Philippine DENR Publishes the Drafted Exemptions of Chemicals under RA 6969

The Republic Act No.6969, also known as the "Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990", aims to regulate, restrict and 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.

RA 6969 covers the following contents:

Scope;
Objectives: monitor and regulate the importation, manufacture, processing, handling, storage, transportation, sale, distribution, use and disposal of chemical substances and mixtures;
License or permit of activities involving toxic chemicals and hazardous wastes; and
Offenses and penalties.
The Department of Environment and Natural Resources (DENR), especially the Environmental Management Bureau (EMB) is in charge of the implementation and supervision of RA 6969.

DENR revises the Title II of DAO 29, which specifies the details of impurity, chemical by-product, isolated intermediate/non-isolated intermediate, alloy and statutory mixtures.

This draft proposes the procedure and definition of exemptions:

Enterprises are required to submit required documents;
Letter of request with signature;
Components of mixtures;
Process flow;
Safety data sheet (SDS); and
Other supported documents for exemption application.

Moreover, 1500 Pesos shall be paid for processing fee. The applicant must submit applications through the OPMS and provide additional information within specified time. Approved exemptions are not subject to Title II of DAO 29, which means permit license is not needed unless the substance is designated by the CCOs.

Enterprises can apply for PCL exemption if the substance in the mixture is listed in the PCL with a concentration equals to or below 1%.

The applicant shall also indicate whether they apply for CBI and provide the CBI letter. Any false statements or improper information will be revoked automatically and may lead to penalties.

This draft is scheduled to be effective after 15 days following its publication in the Official Gazette or in any newspaper of general circulation. ChemRadar is happy to provide compliance services for companies involved.