absorption, adsorption, drying,
humidification, extraction, leaching, mixing and dispersion, separation, i.e. filtration, screening,
molecular sieving and coalescing.
- Professional chemical engineering subjects shall mean any of the following and similar chemical
engineering topics: chemical engineering thermodynamics; chemical engineering calculations;
physical and chemical principles; industrial processes; momentum transfer; heat transfer; mass
transfer; industrial wastes management and control; process equipment and plant design; and
biochemical engineering and bio-engineering; and
- Chemical engineer shall mean a person duly registered, and a holder of a valid Certificate of
Registration and Professional Identification Card issued by the Board of Chemical Engineering and
the Professional Regulation Commission.
Enumerate at least five major powers and duties of the Board of Chemical Engineering.
As listed in the IRR of RA No. 9297, the following are included in the powers and duties of the board
of chemical engineering:
- Supervise and regulate the practice of the chemical engineering profession.
- Adopt rules and regulations for the practice of chemical engineering.
- Adopt an official seal and prescribe the seal of the chemical engineering profession.
- Determine and evaluate the qualifications of the applicants for registration.
- Prosecute or institute criminal action against any violator of this Act and/or rules and regulations
of the Board.
- Perform such other functions as may be necessary in order to implement the provisions of this
Act.
Who may practice chemical engineering?
This declaration explains that, according to the Act, only those who are appropriately licensed and
registered are permitted to conduct chemical engineering. Firms, partnerships, corporations, or
associations cannot be licensed or registered as chemical engineering enterprises under the Act. Chemical
engineers, on the other hand, are permitted to form partnerships with other qualified engineers and
architects. Subject to the Act's requirements, these partnerships may use titles such as "Chemical
Engineers," "Engineers," or "Engineers and Architects" in their partnership name.
Can the Board of Chemical Engineering adopt and promulgate implementing rules and regulations?
Why?
The Board of Chemical Engineers can adopt and promulgate the rules stipulated in the act only if
the Commission approves. Such rules include the Code of Ethics and Code of Technical Standards for
Chemical Engineers. As with any other law, these rules shall be effective 30 days after the date of the
publication in the Official Gazette or in any other major newspaper of general circulation.
- The Implementing Rules and Regulations (IRR) shall cover all the mandated functions and duties
of the Professional Regulatory Board of Chemical Engineering to facilitate the implementation of
the provisions of Republic Act 9297.
- Laws are also rules that govern everyone equally, while regulations only affect those who deal
directly with the agency who is enforcing them.
- Types of IRR: legislative rules, procedural rules, and interpretative rules.
In Section 30 of the Proposed IRR, you can see a significant change in the scope of practice and
services of a chemical engineer compared to the current IRR of RA 9297.
- The first noticeable change is the section title. It was modified from "Scope of Practice" to "Areas of
Practice" to align with the intention of the revision, which is to broaden the prospects for chemical
engineers.
- Instead of treating the preparation of a feasibility study, estimation, valuation, and planning as separate
services like in the current IRR, with the Proposed IRR, such services are considered consultancy services.
In addition, if a client avails the consultancy services of a Professional Chemical Engineer, the documents'
seal and signature are provided to signify the work's authenticity.
- The investigation is still included in the scope of practice, but it is now expounded where limits and
conditions of rendering such services in industrial plants and facilities are clearly defined. Furthermore,
with the proposed IRR, expert witnessing can be included as a service offered by a chemical engineer,
such as providing expert opinion in a court proceeding.
- As for the practice of designing, the proposed IRR clearly defines the service as Process, Plant, and
Equipment Design, where a Professional Chemical Engineer will be the one to conceptualize and simulate
the processes in designing an industrial plant with the use of design tools and technologies. Moreover,
such a service also prepares the technical specifications of the unit processes and operations of the
industrial plant.
- In the proposed IRR, the supervision of installation is also included. It shall be known as supervising the
construction of an industrial plant following the approved design and its commissioning, ensuring that
technical specifications are followed.
- Quality management is further expressed in great detail in the proposed IRR, especially regarding the
production and manufacturing facilities a chemical engineer can practice overseeing the operation and
troubleshoot and optimize any trouble.
- The practice of research and development can still be found in Section 30 of the proposed IRR and
engages the multidisciplinary nature of Chemical Engineer concepts and theories in research application,
resulting in innovation and improvement of products.
- However, the Government Regulatory Function is an entirely new scope of practice that focuses on
the inspection and monitoring of compliance of Industrial plants to laws and regulations regarding waste
management and pollution control.
- In the proposed IRR, Academia was focused, and levels of educational attainment under Chemical
Engineering were clearly defined, engaging more at the graduate level, such as pursuing graduate
studies and collaborative research partnerships.
- Entrepreneurship and Corporate Governance are added to the scope of practice in the proposed IRR
because a Professional Chemical Engineer can act as a "Compliance Officer" in establishments that
employ chemical engineering theories and concepts. But the services of a chemical engineer can extend
to the preparation of Sustainability Reports of Publicly listed Companies as required by the Securities
and Exchange Commission under this scope of practice.
b. Other Provisions
Several revisions were also notable in other provisions, such as the following:
- In Section 1, more subsections were added to the proposed IRR to emphasize the scope of the IRR;
- In Section 3, more terms were defined, such as PIChE, certifying chemical engineer, professional fee,
process personnel, industrial safety, risk management, non-disclosure agreement, etc. Also, some terms
and definitions were enhanced and appropriated;
- In Section 6, the Board was explicitly given the power and duty to conduct regular dialogue with
educational institutions offering chemical engineering programs;
- In Section 16, the last statement about a Filipino citizen who graduated from a foreign educational
institution is moved under Section 16-c.
- In Section 21, additional responsibility was given to the board preparing test questions, which is to
ensure that at least 70% of the test questions are relevant to the real world;
- In Section 22, the percentage weight was changed from 40%-30%-30% to 50%-30%-20% for Chemical
Engineering, Physical and Chemical Principles, and General Engineering, responsibly;
- The proposed IRR corrected the label for Section 41 which is mistyped by the current IRR;
- In Sections 42, the industrial plant compliance and worthiness certificate, as well as the role of the
chemical engineers in this area, was elaborated. Also, Section 43 further explains the roles and
responsibilities of Certifying Chemical Engineers;
A code of ethics is a set of principles and rules used by individuals and organizations to govern
their decision-making process, as well as to distinguish right from wrong. They provide a general idea of
the ethical standards of a business or organization.
A code of ethics is important because it clearly lays out the rules for behavior and provides the
groundwork for a preemptive warning.
- Sole Proprietorships
o The sole proprietorship is a business registered by an individual.
o Its business liabilities extend to the personal assets of the owner, meaning, if the business
liabilities are not paid, the creditors can run after the personal assets of the owner.
o It is mostly small-scale enterprises commonly a service or retail trading.
o Foreign investors are permitted to establish sole proprietorship business as long as the
applicable laws of the land are observed.
o To be registered in the Department of Trade and Industry (DTI).
- Partnerships
o The partnership is composed of two or more individuals contributing money, property,
expertise as well as ideas and other things of value putting them together into a common
fund with the intention of dividing the profit among them.
o It has a separate legal personality from its partners. However, partnership business
liabilities extend to the personal assets of the partners.
o A partnership may either be general or limited.
o To be registered in the Securities and Exchange Commission (SEC).
- Corporations
o Generally, the corporation is the most preferred business set-up in the Philippines.
o A corporation is required a minimum of 5 but not more than 15 incorporators, majority of
whom must be Philippine residents.
o The corporation has a separate and distinct legal personality from its owner-stockholders,
whose liability under the laws is limited to their contributed share capital.
o A corporation is categorized either as a) domestic if created under Philippine laws, and b)
foreign, if formed in the country where it resides. depending upon the company’s business
objectives and expansion strategy.
o To be registered in the Securities and Exchange Commission (SEC).
- One Person Corporation
o One Person Corporation (OPC) has a single stockholder who can either be a natural
person, estate or the subject of a trust entity. Unlike regular corporations,
o OPCs do not need multiple incorporators or a board of directors to register their business.
o OPCs can exist perpetually.
o To be registered in the Securities and Exchange Commission (SEC).
- Cooperatives.
To constitute “doing business” in the Philippines, the foreign corporation must actually transact
business in the Philippines. It must perform specific business transactions within the Philippine
territory on a continuing business on its own name and on its own account.
Scope of Practice 1. Technical Consulting Process Analysis and Solution Preparation of Feasibility
Studies and Plant Design Estimation and/or Valuation Planning 2. Investigation 3. Designing 4.
Supervision of Installation including Monitoring of Construction Activities and Commissioning of Industrial
Plants. 5. Manufacturing Operation, including Integrated Management Systems and Systems Thinking. 6.
Pilot-Testing 7. Research and Development 8. Quality Assurance 9. Academia. Areas of Specialization 1.
Forensic Investigation 2. Quality Management System 3. Government Regulatory Functions 4.
Entrepreneurship 5. Corporate Governance 6. Chemical Reaction Engineering and Catalysis (CREC) 7.
Nuclear Processes and Operations 8. Nanotechnology 9. Environmental Engineering and Management 10.
Sustainability Engineering 11. Biomedical Engineering 12. Biochemical Engineering 13. Biomolecular
Engineering 14. Tissue Engineering 15. Materials Science and Engineering 16. Corrosion Engineering 17.
Energy Engineering and Management 18. Metrology 19. Emerging Technologies
Chemical Engineering is a discipline at the interface of molecular sciences and engineering closely linked
with the fundamental subjects of chemistry, biology, mathematics, physics and the application of
computational science and collaborative with other engineering disciplines to design equipment, systems,
and processes, to operate an industrial plant, and manufacture products. It encompasses the translation
of molecular information into discovery of new products and processes and involves molecular
transformations by chemical, physical, and biological means with multi-scale description from the sub-
molecular to the macroscopic, and the analysis and synthesis of such systems.
Professional Chemical Engineer (PChE), following Washington Accord Qualification Standards and
Graduate Attributes, is a natural person or a hybrid of natural person and Artificial Intelligence (AI) and/or
Robots and/or Digital Twin, with the natural person being a duly registered professional who is a holder of
a valid physical or digital Certificate of Registration and a Professional Identification Card, and a tamper
proof digital seal issued by the Board of Chemical Engineering and the Professional Regulation
Commission; certified by his or her local chapter of the Accredited Integrated Professional Organization
(AIPO) as a member of “Good Standing”; and holder of a valid Professional Tax Regulation (PTR). The use
of AI and/or Robots and/or Avatars shall be registered together with the application or renewal of the
natural person of his/her Chemical Engineering License. The natural person shall be responsible for
providing the signature and digital seal for the outputs created by AI and/or Robots, and/or Digital Twin.
AI/Robots/Digital Twin by themselves shall not be considered Professional Chemical Engineers for the
purpose of ensuring public safety by preventing its misuse by anonymous and unscrupulous individuals or
groups of individuals.
Republic Act No. 8293 otherwise known as the Intellectual Property Code of the Philippines was enacted
and signed into law in 1997.
Republic Act 10372 (Amendments to the Intellectual Property Code of the Philippines) which created a
Bureau of Copyright in IPOPHL and provided for its enforcement powers as well as strengthened copyright
protection; and the creation of a tripartite technical working group (TTWG) to study the protection of the
IP of indigenous peoples (IPs)
WHAT INCLUDE INTELLECTUAL PROPERTY RIGHTS? 1. Copyright and Related Rights 2. Trademarks and
Service Marks 3. Geographic Indications 4. Industrial Designs 5. Patents 6. Layout-Designs (Topographies)
of Integrated Circuits 7. Protection of Undisclosed Information
- Environmental law is a body of law dedicated to protecting the natural environment from
degradation because of human influences.
- t works to protect land, air, water, and soil. Negligence of these laws results in various punishments
like fines, community service, and in some extreme cases, jail time.
- Without these environmental laws, the government would not be able to punish those who treat
the environment poorly.
- Institutes measures to promote a more acceptable system which corresponds to the vision of
sustainable development.
- Aims to merge environmental protection with economic pursuits, recognizing the re-orientation
of the community’s view on solid waste, thereby providing schemes for waste minimization,
volume reduction, resource recovery utilization and disposal.
- Core Provisions:
o 1. Reduction of wastes being generated
o 2. Reduction of wastes to be disposed, via: (a) recycling and (b) composting > undertaken
through materials recovery facilities (MRF)
o 3. Safe disposal of residual wastes (e.g. sanitary landfill or eco-center)
- Role of LGUs
o primarily responsible for the implementation and enforcement of the provisions of this
Act within their respective jurisdictions
o barangay level shall conduct segregation and collection of solid waste for biodegradable,
compostable and reusable wastes
o municipality or city shall be responsible for the collection of non-recyclable materials and
special wastes
- MRF
o Materials recovery facilities (MRFs) were established in different barangays of the
Philippines to recover recyclable materials from municipal solid waste.
- The Philippine Clean Water Act of 2004 (Republic Act No. 9275) aims to protect the country's water
bodies from pollution from land-based sources (industries and commercial establishments,
agriculture and community/household activities).
- An Act providing for a comprehensive water quality management and for other purposes. This Act
provides for the abatement and control of pollution from land based sources and lays down water
quality standards and regulations.
- Republic Act No. 8749, otherwise known as the Philippine Clean Air Act, is a comprehensive air
quality management policy and program which aims to achieve and maintain healthy air for all
Filipinos.
- The Act provides for the creation of a national program of air pollution management focusing
primarily on pollution prevention; for the promotion of mass media communication in order to
create social awareness and active participation in air quality planning and monitoring.
RA 6969 (TOXIC SUBSTANCES AND HAZARDOUS AND NUCLEAR WASTES CONTROL ACT OF 1990)
- The act was carried out to control, supervise and regulate activities on toxic chemicals and
hazardous waste.
- The Environmental Impact Assessment (EIA) refers to a wide range of predictive tasks within
environmental planning.
- The EIA in the Philippines is considered an evaluation procedure aiming to predict the cumulative
environmental impact of a project during construction, operation, and abandonment.
- The process also includes devising enhancement and preventive measures to address potential
environmental consequences.
- The EIA System is used to improve planning and design appropriate Environmental Management
and Monitoring plans to reduce adverse environmental impacts.
- It focuses on the prediction and evaluation of the effects of human activities on the structure and
functions of “normal” ecosystem components.
EIS SYSTEM
- The Environmental Impact Statement (EIS) System refers to the comprehensive process of
assessing the significance of the effects of a project or undertaking on the quality of the physical,
biological and socio-economic environment, and designing appropriate mitigating measures as
well as environmental quality-enhancing alternatives.
- It requires that all projects or undertakings, particularly those that are considered environmentally
critical or are located in the environmentally critical areas, shall undergo a thorough
environmental impact assessment (EIA) prior to the issuance of ECC by the DENR – EMB.
- The ECC refers to the Environmental Compliance Certificate. It is a document issued by the DENR
Secretary or his/her authorized representatives (EMB Central Office Director or EMB Regional
Directors) certifying among other things, the following:
o that based on the representations of the proponent and the preparer of the EIS, as
reviewed and validated by the EIA Review Committee, the proposed project or
undertaking will not cause any significant negative environmental impact;
o hat the proponent has complied with all the requirements of the EIS System; and
o that the proponent is committed to implement the project’s approved Environmental
Management Plan.
- As a matter of policy, proponents are not allowed to start construction, implementation or
operationalization of development projects or undertaking unless they have secured ECCs for their
projects.
- Projects or companies with positive reviews for the EIA will be issued an Environmental
Compliance Certificate (ECC) allowing Environmentally Critical Projects within Environmental
Critical Areas to proceed to various approval processes and implementation.
- Empower the Department of Health with the following powers and functions: Undertake the
promotion and preservation of the health of the people and raise the health standards of
individuals and communities throughout the Philippines.
- The objective of this Code on Sanitation is the improvement of the way of the Filipinos by directing
public health services towards the protection and promotion of the health of the people.
The Occupational Safety and Health (OSHC) was established through Executive Order No. 307, signed by
the late President Corazon C. Aquino, on November 4, 1987.
Based on its mandate, the OSHC champions the cause of work safety and health in the Philippines.
VISION: A healthy and well-protected working population in a caring and responsive work environment
brought about by sound OSH policies and laws, research, training, information exchange, technical
expertise and extensive networking.
MISSION: To develop effective, responsive, and sustainable OSH programs, policies and services; promote
excellent management of resources and foster mutually beneficial linkages that will create a healthy and
safe work environment for workers in all industries.
Department of Labor and Employment has the mandate to implement the OSH Policies.
HACCP is a food safety system designed to identify and control hazards that may occur in the food
production process.
The HACCP approach focuses on preventing potential problems that are critical to food safety known as
'critical control points' (CCP) through monitoring and controlling each step of the process.
GMP
Good Manufacturing Practices (GMP, also referred to as 'cGMP' or 'current Good Manufacturing Practice')
GMP focuses on ensuring the safety and efficacy of products in regulated industries such as
pharmaceuticals, medical devices, and food.
ISO, on the other hand, involves establishing and maintaining a QMS that meets customer and regulatory
requirements across a range of industries.
It is the policy of the State to ensure public safety and promote economic development through the
prevention and suppression of all kinds of destructive fires and promote the professionalization of the fire
service as a profession. Towards this end, the State shall enforce all laws, rules and regulations to ensure
adherence to standard fire prevention and safety measures and promote accountability for fire safety in
the fire protection service and prevention service.
It contains 17 sections.
The provisions of the Fire Code shall apply to all persons and all private and public buildings, facilities or
structures erected or constructed before and after its effectivity.
This Code shall be administered and enforced by the Bureau of Fire Protection (BFP), under the direct
supervision and control of the Chief of the Bureau of Fire Protection, through the hierarchy of organization
as provided for in Chapter VI of Republic Act No. 6975. with the approval of the Secretary of the
Department of the Interior and Local Government (DILG).