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Guidance Document for the

Implementation of Chemical Control Order for


Polychlorinated Biphenyls (PCBs)

This guidance document was produced by the POPs Project Management Office of the
Environmental Management Bureau exclusively for EMB Regional Offices under the Philippine
Enabling Activity Project on Persistent Organic Pollutants.

The information on this Guidance Document may be used only for the purpose for which it was
provided by the POPs Project Management Office. This document contains information intended
only for the implementation of Chemical Control Order for Polychlorinated Biphenyls (PCBs).

Date completed: 26 August 2005

IMGM/JRV 20
05
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

Section I. Introduction Section II. Legal Basis of a Chemical


Control Order
At the early stage of enforcement
of Chemical Control Order (CCO) for A Chemical Control Order is an
Polychlorinated Biphenyls (PCBs), the order issued by the Secretary of the
POPs Project Management Office (POPs Department of Environment and Natural
PMO) performed the monitoring of EMB Resources prescribed under the
Regional Offices implementation of the Implementing Rules and Regulations
CCO and instituted several measures to (IRR) of Republic Act No. 6969, otherwise
effectively enforce the provisions of that known as Toxic Substances and
environmental regulation. Directives have Hazardous and Nuclear Wastes Control
been issued to EMB Regional Offices to Act of 1990. The Implementing Rules and
effectively enforce the said regulation that Regulation was issued as DENR
lead to the issuance of notice of violations Administrative Order No. 29, Series of
to various firms. 1992.

Under Section 20 of DENR


Administrative Order No. 29, Series of
1992, if the Department has determined
that the use, storage, transport, process,
manufacture, 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 of
general circulation:

As part of the institutional a.) prohibit the use, manufacture,


strengthening being undertaken by POPs import, export, transport, process,
PMO at the Environmental Management storage, possession or sale of the
Bureau relative to the enforcement of the chemical substance;
CCO, this guidance document was
developed to standardize the approach of b.) limit the use, manufacture, import,
implementation of CCO for PCBs to all export, transport, process, storage,
EMB Regional Offices nationwide. During possession or sale of the chemical
the devolution / delegation of EMB Central substances; or,
Offices task (POPs PMO) to its regional
offices, a clear guideline is necessary to c.) place such controls or conditions
prevent inconsistency in the enforcement on the use, manufacture, import,
approach for this environmental export, transport, process, storage,
regulation. possession or sale of the chemical
substance to abate or minimize
risks or hazards posed by the

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Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

chemical substances on public policy objectives of the CCO,


health and environment. considers discarded materials
containing greater than 2 ppm PCBs
as PCB waste (e.g. waste transformer
Section III. Basic Policy in the oils with PCB level of greater than 2
Enforcement of Section ppm). Result of analysis shall be in
IV(1.1) of CCO for PCBs total PCB.

1. Electrical transformers or any 4. All waste oils (I101) coming from


equipment containing dielectric fluids power plants, sub-stations and electric
or heat transfer fluids which have not utilities / cooperatives which have not
been proven as PCB-free material been proven as PCB-free material
shall be deemed to contain PCBs and shall be deemed to contain PCBs and
shall be classified as Suspected PCB- shall be classified as Suspected PCB
contaminated equipment, unless wastes, unless otherwise proven by
otherwise proven by the owner through the owner through submission of a
submission of a PCB Certificate of PCB Certificate of Analysis which
Analysis which should contain a should contain a concentration of not
concentration of not more than 2 ppm more than 2 ppm PCBs (total PCB);
PCB (total PCB); and,

2. Electrical transformers or any 5. All empty housing of electrical


equipment containing dielectric fluids transformer / equipment previously
or heat transfer fluids which have not containing dielectric fluids or heat
been proven as PCB-free material transfer fluids which have not been
shall be deemed to contain PCBs and proven as PCB-free material shall be
shall be classified as Suspected PCB- deemed to contain PCBs and shall be
contaminated equipment, unless classified as Suspected PCB article,
otherwise proven by the owner that the unless otherwise proven by the owner
date of manufacture is beyond 1990s through submission of a PCB
and has not undergone any retrofilling Certificate of Analysis which should
activities which could be a cause of contain a concentration of not more
PCB contamination (e.g. use of PCB- than 2 ppm PCBs (total PCB).
contaminated filtering machine). All
supporting documents must be 6. Therefore, owners of industrial
notarized (e.g. sworn statements facilities and commercial buildings
relative to retro-filling activities). containing SUSPECTED PCB
EQUIPMENT, PCB-CONTAMINATED
3. PCB wastes means discarded EQUIPMENT, NON-PCB
materials that contain PCBs or have EQUIPMENT, PCB WASTES, PCB
been contaminated with PCBs that are ARTICLE, or PCB PACKAGING are
without any safe commercial, required to register with the
industrial, agricultural or economic Environmental Management Bureau
usage (Sec. II of CCO for PCBs). The (Section IV, Item No. 1.1(d) of CCO for
Bureau, in the interest of upholding the PCBs).

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Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

Relative to PCB-free definition


under Section II of the Chemical Control 12. Government-owned buildings
Order, the Bureau hereby clarifies the 13. Commercial buildings / facilities:
definition of PCB-free material or waste as
any material or waste containing PCBs at Malls
a concentration of 2 mg/kg or less as
used in the PCB Management Plan of the Hotels / Condominiums
Australian and New Zealand Environment Offices (Buildings/Towers)
and Conservation Council (ANZECC)
which was developed by the Scheduled Radio and TV Stations
Wastes Management Group and the
National Advisory Body (NAB). Section II Large-scale Laboratories
(11) of the Chemical Control Order
Other commercial
defines PCB-free material as any solid or
liquid that does not contain any PCB. installations established in
1970s.

Section IV. Priority Sectors


Section V. Reporting Requirements
1. Electric Utilities / Electric for EMB Regional Offices
Cooperatives
1. A Quarterly Report for the
2. Power Generation firms enforcement of DENR Administrative
Order No. 01, Series of 2004, shall
3. Power Distribution firms be submitted by each Regional
Director to the Director. The Office of
4. Mining firms
the Director, through its Chemicals
5. Industrial and Manufacturing firms Management Section, shall prepare
a summary report for submission to
/ Agro-Industrial firms
the Office of the DENR Secretary.
6. Terminals
2. The prescribed format of the report is
7. Large Military Installations / attached on this guidance document
Camps marked as Annex-A.

8. Hospitals
9. Schools / Universities
10. Mass transportation system (e.g.
MRT,LRT)
11. Marine tankers / vessels (Private
and Government- owned)

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Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

Section VI. Guidelines for the o low dielectric constant;


identification of PCBs and o low volatility;
materials containing PCBs o good fire resistance;
o low water solubility;
(Taken from the Handbook o high solubility in organic solvents;
developed by Dr. Yves Guibert, and,
UNEP Consultant / International o good ageing properties, with no
Expert on PCBs) deterioration in service.

However, the disadvantages of PCB fluids


BASIC INFORMATION ON PCBs are now seen as considerable, since they
are:
Chemical name: Polychlorinated
biphenyls o non-biodegradable;
o persistent in the environment;
Trade Names/Synonyms : o able to accumulate in fatty tissues
(Refer to Annex-A of CCO for PCBs) in the body; and,
o suspected of being carcinogenic
CAS Registry Number : 133-63-631

Formula: C12H10-(x+y) Cl(x+y) PCBs IN ELECTRICAL EQUIPMENT

Technical grade polychlorinated A transformer generally contains a


biphenyls (PCBs) consist of a mixture of dielectric fluid that is only partially a PCB,
homologous and/or isomeric chlorinated since PCBs can be viscous. The mixture,
biphenyls. Theoretically 209 congeners/ thus, can include a mineral oil or another
compounds are possible with various chlorinated organic liquid that is not a
degrees of chlorination between 21% and PCB, e.g. trichlorobenzene or
68%. PCBs with an average content of 42 tetrachloroethylene. These products are
to 54% chlorine play the largest role in fluid and therefore reduce the viscosity of
production and use. Of special ecological the transformer oil. This facilitates the flow
interest are the congeners: 28, 52, 101, of the liquid through the cooling ducts of
118, 138, 153, 180, non-ortho 77, 126, the transformers, and thus increases
169 and mono-ortho 105, 118. cooling efficiency.

From the beginning of their PCB dielectric fluids can be a blend


commercial use in 1929 until the of polychlorinated biphenyl and, for
beginning of the 1970s, PCBs were example, trichlorobenzene (TCB). The
utilized in open as well as closed systems. purpose of the TCB is to reduce the
PCBs are among the most stable organic viscosity of the PCB to enable the fluid to
chemicals known. Their low dielectric circulate freely through the cooling ducts
constant and high boiling point make them in the coils. PCB oils were initially
ideal for use as dielectric fluids in proposed as dielectric fluids for use in
electrical capacitors and transformers. In electrical equipment such as:
summary, PCBs have:

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Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

a.) transformers sometime in 1989, POPs Project


b.) capacitors Management Office has recommended a
c.) circuit-breakers cut-off date of 1990. This is also based in
d.) voltage regulators a study conducted by Tetra Tech
Environmental Management, Inc.
This is because of their excellent
dielectric properties and also because of
their very low flammability. A PCB oil can Use in closed systems:
absorb rapid changes in electric fields Insulation liquid in capacitors
with very little heating up, i.e. with very
little loss of energy. Also, PCBs have a Insulation and cooling liquid in
low flash point and no fire point, meaning transformers
that they are stable in changing Hydraulic oil at mines
temperatures. They only burn if placed in
contact with an open flame. Equipment Liquid in heat exchangers
such as transformers, capacitors and to a
lesser extent heat-exchangers and
Use in open application:
hydraulic equipment may contain PCBs or
fluids with varying levels of PCB Lubricants
contamination. For example, PCBs may Softener for plastics and glues
be found in hermetically-sealed capacitors
ranging in size from those fitted to Laminating agents in paper
fluorescent lights, containing a few grams production
of PCB, to high voltage units, containing Impregnating agent
up to 60 kg of PCB liquid. Capacitors are
maintenance-free but may leak at welds. Fire retardant (e.g. in printing inks,
Capacitors contain the lower chlorinated oil, paints, self-copying paper and
congeners of PCBs, which are therefore plastics)
more volatile. Additive in cement plaster and
casting agents
PCBs were gradually phased out
Additive for insecticides
for applications in electrical equipment
from the early 1980s, depending on the Sealing liquid in measuring
country. In the absence of further instruments
information, it may be assumed that Heavy oil in ring scales
equipment manufactured before 1986
may contain PCBs. A very large number
of transformers that exist today still Main emission sources:
contain PCBs, and the challenges are first
to identify such equipment, and then to Evaporation of PCBs used in the
select the most appropriate steps to past in open systems, from
eliminate the PCBs they contain. products and buildings

Since the recorded last production of


PCBs worldwide was determined

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Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

Evaporation of spilled or leaked totaled 1.5 million tons (UNEP 1999


PCBs from equipment containing report).
PCBs that are still in use
Evaporation from landfills or PCB-contaminated oil
incinerators
Evaporation of PCBs from In the period when transformer
improper disposal of PCB factories were still making PCB-containing
containing products transformers and mineral oil-containing
equipment, many transformers with
Emissions of PCBs from engines mineral oil were cross-contaminated in
and furnaces burning liquid or such a way that they had to be considered
gaseous fuels containing PCBs or chemical waste.
contaminated with them
Emissions of PCBs from open They were contaminated because
burning or incomplete incineration the same pumps, hoses and silos were
of waste used for both mineral and PCB-containing
oil. In addition, a dash of PCB-containing
Emissions of PCBs from small oil was often added to the mineral oil in a
capacitors in household appliances transformer to prevent foam formation.
Evaporation of PCBs from waste oil
Finally, careless handling of parts
recycling
(e.g. pumps) and tools during
maintenance also cross-contaminated
PCBs are mainly emitted from their
equipment originally free from PCBs.
application in open systems in the past,
and in electrical equipment partly used
until today (more than 90 % of total PCB
Identification of type of cooling
emissions).
Any of the following or their
Because of the long lifetime of the
abbreviations indicates a fluid other than
products containing PCBs (10 - 30 years),
transformer oil:
and e.g. its use in small capacitors/
condensers, which are usually disposed o Liquid Natural Cooling (LN)
with garbage, as well as unavoidable o Liquid Natural Air Natural Cooling
accidental, and illegal release of PCB, it is (LNAN)
very difficult to stop PCB emissions in a
short time by legal or technical measures. o Synthetic Natural Cooling (SN)

Polychlorinated biphenyls (PCBs) In principle, these transformers do


are now out of production worldwide, but not contain PCB oils.
since 1929, the beginning of their
commercial use, until 1989, world A name-plate showing ON or
production, excluding the Soviet Union, ONAN applies to Oil Natural or Oil
Natural Air Natural" cooling.

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Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

Density of transformer fluid Resonant start;

An examination can be made of the A capacitor that is cylindrical or


weight of the contained cooling liquid as rectangular, encased in an aluminum
shown on the nameplate and this can be container with a weld running all the
related to the volume of the transformer in way around the top edge with two
gallons or liters. The specific gravity of terminals with quick connect tags;
chlorinated organic liquids is much higher
than that of a hydrocarbon, in the region A date mark from 1950s, 1960s or
of 1.5, whereas oil is less than 1.0. 1970s;

If a drain valve or sample valve is A capacitor encased in a rectangular


available, an easy test would be to take a tin container with soldered seams;
sample of the fluid and establish its
specific gravity. A value in the region of Slightly heavier than similar types of
1.5 would show that the oil contains capacitors manufactured after the
PCBs. A simple field-test is to add a few 1970s (which do not to contain
drops of the coolant into a test tube or PCBs).
flask filled with water. A PCB-based
coolant will rapidly sink to the bottom
while a conventional oil or silicone will
float on top of the water.

It is also possible to calculate the


ratio between the weight of the dielectric
in kilogram and the total weight.

This ratio (Weight of the dielectric/


Total weight) is generally 23% for the
mineral oil transformers and 35% for pure
PCB oil. (See table sheet of density of
PCB-contaminated mineral oil in the next
page).

Section VII. Identification of PCB-


containing fluorescent
ballasts

PCB-containing equipment within


fluorescent light fittings is likely to have
one or more of the following
characteristics:

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Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

TABLE SHEET OF DENSITY OF PCB CONTAMINATED MINERAL OIL

PCB PCB
Oil Density of Density of average
Concentration concentration
concentration Mineral Oil PCB density
(mg/kg - ppm ) ppm
150,000 15.00% 85.00% 0.9 1.45 0.9825
152,000 15.20% 84.80% 0.9 1.45 0.9836
154,000 15.40% 84.60% 0.9 1.45 0.9847
156,000 15.60% 84.40% 0.9 1.45 0.9858
158,000 15.80% 84.20% 0.9 1.45 0.9869
160,000 16.00% 84.00% 0.9 1.45 0.988
162,000 16.20% 83.80% 0.9 1.45 0.9891
164,000 16.40% 83.60% 0.9 1.45 0.9902
166,000 16.60% 83.40% 0.9 1.45 0.9913
168,000 16.80% 83.20% 0.9 1.45 0.9924
170,000 17.00% 83.00% 0.9 1.45 0.9935
172,000 17.20% 82.80% 0.9 1.45 0.9946
174,000 17.40% 82.60% 0.9 1.45 0.9957
176,000 17.60% 82.40% 0.9 1.45 0.9968
178,000 17.80% 82.20% 0.9 1.45 0.9979
180,000 18.00% 82.00% 0.9 1.45 0.9999
182,000 18.20% 81.80% 0.9 1.45 1.0001
184,000 18.40% 81.60% 0.9 1.45 1.0012
186,000 18.60% 81.40% 0.9 1.45 1.0023
188,000 18.80% 81.20% 0.9 1.45 1.0034
190,000 19.00% 81.00% 0.9 1.45 1.0045
192,000 19.20% 80.80% 0.9 1.45 1.0056
194,000 19.40% 80.60% 0.9 1.45 1.0067
196,000 19.60% 80.40% 0.9 1.45 1.0078
198,000 19.80% 80.20% 0.9 1.45 1.0089

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Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

Applicant EMB

Applicant Chemicals Management Section (CMS)

no Properly filled-up
reg. form /
Notarized?

yes
Acceptance of payment of
CMS to issue Order of Payment fee at EMB Cashier

Submission of registration form to


EMB Records Section

1 working day

Evaluation of submitted documents (CMS)

7 working days

no for yes
Environmental Quality Division
approval?
Chief
2 working days

Office of the Director

5 working days

Release of PCB Registration


Certificate

Section VIII. Basic Procedure on


Application for PCB
Registration

1. The applicant must prepare a letter


of application and fill-up properly the
PCB Registration form (Annex-B of
the CCO for PCBs) 3 sets. In
compliance with EMB Memorandum
Circular No. 04, Series of 2005,
registration forms shall be notarized

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Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

(EMB Regional Offices shall not Section IX. Procedure on Application


accept any application or registration for Exemption
form that is not duly notarized);
This procedure was developed
2. Asked for an Order of Payment from and intended for Section IV, item no.
EMB Central Office or Regional 1.1d of the CCO for PCBs. Owners of
Office and pay the prescribed industrial facilities and commercial
registration fee at the EMB Casher; buildings containing suspected PCB
equipment, PCB-contaminated equipment,
3. Attached the photocopy of Official non-PCB equipment, PCB wastes, PCB
Receipt to the registration form and article, or PCB packaging; who have
letter of application; and, applied for registration under Section IV
(1.1) of the CCO and intends to apply
4. Submit the letter of application, for exemption from the *other
registration form and the photocopy requirements of the CCO for PCBs shall
of Official Receipt to the Records undergo the following process.
Section of EMB Central or Regional
Office. Submit letter of request for
exemption* from the other
requirements of the CCO for
PCBs addressed to the EMB
Director.

Submit photocopy of PCB


Registration Certificate. If not yet
registered, apply for PCB
registration by declaring the
equipment Suspected PCB
equipment.

PCB Inventory Form

Submit original copy of Test


Certificate(s) or PCB-Free
Certificate(s) or in case of
suspected PCB equipment
Atty. Lolibeth R. Medrano
Director
manufactured beyond 1990,
certification from the manufacturer
of the equipment that it does not
contain any PCBs ( 2 ppm PCB
level will be classified as PCB-
Free as a clarification to the
definition of PCB-Free material
under the CCO).

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Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

Additional documents, such as Section X. Procedure on


but not limited to the PCB Evaluation of PCB
Validation Inspection Form, to be Registration Application
filled-up by EMB personnel, may
be required as needed by EMB 1. Before receiving the application
for further review and evaluation form, the data required by the form
must be checked in terms of
Note: In order to be exempted from the completeness. In case of incomplete
other requirements of DAO 2004-01 data, the application form shall be
(CCO for PCBs), the applicant must returned to the applicant.
establish that all of the equipment under
the CCO in their possession are PCB- 2. Upon receipt of the documents (letter
free (PCB 2ppm) by submitting of application, 3 sets of properly
original copy of Test Certificate/s, or filled-up registration form, and
for suspected PCB equipment photocopy of official receipt),
manufactured beyond 1990, PCB-Free pertinent data needed by the
Certificate/s or Certification from the database shall be encoded
manufacturer of the equipment that it immediately.
does not contain any PCB ( 2 ppm
PCB). 3. Evaluation will be done based on the
information provided by the
Exemption covers the following: applicant.

1. Submission of Annual Reports and 4. Evaluation Report shall be the basis


Inventory Reports; of issuance of PCB Registration
Certificate. The maximum time-frame
2. Compliance to Handling Requirements, for processing of application from the
Labeling Requirements, Storage date of filing shall be thirty (30)
Requirements, Treatment and working days.
Disposal Requirements;
5. In the letter of transmittal to be
3. Submission of PCB Spill Prevention issued by the concerned EMB
and Clean-Up Plan, PCB Storage Regional Office (attaching the PCB
Facility Closure Plan; Registration Certificate), the
registrant should be reminded that in
4. PCB Management Plan; and, case of sale or legal transfer of a
facility covered by the PCB
5. Insurance and Surety Bond Registration Certificate, the registrant
Requirements. shall notify the Environmental
Management Bureau of such and the
name and address of the transferee
within thirty (30) working days from
the date of sale or transfer. Also, it
shall be the duty of the transferee to

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Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

notify the Environmental Management


Bureau of such transfer.

FLOW OF EVALUATION FOR APPLICATION OF EXEMPTION FROM THE


OTHER REQUIREMENTS OF THE CHEMICAL CONTROL ORDER FOR PCBs
End
Start
Issuance of letter of
No
Letter-request for exemption Yes exemption
submitted to EMB
PCB-
Does the contami
applicant No nated?
submitted a
sworn
statement?
No Does the
Yes
applicant Yes Issuance of letter of
submitted an disapproval
Inventory
Report?

Does the
Sworn statement is
Manufacturers required
Certificate Re-
No available?
No start
No

Does the
Yes Retro- Yes laboratory
filled? analysis
available? Yes

Section XI. Procedure for Evaluation


of Application for
Exemption

Guidelines in the evaluation of the


documents for exemption from the other
requirements of the CCO for PCBs:

1. Check for the completeness of the


submitted documents. (Please refer
to above document checklist.)

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Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

2. The PCB Inventory Report Form Note: In order to be exempted from


must be properly filled-up. the other requirements of DAO 2004-
Maintenance history of the 01 (CCO for PCBs), the applicant
equipment, including retrofilling and must establish that all of the
reconditioning activities must be equipment covered by the CCO in
stated. If PCB analysis is present, their possession are PCB-Free (PCB
please state the PCB concentration. 2ppm).

3. The Certificate/s of Analysis should


indicate the sample number, batch Section XII. Procedure for the
number, or serial number of the Evaluation of Annual
equipment/s or the oil tested. Report

4. The PCB-free Certification / 1. Annual Report shall be evaluated in


Certificate of Analysis issued by terms of compliance to the required
manufacturers of electrical information prescribed under
equipment, materials and dielectric Section IV, Item No. 2.1 of the CCO
oils should indicate the trade name for PCBs.
and/or type of equipment or material
being certified. 2. The information required by the CCO
under Section IV, Item No. 2.1 shall
5. The Certificate of Analysis / PCB- be comprehensively disclosed using
Free Certificate from the the prescribed annual report form
manufacturer is valid if the (Annex C of CCO for PCBs).
equipment is not reconditioned or
retrofilled. A PCB Validation 3. The date of receipt of the Annual
Inspection may be done to verify this Report at EMB shall be checked with
information. In the case of imported the prescribed schedule of submission
used, reconditionable transformers, of the report as stipulated in the
a Certificate of Analysis of the CCO.
equipment prior to oil draining or the
analysis of the equipment with the oil 4. Annual Report of firms with more
drained is necessary. than one facility shall be a
consolidation of annual reports of all
6. Test Certificate/s or PCB-Free the facilities, for submission to EMB
Certificate/s must correspond to as a single document.
every piece of equipment in the
firms possession, either collectively 5. Non-submission of Annual Report of
or individually. any registrant within the prescribed
period shall cause the issuance of
notice of violation by the regional
office.

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Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

Section XIII. Procedure for the by the user as long as its contents
Evaluation of Inventory conform to the required information
Reports of the Chemical Control Order.

1. Pertinent information from the 2. The information required by the CCO


inventory report shall be encoded in under Section IV, Item No. 9 shall be
a database to establish statistical comprehensively disclosed using the
data which can support future suggested format for PCB
changes in policies. Management Plan.

2. Notarized Inventory Report of firms 3. The date of receipt of PCB


with more than one facility shall be a Management Plan at EMB shall be
consolidation of inventory reports of checked with the prescribed schedule
all the facilities to be submitted to of submission of the report as
EMB as a single document. stipulated in the CCO.

3. EMB reserve the right to require the 4. Selected information from the PCB
registrant to submit an electronic Management Plan shall be encoded
copy of the inventory report. A in a data base to establish statistical
suggested Annual Inventory format data.
is attached on this guidance
document. 5. PCB Management Plan of firms with
more than one facility shall be a
4. Non-submission of Inventory Report consolidation of management plans
of any registrant within the of all the facilities, to be submitted to
prescribed period shall cause the EMB as a single document
issuance of notice of violation by supported by a letter of transmittal.
regional office.

Section XV. Guidelines on


Section XIV. Procedure for the Importation of Non-PCB
Evaluation of PCB Equipment
Management Plan
1. Coverage
1. PCB Management Plan shall be
evaluated in terms of compliance to 1.1 This guideline applies to
the required information under the importation of non-PCB
general outline prescribed by Section equipment including electrical
IV, Item No. 9 of the CCO for PCBs. equipment claimed to be PCB-
Suggested format for PCB free material. Non-PCB
Management Plan has been equipment (PCB < 50 ppm)
attached on this guidance document includes but not limited to the
for reference purposes (See Annex- following: electrical transformers,
F). The suggested format can be capacitors, voltage regulators,
revised and/or modified accordingly oil circuit breakers, and other

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Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

electrical equipment containing 2. No importation of non-PCB


or previously containing equipment and electrical equipment
dielectric fluids. Electrical claimed to be PCB-free material
equipment claimed to be PCB- shall be allowed by the Bureau of
free material1 (PCB 2 ppm) Customs, and other concerned
refers to electrical transformers, government agencies, without a valid
capacitors, voltage regulators, importation clearance granted by the
oil circuit breakers and other Environmental Management Bureau
electrical equipment claimed to (Central Office).
contain or previously
containing dielectric fluids 3. Importation of non-PCB equipment
certified as PCB-free material shall no longer be allowed by 19
(PCB 2 ppm). March 2007 unless otherwise the
Section V (2) of the Chemical
1.2 Persons / entities covered by Control Order for Polychlorinated
Section IV, Item No. 1.1 of the Biphenyls is amended by the DENR
Chemical Control Order who Secretary.
intends to import non-PCB
equipment including electrical 4. The following minimum requirements
equipment claimed to be PCB- shall be submitted to Environmental
free material, must secure Management Bureau (Central Office)
importation clearance from the by the importer for issuance of
Environmental Management importation clearance of non-PCB
Bureau (Central Office) prior to equipment:
the entry of the equipment in
any area within the Philippine 4.1 Properly filled-up and notarized
territory. As such, any shipment application form (Annex A)
not covered by an importation 4.2 Certificate of PCB analysis
clearance shall be deemed issued by a competent
illegal import and shall be laboratory indicating the PCB
confiscated and forfeited in level of each equipment
favor of the Government. 4.3 Copy of insurance coverage for
the shipment

5. In order to uphold the policy


1
objectives of the Chemical Control
PCB-free material was defined under the Order for Polychlorinated Biphenyls,
DENR Administrative Order No. 01, Series of
2004 (Chemical Control Order for
and to guarantee that electrical
Polychlorinated Biphenyls) as any solid or liquid equipment claimed to be PCB-free
that does not contain any PCB. To further clarify material exported to the country
this definition, PCB-free shall also mean any does not contain any PCB (PCB 2
material or waste containing PCBs at a ppm), the following minimum
concentration of 2 mg./kg or less as used in the
2002 Edition of PCB Management Plan (Item
requirements shall be submitted to
1.2) of Environment Protection and Heritage Environmental Management Bureau
Council of Australia. (Central Office) by the importer for

-15- 15
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

issuance of importation clearance of 9. The Environmental Management


electrical equipment claimed to be Bureau may conduct actual
PCB-free material: inspection of the shipment if the
need arises. In case of determination
5.1 Properly filled-up and notarized of violation of Section V (1.b) and
application form (Annex A); Section V (2) of Chemical Control
Order for Polychlorinated Biphenyls,
5.2 Certification from the it shall be the responsibility of the
manufacturer indicating the importer to return the equipment to
PCB level of each equipment or the shipper when denied entry by the
Certificate of PCB analysis appropriate Government Agency or
issued by a competent to dispose it in a TSD facility duly
laboratory indicating the PCB registered with the Environmental
level of each equipment; and Management Bureau.

5.3 Copy of insurance coverage for 10. The validity of importation clearance
the shipment. shall not exceed one (1) year from
the date of issuance.
6. Importation clearance shall be
applied at the Environmental
Management Bureau (Central Office) Section XVI. Protocol on validation
at least thirty (30) working days prior inspection of PCB
to the date of arrival. Registrants

7. The prescribed fee for the Facility entry The EMB Inspection
importation clearance shall be seven
Team shall coordinate with the
(7) hundred pesos (PhP 700.00) to
officer-In-charge of the facility (e.g.
cover the cost of processing and
Plant Manager) and to the Pollution
other expenses incurred by the
Control Officer (PCO) / Environment
Environmental Management Bureau.
Officer.
8. Importation clearance shall be Pre-inspection meeting The
issued on a per shipment basis. It objective and expected output of the
contains special conditions (e.g. validation inspection shall be
submission of photocopy of bill of discussed clearly to the officer-In-
lading) which must be complied by charge and to the PCO of the facility.
the importer to prevent revocation / The inspection team shall request for
cancellation of importation clearance a short briefing on the applicable
or institution of applicable safety policies of the facility to
administrative and criminal sanctions guarantee safety during the conduct
as provided for under Republic Act of actual site inspection. Prior to the
6969 and other applicable laws and conduct of actual site inspection, the
regulations. necessary personal protective
equipment (PPE) should be secured
and used properly.

-16- 16
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

Request for electrical plans / in Annex-C of this guidance


inventory of electrical equipment document.
Prior to the actual site inspection, the Conduct of inventory (Inventorying
inspection team shall request to the PCB-containing equipment/total
officer-In-charge of the facility the quantity of PCB oils & PCB-
inventory / list of electrical contaminated mineral oil) During
equipment, devices or heat conduct of actual inventory, the
exchangers which may contain
inspection team shall utilize the
substances with PCBs or suspected prescribed validation inspection form
to be contaminated with PCBs.
(See Annex-B). If the need arises,
Electrical plans showing the single they may use additional sheets to
line diagram, layout of those produce a comprehensive validation
electrical equipment / devices,
inspection report.
including its specifications may be
borrowed by the inspection team to Sampling and Analysis The
be used during the actual site inspection team may require the
inspection for the purpose of double facility to provide laboratory analysis
checking the physical inventory. of substances used in electrical
equipment and heat exchangers
Working with the electrical personnel
which is suspected to contain PCBs.
during the conduct of inspection
For the purpose of upholding the
During the actual site inspection, the
policy objectives of the CCO for
inspection team shall request for the PCBs, a substance can be
assistance of electrical personnel considered PCB-Free material if
present in the site in coordination
the result of PCB analysis is less
with the PCO. Technical
than or equal to 2 parts per million.
specifications and information can be
Whereas, non-PCB equipment are
obtained and/or verified from them
equipment with PCB concentration of
(i.e. schedule of replacement of
less than 50 parts per million.
transformer oils / retro-filling). PCB
wastes stored on-site shall be Conduct of on-site inspection of PCB
labeled accordingly based on the Storage Facility - The storage facility
requirements of the Procedural shall be inspected based on storage
Manual of DENR Administrative requirements set forth under Section
Order No. 36, Series of 2004. IV (5.1) of the CCO for PCBs. The
Labeling of installations and storage inspection team may refer to the
facilities for PCBs, PCB equipment, attached sample illustration of a
PCB-contaminated equipment, non- storage facility marked as Annex-G
PCB equipment, PCB wastes, PCB and Annex-H). PCB Storage
articles, PCB packaging, must have facilities shall secure a TSD Facility
a signage which must conform to Permit pursuant to Chapter 6 of
Section IV, Item No. 4.3 of the CCO. DENR Administrative Order No. 36,
Equipment labels shall conform to Series of 2004.
the prescribed format as presented

-17- 17
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

Post-inspection meeting Upon thereof to the applicable


completion of the site inspection, the administrative and criminal sanctions
inspection team shall discuss the as provided for under Republic Act
findings stated in the validation 6969 and other applicable laws and
inspection form to the officer-In- regulations.
charge and to the PCO of the facility.
The level of compliance to the 2. Under Section 15 (Administrative
provisions of CCO for PCBs shall be Fines) of Republic Act 6969, in all
clearly discussed including the cases of violations of that law,
recommendations and corrective / including violations of implementing
mitigating measures in case of non- rules and regulations, the Secretary
compliance. Immediate response is authorized to impose a fine of not
and comments of the firms officer-in- less than Ten Thousand pesos (PhP
charge and PCO shall be taken by 10,000.00), but not more than Fifty
the inspection team as an input to Thousand pesos (PHP 50,000.00),
their validation inspection report. upon any person or entity found
Upon completion of the Post- guilty thereof. The Prescribed
inspection meeting, the inspection Graduated Administrative Fines
team shall require the officer-In- under DENR Memorandum Circular
charge and the PCO to sign in the No. 003, Series of 2005 can be
validation inspection form and imposed to firms who have failed to
provide them a photocopy of that register under the CCO for PCBs.
form. Also, misrepresentation, inaccurate
or inconsistent data/information
submitted to the Bureau,
Section XVII. Fines and Penalties / environmental damages, and other
Procedure on issuance of forms of environmental degradation
notice of violation and conduct (i.e. spillage, leak, poisoning, and fire
of technical conference accidents) are grounds for the
imposition of fines stated on that
With regards to the guidelines on Circular.
the issuance of Notice of Violation
(NOV) under the DENR Administrative 3. In case of dumping or discharge of
Order No. 01, Series of 2004, the PCBs or any substance contaminated
following procedure shall prevail in the with PCB in violation of Chapter 5,
interest of upholding the policy Section XXVII (f) of Republic Act 9275
objectives of that Chemical Control (Clean Water Act of 2004), the case
Order: shall be endorsed immediately to the
Pollution Adjudication Board.
1. Per Section 10 of DENR
Administrative Order No. 01, Series 4. In case of operation of facilities that
of 2004, any violation of the discharge or allow to seep, willfully
requirements specified on that or through gross negligence, PCBs
Chemical Control Order will subject or any substance contaminated with
the person or persons responsible PCB, into water bodies or wherein

-18- 18
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

the same shall be liable to be who committed gross violation of the


washed into such surface, ground, requirements prescribed by the
coastal, and marine water in violation CCO:
of Chapter 5, Section 27 (g) of
Republic Act 9275, the case shall be 8.1 The concerned EMB Regional
endorsed immediately to the Office shall file a formal
Pollution Adjudication Board. complaint at the Energy
Regulatory Commission (ERC),
5. In case of deliberate discharge of citing the following provisions of
PCBs or any substance contaminated Republic Act 9136 otherwise
with PCB in toxic amounts which is known as Electric Power
classified as gross violation under Industry Reform Act of 2001:
Section 28, Chapter 5 of Republic
Act 9275, the case shall be endorsed Chapter VIII, Section 65,
immediately to the Pollution Environmental Protection
Adjudication Board. Participants in the generation,
distribution and transmission
6. Standard Operating Procedure sub-sectors of the industry shall
(S.O.P.) for compliance monitoring comply with all environmental
for the verification and assessment laws, rules, regulations and
of violations on the requirements of standards promulgated by the
Chemical Control Order for PCBs Department of Environment and
shall conform with the same S.O.P. Natural Resources including, in
set forth under EMB Memorandum appropriate cases, the
Circular No. 11, Series of 2003. establishment of an environmental
Monitoring Team shall check and guarantee fund.
assess the industry/companys extent
of compliance to the requirements Rules and Regulations to
and procedures set forth under implement Republic Act 9136,
Section 4 of the Chemical Control Rule 28, Environmental
Order for PCBs, and compliance with Protection Pursuant to
Section 5 on Ban and Phase-out on Section 65 of the Act, Electric
Importation, Sale, Transfer and use Power Industry Participants in
of PCBs. the generation, distribution and
transmission sub-sectors of the
7. With regards to guidelines on industry shall comply with all
issuance of Notice of Violation environmental laws, rules,
(NOV) and conduct of Technical regulations and standards
Conferences, the procedure promulgated by the DENR
prescribed under EMB Memorandum including, in appropriate cases,
Circular No. 11, Series of 2003 shall the establishment of an
prevail. environmental guarantee fund.

8. Alternative legal sanctions to any


member of electric power industry

-19- 19
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

8.2 The Energy Regulatory Section XVIII. Other useful


Commission (ERC) may impose Information on PCB
fines and penalties for violating Management
the Chemical Control Order for
PCBs based on the following:
MAINTENANCE OF PCB
Chapter IV, Section 46 of RA TRANSFORMERS
9136, Fines and Penalties By: Dr. Yves Guibert (UNEP Consultant)
The fines and penalties that
shall be imposed by the ERC The overall maintenance of a
for any violation of or non- transformer will be carried out in
compliance with this Act or the accordance with standard practices as
IRR shall range from a described by the manufacturer and in
minimum of Fifty Thousand the corresponding handbooks of the
pesos (PhP 50,000.00) to a electrical industry.
maximum of Fifty Million pesos
(PhP 50,000,000.00). Presented here is an overview
and guidelines on key aspects of
Fourth paragraph: If the transformer maintenance. At issue are
offender is a government official the possible risks which might arise from
or employee, he shall, in the operation of transformers containing
addition, be dismissed from the PCB oils. That is to say:
government service with
prejudice to reinstatement and o risks arising from leaks of PCB
with perpetual or temporary oils;
disqualification from holding any
elective or appointive office. o risks from fire; and,

Rule 35 of the IRR, Fines and o risks appearing at the end of the
Penalties Pursuant to working life of the equipment,
Section 46 of the Act, the when it has to be reclassified.
following are the fines and
penalties: The fines and Maintenance in this context means,
penalties that shall be imposed
by the ERC for any violation of o Firstly, the regular on-going
or non-compliance with the Act examinations and tests that could
or these Rules shall range from lead to the detection of an
a minimum of Fifty Thousand insufficiency in any aspect of the
pesos (PhP 50,000.00) to a transformer performance.
maximum of Fifty Million pesos
(PhP 50,000,000.00). o Secondly, maintenance is the
taking of appropriate steps to
remedy the defects identified.

-20- 20
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

The simplest and cheapest test o Secondly, a slow degradation of


that can be applied to a transformer in the oil, described below, will
operation, or in store, is a visual make it more corrosive. This
examination. This will be complemented acidity may then cause internal
by periodic testing of the electrical corrosion at the weaker parts of
performance, and by chemical tests, i.e. the transformer, even if it is
tests on the dielectric fluid itself, when apparently in satisfactory
possible. condition. These weaker parts
are the transformer cooling fins
that are manufactured by
LEAKS FROM TRANSFORMERS bending, forming and possibly
welding. These operations can
When a leak or seepage has cause stresses, and weakening
been detected on a transformer, it is of the structure, leading to more
necessary to establish the cause of the likelihood of corrosion.
leak to prepare remedial action.
Apart from repairing the leak, if
Most common is leaks at seals possible, it is necessary in all cases to
and gaskets. Here, there may be take effective action in respect of the oil
possibilities of carrying out effective that has been released. This means
reparations without affecting the main collecting all the contaminated
body of the transformer. materials, including gloves and clothing
used in carrying out repair work, and
A more serious situation occurs placing these in appropriate receptacles
when the leakage or seepage is due to for elimination.
a defect in the metallic structure of the
transformer. It is necessary to examine
the outside surface of the transformer PERFORMANCE EVALUATION
regularly to ensure that any problem is
detected at the earliest possible Transformers must be
moment. Such leaks, due to a periodically checked to detect any
breakdown of the metallic casing of the change which may be the first signs of
transformer, can be due to several degradation in the performance of the
causes. transformer, and therefore of possible
risks arising. The process of checking
o First of all, mechanical and on various parameters will include the
accidental damage to the following characteristics:
transformer casing can be the
seat of a leak. Even if this is not a) Electrical performance. This is a
the case, the damage may render direct evaluation of performance and
the casing more liable to attack will be carried out in accordance with
by acidity in the oil, by weakening the manufacturers specifications.
it and increasing the chances of Generally, decreasing performance
corrosion, and then leakage. will be seen as changes in the
input/output characteristics. These

-21- 21
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

observations are, thus, essentially CHEMICAL TESTS


electrical.
As already indicated, a
b) Level of oil in transformer. Certain transformer is a complex structure
transformers will have direct or that can vary quite considerably from
indirect devices allowing the oil level one manufacturer to another. All,
to be controlled. A decrease in oil however, include a system of cooling
level may be compensated for in fins, implying complex shapes, and
certain cases by topping up with a many welds. The cooling system is
similar dielectric oil. designed to allow the heat that is
generated in the oil during its
c) Changes in oil characteristics. This electrical functioning to be evacuated
control involves having access to the through the cooling fins.
transformer oil. If this is possible, it is
necessary to carry out certain This overall system means that
measurements on the oil to ascertain several causes of degradation can
whether the physical and electrical develop:
properties have not undergone
deleterious changes. The various o pin-hole leaks in the welds
tests (electrical and chemical) that leading to influx of moisture
must be carried out on the oil are and/or air excessive variations in
described below. the temperature of the oil,
because of ambient temperatures
changes, insufficient circulation
ELECTRICAL TESTS leading to over heating, etc.

The dielectric test is important to o influx of air and moisture through


measure the oil's continuing efficiency. seals and gaskets, etc.
The test, carried out with recognized
and authorized test equipment, The result of these incidents is
measures the voltage at which the essentially to allow air (oxygen) and
dielectric breaks down. water to interact with the PCB oil
leading to chemical degradation of
The power factor test is an the oil. This chemical degradation
indication of the loss in the dielectric can be detected and measured as
power of the oil. Any shortcoming in follows:
these properties will be an indication
that the oil has undergone some sort a) The acidity of the oil will be the
of chemical degradation. These sign that oxidation of the oil has
chemical changes will be due to a occurred, because of the
number of factors related to the presence of air (possibly under
design of the transformer and the the effect of electrical fields and
manner in which it has been used. temperature). The acidity is
measured as the number of
milligrams of KOH (potassium

-22- 22
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

hydroxide) required to neutralize levels which are acceptable in the


one gram of oil. A new oil would local or regional regulatory situation.
have an acid value of less than However, the equipment is still in a
0.05 mg. A transformer oil is satisfactory electrical and
considered to be unusable if this mechanical condition justifying its
value rises above 4 mg. The continued use. In such cases,
effect of acidity will of course to retrofilling of the transformer may be
favor corrosion of the metallic an option.
parts of the transformer, in
particular the cooling fins which b) The transformer has been found to
are thinner, and thus more no longer comply with the
sensitive to corrosion than the specifications related to its use, for
main casing of the transformer. example due to poor electrical
performance, poor mechanical
b) The interfacial test measures the condition or leaks. In these cases the
surface tension between the oil transformer must be replaced by a
and a non-miscible liquid such as new unit, and must also be
water. As the organic, hydrophobic eliminated by methods permitted by
transformer oil starts to degrade the relevant legislation.
under the effect of oxygen or
water, it becomes slightly less Note: It has been found in many
hydrophobic, and therefore the countries that there are two different
wetting angle with water reasons why a transformer may contain
changes. This test can therefore PCBs.
foresee subsequent decreases
that will occur in the electrical The first is that the transformer
performance of the oil. was designed and built to be used with
a PCB oil. These are the cases that
have been considered up until now in
RECLASSIFICATION OF this publication. However, experience
TRANSFORMERS has shown that many transformers sold,
or labeled, as non-PCB transformers
When it has been decided that can in fact contain PCBs. This is
the condition of a transformer is no because many transformers using
longer compatible with the requirements conventional oil have been cross
of environmentally sound management contaminated by PCBs.
(as may be set down in legislation), it is
necessary to examine the different In Europe, this figure may be as
options that are available for treating the high as 45 percent. The reason is that
problem. There can be two basic the facilities used many years ago for
reasons for reclassification of a filling transformers were often employed
transformer: both for PCB oils, and for other non-
PCB oils.
a) The transformer is found to have a
PCB content which is above those

-23- 23
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

Cross-contamination, thus, occurred operations, and this is over several


and a transformer marked as a months.
conventional oil transformer may contain
well above 0.005 percent (50 ppm) of It is possible in certain cases to
PCBs, which is the ultimate threshold retrofill a transformer while it is under
specified in Annex A of the Stockholm load. This is usually done in cases
Convention. In such cases, retrofilling is where the equipment is inaccessible, for
a practical method of reducing PCB example on off-shore platforms.
levels to below 0.005 per cent.

RETROFILLING OF TRANSFORMERS

Retrofilling of a transformer
means emptying the equipment of its
dielectric fluid, and replacing this with a
new non-PCB oil.

As has already been mentioned,


this operation can be quite long, since Weight before distillation : 290 grs
the inside of a transformer is complex. A Weight after distillation : 106 grs
Quantity of liquid extracted : 183 grs
more serious problem is related to the Percentage on the total weight : 63 %
fact that the transformer usually
contains wooden and possibly paper
components. These materials are A decision about the viability of
porous and retain the contaminated oil. doing a retrofilling operation will take
It is thus not possible, in a relatively into consideration local factors. These
short time, to remove all the PCB oil. are basically the cost of carrying out the
retrofilling operation, including disposal
The result is that when a new, costs for the contaminated materials, to
clean oil is placed in the transformer, be set against the cost of buying a new
there is a gradual leaching out of transformer, if the original one is
residual PCBs from the porous discarded.
components. Over a period of weeks, or
longer, the measured PCB level in the One will also take into
new transformer oil can slowly rise consideration the legislation in force
again, perhaps to above the levels concerning the allowable level for PCBs
which are legally permitted. in transformers. This would probably be
about 0.005 percent (50 ppm), as in
The time required for the leaching most countries today.
action to be finished, thus stopping any
release of PCBs into the transformer oil Parties to the Stockholm
depends on the size and structure of the Convention will be obliged to eliminate
equipment. In some cases, it may be the use of PCBs in equipment such as
necessary to carry out several retrofilling transformers and capacitors by 2025.

-24- 24
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

They will also be required to 4) What is the potential impact on


make determined efforts designed to downstream users if the operation is
lead to environmentally sound waste stopped?
management of liquids containing PCBs
and equipment contaminated with PCBs
(PCB content above 0.005 per cent) as 5) Will there be positive results in terms
soon as possible and no later than of public perceptions if the
2028. transformer is decontaminated?
The fact that PCBs are no longer
being used will have a marked positive
RETROFILLING DECISION
effect on any person or population living
CHECKLIST
near the transformer site.
A large number of factors will
6) Is technology readily available for the
have to be taken into consideration
retrofilling operation?
before a decision can be made on
retrofilling: Is the available technology close
to the transformer or must the unit be
1) What is the age of the equipment? transported to the retrofilling site?
A transformer generally has an
7) Are suitable replacement fluids
effective life of about 30 years. Does the
available, in view of the transformer's
remaining expected life-time justify
characteristics?
retrofill? (Phase-out targets stipulated by
the Chemical Control Order for Electrical oils are not completely
Polychlorinated biphenyls and the 2001 interchangeable. The transformer may
Stockholm Convention should also be have been designed to use a particular
taken into consideration.) oil, and a similar non-PCB oil must be
selected, or adjustments may have to be
2) What is the condition of the made in the design of the transformer.
transformer?
8) Will retrofilling really reduce the PCB
Is the electrical performance of
content of the oil, taking into account
the transformer still satisfactory? What
back diffusion of PCBs from porous
about signs of leaking, condition of
components of the transformer?
seals, appearance of rust, etc.?
As explained before, the
3) What will be the effective shutdown complete removal of PCBs from the
time for the equipment? interior of a transformer may be a long
process. This time requirement may be
If the transformer is taken out of
an important factor which will have to be
operation, what will be the impact on
taken into account.
stopping the electrical supply it was
providing?

-25- 25
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

9) How will the waste transformer oil be REQUIRED CHARACTERISTICS OF


eliminated? PCB REPLACEMENT OILS
Retrofilling implies removal of the
PCB replacement oils are used in
PCB oil, and its decontamination. Such
two different contexts:
decontamination technology may be set
up near the transformer itself. If not, and a) for the filling of new transformers
if the oil must be taken to an elimination (here the transformer can be
site, the conditions of transport of such a designed to take into account the
hazardous material must be done in key characteristics of the oil: specific
accordance with the provisions of the gravity, viscosity, and coefficient of
Basel Convention for such hazardous thermal expansion in particular); and,
waste movements.
b) for the retrofilling of old transformers
10) How will other wastes generated by (here the selected oil must take into
the retrofilling (clothing, sawdust, account the design of the
rags, etc.) be eliminated? transformer, to make sure that it can
Such hazardous wastes, operate with the physical properties
although not produced in large of the new oil).
quantities, can represent a real
elimination problem. Technologies This publication considers the
described in the UNEP publications second case, where the transformer
cited above, and applicable to well- characteristics are known, and the
defined cases (equipment, oils) are not replacement oil's characteristics must be
suitable for decontamination or chosen to accommodate these
elimination of such products. It may be parameters. The selection of a
found that incineration is the only replacement oil for retrofilling will
solution available. If shipment to an therefore be made taking into
external high-temperature incinerator is consideration the following parameters:
planned, again the provisions laid down
by the Basel Convention will have to be 1) Electrical characteristics. In principle,
respected. these do not present any problem.
The dielectric constant, breakdown
11) What will be the total cost, taking into point, etc. are chosen as a function
account all the above factors? of what is required by the conditions
of use of the transformer.
The economic aspects of carrying
out a retrofilling operation must of 2) Fire-resistance properties. It must be
course be calculated, and this will be remembered that PCB oils were
done as a function of local conditions. introduced many years ago when the
The important point however is to be danger of fires in electrical
aware of all the costs factors which installations were seen as being of
retrofilling involves. great importance. Since PCBs were
seen as being eminently fire-
resistant, and also very good

-26- 26
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

electrically, their use became 6) Flash point and flammability.


widespread. However, they were Although the flash and fire points of
used in many environments where the replacement PCB oils will not
fire-resistance was not an over-riding approach those of the PCB oils, they
factor; in a way, oils were therefore should be as low as possible.
"overqualified" for the uses for which
they were required. 7) Combustion by-products. This may
not be a determining factor for oil
3) Density. The density of a selection, but the behavior of the oil
replacement oil might be a problem if upon combustion must be known. To
it is much higher than that of the take extreme examples, it can be
original one. However, PCBs have said in general that a hydrocarbon oil
high specific gravities, and thus, the will burn to harmless by-products,
change to a lower density oil should such as water, carbon dioxide, etc., if
not cause mechanical problems in it burns in ideal conditions (although
the transformer. black smoke will be produced in the
case of shortage of oxygen). On the
4) Coefficient of thermal expansion. other hand, a silicone oil will produce
This property is of great importance. silica, and therefore produces dense
Transformers are not only required white smoke. It can be noted that
to work in different climatic PCBs are fire resistant because of
conditions, but the operation of the the presence of chlorine, an element
transformer itself leads to electrical which hinders combustion and which
energy losses which appear as heat. is often used in fire retardants.
Marked temperature changes may
thus occur. It is essential therefore 8) Environmental considerations. An oil
that the transformer be designed to called upon to replace PCB oils must
accept volume changes resulting of course not present the same
from changes in temperature. disadvantages as PCBs with respect
to the environment. It must therefore
5) Viscosity. A transformer is designed be non-toxic. The main characteristic
firstly to allow electrical field changes which is looked at is biodegradability
with the minimum of electrical the ability of the oil, if spilt, to be
losses, and secondly to cool the oil decomposed slowly in the environment,
which is absorbing the energy losses by natural effects, in particular
and producing heat. This heat is microorganisms and sunlight. In
removed by circulating the oil addition, the combustion products
through cooling fins that are an should present no special danger
essential part of the transformer from the toxicity point of view.
design. The movement of the liquid
through small channels is more
efficient for lower oil viscosities. The
temperature dependence of the oil
viscosity is also of importance.

-27- 27
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

OTHER CONSIDERATIONS CONTROL MEASURES FOR


RETROFILLING HANDLING OF PCB-
Replacement oils offered on the CONTAINING TRANSFORMERS
market today are all of course suitable
for use in electrical equipment. They Transformers are best drained
may, however, not be suitable for a on-site before transportation to the
particular use, e.g. for a transformer specialist retrofilling facility. The PCB
being used in certain conditions. The fluid needs to be transferred to metal
reason is that transformers have a drums of appropriate quality for
variety of designs, and that these transportation for their elimination
designs call for a transformer oil with the destination. It is recommended that
appropriate properties. absorbent material be readily available
so as to facilitate dealing with any
A transformer can be either spillage that may occur. To reduce
hermetically sealed, or be of the potential exposure to the fluid, it is
"breathing" type; this means a necessary to avoid all manual
transformer which is not completely operations such as decanting.
sealed and which may also be fitted with Mechanical pumping of fluids is
an expansion chamber to take into better. It will be necessary, of course, to
account variations in density, and wear personal protective equipment
therefore of volume, as a function of (PPE) during these procedures to
temperature. prevent skin absorption. During draining,
there will be a need to prevent splashing
In the case of transformers that and any spillage. Precautions will also
can accommodate temperature changes, need to be taken to avoid and prevent
and this is ensured by the expansion the spread of any leak or overflow.
chamber placed outside the transformer Respiratory protective equipment will be
(above it), it is possible to use an oil necessary if ventilation is poor.
which has a relatively high coefficient of
thermal expansion. The temperature
changes will, in these cases, be PROVISION OF FACILITIES FOR
absorbed by the transformer design. HANDLING AND DISMANTLING OF
EQUIPMENT CONTAINING PCBS
However, in the case of a sealed
transformer, it is imperative that the It is recommended that the
replacement oil have the same thermal central facility be divided into clean and
expansion coefficient as the original oil, dirty work areas, separated by a
to avoid the generation of high internal changing facility. Clean and changing
pressures as the temperature rises. areas should have smooth impermeable
surfaces. Transformers and capacitors
should only be dismantled in the dirty
area. This dirty area should be a
discrete area, preferably a separate
room.

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Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

The work benches of the dirty o a dirty side, where PPE may be
area need to be covered with a smooth put on; and,
impervious material and be fitted with lip
edges to retain any spill. The floor of the o an exit to the work area.
dirty area need to be constructed of, or
covered by, a smooth impervious There may need to be an area
material, and have a low retaining wall set aside for mid-shift and other breaks.
(bund) to contain spillage. This area would have restricted access.

The bunded area should not be No one wearing contaminated


connected to any public drainage PPE would be allowed entry. In the
system. A large, adequate opening is shower/toilet area, individual lockers
needed to bring transformers and must be provided to allow storage of
capacitors into the dirty area. To reduce clean clothing.
potential back-contamination, this needs
to be screened by plastic strips (or other
suitable means). PRECAUTIONS REQUIRED WHEN
Over time, the floor of the dirty CUTTING PCB-CONTAINING
area is likely to become contaminated EQUIPMENT
with PCBs, especially if the concrete is
cracked or damaged. Depending on the When sealed transformers are
extent of work done, the flooring may dismantled (to allow access to the core)
need to be removed at intervals, or there is the possibility that PCB vapor,
possibly just when the area is no longer fumes or aerosols may be generated.
used for work with PCBs. Work practices should be adopted to
minimize the generation of these.
The floor life may be extended by
using wooden or fibreboard mats when For example, as the temperature
dismantling large transformers. In increases, so will the vapor pressure of
addition to physically protecting the the PCB and, hence, its ability to form a
floor, these mats will also absorb small vapor. This effect can be very
spills or drips of PCB. pronounced at higher temperatures. The
vapor pressure of Aroclor 1260 increases
Contaminated flooring and mats ten-fold between 300C and 600C and
will need to be treated as PCB waste. that of Aroclor 1248 increases a
Personnel access to the working hundred-fold between 0C and 500C.
surfaces should only be by way of a
changing area. It is recommended that There is also some evidence that
the dismantling facility include the under certain conditions, temperatures
following: of between 200C and 450C can
produce slow formation of furans, and
o an entry to the clean side; that with higher temperatures, between
450C and 700C, dibenzofuran
o shower/toilet area; generation is possible. Because of this,
it is clear that any sort of flame cutting or

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Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

welding process should be avoided if it there is 10 per cent retention in the core
is reasonably practicable to do so. The and coils, and that the PCB contamination
heat from the flame will not only reaches equilibrium with the new oil
vaporize PCBs on the surface of the after a period of 90 days on load cycles.
piece being cut, but will spread to
adjacent parts and increase the Thus, if the original oil was found
volatilization of nearby PCBs. to be contaminated to a level of 500
ppm, a retrofill of new oil will stabilize at
Capacitors need to be punctured 50 ppm of PCB after 90 days.
and drained (if they contain liquids) in a
way that minimizes the production of
aerosols or vapor. If this is an PRECAUTIONS NEEDED FOR
automated process, testing will confirm FLUSHING EQUIPMENT TO
that any aerosol or vapor is confined to REMOVE PCBs
areas around the process where there
are unlikely to be any personnel. If this If the transformers have been
process is performed manually then washed through with solvent, possible
local exhaust ventilation may be exposure to these solvents must be
required. considered and appropriate measures
taken. Reduction of exposure may be
Mechanical cutting of equipment accomplished by increased ventilation at
is the preferred option, but it should be the work station or by a system of work
remembered that it can generate which reduces the need for operator
localized heat or cause aerosol presence when the flushing takes place.
formation. These effects are most The use of PPE should be regarded as
pronounced when cutting speeds are the method of last resort, to protect
high. It is therefore recommended that against residual risk only.
when mechanical cutting is used, cutting
speeds are reduced to as low as
possible consistent with effective use. HANDLING PCB-CONTAINING
CAPACITORS

EMPTYING OF PCB Capacitors are best removed


TRANSFORMERS from the site of origin as whole units and
placed in metal containers that can be
It must be appreciated that even sealed to await transportation to a
when great care is taken to remove as licensed storage site or an authorized
much of the original oil from the elimination plant. Leaking units require
transformer tank as possible, and after specialized handling. It is recommended
allowing a period of two hours for the that all leaks be absorbed with saw dust,
transformer to "drip" off some surface oil sand or earth, and the units and the
from the windings, there will still be contaminated absorbing material be
contaminated oil trapped within the core stored in metal containers ready for
and coils. In the case of distribution disposal. As capacitors are likely to
transformers, it is generally found that contain more volatile congeners, large

-30- 30
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

spills or spills in confined spaces may o a full face mask with Type "CC'
require respiratory protection, as well as replacement canister can be
skin protection measures. used for low lever exposure.

The symptoms of PCB exposure


HEALTH AND SAFETY are chloracne, eye irritation, drowsiness,
headaches and a sore throat.
Health and safety while handling
PCB-containing materials are of prime Under no circumstances must
importance. The following chapter is not any operative or observer smoke in the
a rigorous presentation of measures to area where PCB is being handled.
be taken in that context. Rather, it is a
series of guidelines that should encourage Acceptable threshold limit values
the operator to refer to more complete (TLVs) are usually not fixed by
instructions and recommendations made legislation. However, we can cite here,
by his local health authorities. for example, the levels recommended
by the United Kingdom Heath and
Safety Executive:
HANDLING PCBCONTAMINATED
LIQUIDS AND EQUIPMENT o for 42% chlorine content (e.g.
HEALTH PRECAUTIONS Aroclor 1242): long term
exposure: 1 mg/m3
Operatives handling PCB liquid
and contaminated materials must take o for 54% chlorine content (e.g.
the following precautions: Aroclor 1254): long term
exposure: 0.5 mg/m3
a) Ensure adequate ventilation in the
working area. Portable fans at In Germany, the former Federal
ground level should be used in Health Office recommended the
enclosed substations. following:

b) Wear full protective clothing, i.e. o Tolerable Daily Intake (TDI): 1 mg


per kg body weight per day
o one-piece chemical resistant suit;
o Action to be taken if level
o boots, or disposable covers for exceeds 3,000 mg per m3 of air
shoes;
o Target: keep level below 30 mg
o fully approved face breathing per m3 of air
mask, with a positive air flow from
remote air compressor or bottles; Should any spillage of PCBs
and, occur, this must be contained with
absorbent materials, which would be
placed in steel drums for subsequent
approved disposal.

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Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

Operatives dealing with spills No material is completely


must take the following first-aid impervious to PCBs and, therefore, it is
precautions: necessary to make certain that
arrangements are in place to regularly
o If PCBs come into contact with change all PPE.
the eyes, immediately irrigate the
eyes with water for at least 15 The equipment supplier will
minutes and obtain medical normally provide details on the rate at
attention. which PCBs permeate protective
equipment. This information will be
o If PCBs come into contact with useful in estimating, for each task, the
the skin, immediately remove any time it takes for PCBs to penetrate
contaminated clothing and wash through the protective equipment. This
the affected skin with soap and is known as the breakthrough time. This
water. will depend on the frequency and
duration of contact of the protective
o If swallowed, wash out the mouth equipment with PCBs and may vary
several times with clean water, from one task to the next.
drink water, and obtain medical
attention. If inhaled, move to a The supplier should be able to
fresh air zone and obtain medical provide typical breakthrough times for
attention. the different applications and indicate
whether there is a need to reduce this
time to allow for other factors such as
PERSONAL PROTECTIVE abrasion.
EQUIPMENT (PPE)
If rubber boots are used, the
Since the main danger from boots need to be regularly discarded,
PCBs is skin absorption, careful and the foot protection reinforced by the
consideration must be given to the use of disposable overshoes to be worn
choice of protective clothing including either inside or outside the boot.
overalls, boots or overshoes, gloves,
and eye protection. For laboratory work, laboratory
coats and suitable disposable gloves
PCBs will penetrate most are necessary for protection against skin
materials, but certain materials including contact. If there is a danger of dust or
natural rubber are particularly fume formation (for example by
permeable to PCBs and are thus heating), then the use of a fume
unsuitable for use as protective cupboard is recommended. It will be
garments. Chemical resistant fluorinated necessary to treat all potentially
rubbers or elastomers are more contaminated protective equipment as
suitable, and laminated materials offer PCB waste and dispose it accordingly.
the best protection against PCBs.

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Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

VENTILATION transferred to their face. This


contamination can arise from absorption
Adequate ventilation will help and passage of PCBs through the
ensure that levels of PCB vapor or mask's material, or more likely, from
aerosol do not build up. For purpose- contamination from the inside of the
built premises, ventilation can be an mask due to handling and poor storage
integral part of the design. For non- during periods of non-use. It must be
purpose-built premises or on temporary ensured that workers are aware of these
sites, good general ventilation should be possibilities, and that they are informed
adequate as long as air is supplied at a about how to minimize these risks by
higher level than it is extracted, thus regular cleaning and maintenance of
ensuring a down-draught. their RPE. It is to be noted that
disposable respirators are now being
PCB vapors and aerosols are developed.
likely to be heavier than air and more
easily controlled by this method. Where
mechanical ventilation is necessary, it ENVIRONMENTAL MONITORING
will be necessary to ensure that the air
is extracted by air handling equipment In working areas where PCBs are
with suitable filtration. To prevent being handled, it is necessary to monitor
environmental contamination, these the levels of chlorinated solvents. In
filters may need to be of the two-stage practice, such chlorinated solvents will
variety: a fabric or electrostatic filter will not be the PCBs themselves, which are
remove aerosol and an activated carbon only very slightly volatile at room
filter will remove vapor. temperature. Rather, they will be other
similar solvents often used in
conjunction with PCBs chlorinated
RESPIRATORY PROTECTIVE hydrocarbons, which have a characteristic
EQUIPMENT (RPE) smell. These would preferably be
monitored automatically and
Respiratory protective equipment continuously, fixing an alarm level at,
(RPE) may be required, in particular, if: say, 20 ppm (parts per million) of a
work areas are poorly ventilated; work chlorinated solvent in the workshop
involves the less chlorinated, more atmosphere.
volatile PCB congeners; work is liable to
lead to aerosol formation; and, if It is also possible to use a
temperatures are abnormally high. cheaper, manual system to carry out
spot checks. Such devices are testing
RPE must be selected which will tubes that change color in the presence
give adequate protection for workers. of a chlorinated vapor. Samples of air
This must be fully approved equipment. are drawn through the device at a given
If workers use non-disposable RPE flow-rate.
regularly in a dirty area, they need to be
aware that their RPE may become The measurement of PCBs in
contaminated with PCBs that can be ambient air is technically possible but a

-33- 33
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

difficult process, having to be carried out Loading areas should have adequate
in two steps: sampling, followed by spill response materials, spill prevention
analysis in an appropriately equipped measures should be taken, and spill
laboratory. control and clean-up materials should
be available, should they be needed.
Any subsequent movement of the
LEAKS AND SPILLS EMERGENCIES contaminated wastes shall be made in
strict accordance with the provisions of
In the unlikely event of an the Basel Convention on hazardous
accident, spill or leakage during waste movements.
shipment, certain emergency response
measures must be taken immediately.
Steps must be taken first of all to avoid LEAKS FROM TRANSFORMERS
unauthorized persons from approaching
the area. In the event of a PCB liquid spill
from a transformer or capacitor, the
If liquid PCBs are leaking from a following steps are to be taken.
vehicle or from damaged or spilled
containers, the drivers and/or safety 1. A crew should respond
personnel should attempt to control the immediately upon notification that
spread of liquids. Spilled material should a PCB spill has occurred.
be prevented from entering sewers,
streams or other bodies of water if at all 2. All clean-up personnel handling
possible. As soon as it is practical to do PCBs and/or engaged in the
so, the driver's supervisor or responsible actual clean-up are to wear
official at the utility should be notified. personal protective clothing and
The vehicle should not be left equipment to prevent PCB
unattended until the spill is cleaned up. contamination of clothing on skin.

If the operator of the vehicle is 3. It is extremely important that any


incapacitated, the emergency services PCB fluid must be prevented
must rely on the shipping papers to from reaching storm drains,
identify the type of quantities of sewers, drainage ditches, or any
hazardous material being transported. other place where water is
The shipping papers must be kept on flowing. The crew is to exercise
the driver's seat or in the driver's side every available option open to
door container. In any accident, a timely them to contain the PCB spill,
and proper response can prevent a including temporary diversion or
minor accident and spill from becoming bunding (use of retaining walls).
a major catastrophe. In addition, the crew should
anticipate and prevent water from
Transportation of PCBs is one of flowing into the contaminated
the highest risk areas for potential spills area from sources such as
or leaks. Most problems occur during nearby sprinkler systems and/or
loading or unloading of the vehicle. street gutter runoff. Every

-34- 34
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

reasonable effort should be made 8. All surfaces exposed to the


to stop or retard the flow of PCBs spilled fluid should be
and contain that which has been decontaminated with swabs
discharged, using such manpower, containing an efficient solvent,
equipment and material that are such as trichloroethane.
on site or immediately available.
9. Any contaminated steel structure,
4. If the PCB spill does reach flowing wood rack, cable tray (all types)
water, storm sewers or any etc., should also be washed
inaccessible area, the first down with solvent. All equipment
employee arriving at the spill area on these structures that may be
should initiate notification contaminated by a PCB spill, but
procedures immediately, and also will not be removed, must also be
initiate measures to prevent any similarly cleaned. Caution must
additional spill material from be used regarding the solvent to
reaching water or lands. prevent further contamination of
equipment, vehicles, etc. in the
5. Barricades should be placed spill area.
around the contaminated areas to
prevent pedestrians and vehicles 10. All types of structures, buildings,
from entering until the spill private vehicles, etc. that may be
material is cleaned up and contaminated are to be washed
removed. down with solvent (taking care
that the solvent does not damage
6. In most cases, oil absorptive the vehicle varnish). All
material is a useful clean-up tool. necessary measures must be
If used, it should be spread on taken to prevent solvent and PCB
the contaminated area and from entering into any sewer or
should be left in place for at least drainage system.
one hour, or as long as
necessary to ensure that all PCB 11. All contaminated items, including
fluids have been absorbed. tools, clothing, boots, and other
equipment, must either be
7. After the spilled fluids have been thoroughly cleaned with solvent
absorbed, the absorptive material, where practical, or disposed of in
along with any contaminated soil, the steel containers provided
should be placed in the steel specifically for disposal purposes.
containers provided for that
specific disposal purpose. If 12. All drums should be clearly
conditions are such that PCB identified and stored or loaded
penetration cannot be determined, onto a vehicle. Drums must be
then at least 15 cm of soil depth carefully secured to avoid further
should be removed. spills.

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Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

13. The vehicle carrying the drums to protect it from the possibility of fire
must also be labeled in from the outside;
accordance with transportation
procedures. Inform fire and emergency services
of the presence of PCB-containing
14. The containers are to be taken equipment, so that their emergency
directly to a licensed PCB storage procedures can be adapted
area for subsequent shipment to accordingly;
a disposal point.
Check (or have checked by an
15. At large spills in densely approved organization) that the
populated areas, the spill area will PCB-containing appliances are not
be continuously manned until the operating on electrical overload;
spilled PCB oil and all clean-up
materials have been removed Check that the electrical equipment
from the site, secured in drums, has protection ensuring it switches
or otherwise neutralized. off automatically in the event of any
internal malfunction, and issue
16. If contact occurs between the instructions banning the manual
skin and PCBs, a waterless hand restarting of the equipment before
cleaner should be used on the oil, the cause of the original malfunction
the cleaner being disposed of in can be determined;
an appropriate container. If eye
contact occurs, the eye should be Ensure that the gas is kept properly
thoroughly washed with water sealed. The sites where PCBs are
and specialize advice sought. handled and where PCB-containing
appliances are kept must be
17. Spills into water require special partitioned off from sites where other
consideration. activities are carried out. It is
particularly advisable to take steps to
ensure that any smoke and vapor
Measures to be taken to avert hot resulting from an accident should be
accidents prevented from reaching neighboring
sites or offices (by way of technical
To avoid the possibility of thermal shafts, ventilation pipes, waste
decomposition of the dielectric, which disposal pipes, etc.).
can occur when toxic vapors reach
300, the following steps must be taken:

Ban the accumulation of all inflammable


matter (paper, cardboard cartons,
rags, paint, solvents) from the vicinity
of the equipment, or block off the
equipment using two-hour rated
firewalls (one-hour rated fire-doors)

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Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

Action to be taken in the event of an gaining access to the unit and


accident caused by an electrical fault fighting the fire. CO2 and dry ice
or a fire should be used rather than water,
to lessen the risk of the catch
First scenario: The transformer is basins overflowing into the
intact. There has only been some internal natural environment;
priming, and melting of the fuses.
To inform the relevant authorities
Do not replace them without without delay;
testing them first and do not open
the transformer without taking To cordon off the polluted area,
precautions; and, ensuring that access to it is
Use an oxygen mask with a gas strictly controlled and accessible
filter as the internal pressure may only to persons provided with a
have risen adding to the risk of special protective kit (waterproof
an escape of hydrochloric gas. overalls, goggles, mask,
overshoes) and then only when
Second scenario: Arcing has occurred, absolutely necessary and for the
leading to a crack in the tank of the shortest possible time;
appliance but no decomposition in the
presence of oxygen (no fire). This type To confine the pollution as much as
of accident involves the spread of PCBs possible by sealing off all channels
in a liquid state with hydrochloric acid of communication between
vapors. It is a cold accident situation polluted and non-polluted areas.
and the measures to be taken are those The authorities may order the
prescribed for the previous scenario. evacuation of the polluted area (if
it is widespread) and an
Third scenario: There has been re- inspection of the contamination.
priming of an open, run-down appliance This inspection is an extremely
or a fire in the plant. Both cases present complex and delicate exercise
a risk of PCB decomposition due to heat and must be carried out under
and the presence of oxygen, and the the strictest conditions. According
formation not only of hydrochloric gas to the results of these
but even more significantly of toxic inspections, the classified
compounds, furans and dioxins. There installations inspectorate or
is consequently a risk of hot pollution. equivalent service might ask
In this case, it is necessary: the owner to take certain
essential steps needed for the
To disconnect the unit; decontamination of the premises
in question;
To call the fire brigade, giving
them precise details about the Put into a container all rubble,
nature of the accident so that they valueless objects, and contaminated
will bring the proper equipment for clothing for their subsequent

-37- 37
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

destruction in a DENR-recognized immunological changes in children.


treatment facility; and, PCBs are known to cause cancer in
animals. PCBs have been found in at
Steam-clean or solvent-wash least 500 of the 1,598 National Priorities
immovable surfaces and valuable List sites identified by the Environmental
objects to eliminate any removable Protection Agency (EPA).
contamination and to drastically
reduce the general contamination Polychlorinated biphenyls are
with a view to bring the premises mixtures of up to 209 individual
back to normal prior to their chlorinated compounds (known as
reoccupation. Even though the congeners). There are no known natural
techniques involved are relatively sources of PCBs. PCBs are either oily
simple, the decontamination of liquids or solids that are colorless to light
premises damaged by fire must yellow. Some PCBs can exist as a vapor
be carried out by professionals. in air. PCBs have no known smell or
taste. Many commercial PCB mixtures
are known in the U.S. by the trade name
PCB Toxicological Profile Aroclor.

This fact sheet answers the most PCBs have been used as
frequently asked health questions about coolants and lubricants in transformers,
polychlorinated biphenyls (PCBs). capacitors, and other electrical equipment
because they do not burn easily and are
This fact sheet is one in a series good insulators. The manufacture of
of summaries about hazardous PCBs was stopped in the U.S. in 1977
substances and their health effects. This because of evidence that they build up
information is important because this in the environment and can cause
substance may harm you. The effects of harmful health effects. Products made
exposure to any hazardous substance before 1977 that may contain PCBs
depend on the dose, the duration, how include old fluorescent lighting fixtures
you are exposed, personal traits and and electrical devices containing PCB
habits, and whether other chemicals are capacitors, and old microscope and
present. hydraulic oils.

What happens to polychlorinated


HIGHLIGHTS biphenyls (PCBs) when they enter the
environment?
Polychlorinated biphenyls (PCBs)
are a mixture of individual chemicals - PCBs entered the air, water, and
which are no longer produced in the soil during their manufacture,
United States, but are still found in the use, and disposal; from
environment. Health effects that have accidental spills and leaks during
been associated with exposure to PCBs their transport; and, from leaks or
include acne-like skin conditions in fires in products containing
adults, and neurobehavioral and PCBs.

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Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

- PCBs can still be released to the population examined children of


environment from hazardous mothers who were exposed to PCBs.
waste sites; illegal or improper
disposal of industrial wastes and Animals that ate food containing
consumer products; leaks from large amounts of PCBs for short periods
old electrical transformers of time had mild liver damage and some
containing PCBs; and, burning of died. Animals that ate smaller amounts
some wastes in incinerators. of PCBs in food over several weeks or
months developed various kinds of
- PCBs do not readily break down health effects, including anemia; acne-
in the environment, and thus may like skin conditions; and liver, stomach,
remain there for very long periods and thyroid gland injuries. Other effects
of time. PCBs can travel long of PCBs in animals include changes in
distances in the air and be the immune system, behavioral
deposited in areas far away from alterations, and impaired reproduction.
where they were released. In PCBs are not known to cause birth
water, a small amount of PCBs defects.
may remain dissolved, but most
stick to organic particles and How likely are polychlorinated biphenyls
bottom sediments. PCBs also (PCBs) to cause cancer?
bind strongly to soil.
Few studies concerning workers
- PCBs are taken up by small indicate that PCBs were associated with
organisms and fish in water. They certain kinds of cancer in humans, such
are also taken up by other as cancer of the liver and biliary tract.
animals that eat these aquatic Rats that ate food containing high levels
animals as food. PCBs of PCBs for two years developed liver
accumulate in fish and marine cancer. The Department of Health and
mammals, reaching levels that Human Services (DHHS) has concluded
may be many thousands of times that PCBs may reasonably be
higher than in water. anticipated to be carcinogens. The EPA
and the International Agency for
How can polychlorinated biphenyls Research on Cancer (IARC) have
(PCBs) affect my health? determined that PCBs are probably
carcinogenic to humans.
The most commonly observed
health effects in people exposed to large How do polychlorinated biphenyls
amounts of PCBs are skin conditions (PCBs) affect children?
such as acne and rashes. Studies in
exposed workers have shown changes Women who were exposed to
in blood and urine that may indicate liver relatively high levels of PCBs in the
damage. PCB exposures in the general workplace or ate large amounts of fish
population are not likely to result in skin contaminated with PCBs had babies
and liver effects. Most of the studies of that weighed slightly less than babies
health effects of PCBs in the general from women who did not have these

-39- 39
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

exposures. Babies born to women who putting dirty hands, toys or other
ate PCB-contaminated fish also showed objects in their mouths, and should
abnormal responses in tests of infant wash hands frequently.
behavior. Some of these behaviors,
such as problems with motor skills and a - If a person is exposed to PCBs in
decrease in short-term memory, lasted the workplace, it is possible to carry
for several years. Other studies suggest them home on his/her clothes,
that the immune system was affected in body, or tools. If this is the case,
children born to and nursed by mothers that person should take a shower
exposed to increased levels of PCBs. and change clothing before leaving
There are no reports of structural birth work, and his/her work clothes
defects caused by exposure to PCBs or should be kept separate from other
of health effects of PCBs in older clothes and laundered separately.
children. The most likely way infants will
be exposed to PCBs is from breast milk. Is there a medical test to show whether
Transplacental transfers of PCBs were a person have been exposed to
also reported. In most cases, the benefits polychlorinated biphenyls (PCBs)?
of breast-feeding outweigh any risk from
exposure to PCBs in mother's milk. Tests exist to measure levels of
PCBs in a persons blood, body fat, and
How can families reduce the risk of breast milk, but these are not routinely
exposure to polychlorinated biphenyls conducted. Most people normally have
(PCBs)? low levels of PCBs in their body
because nearly everyone has been
- Adults and their children may be environmentally exposed to PCBs. The
exposed to PCBs by eating fish or tests can show if your PCB levels are
wildlife caught from contaminated elevated, which would indicate past
locations. Certain states have exposure to above-normal levels of
issued advisories to warn people PCBs, but cannot determine when or
about PCB-contaminated fish and how long you were exposed or whether
fish-eating wildlife. An adult can you will develop health effects.
reduce his/her family's exposure to
PCBs by obeying these advisories. The EPA has set a limit of 0.0005
milligrams of PCBs per liter of drinking
- Children should be told not to play water (0.0005 mg/L). Discharges, spills
with old appliances, electrical or accidental releases of 1 pound or
equipment, or transformers, since more of PCBs into the environment
they may contain PCBs. must be reported to the EPA. The Food
and Drug Administration (FDA) requires
- Children should be discouraged from that infant foods, eggs, milk and other
playing in the dirt near hazardous dairy products, fish and shellfish, poultry
waste sites and in areas where and red meat contain no more than 0.2-3
there was a transformer fire. parts of PCBs per million parts (0.2-3 ppm)
Children should also be of food. Many states have established
discouraged from eating dirt and fish and wildlife consumption advisories

-40- 40
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

for PCBs. (Source: Agency for Toxic


Substances and Disease Registry
[ATSDR] 2000).

e.g. capacitors,
EQUIPMENT electrical
transformers

Y Name N
Plated

PCB Y Known to
Useful Guide on classifying PCB
Based equipment: use PCB

Has proof to None PCB Screening


show it is test kit
PCB free (2
ppm)

Y Gas Y
Positive
e.g. Certificate of PCB Chromatography
Analysis (2 ppm PCB), PCB Free
Manufacturers Note: indicate N
Certificate PCB-Free: material
exact value of
0 or 2 ppm PCB concentration in
Concentration) Non-PCB
the inventory
Equipment
<50ppm PCB
PCB conc. Concentration
>500 ppm
Note: indicate <50
ppm concentration
N Y in the inventory

PCB Contaminated PCB


(50 ppm and higher but Equipment
less than 500 ppm PCB) (500 ppm)

-41- 41
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

Section XIX. References

Electrical Manual for Electricians


prepared/developed by Dr. Yves Guibert,
UNEP Consultant / International Expert
on PCBs.

DENR Administrative Order No. 01,


Series of 2004: Chemical Control Order
for Polychlorinated Biphenyls (PCBs).

DENR Administrative Order No. 36,


Series of 2004: Procedural Manual for
Title III of the Implementing Rules and
Regulations of Republic Act No. 6969.

Information Booklet for Electrician


Contractors 1997 Australian and New
Zealand Environment and Conservation
Council (ANZECC).

PCB Management Plan of Australian


and New Zealand Environment and
Conservation Council (ANZECC).

-42- 42
Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

Annex-A

MEMORANDUM FOR THE DIRECTOR

FOR : The Director


Environmental Management Bureau
Central Office
Visayas Avenue, Diliman, Quezon City

FROM : The Regional Director


Environmental Management Bureau
Regional Office No. ______

SUBJECT : EMB Regional Office No. ____ Quarterly Report on


the enforcement of DENR Administrative Order No. 01,
Series of 2004

DATE :

A. Background Information

Item Sector No. of firms in the region


No. (As of: ______________ )
1 Electric Distribution (Rural Cooperatives)
2 Electric Transmission
3 Power Generation
4 Manufacturing
5 Others, pls. specify : _______

B. CCO Implementation (Registration)

Item Sector No. of firms No. of % (No. of


No. having suspected registrants registrants / No.
PCB equipment in of suspected
the region firms in the
region) X 100%
1 Electric Distribution (Rural
Cooperatives)
2 Electric Transmission
3 Power Generation
4 Manufacturing
5 Others, pls. specify : _______

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Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

C. CCO Implementation (Validation Inspection)

Item Sector No. of No. of No. of % (No. of firms


No. registrants registrants registrants with non-
inspected with non- compliance / No.
compliance of registrants
inspected) X
100%
1 Electric Distribution (Rural
Cooperatives)
2 Electric Transmission
3 Power Generation
4 Manufacturing
5 Others, pls. specify : _______

C. CCO Implementation (Legal Sanction)

Item Sector No. of No. of % (No. of No. of % (No.


No. registrants Notice of NOVs / Technical of TCs /
with non- Violations No. of Conference No. of
compliance issued registrants conducted NOVs)
with non- X 100%
compliance)
X 100%
1 Electric Distribution
(Rural Cooperatives)
2 Electric Transmission
3 Power Generation
4 Manufacturing
5 Others, pls. specify :
_______

D. Remarks and Recommendations

Prepared by:

_____________________

Approved:

_____________________
Regional Director

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Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

Annex-B
VALIDATION INSPECTION FORM
Compliance Monitoring based on the requirements of DENR Administrative Order No. 01,
Series of 2004 (DAO 2004-01)

I. GENERAL INFORMATION
1. Date of Inspection: 3. Firm:

_____________________________ _______________________________________________

2. Time: 4. Address:
5. Name of Managing Head:
6. Name of PCO: 7. Contact Number(s):
________________________________________
6.1 PCO Accreditation No.: ________________ 7.1 Tel. No. : ______________
6.2 Issuing EMB Regional Office: ____________ 7.2 Mobile No.: ______________
Remarks: 7.3 Fax No. : ______________
_____________________________________ 7.4 E-mail Address: ___________
Note: DAO 26-92 (Annex-A) requires an Accredited Remarks: ____________________
Pollution Control Officer for Electricity Generation and
Distribution firms
8. ECC No.: _________ 9. Conditions stated in ECC related to RA 6969 and DAO 2004-01:
Remarks: _________ 9.1
______________________________________________________
__________________ 9.2
______________________________________________________
__________________ 9.3
______________________________________________________
__________________ (Use separate sheet if necessary)
10. List of Environmental Permits secured by the firm: 11. Nature of Business:
______________________
_______________________________________________ 11.1 SEC/ Business Permit No.:
_____________________
_______________________________________________ Electric Cooperative? Yes __ No __
If Yes, Registration No.: ________
_______________________________________________

_______________________________________________

12. Status of Operation: Reminders:


___________________________ 1. Prior to conduct of on-site inspection, necessary PPE of the
12.1 Type of PCB application present inspection team should be prepared.
2. Facilitate meeting with the managing head and PCO of the firm,
in the area: (Please check) discuss the purpose of inspection emphasize assistance.
3. Request the following documents whichever is available:
Enclosed 3.1 Vicinity Map, Plant layout & Process and
applications Instrumentation diagram

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Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

Partially enclosed 3.2 Inventory Report of equipment from Accounting


applications Section
3.3 Equipment Manual (mechanical and electrical
Open-ended equipment containing suspected PCB oils, heat transfer
applications fluids)
3.4 Sing-line diagram / electrical plans
Note: [1. Enclosed applications 4. Carefully examine and obtain information from the name plates
includes (a.) transformers (b.) (e.g. capacity, weight, year manufactured, origin, type of oil used,
etc.).
capacitors (c.) voltage regulators (d.)
5. Conduct Screening Test of suspected equipment randomly
liquid filled circuit breakers and (e.) (Density Test / Test Kit).
other electrical equipment containing
dielectric fluids.][2. Partially enclosed
13. Type of PCB materials stored, used and/or owned:
applications include (a.) hydraulic
(Please check)
fluids and (b.) heat transfer fluids.] [3.
PCBs
Open-Ended applications includes
PCB equipment
(a.) Lubricants (b.) Casting waxes (c.)
PCB-contaminated equipment
Surface coatings (d.) Adhesives (e.)
Non-PCB equipment
Plasticizers (f.) Inks and other uses.]
PCB article
Source: Sec. III, DAO 2004-01
PCB wastes
PCB packaging
Suspected PCB equipment, PCB-
contaminated
Equipment, non-PCB equipment, PCB
wastes, PCB articles or PCB packaging
14. Location of Installation(s) / Storage Facility:
______________________________________________

_________________________________________________________________________________
(Use separate sheet if necessary)
II. FOR COVERED FIRMS / ENTITIES, CCO REQUIREMENTS AND PROCEDURES:
15. Firms Compliance to Section IV of DAO 2004-01:

Registration (Persons/entities covered by Section IV, Item 1.1 of DAO 2004-01)

1. Date registered: ___________


2. PCB Registration Certificate No.: _____________
Remarks:
____________________________________________________________
Annual Reports & Inventory Reports (All persons/entities required to be
registered)

____ 1. Date submitted: __________

____ 2. Copy of Annual Report (Annex C) [For submission 6 months after the registration.
Subsequent Annual Reports shall be submitted at the end of December of every calendar year.]

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Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

____ 3. Records of manufacture, distribution and use

____ 4. Notarized Inventory Report for NAME-PLATED PCB equipment, PCB


contaminated equipment, non-PCB equipment, PCB articles and labeled
PCB packaging:

4.1 Volume
4.2 Concentration of PCB
4.3 Weight and volume of PCB packaging
4.4 Detailed identification
4.4.1 Model
4.4.2 Type of equipment
4.4.3 Serial number
4.4.4 Name of manufacturer
4.4.5 Date of Manufacture
4.4.6 Electrical/Industrial rating
4.4.7 Projected retirement period
4.4.8 Capacity
4.4.9 Dimensions
4.5 Historical movement
4.6 Activities conducted (e.g. retro-filling, repair, etc.)
4.7 Quantity of PCB wastes generated per unit time
4.8 Total Quantity of PCB wastes at the time of the inventory
4.9 Dates of inventory
4.10 Testing label codes and types of materials and methods used
4.11 Certificate of Analysis attached to the Inventory Report

____ 5. Notarized Inventory Report for NON-PLATED PCB equipment, PCB-


contaminated equipment, non-PCB equipment, PCB articles and
suspected PCB packaging:

5.1 Volume
5.2 Concentration of PCB
5.3 Weight and volume of PCB packaging
5.4 Detailed identification
5.4.1 Model
5.4.2 Type of equipment
5.4.3 Serial number
5.4.4 Name of manufacturer
5.4.5 Date of Manufacture
5.4.6 Electrical/Industrial rating
5.4.7 Projected retirement period
5.4.8 Capacity
5.4.9 Dimensions
4.5 Historical movement

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Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

4.6 Activities conducted (e.g. retro-filling, repair, etc.)


4.7 Quantity of PCB wastes generated per unit time
4.8 Total Quantity of PCB wastes at the time of the inventory
4.9 Dates of inventory
4.10 Testing label codes and types of materials and methods used
4.11 Certificate of Analysis attached to the Inventory Report

Handling Requirements (For commercial and industrial owners and operators)

Compliance with the requirements for transport, storage and disposal specified under Title III of the IRR
for transportation, storage and disposal of PCB wastes.

YES [ ] NO [ ] Not applicable [ ]


Remarks :
_________________________________________________________________

Labeling Requirements for PCB equipment, PCB-contaminated equipment,


non-PCB equipment, PCB articles and PCB packaging listed below at Item
No. 1:

1. Clear, visible and readable markings for:

1.1 Transformers and capacitors using PCBs;


1.2 Electric motors using PCB-containing coolants and hydraulic
systems using PCB containing hydraulic fluid;
1.3 Other heat transfer systems using PCBs and
1.4 PCB packaging that are stored for treatment and disposal.

Remarks:
_______________________________________________________

_______________________________________________________

2. Information on the label should include:

2.1 Hazard Warning or symbol


2.2 Name of the Company
2.3 Serial number of the unit
2.4 Other identifying information
2.5 Contact person
2.6 Address
2.7 Telephone number

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Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

Remarks:
_________________________________________________
__________________________________________________
__________________________________________________

3. Installations and storage facilities for PCBs, PCB equipment, PCB-


contaminated equipment, non-PCB equipment, PCB wastes, PCB
articles, PCB packaging must have a signage with the following
information:

3.1 Contains PCBs in large letters


3.2 Total volume of PCBs
3.3 Total weight of PCBs
3.4 Total volume and total weight of PCB waste
3.5 Total volume and total number of PCB packaging
3.6 Number and type of PCB equipment, PCB-contaminated
equipment, non-PCB equipment and PCB articles.
3.7 Warming that it contains toxic chemical and that it must be handled by
authorized personnel only.
3.8 Contact person, including address and telephone number.

Remarks: ___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________

Storage Requirements (For Storage facility)

1. Storage facility for PCBs, PCB wastes, PCB articles and PCB packaging,
must meet the following minimum conditions:

1.1 The storage facility must be marked clearly


1.2 Installed fence, posts or walls to limit access to the storage area
1.3 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.
1.4 The date when stored items are placed in the storage facility must be
recorded.
1.5 Roof and walls must be adequate to prevent rainwater from
reaching stored items.
1.6 Floors must be constructed from impervious materials such as
concrete or steel to prevent the PCBs and PCB wastes from

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Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

leaching into the ground.


1.7 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 spilled material from
flowing out.

1.7.1 The storage facility must be accessible to material handling


equipment such as forklift and drum lifters;
1.7.2 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;
1.7.3 Adequate ventilation must be provided to safeguard the health
of workers and handlers.
1.7.4 The storage facility must be located far from residential
communities, storm drains, bodies of water, flood-prone areas
and other environmentally critical areas.

1.8 Storage Period (See Ban and Phase Out Schedule)

Remarks on compliance to Storage Requirements:____________________________________

___________________________________________________________________________

Treatment and Disposal Requirements (For TSD facility)

1. General Requirements for TSD of PCBs and PCB wastes:

1.1 Preparatory and Remedial Work Plan (PRWP) must be


submitted to EMB along with the transport/treatment
permit requirements in accordance with RA 6969 and
Title III of DAO 29 NOT LATER THAN SIX (6)
MONTHS PRIOR TO THE PLANNED
TRANSPORT/TREATMENT SCHEDULE. (e.g. PCB
packaging, isolation draining, and treatment of PCB
equipment, PCB-contaminated equipment, non-PCB
equipment and PCB articles, prior to disposal).
1.2 All treatments and disposals must be approved by the Bureau and
should be in conformance with RA 8749 and other applicable
environmental laws and regulations.

Remarks: __________________________________________________
__________________________________________________

2. If necessary, wastes containing high levels of PCBs must be EXPORTED

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Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

in accordance with the provisions of Section IV Item 6.1b of DAO 2004-


01 (General Requirements for TSD stated above) and must meet the
requirements for TRANS-BOUNDARY MOVEMENT of wastes under
the Basel Convention.

PCB Spill Prevention and Clean-up Plan (For Registrants)

1. Spill Prevention Plan and Clean-up Plan

1.1 Personnel Training Plan


1.2 Markings and Labeling
1.3 Assignments of Responsibilities of Response Team
1.4 Emergency Plans
1.5 Decontamination Procedures
1.6 Disposal of contaminated debris and materials
1.7 Reporting and Record keeping
1.8 Persons / Institutions to Contact in case of Emergency

Remarks: __________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________

Note: Registrants must prepare and retain in an accessible location at the


premises the plans stated above and a copy of which must be submitted
to the EMB along with the PCB Management Plan.

PCB Storage Facility Closure Plan (For Owners and Operators of PCB Storage
facility)

1. PCB Storage Facility Closure Plan (SFCP)

1.1 Certification of financial liability approved by the Bureau


1.2 Steps and Procedures for closure
1.3 Post closure conditions and monitoring
1.4 Cost estimates approved by the Bureau

Remarks: __________________________________________________
__________________________________________________

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Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

Note: Each owner and operator of a PCB storage facility must prepare
and retain in an accessible location at the premises the plan stated above
and a copy of which must be submitted to the EMB along with the PCB
Management Plan.

PCB Management Plan Requirement (For Registrants)

1. General Outline for PCB Management Plan:

1.1 General Description

1.1.1 Name of owner and operator;


1.1.2 Location of the facility or the PCBs, PCB
equipment, PCB-contaminated equipment, non-
PCB equipment, PCB article, PCB packaging or
PCB wastes (site specific);
1.1.3 Industrial activities at the premises; and
1.1.4 Number of employees.

1.2 Uses of PCBs at the Premise

1.2.1 Description of the uses of PCBs at the premises;


1.2.2 Listing of PCB equipment, PCB contaminated
equipment, non-PCB equipment and PCB
articles;
1.2.3 Listing of PCB wastes generated at the premises.
1.2.4 Mass balance of PCBs through the premises;
1.2.5 Description of pollution control devices in use at
the premises;
1.2.6 Description of compliance with the
environmental laws and regulations; and
1.2.7 Description of emergency procedures and
contingency plan in case of accidents.

1.3 Pollution Prevention Program

1.3.1 Pollution prevention / control devices;


1.3.2 Inspection schedule and checklist; and
1.3.3 Equipment and/or materials to be used during
spills and/or emergencies.

Remarks: ___________________________________________________________________

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Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

1.4 Training Program

1.4.1 Scope or coverage of training or a copy of the


Training Manual;
1.4.2 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.
1.4.3 Copy of PCB Spill Prevention and Clean-up
Plan
1.4.4 Copy of the PCB Storage Facility Closure

Insurance and Surety Bond Requirements (All persons/entities required to be


registered)

1. Pollution Liability Insurance Coverage


2. Annual Surety Bond

Remarks:
__________________________________________________

__________________________________________________

__________________________________________________

Note: The purpose of liability insurance is to guarantee payment for clean-up,


damage claims and other environmental liabilities. Surety Bond
guarantees payment in case of untimely closure and abandonment plan.
Annual Surety Bond must be 150% of the current cost of proper PCB
disposal. The insurance and the surety bond shall be submitted yearly,
together with the annual report.

16. Firms Compliance to Section V of DAO 2004-01:

BAN AND PHASE-OUT ON IMPORTATION, SALE, TRANSFER AND


USE OF PCBs (See Ban and Phase Out Schedule)

Remarks: __________________________________________________
__________________________________________________
__________________________________________________

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Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

17. Summary of PCB Screening Testing & Findings:

Equip. Serial No. Equipment description Oil Qty. Method of Testing Result of screening test
(Type/Capacity) (Test Kit or Density Test)

___________ _________________ _______ L _____________ ____ Positive ___ Neg.


___________ _________________ _______ L _____________ ____ Positive ___ Neg.
___________ _________________ _______ L _____________ ____ Positive ___ Neg.
___________ _________________ _______ L _____________ ____ Positive ___ Neg.
___________ _________________ _______ L _____________ ____ Positive ___ Neg.
___________ _________________ _______ L _____________ ____ Positive ___ Neg.
___________ _________________ _______ L _____________ ____ Positive ___ Neg.
___________ _________________ _______ L _____________ ____ Positive ___ Neg.
___________ _________________ _______ L _____________ ____ Positive ___ Neg.
___________ _________________ _______ L _____________ ____ Positive ___ Neg.
___________ _________________ _______ L _____________ ____ Positive ___ Neg.
___________ _________________ _______ L _____________ ____ Positive ___ Neg.
___________ _________________ _______ L _____________ ____ Positive ___ Neg.
___________ _________________ _______ L _____________ ____ Positive ___ Neg.
___________ _________________ _______ L _____________ ____ Positive ___ Neg.
___________ _________________ _______ L _____________ ____ Positive ___ Neg.
___________ _________________ _______ L _____________ ____ Positive ___ Neg.
___________ _________________ _______ L _____________ ____ Positive ___ Neg.

Note: Use separate sheet if necessary. Secure Certificates of Analysis or other similar documents if available.

17.1 INVENTORY OF EQUIPMENT

17.1.1 Total No. of electrical transformers owned: ________ Units


17.1.2 Total No. of capacitors owned: ________ Units
17.1.3 Total No. of thermal oil heaters owned : ________ Units
17.1.4 Total No. of hydraulic equipment owned: ________ Units
17.1.5 Total No. of voltage regulators owned: ________ Units
17.1.6 Total No. of liquid filled circuit breakers ________ Units
17.1.7 Total Qty. of lubricants stored / owned: ________ Liters
17.1.8 Total No. of electric motors containing cooling fluid/oils ________ Units
17.1.9 List down the other equipment / machinery
containing dielectric fluids, hydraulic fluids
or heat transfer fluids together with the
latest physical inventory:
__________________________________
__________________________________
__________________________________

Note: Use separate sheet if necessary.

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Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

18. SUMMARY OF NON-COMPLIANCE TO THE PROVISIONS OF THE CCO (Section IV):

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

RECOMMENDATIONS:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

19. Acknowledged by:


_______________________ ______________________
Managing Head / O.I.C. Pollution Control Officer
Date: __________________ Date: _________________

20. Site Inspection conducted by:

_____________________ _____________________ ______________________


Name Designation Signature

______________________ _____________________ _____________________


Name Designation Signature

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Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

Annex-C
PRESCRIBED EQUIPMENT LABEL:

This equipment label was based on the requirements prescribed under Section IV
(4.1 and 4.2) of DENR Administrative Order No. 01, Series of 2004 (Chemical
Control Order for Polychlorinated Biphenyls).

Minimum size: Not specified in Section IV (4.1) of DAO 2004-01.

Suggested minimum size: 15.24 cm. X 15.24 cm. (6X6)

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Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

Annex-D
PRESCRIBED LABEL (PCB WASTE):

Minimum size: 20 cm. X 30 cm. Refer to Chapter 5-2 (Labeling Requirements),


Table 5-1 and Chapter 5-3 (Symbols accompanying the label) of Procedural
Manual under DENR Administrative Order No. 36, Series of 2004.

Minimum size of the symbol is 25 cm. X 25 cm. for vessels, containers, and
tanks and 30 cm. X 30 cm. for conveyances carrying vessels, containers, and
tanks. Refer to Chapter 5-3 (Symbols accompanying the label) of Procedural
Manual under DENR Administrative Order No. 36, Series of 2004.

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Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

Annex-E

PRESCRIBED SIGNAGE FOR INSTALLATIONS / STORAGE FACILITIES:

This equipment label was based on the requirements prescribed under Section IV (4.3)
of DENR Administrative Order No. 01, Series of 2004 (Chemical Control Order for
Polychlorinated Biphenyls).

Minimum size: Not specified in Section IV (4.3) of DAO 2004-01.

Suggested minimum size: 20 cm. X 30 cm.

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Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

Annex-F
PCB MANAGEMENT PLAN

This PCB Management Plan was submitted in compliance with the provisions of
Republic Act No. 6969, its Implementing Rules and Regulations, and DENR Administrative
Order No. 01, Series of 2004 otherwise known as Chemical Control Order for Polychlorinated
Biphenyls.

I. General Description

Item Data required Data


No.
1 Name of owner and operator
2 Location of the facility or the PCBs, PCB
equipment, PCB-contaminated equipment, non-
PCB equipment, PCB article, PCB packaging or
PCB wastes (site specific)
3 Industrial activities at the premises
4 Number of employees

II. Uses of PCBs at the Premise

Item Data required Data


No.
1 Description of the uses of PCBs at the
premises
2 Listing of PCB equipment, PCB-contaminated
equipment, non-PCB equipment and PCB
articles
3 Listing of PCB wastes generated at the
premises
4 Mass balance of PCBs through the premises
5 Description of pollution control devices in use
at the premises
6 Description of compliance with the
environmental laws and regulations
7 Description of emergency procedures and
contingency plan in case of accidents

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Guidance Document for the
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Polychlorinated Biphenyls (PCBs)

III. Pollution Prevention Program

Item Data required Data


No.
1 Pollution prevention/control devices
2 Inspection schedule and checklist
3 Equipment and/or materials to be used during
spills and/or emergencies

IV. Training Program

Item Data required Data


No.
1 Scope or coverage of training or a copy of the
Training Manual

2 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

Note: Please use separate sheets if necessary.

Prepared by: Approved by: Date:

________________ ____________________ ___________

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Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

PCB Spill Prevention and Clean-up Plan

This PCB Spill Prevention and Clean-up Plan was submitted in compliance with the
provisions of Republic Act No. 6969, its Implementing Rules and Regulations, and DENR
Administrative Order No. 01, Series of 2004 otherwise known as Chemical Control Order for
Polychlorinated Biphenyls.

I. Personnel Training Plan

II. Markings and Labeling

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Guidance Document for the
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Polychlorinated Biphenyls (PCBs)

III. Assignments of Responsibilities of Response Team

IV. Emergency Plans

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Guidance Document for the
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Polychlorinated Biphenyls (PCBs)

V. Decontamination Procedures

VI. Disposal of contaminated debris and materials

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Guidance Document for the
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Polychlorinated Biphenyls (PCBs)

VII. Reporting and Record keeping

VIII. Persons/Institutions to Contact in case of Emergency

Note: Please use separate sheets if necessary.

Prepared by: Approved by:

_______________________ ________________________
Pollution Control Officer President / CEO

Date: ___________________

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Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

PCB Storage Facility Closure Plan

This PCB Storage Facility Closure Plan was submitted in compliance with the provisions
of Republic Act No. 6969, its Implementing Rules and Regulations, and DENR Administrative
Order No. 01, Series of 2004 otherwise known as Chemical Control Order for Polychlorinated
Biphenyls.

I. Certification of financial liability approved by the Bureau

II. Steps and procedures for closure

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Guidance Document for the
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Polychlorinated Biphenyls (PCBs)

III. Post closure conditions and monitoring

IV. Cost estimates approved by the Bureau.

Note: Please use separate sheets if necessary.

Prepared by: Approved by:

_______________________ ________________________
Pollution Control Officer President / CEO

Date: ____________

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Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

Annex -G
PCB Storage Facility

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Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

Republic of the Philippines 5. Establish a compliance monitoring program to


Department of Environment and Natural Resources enforce the provisions of this CCO.
Visayas Ave., Diliman, Quezon City 1110
Tel. Nos. (632) 929-66-26 to 29, (632) 929-65-52 6. Increase public awareness and education on the
929-66-20, 929-66-33 to 35 effects of PCBs to human health and the
929-70-41 to 43 environment.

Section II. Definition of Terms. For purposes of this


DENR Administrative Order No. 01
CCO, unless inconsistent with the context or subject
Series of 2004 matter, the following definitions shall apply:

1. IRR means DENR DAO 92-29, which is the


Subject: Chemical Control Order (CCO) for Implementing Rules and Regulations of RA 6969.
Polychlorinated Biphenyls (PCBs)
2. Department means the Department of
Environment and Natural Resources.
Pursuant to the provisions of Republic Act No.
6969, otherwise known as the Toxic Substances and 3. Bureau means the central office of the
Hazardous and Nuclear Wastes Control Act of 1990 (RA Environmental Management Bureau.
6969), DENR Administrative Order No. 29, Series of 1992,
otherwise known as the Implementing Rules and 4. Polychlorinated Biphenyls (PCBs) means
Regulations of RA 6969 (IRR), and other applicable laws, aromatic compounds formed in such a manner
rules and regulations, the following Chemical Control Order that the hydrogen atoms on the biphenyl molecule
(CCO) for Polychlorinated Biphenyls (PCBs), is hereby (two benzene rings bonded together by a single
promulgated: carbon-carbon bond) may be replaced by up to
ten chlorine atoms. The compound has the CAS
Section I. Policy Objectives. It is the policy of the Number 1336-36-3 and the DENR Hazardous
State to accomplish the following objectives: number L 406. The term includes, but is not
limited to all the synonyms as listed in Annex A of
1. Reduce and eliminate the importation, this CCO.
manufacture, sale, transfer, distribution and use of
PCBs, PCB equipment, PCB-contaminated 5. Dielectric fluid is an oily substance that is used to
equipment, non-PCB equipment, PCB articles and provide an insulating barrier in electrical
PCB packaging, and to regulate the transport, equipment due to its excellent thermal stability
treatment and disposal of PCBs and PCB wastes, and fire resistance.
to protect human health and the environment.
6. Capacitor means a device for accumulating and
2. Reduce the hazards and unreasonable risks holding a charge of electricity, and consisting of
posed to human health and the environment from conducting surfaces separated by a dielectric
improper use and management of PCBs, PCB fluid.
equipment, PCB-contaminated equipment, non-
PCB-equipment, PCB articles and PCB 7. Transformer is a device that stabilizes or
packaging, and the subsequent release of PCBs regulates the supply of electricity.
and PCB wastes.
8. PCB equipment means any equipment that
3. Establish responsibilities for the management and contain 500 ppm PCB or greater (PCB 500 ppm).
handling of PCBs, PCB equipment, PCB-
contaminated equipment, non-PCB equipment, 9. PCB-contaminated equipment means any
PCB articles and PCB packaging, and the equipment that contains 50 ppm PCB and higher
subsequent release of PCBs and PCB wastes. but less than 500 ppm PCB (50 ppm PCB < 500
ppm).
4. Establish requirements, procedures and limitations
for the importation, manufacture, use, and proper 10. Non-PCB equipment means any equipment that
treatment, storage and disposal of PCBs, PCB contains PCB concentration of less than 50 ppm
equipment, PCB-contaminated equipment, non-
(PCB < 50 ppm)
PCB equipment, PCB articles and PCB
packaging, and subsequent release of PCBs and
11. PCB-Free material means any solid or liquid that
PCB wastes.
does not contain any PCB.

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12. PCB wastes means discarded materials that electric utilities and suppliers, in accordance with the terms
contain PCBs or have been contaminated with hereof. For this CCO, use includes those for enclosed
PCBs that are without any safe commercial, applications, partially enclosed applications, and open-
industrial, agricultural or economic usage. ended applications. This CCO also applies to the
generation, storage, transport, treatment and disposal of
13. PCB article means any material, other than PCB PCB wastes, including those done by contractors,
wastes, whose surface has been in direct contact transporters and disposers.
with PCBs.

14. PCB packaging means any container or 1. The following Enclosed Applications are
pressurized receptacle such as can, bottle, bag, covered:
barrel, drum, tank, or other device that contains
a. Transformers
and secures PCB articles and PCB wastes,
respectively. b. Capacitors

15. Name-plated means any equipment, article or c. Voltage regulators


packaging that has an attached manufacturers d. Liquid filled circuit breakers
plate, label or plaque that bears information not
limited to the following; name of manufacturer, e. Other electrical equipment containing
date of manufacture, serial number, brand or dielectric fluids
model, origin, contents and dimension.
2. The following Partially Enclosed
16. Non-plated means any equipment, article or Applications are covered:
packaging that has no attached manufacturers a. Hydraulic fluids
plate, label or plaque.
b. Heat transfer fluids
17. Commercial Building means a more or less
enclosed structure that is open to the public and 3. The following Open-Ended Applications
which includes, but is not limited to malls, are covered:
restaurants, schools, hotels, offices, including
a. Lubricants
government buildings and the like.
b. Casting waxes
18. Industrial Facilities means facilities such as, but
not limited to, factories, power generation or c. Surface coatings
distribution stations or sub-stations, assembly d. Adhesives
plants, feed mills and other buildings and
structures used in general industrial assembly. e. Plasticizers
f. Inks
19. Retro-fill means the replacement or substitution
of PCB fluids in transformers with mineral oils or g. Other uses
any other suitable dielectric fluid.
4. The following PCB Wastes are covered:
20. Storage Facility means the facility where supply
or stock is stored for future use, safekeeping or a. Contaminated solvents/waters
disposal.
b. Used oil and waste oil
21. Disposal means the collection, sorting, transport c. Sludges and slurries
and treatment of wastes, as well as its storage.
d. Dredged spoils
22. Retirement means removal or decommissioning
e. Contaminated soils/sediments
from service of any equipment for the purpose of
disposing, without any intention of reuse. f. By-products
g. Scraps
Section III. Scope and Coverage. This CCO
applies to the importation, manufacture, sale, transfer, h. Ballasts and capacitors
distribution and the use of PCBs, PCB equipment, PCB-
contaminated equipment, non-PCB equipment, PCB i. Other materials contaminated with PCBs
articles and PCB packaging in commercial buildings and as a result of spills, decommissioning
industrial facilities, including the use and possession by and other demolition activities.

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Section IV. Requirements and Procedures Report Form (Annex C) provided by the Bureau,
which must contain the following information:
1. Registration
a. General Information
1.1 The following persons/entities shall register with
the Bureau by submitting a duly accomplished i. Type of business activity (manufacturer,
Registration Form (Annex B) within three months industrial user, importer, exporter, waste
after the effective date of this order: treater, waste transporter);
a. Owners or operators of industrial facilities/ ii. Name, address and location of
installations, electric utilities and suppliers commercial building, industrial facility,
who are in possession or involved in the use storage facility or location of treatment
of any PCB equipment, PCB-contaminated and/or disposal activity; and,
equipment, non-PCB equipment, PCB
iii. Name, address and telephone number of
wastes, PCB article or PCB packaging.
contact person.
b. Owners of commercial buildings installed with
b. Management Information
or containing any PCB equipment, PCB-
contaminated equipment, non-PCB
i. Number and category of employees
equipment, PCB wastes, PCB article, or PCB
directly and indirectly responsible for the
packaging.
management of PCBs, PCB equipment,
PCB-contaminated equipment, non-PCB
c. Electric utilities, suppliers and waste service
equipment and PCB articles in service,
providers involved in the treatment and
and PCB wastes, PCB articles and PCB
disposal of PCB wastes.
packaging in storage, and their
respective qualifications and
d. Owners of industrial facilities and commercial
training for the job;
buildings containing suspected PCB
equipment, PCB-contaminated equipment,
non-PCB equipment, PCB wastes, PCB ii. Number of persons with potential risk of
article, or PCB packaging. exposure to PCBs, and exposure
duration;
e. Owners or possessors of storage facilities
containing PCBs, PCB wastes, PCB articles, iii. Program for storage, if any, including
or PCB packaging. operators and location of storage
facilities; and,
1.2 The PCB registration certificate(s) and all iv. Program for treatment and disposal,
permit(s) issued by the Bureau, along with including schedule, contractor, disposal
applications and attachments, shall be retained at method and facilities, their premises and
the premises of the registrant for at least five (5) locations, and such other information,
years and be available for inspection at any time which the Bureau may require.
by proper officials of the Department and/or the
Bureau.
c. The first Annual Report shall be submitted
1.3 The Department may generate listings of lands or within six months after registration, and
buildings containing PCB articles, PCB wastes or subsequent Annual Reports shall be
PCB packaging, as may be established through submitted at the end of December of every
proper inspection, whether or not said PCB calendar year.
articles, PCB wastes or PCB packaging are being
properly managed, including those lands or d. The registrant must also retain records of
buildings which had history of containing PCB manufacture, distribution, and use, in
articles, PCB wastes or PCB packaging, in order accordance with this CCO.
to safeguard human health and the environment.
2.2 All registrants shall submit an Inventory Report of
all PCB equipment, PCB-contaminated
2. Annual Reports and Inventory Reports equipment, non-PCB equipment, PCB articles
and PCB packaging stored and used, and PCB
2.1 All persons/entities required to be registered must wastes generated and/or stored, in their buildings/
submit to the Bureau a duly accomplished Annual facilities/possession, in accordance with the
following:

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electrical/industrial rating, projected


a. For name-plated PCB equipment, PCB retirement period, capacity, and
contaminated equipment, non-PCB dimensions of each unit of PCB equipment,
equipment, PCB articles and labeled PCB PCB-contaminated equipment, non-PCB
packaging: equipment, and PCB articles in use,
storage, or intended for disposal;
i. Registrants shall conduct a survey of
PCB equipment, PCB-contaminated iii. The historical movement of a PCB
equipment, non-PCB equipment, and equipment, PCB-contaminated equipment,
PCB articles in service, idle or non-PCB equipment or PCB article, prior
unserviceable, including those PCB to its present location whether
wastes and PCB packaging in storage, serviceable or unserviceable shall be
and submit an Inventory Report as part of indicated, including the activities
the First Annual Report due within six conducted (i.e. retro-filled, repaired,
months after registration; and, replaced or decommissioned, among
others);
ii. Power generation or distribution
companies that operate more than twenty iv. Quantity of PCB wastes generated
(20) industrial facilities shall be given one (fluids, sludge, slurry, scraps,
(1) year to complete the inventory. contaminated equipment, soil, and
However, partial inventory reports should others) per unit time, and the total
be submitted within six months after quantity at the time of the inventory; and,
registration.
v. Dates of inventory, testing label codes,
b. For non-plated PCB equipment, PCB- and type of materials and methods used.
contaminated equipment, non-PCB The Certificate of Analysis must be
equipment, PCB articles and suspected attached to the Inventory Report.
PCB packaging
d. An updated Inventory Report shall be
i. Registrants are required to undertake submitted as part of the subsequent annual
testing and analysis of non-plated PCB reports.
equipment, PCB-contaminated equipment,
non-PCB equipment, PCB articles and 3. Handling Requirements
suspected PCB packaging and submit an
Inventory Report within one (1) year from The commercial and industrial owners and
effective date hereof, provided that a operators must comply with the requirements for
partial inventory shall be submitted within transport, storage and disposal specified under
six months after registration. Provided Title III of the IRR for transportation, storage and
further that anything which is not proven disposal of PCB wastes.
by the registrant to be non-PCB material
shall be deemed to contain PCB and is 4. Labeling Requirements
subject to the regulatory measures
provided in this CCO. 4.1 All PCB equipment, PCB-contaminated equipment,
non-PCB equipment, PCB articles and PCB
ii. PCB analysis shall be carried out by packaging, such as the following, are required to
laboratories duly recognized by the have clear, visible and readable markings in the
Bureau for the purpose of specifying the English language:
analytical method that will be applied.
a. Transformers and capacitors using PCBs;
c. For both a. and b., the Inventory Report,
which must be signed under oath, shall b. Electric motors using PCB-containing
include the following information: coolants and hydraulic systems using PCB
containing hydraulic fluid;
i. Volume and concentration of PCBs, and
the weight and volume of PCB packaging c. Other heat transfer systems using PCBs; and,
in the possession of the registrant; d. PCB packaging that are stored for treatment
ii. Detailed identification which includes and disposal.
specific model (label codes), type of
equipment, serial number, name of
manufacturer, date of manufacture,

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4.2 Information on the label should include: a hazard


warning or symbol, name of the company, serial g. The storage facility must be accessible to
number of the unit, other identifying information, material handling equipment such as forklift
contact person, address and telephone number. and drum lifters;

4.3 Installations and storage facilities for PCBs, PCB h. There should be no cracks or openings of any
equipment, PCB-contaminated equipment, non- kind in the containment floor or walls that
PCB equipment, PCB wastes, PCB articles, PCB could allow the flow of PCBs or PCB wastes
packaging, must have a signage with the following outside the area;
information:
i. Adequate ventilation must be provided to
a. Contains PCBs in large letters including total safeguard the health of workers and handlers;
volume and total weight of PCBs, total volume and,
and total weight of PCB waste, total volume
and total number of PCB packaging, the j. The storage facility must be located far from
number and type of PCB equipment, PCB- residential communities, storm drains, bodies
contaminated equipment, non-PCB of water, flood-prone areas and other
equipment and PCB articles; environmentally critical areas.

b. Warning that it contains toxic chemical and 5.2 Storage Period


that it must be handled by authorized
personnel only; and, a. Maximum of three (3) years from effective
date of this Order:
c. Contact person, including address and
telephone number. i. Decommissioned PCB equipment, PCB-
contaminated equipment and non-PCB
5. Storage Requirements equipment that have been drained of
PCB fluids;
5.1 Storage facility for PCBs, PCB wastes, PCB
articles and PCB packaging, must meet the ii. Decommissioned PCB equipment, PCB-
following minimum conditions: contaminated equipment and non-PCB
equipment that are sealed and with
a. The storage facility must be marked clearly, absolutely no leaks; and,
by putting fences, posts or walls in order to
limit access to the storage area; iii. PCB articles and PCB wastes placed in a
leak-proof PCB packaging.
b. The storage facility must be inspected at 30-
day intervals. Observations must be recorded b. Maximum of two (2) years after the end of the
in a logbook, indicating the name of the retirement period or date of determination that
inspector and the date of inspection. the equipment must be disposed of, but not
Inspection records must be retained; later than the phase out period as provided
for in this CCO:
c. The date when stored items are placed in the
storage facility must be recorded; i. PCBs or PCB-contaminated liquids that
are in PCB packaging held as reserve, or
d. Roof and walls must be adequate to prevent which have been drained from PCB
rainwater from reaching stored items; equipment, PCB-contaminated equipment,
or non-PCB equipment.
e. Floors of the storage facilities must be
constructed from impervious materials such ii. Leaking PCB equipment, PCB-
as concrete or steel to prevent the PCBs and contaminated equipment, non-PCB
PCB wastes from leaching into the ground; equipment, and PCB articles, provided
that leaking capacitors must immediately
f. A spill containment system, such as a and adequately be packed during
continuous curbing with adequate height to storage.
accommodate at least twice the volume of the
stored PCBs and PCB wastes, must be iii. Other PCB equipment, PCB-
constructed along the perimeter of the contaminated equipment, non-PCB
storage facility to prevent any spilled material equipment and PCB articles that are not
from flowing out; sealed.

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f. Disposal of contaminated debris and materials;


c. Notwithstanding the foregoing, the
Department may direct the owner or g. Reporting and Record keeping; and,
possessor to immediately dispose PCBs,
PCB equipment, PCB-contaminated h. Persons/Institutions to Contact in case of
equipment, non-PCB equipment, PCB Emergency.
wastes, PCB articles and PCB packaging, to
undertake clean up of contaminated sites to 8. PCB Storage Facility Closure Plan
safeguard public health and the environment.
Each owner and operator of a PCB storage facility
6. Treatment and Disposal Requirements must prepare and retain in an accessible location
at the premises a PCB storage facility closure
6.1 The general requirements for treatment, storage, plan. The plan must contain detailed descriptions
and disposal of PCBs and PCB wastes are as of all of the following and a copy of which must be
follows: submitted to the Bureau along with the PCB
Management Plan:
a. Preparatory and remedial work plan (i.e. PCB
packaging, isolation draining, and treatment a. Certification of financial liability approved by
of PCB equipment, PCB-contaminated the Bureau;
equipment, non-PCB equipment and PCB
articles, prior to disposal) that must be b. Steps and procedures for closure;
submitted to the Bureau along with the
transport/treatment permit requirements in c. Post closure conditions and monitoring; and,
accordance with RA 6969 and Title III of its
IRR not later than six months prior to the d. Cost estimates approved by the Bureau.
planned transport/treatment schedule; and,
9. PCB Management Plan Requirement
b. All treatments and disposals must be
approved by the Bureau and should be in A PCB Management Plan must be submitted to
conformance with RA 8749 otherwise known the Department within six (6) months after
as the Clean Air Act of the Philippines and registration to ensure that PCBs are managed in a
other applicable environmental laws and manner that will eliminate or minimize its release
regulations. to the environment. The registrant shall be
responsible for all costs of managing PCBs
6.2 If necessary, wastes containing high levels of including storage, disposal and clean-ups. The
PCBs must be exported in accordance with the details of the management plan will vary
provisions of Section IV Item 6.1b of this Order depending on the type of premises and the type of
and must meet the requirements for trans- activity that is being conducted with a timetable for
boundary movement of wastes under the Basel completion of particular actions. Review and
Convention. revisions of the management plan should be done
at least once every five (5) years.
7. PCB Spill Prevention and Clean-up Plan
Below is a general outline for the PCB
Registrants must prepare and retain in an Management Plan:
accessible location at the premises, a spill
prevention and clean-up plan. The plan must a. General Description
contain detailed descriptions of all of the following
and a copy of which must be submitted to the i. Name of owner and operator;
Bureau along with the PCB Management Plan:
ii. Location of the facility or the PCBs, PCB
a. Personnel Training Plan; equipment, PCB-contaminated
equipment, non-PCB equipment, PCB
b. Markings and Labeling; article, PCB packaging or PCB wastes
(site specific);
c. Assignments of Responsibilities of Response
Team; iii. Industrial activities at the premises; and,
d. Emergency Plans; iv. Number of employees.

e. Decontamination Procedures;

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b. Uses of PCBs at the Premise fires), in an amount determined as sufficient by


the Department, and post an annual surety bond
i. Description of the uses of PCBs at the equivalent to 150% of the current cost of proper
premises; PCB disposal to guarantee payment of the same
in case of untimely closure and abandonment.
ii. Listing of PCB equipment, PCB The insurance and the surety bond shall be
contaminated equipment, non-PCB submitted yearly, together with the annual report.
equipment and PCB articles;
Section V. Ban and Phase-out on Importation,
iii. Listing of PCB wastes generated at the Sale, Transfer and Use of PCBs
premises;
1. Upon the effective date of this Order:
iv. Mass balance of PCBs through the
premises; a. The local/domestic manufacture or production
of PCBs, PCB equipment, PCB contaminated
v. Description of pollution control devices in equipment and non-PCB equipment, or the
use at the premises; use of such, including PCB articles and PCB
wastes, as raw materials, shall be strictly
vi. Description of compliance with the prohibited.
environmental laws and regulations; and,
b. All importation, sale, transfer or distribution of
vii. Description of emergency procedures PCBs, PCB equipment, PCB-contaminated
and contingency plan in case of equipment, PCB wastes, PCB articles, or
accidents. PCB packaging shall no longer be allowed.

c. Pollution Prevention Program c. The use of PCBs in open-ended applications


and partially enclosed applications shall no
i. Pollution prevention/control devices; longer be allowed.

ii. Inspection schedule and checklist; and, d. All existing PCBs, PCB equipment, PCB-
contaminated equipment, non-PCB
iii. Equipment and/or materials to be used equipment, PCB packaging, PCB articles and
during spills and/or emergencies. PCB wastes other than in a totally enclosed,
intact, non-leaking and serviceable system
d. Training Program shall be considered as hazardous wastes and
shall be handled, stored and treated in
i. Scope or coverage of training or a copy accordance with Title III of the IRR.
of the Training Manual.
e. A PCB equipment, PCB-contaminated
ii. List of personnel trained, particularly equipment or non-PCB equipment may only
those workers in contact with PCBs, PCB be replaced with equipment that contains and
equipment, PCB-contaminated uses only, PCB-Free materials, as certified by
equipment, non-PCB equipment, PCB the manufacturer.
wastes, PCB articles or PCB packaging.
2. Three (3) years after the effective date of this
e. A copy of the PCB Spill Prevention and Order, the importation, sale, transfer or
Clean-up Plan as described in Section IV 7. distribution of non-PCB equipment as defined
under this CCO shall no longer be permitted.
f. A copy of the PCB Storage Facility Closure
Plan as described in Section IV 8. 3. Ten (10) years after the effective date of this
Order, the use or storage for reuse of any PCBs,
10. Insurance and Surety Bond Requirements PCB equipment, PCBcontaminated equipment,
or PCB article, including those in totally enclosed
All entities required to be registered under the applications, shall no longer be allowed. Likewise,
provisions of this CCO are required to provide on the same date, the storage of PCB packaging
pollution liability insurance coverage separate and PCB wastes shall no longer be allowed.
from any existing general or public liability
insurance to guarantee payment for clean-up, 4. Notwithstanding the foregoing, however, PCBs
damage claims and other environmental liabilities may, for an indefinite period, be imported, sold,
that may arise in case of accidents (i.e. PCB spills, transferred or used in small quantities, for

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research and development, in a manner other Section XII. Effectivity. This CCO shall take effect
than totally enclosed, provided proper one (1) month after publication in the Official Gazette
authorization is obtained from the Department. or two (2) newspapers of general circulation.
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 (SGD) ELISEA G. GOZUN
transport processes; studies of the effects of Secretary
PCBs on the environment; and studies on the
effects of PCBs on human health.
________________
Section VI. Information, Education, Communication This CCO was approved on 16 February 2004
and Training Requirements. The Department, Published in Malaya and Today last 19 March 2004
through the Bureau, in collaboration with the industry, Deposited at UP Law Center on 02 March 2004
concerned government agencies, the academe, and Took effect on 19 March 2004
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 DENR ADMINISTRATIVE ORDER
workplace and into the environment.
No. 29
Section VII. Public Access to Records. The Public Series 1992
shall have access to records, reports or information
obtained by the Department pursuant to this CCO, in Subject: IMPLEMENTING RULES AND
accordance with Section 12 of RA 6969.
REGULATIONS OF
Section VIII. Compliance Monitoring Procedure. REPUBLIC ACT 6969
Compliance with the requirements established in this
CCO will be monitored by the Department, through the Pursuant to provisions of Section 16, Republic Act 6969,
Bureau, through review of reports and registration otherwise known as Toxic Substances and Hazardous and
information submitted, as required by this CCO, and Nuclear Wastes Control Act of 1990, the Department of
on-site inspection by authorized personnel of the Environment and Natural Resources hereby adopts and
Bureau. promulgates the following Rules and Regulations:

Section IX. Revision of Requirements. The Title I. General Provisions and


Department may amend, modify, and/or supplement Administrative Procedures
the requirements and standards in this CCO after prior
consultation with stakeholders and after proper notice Chapter I
and hearing to the public on matters to be revised. The
General Provisions
EMB Director shall hereby issue clarification
guidelines.
Section 1. Title. These Rules and Regulations shall
be known as the Implementing Rules and Regulations of
Section X. Penalty Provision. Any violation of the Republic Act 6969.
requirements specified in this CCO will subject the
person or persons responsible thereof to the Section 2. Declaration of Policy. It is the policy of
applicable administrative and criminal sanctions as the State to regulate, restrict or prohibit the importation,
provided for under RA 6969 and other applicable laws manufacture, processing, sale, distribution, use and
and regulations. disposal of chemical substances and mixtures that present
unreasonable risk and/or injury to health or the
Section XI. Separability Clause. Should any environment; to prohibit the entry, even in transit, of
provision or portion of this CCO be declared hazardous and nuclear wastes and their disposal into
unconstitutional or invalid, all other provisions of this Philippine territorial limits for whatever purpose; and to
CCO shall remain valid and enforceable. 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

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of all unregulated chemical substances and mixtures in the Regulations subject to conditions, limitations or
Philippines including the entry, even in transit, as well as restrictions as prescribed by the Secretary.
the keeping or storage and disposal of hazardous and
nuclear wastes into the country for whatever purpose. 6. Hazardous substances are substances which
present either:
Section 4. Construction. These Rules and Regulations
shall be liberally construed to carry out the national policy a) short-term acute hazards such as acute
to regulate, restrict or prohibit the importation, manufacture, toxicity by ingestion, inhalation or skin
processing, sale, distribution, use and disposal of chemical absorption, corrosivity or other skin or eye
substances and mixtures that present unreasonable risk contact hazard or the risk of fire or explosion;
and/or injury to health or the environment; to prohibit the
entry, even in transit, of hazardous and nuclear wastes and b) long-term environmental hazards, including
their disposal into the Philippine territorial limits for chronic toxicity upon repeated exposure,
whatever purpose, and to provide advancement and carcinogenicity (which may in some case
facilitate research and studies on toxic chemicals and result from acute exposure but with a long
hazardous and nuclear wastes. latent period, resistance to detoxification
process such as biodegradation, the potential
Section 5. Administrative and Enforcement. These to pollute underground or surface waters, or
Rules and Regulations shall be administered by the aesthetically objectionable properties such as
Secretary or his duly authorized representative or through offensive odors).
any other department, bureau, office, agency, state
university or college and other instrumentalities of the 7. Hazardous wastes are substances that are
government for assistance in the form of personnel, without any safe commercial, industrial,
facilities and other resources as the need arises in the agricultural or economic usage and are shipped,
discharge of its functions. transported or brought from the country of origin
for dumping or disposal into or in transit through
Section 6. Definitions. The following words and any part of the territory of the Philippines.
phrases when used in these Rules and Regulations shall,
unless the context clearly indicates otherwise, have the Hazardous wastes shall also refer to by-
following meanings: products, side-products, process residues, spent
reaction media, contaminated plant or equipment
1. CAS means Chemical Abstracts Service, a or other substances from manufacturing
uniquely identifying number adopted internationally operations and as consumer discards of
which permits one to generate toxicological manufactured products which present
information from a computer base. unreasonable risk and/or injury to health and
safety and to the environment.
2. Chemical Substance means any organic or
inorganic substance of a particular molecular 8. "Importation" means the entry of a product or
identity excluding radioactive materials and substance into the Philippines (through the
includes any element or uncombined chemical; seaports or airports of entry) after having been
any combination of such substances; or any properly cleared through or still remaining under
mixture of two or more chemical substances. customs control, the product or substance of
which is intended for direct consumption,
3. "Chemical mixture" means any combination of merchandising, warehousing, for further
two or more chemical substances if the processing.
combination does not occur in nature and is not, in
whole or in the past, the result of chemical 9. Inert waste means any waste that, when
reaction, if none of the chemical substances and if placed in a landfill is reasonably expected not to
the combination could have been manufactured undergo any physical, chemical, and/or biological
for commercial purposes without a chemical changes to such an extent as to cause pollution or
reaction at the time the chemical substances hazard to public health and safety.
comprising the combination were combined. This
shall include nonbiodegradable mixtures. 10. New Chemicals means any chemical
substance imported into or manufactured in the
4. Department means the Department of country after December 31, 1993, and which are
Environment and Natural Resources. not included in the Philippine Inventory of
Chemicals and Chemical Substances as
5. Environmental Protection Officer means an published by the Department.
officer appointed or deputized by the Secretary to
execute the provisions of these Rules and

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11. "Nuclear wastes" are hazardous wastes made c) land;


radioactive by exposure to the radiation incidental
to the production or utilization of nuclear fuels but d) vehicle;
do not include nuclear fuel, or radioisotopes which
have reached the final stage of fabrication so as to e) boat or ship
be usable for any scientific, medical, agricultural,
commercial, or industrial purpose. 18. "Process" means the preparation of a chemical
substance or mixture after its manufacture for
12. "Manufacture" means the mechanical or commercial distribution:
chemical transformation of substances into new
products whether work is performed by power- i) In the same form or physical state or in a
driven machines or by hand, whether it is done in different form or physical state from that
a factory or in the workers home, and whether the which it was received by the person so
products are sold at wholesale or retail. preparing such substance or mixture; or

13. Occupier is one who must have a license to ii) As part of an article containing a chemical
accept, produce, generate, store, treat, recycle, substance or mixture.
reprocess, process, manufacture or dispose of
hazardous waste. 19. Secretary means the Secretary of the
Department of Environment and Natural
14. Permit means a legal authorization to engage Resources.
in or conduct any or all of the following activities
for: 20. Transport includes conveyance by air, water
and land.
a. Toxic chemicals importation, storage,
manufacture, processing, selling, transport 21. Waste generator means a person who
and disposal generates or produces, through any commercial,
industrial or trade activities, hazardous wastes.
b. Hazardous wastes storage, treatment,
transport, export, processing, reprocessing, 22. Waste transporter means a person who is
recycling and disposal licensed to treat, store, recycle, or dispose of
hazardous wastes.
c. Hazardous materials importation or
exportation 23. Waste treater means a person who is licensed
to treat, store, recycle, or dispose of hazardous
15. Person or persons includes any being, wastes.
natural or juridical, susceptible of rights and
obligations or of being the subject of legal 24. Unreasonable risk means expected high
relations. frequency of undesirable effects or adverse
responses arising from a given exposure to a
16. Pollution means any alteration of the physical, substance.
chemical, biological properties of any water, air
and/or and resource of the Philippines, or any
discharge thereto of any liquid, gaseous or solid Chapter II
waste, or any production of unnecessary noise, or Administrative Provision
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 Section 7. Powers and Functions of the Department
public health, safety or welfare, or which will of Environment and Natural Resources. The
adversely affect their utilization for domestic, Department of Environment and Natural Resources shall
industrial, agricultural, recreational or other be tasked with the following functions, powers and
legitimate purposes. responsibilities:

17. Premises shall include but not limited to: 1. To keep an updated inventory of chemicals that
are presently being manufactured or used,
a) building or part of a building; indicating among others, their existing and
possible uses, quantity, test data, names of firms
b) a tent, stall or other structure whether manufacturing or using them, and such other
permanent or temporary; information as the Secretary may consider

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relevant to the protection of health and the Section 8. Delegation of Powers and Functions of the
environment; Secretary

2. To require chemical substances and mixtures that 1. The Secretary may appoint and/or deputize
present unreasonable risk or injury to health or to officers subject to conditions, limitations or
the environment to be tested before they are restrictions as may be prescribed by him.
manufactured or imported for the first time;
2. The Secretary may delegate his powers to:
3. To require chemical substances and mixtures
which are presently being manufactured or a. conduct inspection of any establishment in
processed to be tested if there is reason to believe which chemicals are manufactured,
that they pose unreasonable risk or injury to processed, stored or held before or after their
health and the environment; commercial distribution and to make
recommendations to the proper authorities
4. To evaluate the characteristics of chemicals that concerned;
have been tested to determine their toxicity and
the extent of their effects on health and the b. conduct inspection of any premises in which
environment; hazardous wastes are being generated,
stored, processed, reprocessed, recycled,
5. To enter into contracts and make grants for treated and/or disposed of and to make
research, development and monitoring of recommendations to the proper authorities;
chemical substances and mixtures;
c. stop, detain, inspect, examine and remove to
6. To conduct inspection of any establishment in some suitable place for inspection and
which chemicals are manufactured, processed, examination any vehicle or boat that is
stored or held before or after their commercial believed to being or likely to be used for the
distribution and to make recommendations to the transport of chemical substances and
proper authorities concerned; hazardous and nuclear wastes subject to
pertinent provisions of these Rules and
7. To confiscate or impound chemicals found not Regulations;
falling within the standards set by these Rules and
Regulations and the said acts cannot be enjoined d. monitor and prevent the entry, even in transit,
except after the chemicals have been impounded; of hazardous and nuclear wastes and their
disposal into the country;
8. To monitor and prevent the entry, even in transit,
of hazardous and nuclear wastes and their e. subpoena witnesses and documents and to
disposal into the country; require other information if necessary to carry
out the provisions of these Rules and
9. To subpoena witnesses and documents and to Regulations.
require other information if necessary to carry out
the provisions of this Act; 3. The Secretary may, by notice, amend or revoke
the:
10. To call on any department, bureau, office, agency,
state university or college, and other a. delegated authorities previously granted
instrumentalities of the Government for under Section 8(2) of these Rules and
assistance in the form of personnel, facilities and Regulations; and
other resources as the need arises in the
discharge of its functions; b. appointed of an Environmental Protection
Officer.
11. To disseminate information and conduct
educational awareness campaign on the effects of Section 9. Duties and Responsibilities of an
chemical substances, mixtures and wastes on Environmental Protection Officer. An Environmental
health and environment; and, Protection Officer shall have the following duties and
responsibilities:
12. To exercise such powers and perform such other
functions as may be necessary to carry out its 1. To make such examination or inquiry as is
duties and responsibilities under RA 6969. necessary to determine whether these Rules and
Regulations are being complied with.

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2. To enter any premises in which he reasonably authorized representative may issue an Ex-Parte Order of
believes that chemical substance or hazardous confiscation or impoundment, provided that the respondent
waste are being used, manufactured, stored, files his Motion for Reconsideration within ten (10) days
processed, reprocessed, generated, treated, from date of confiscation or impoundment which Motion for
transported or disposed of and may Reconsideration shall be resolved within fifteen (15) days
from receipt of the same.
a. without payment take or require the occupier
or person in charge of the premises or person
in possession of any chemical substance to Chapter III
give the Environmental Protection Officer Inter-Agency Technical Advisory Council
samples of the chemical substance for
examination and testing subject to pertinent
provisions of these Rules and Regulations. Section 12. Composition of the Inter-Agency
Technical Advisory Council. The Interagency Technical
b. require the production of any relevant Advisory Council shall be composed of the following
documents and inspect, examine and make officials or their duly authorized representatives:
copies of or extracts from them or remove
them to make a copy of extract; and Secretary of Environment and Natural Resources
Chairman
c. take such photographs or audio or visual
recordings as he considers necessary. Secretary of Health
Member
3. To stop, detain, inspect, examine and remove to
some suitable place for inspection and Secretary of Trade and Industry
examination any vehicle or boat that he believes is Member
being or likely to be used for the transport of
chemical substances and hazardous wastes Secretary of Science and Technology
without the necessary permit from the Member
Department.
Secretary of National Defense
4. To require a person found committing an offense Member
under these Rules and Regulations to state the
persons full name and address. Secretary of Foreign Affairs
Member
5. To exercise such other duties and responsibilities
as may be authorized by the Secretary. Secretary of Labor and Employment
Member
Section 10. Confiscation, Impoundment and
Imposition of Administrative Fines. Upon receipt of a Secretary of Finance
report from a duly authorized inspector or upon a verified Member
complaint from a private person, the Secretary or his duly
authorized representative shall order an investigation or Secretary of Agriculture
inquiry in such a manner as he may determine on the Member
alleged violation of any of the provision of RA 6969 and
these Rules and Regulations. If after investigation there Secretary of Philippine Nuclear Research Institute
appears to be a violation of any of the provisions of RA Member
6969 or these Rules and Regulations, the Secretary or his
duly authorized representative shall issue summons Representative from non-governmental organizations
informing respondent/s of nature of charges against him on health and safety
and requiring the said respondent or respondents to appear Member
before him or his duly designated representative for a
conference for the purpose of determining whether an The representative from the non-governmental
Order for confiscation or impoundment or fine should be organization shall be appointed by the President for a term
issued. of three (3) years.

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

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Section 13. Functions of the Council. The Council b. its trade name or names;
shall have the following functions:
c. its chemical and molecular structure;
1. To assist the Department in the formulation of
these rules and regulations for the effective d. its CAS number;
implementation of RA 6969;
e. its RTECS number (if available);
2. To assist the Department in the preparation and
updating of the inventory of chemical substances f. its United Nations number (if applicable);
and mixtures that fall within the coverage of RA
6969; g. its United Nations class and subsidiary risk
category (if applicable);
3. To conduct preliminary evaluation of the
characteristics of chemical substances and h. the following physical characteristics (if
mixtures to determine their toxicity and effects on applicable)
health and the environment and make the
necessary recommendations to the Department; i. boiling point;
and,
ii. melting point;
4. To perform such other functions as the Secretary
may, from time to time, require. iii. specific gravity;

iv. vapor pressure;


Title II. Toxic Chemical Substances
v. appearance;
Chapter IV
Inventory of Chemical Substances vi. odor;

vii. purity; and


Section 14. Chemical Substances Inventory
viii. water/octanol partition coefficient;
1. The Secretary or his duly authorized
representative shall cause the keeping, updating, i. the following chemical properties (if
compilation and maintenance of an inventory of applicable)
chemical substances which are stored, imported,
exported, used, processed, manufactured or i. solubility in water; and,
transported.
ii. solubility in an organic solvent;
2. The inventory shall contain such information that
the Secretary or his duly authorized representative j. the following toxicological data (if applicable)
considers to be relevant to the protection of health
and the environment. i. measured lethal dose (median) in two
species;
3. The Secretary or his duly authorized
representative shall cause the release of an ii. measured lethal concentration (median)
updated listing of the inventory comprising the in two species;
chemical substances name and its CAS number.
iii. results of an irritation test on the skin and
eyes of species; and,
Section 15. Pre-manufacturing and Pre-Importation
Data Requirements iv. results of a short-term sub-lethal toxicity
test on one species.
1. The desired information for a nomination of a
chemical substance under Section 16 and the k. any recommended time weighted exposure
required information for a notification of a average (eight-hour working day);
chemical substance under Section 17 shall
comprise l. its flash point measured under close cup
conditions;
a. its proper chemical name;

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m. its upper and lower explosive limits (if 4. The Department shall not accept any further
applicable); nominations of chemical substances under this
section after 31 December 1993.
n. its known stability and incompatibilities;

o. its carcinogenic, teratogenic and mutagenic Section 17. Notification of New Chemicals
properties;
1. After 31 December 1993, a chemical substance
p. the name and address of the nominating which is not included in the chemical inventory
person; and, shall be considered as new chemical substance.

q. the anticipated volume in cubic meters or Unless exempted, any person who uses, stores,
weight in tones, per annum of the chemical imports, manufactures, transports or processes a
substance being used, stored, manufactured, chemical substance after 31 December 1993
processed, offered for sale or sold, which is not listed in the chemical inventory shall
transported, imported and exported by the be liable for violation of Section 16 of these Rules
nominating person. and Regulations and shall be dealt with subject to
the provisions of Section 15 of RA 6969.
2. The documents containing the above information
shall be considered as public document. 2. No person shall use, store, transport, import, sell,
distribute, manufacture, or process a new
chemical substance unless permitted by the
Section 16. Nomination of Existing Chemicals Department. Permit shall be granted under the
following conditions:
1. Until 31 December 1993, a person shall submit to
the Department for inclusion in the Philippine a. The Department must be notified of the
Inventory of Chemicals and Chemical Substances, intention to do so at least one hundred and
a list of chemical substances which are currently eighty (180) days before commencing such
used, sold, distributed, imported, processed, activity; and,
manufactured, stored, exported or transported in
the Philippines in a form as may be provided by b. The Department shall be provided with such
the Department. information as outlined in Section 15.

2. The person who nominates a chemical substance 3. The notification must be made in accordance with
shall provide as much information as outlined in a form and in a manner prescribed by the
Section 15 of these Rules and Regulations and Department and accompanied with the payment of
that such nomination shall contain the following the prescribed fee.
minimum data:
4. The notification which does not comply with the
a. chemical names; requirement of Section 17(3) will not be acted
upon and/or accepted.
b. trade name or names;
5. The Department shall have the discretion not to
c. chemical structure; include the new chemical substance in the
chemical inventory if the information provided to
d. CAS number; the Department by the person does not fully
comply with the requirements of Section 15 or the
e. anticipated volume in cubic meters, or weight Department suspects that the data are of dubious
in tones per annum of chemicals being quality.
nominated; and,
6. Any person who falsifies information on a
f. name and address of nominating person. chemical substance while nominating an existing
or new chemical substance shall be criminally
3. Chemical substances in the chemical inventory liable.
shall be regarded by the Department as existing
chemical substances and, therefore, exempted
from the provisions of Section 17.

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Section 18. Assessment of Chemicals a. prohibit the use, manufacture, import, export,
transport, process, storage, possession or
1. Upon notification of a new chemical substance sale of the chemical substance;
under Section 17 of these Rules and Regulations,
the Department shall within ninety (90) days b. limit the use, manufacture, import, export,
determine whether transport, process, storage, possession or
sale of the chemical substances; or,
a. to add the chemical substance to the
chemical inventory; c. place such controls or conditions on the use,
manufacture, import, export, transport,
b. to seek further information from any person process, storage, possession or sale of the
for the purpose of assessing public health chemical substance to abate or minimize risks
and environmental risk posed by the use, or hazards posed by the chemical substances
storage, manufacture, import, process or on public health and environment.
transport of the chemical substance; or,
2. An order issued by the Department under Section
c. to issue Chemical Control Order in 20(1) shall be known as Chemical Control Order.
accordance to Section 20 of these Rules and
Regulations.
Chapter V
2. The Department shall notify the applicant in Testing Requirements
writing of its decision.
Section 21. Chemicals Subject to Testing

Section 19. Priority Chemical List 1. Testing shall be required in all cases where:

1. The Department shall compile and may amend a. There is reason to believe that the chemical
from time to time a list to be known as the Priority substances or mixture may present an
Chemicals List. unreasonable risk to health or environment;

2. The Department may determine which chemical b. There is insufficient data and experience for
substance from the chemical inventory should be determining or predicting the health and
included, deleted, or excluded from the Priority environmental effects of the chemical
Chemicals List. substance or mixture; and,

3. The Department shall publish in the Official c. The testing of the chemical substance or
Gazette or newspaper of general circulation the mixture is necessary to develop such data.
Priority Chemicals List and any amendments and
deletions to the List. 2. The manufacturers, processors or importers of
such chemicals subjected to testing shall shoulder
4. The Department may require information from any the costs of testing the chemical substance or
person for the purpose of assessing the public mixture.
and environmental risk posed by the use, storage,
manufacture, import, process or transport of the
priority chemicals. Chapter VI
Exemptions

Section 20. Chemical Control Orders Section 22. Exemptions. The following substances
and mixtures shall be exempted from the requirements of
1. If the Department has determined that the use, Section 17, 18 and 21 of these Rules and Regulations:
storage, transport, process, manufacture, import
or export of any new substance or a priority 1. Those chemicals already included in the
chemical poses an unreasonable risk or hazard to Philippine Inventory of Chemicals and Chemical
public health or the environment, the Department Substances;
may, by order, published in the Official Gazette or
any newspaper or general circulation: 2. Those to be produced or used in small quantities
solely for experimental or research and
development purposes;

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3. Those that are reaction intermediates which do d. landfill of inert hazardous waste residues.
not leave the closed production system or
undergo intermediate storage during the reaction 3. Hazardous waste shall be managed in such a
process; manner as not to cause or potentially cause

4. Those chemical substances that are regulated by a. pollution;


laws other than RA 6969.
b. state of danger to public health, welfare and
safety;
Section 23. Confiscation
c. harm to animals, bird, wildlife, fish or other
1. The Secretary or his duly authorized aquatic life;
representative may cause the impoundment or
confiscation of any chemical substance and its d. harm to plants and vegetation; or,
conveyance and container if there is reasonable
grounds to believe that: e. limitation in the beneficial use of a segment of
the environment.
a. the sale, storage, possession, use,
manufacture, transport, import, or export for a 4. The waste generator shall be responsible for the
chemical substance does not comply with the proper management and disposal of the
Chemical Control Order; or, hazardous waste.

b. the sale, storage, possession, use, 5. The waste generator shall bear the costs for the
manufacture, transport, import or export of proper storage, treatment and disposal of their
chemical substance poses an immediate hazardous waste.
threat or hazard to public health and safety or
the environment.
Section 25. Classification of Hazardous Waste
2. Any costs incurred by the Department under
Section 23(1) shall be reimbursed by the occupier 1. The classes and subcategories of wastes listed in
of the premises from which the Environmental Table 1 shall be prescribed as hazardous waste
Protection Officer impounded or confiscated the for the purposes of these Rules and Regulations.
chemical substance.
2. The types of wastes listed in Table 2 shall be
exempted from the requirements of these Rules
and Regulations.
Title III. Hazardous and Nuclear Wastes
3. The listings provided for Tables 1 and 2 are not
Chapter VII inclusive and shall be subject to periodic review.
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,

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Table 1. Prescribed Hazardous Wastes

Class Subcategory Waste Number

Plating Wastes Discarded plating solutions and salts with a A101


cyanide concentration of less than 200 ppm.

Discarded heat treatment solutions and salts with a A102


cyanide concentration of less than 200 ppm.

Plating solutions and salts containing cyanides at a A103


concentration exceeding 200 ppm.

Heat treatment solutions and salts containing A104


cyanides at a concentration exceeding 200 ppm.

Complexed cyanide solutions and salts A105

Other cyanide wastes arising from the plating and A199


heat treatment industries

Acid Wastes Sulfuric Acid B201


Hydrochloric Acid B202
Nitric Acid B203
Phosphoric Acid B204
Hydrofluoric Acid B205
Mixture of Sulfuric and Hydrochloric Acid B206
Other inorganic acids B207
Organic acids B208
Other mixed acids B299

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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 Nontoxic salts D401


Chemical Arsenic and its compound D402
Wastes Boron compounds D403
Cadmium and its compounds D404
Chromium compounds D405
Lead compounds D406
Mercury and mercuric compounds D407
Other salts and complexes D499

Reactive Oxidizing agents D501


Chemical Reducing agents D502
Wastes Explosive and unstable chemicals D503
Highly reactive chemicals D599

Paints/ Aqueous-based E601


Resins/ Solvent-based E602
Lattices/inks/ Other mixed E699
Dyes/Adhesives/
Organic Sludge

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Organic Solvents Flash point>61oC F701


Flash point <61 oC F702
Chlorinated solvents and Residues F703

Putrescible/ Animal/abattoir wastes G801


Organic Wastes Grease trap wastes from industrial or G802
Commercial premises
Others G899

Textile Tannery wastes H901


Other textile wastes H999

Oil Waste oils I101


Interceptor sludges I102
Vegetable oils I103
Waste tallow I104
Oil/water mixtures I105

Containers Portable containers previously containing toxic J201


chemical substances

Immobilized Solidified and polymerized wastes K301


Wastes Chemically fixed wastes K302
Encapsulated Wastes K303

Organic Aliphatics L401


Chemicals Aromatics and phenolics L402
Highly odorous L403
Surfactants and detergents L404
Halogenated solvents L405
Polychlorinated biphenyls and related materials L406
Other organic chemicals L499

Miscellaneous Pathogenic or infectious wastes M501


Wastes Asbestos wastes M502
Pharmaceuticals wastes and drugs M503
Pesticides M504

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Table 2. Exempted Wastes b. the hazard posed by the improper handling,


storage, transport, and use of chemical
Description substances and their containers.

Garbage from domestic premises and households.


Section 27. Waste Transporter
Industrial and commercial wastewaters which are disposed
of on-site through the sewage system. 1. No transport of hazardous waste shall be allowed
unless prior permit is secured from the
Industrial and commercial solid wastes which do not contain Department.
prescribed hazardous wastes as identified in Table 1.
2. Any application for the issuance or amendment of
Materials from building demolition except asbestos. a permit to transport hazardous waste shall be
made in accordance with the form and in a
Septic tank effluents and associated sullage wastewaters. manner approved by the Department and
accompanied by a payment of the prescribed fee.
Untreated spoils from mining, quarrying and excavation
works but not materials in the nature of tailings, 3. The Department shall maintain a register of waste
commercially treated materials and mine facility transporters.
consumables.
4. A waste generator shall only use waste
transporters duly authorized by the Department to
Section 26. Waste Generators transport hazardous wastes.

1. All waste generators shall:


Section 28. Waste Transport Record
a. notify the Department of the type and quantity
of wastes generated in accordance with the 1. A waste transport record shall be in a form
form and in a manner approved by the prescribed by the Department and shall contain
Department and accompanied by a payment the following particulars
of the prescribed fee; and,
a. the name and address of the waste generator;
b. provide the Department, on a quarterly basis,
with information to include the type and b. the name of the waste transporter used to
quantity of hazardous waste generated, transport a load of hazardous wastes;
produced or transported outside, and such
other information as may be required. c. the registration number of the waste transport
vehicle;
2. A waste generator shall continue to own and be
responsible for the hazardous waste generated or d. the waste treatment license of the waste
produced in the premises until the hazardous transporter;
waste has been certified by the waste treater as
had been treated, recycled, reprocessed or e. the description of the hazardous waste
disposed of. transporter including its class and
subcategories as stated in Table 1;
3. A waste generator shall prepare and submit to the
Department comprehensive emergency f. the quantity of the hazardous waste transported;
contingency plans to mitigate and combat spills
and accidents involving chemical substances g. the type of container used during the transport;
and/or hazardous waste. These plans shall
conform with the content of the guidelines issued h. the name and address of transit points and the
by the Department. final destination of the hazardous waste; and,

4. A waste generator shall be responsible for training i. the intended method of hazardous waste
its personnel and staff on- treatment, storage, export, recycling,
processing, reprocessing or disposal at the
a. the implementation of the plan required under destination.
Section 26(3); and,

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2. Prior to the transport of hazardous wastes, the Section 29. Hazardous Waste Storage and Labeling
waste generator shall complete, in duplicate,
portions that refer to the waste generator in the 1. Vessels, containers and tanks for the storage of
prescribed form and shall submit the same to the hazardous waste shall be clearly labeled and this
Department accompanied by payment of the labeling shall comprise the following particulars
prescribed fee.
a. the class of the hazardous waste as specified
3. The waste generator shall retain and store a copy in Table 1;
of the waste transport record for a period of
twenty-four (24) months from the date of receipt of b. the sub-category of the hazardous waste as
the Department. specified in Table 1;
4. Prior to the transport of the hazardous waste, the c. the waste number as specified in Table 1;
waste transporter shall complete, in duplicate,
portions referring to the waste transporter in the d. the name and address of the waste
prescribed form. generator; and,
5. The waste transporter shall place a copy of the e. the maximum capacity of volume.
waste transport record in the drivers cabin of the
waste transport vehicle. 2. The labeling of the vessels, containers and tanks
specified in Section 29(1) shall be conspicuously
6. Upon arrival at the waste treatment, storage, marked in paint, decals or other permanent form
recycling, reprocessing, processing or disposal of markings.
premises, the waste transporter shall give a copy
of the waste transport record to the waste treater.
Section 30. Waste Treatment and Disposal Premises
7. Upon receiving a waste transport record, the
waste treater shall:
1. No waste treater shall accept, store, treat, recycle,
a. verify the accuracy of the waste description of reprocess or dispose of hazardous wastes unless
the hazardous waste; done in the premises as prescribed in Table 3 and
b. complete portions of the waste treater on the permitted by the Department.
waste transport record; and,
c. retain and store the complete waste transport
record for a period of twenty-four months after Table 3. Prescribed Wastes Treatment Premises
receipt of the hazardous waste.
Category Description
8. If the hazardous waste data is inaccurate, the
waste treater shall immediately inform the waste A Premises that conduct on-site disposal of
generator of such inaccuracy within a reasonable hazardous wastes generated or produced at
period of time. The waste treater shall have the the premises through industrial or commercial
right to deny acceptance of such hazardous waste processes and activities other than disposal
if such acceptance may cause any danger of via sewer.
hazard in the operation of its premises;
B Commercial or industrial hazardous waste
9. If the hazardous waste is accepted by the waste incinerators.
treater for treatment, storage, export, recycling,
reprocessing, processing or disposal, the waste C Landfills, dumps or tips that accept hazardous
treater shall certify in writing, the acceptance of waste for disposal
the hazardous waste to the waste generator.
D Premises that recycle or reprocess hazardous
10. The waste treater shall send to the Department waste which were not generated or produced
within five (5) days, the certification required under at that premise.
Section 28(9) copy furnished the waste generator.
E Premises that immobilize, encapsulate,
11. Any waste transporter while transporting polymerize or treat hazardous wastes which
hazardous waste is involved in an accident which were not generated or produced at that
results in the spillage or release of the hazardous premise.
waste to the environment shall immediately
contain the spillage and notify the Department.

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F Premises that store hazardous wastes, which Section 33. Specific Exemption
were not generated or produced at that
premise for periods exceeding thirty (30) days. 1. The following are exempt from the requirements of
these regulations:
2. An application for issuance or amendment of a a. Any holder of a valid PNRI license authorized
permit under this section shall be made in to operate a nuclear power plant or atomic
accordance with a form and in a manner energy facility, who, in the course of operating
approved by the Department accompanied with his licensed facility, transports spent nuclear
the payment of the prescribed fee and fuel for reprocessing in a foreign country and
accompanied by such plans, specifications and re-acquires the by-products of reprocessing,
other information and a summary thereof as may including its nuclear wastes for storage in his
be required by the Department. facility.
3. The Department shall maintain a register of waste b. States which are signatories to the Basel
treaters. Convention and countries with bilateral
agreements with the Philippines that would
allow the passage or transit shipment of
Section 31. Import and Export of Hazardous nuclear waste over Philippine territorial limit.
Substances Prior informed arrangements and notification
schedules shall have been made through
1. Any person who wishes to import into the proper Philippine authorities including the
Philippines or export hazardous substances must DENR and the PNRI.
seek and obtain prior written approval from the
Department. 2. The DENR and the PNRI shall exercise their rights
to monitor and inspect such shipments for the
2. An application made under Section 31(1) shall be protection of the public and the national interest.
made in the form and manner approved by the
Department and accompanied by payment of the Section 34. Abandoned or Unclaimed Nuclear Waste.
prescribed fee. Nuclear wastes which are unclaimed or abandoned, and
whose legal ownership cannot be ascertained, shall be
3. The Department shall cause the seizure of the subject to the regulations of the PNRI on the management
imported hazardous substances which does not and disposal of nuclear wastes.
comply with the approved permit, return the
hazardous substance to their point of origin and
initiate proceedings to recover cost incurred. Section 35. Scrap Metal That May Contain Radioactive
Materials

Chapter VIII 1. Any importer of scrap metal intended for domestic


Nuclear Waste reprocessing shall certify to the DENR that the
scrap metal he is importing does not contain
Section 32. Policy radioactive material in any form, shape or
containment.
1. It shall be the policy of the government to prohibit
the entry, even in transit, of nuclear waste and 2. Scrap metal that may contain radioisotopes of the
their storage or disposal into the Philippine elements Cesium, Cobalt, Americium, Strontium,
territorial limits for whatever purpose. or as may be determined by the PNRI shall not be
processed for the fabrication of metal bars or
2. The Philippine Nuclear Research Institute (PNRI) components.
shall be the government agency responsible for
the regulation and licensing of nuclear facilities Section 36. Reporting and Notification. Any person
and radioactive materials pursuant to the shall immediately notify the DENR or the PNRI of any
provisions of RA 2067, the Science Act 56 of existence of unauthorized radioactive material or nuclear
1958, and RA 5207, the Atomic Energy waste anywhere in the Philippines. The report should be
Regulatory and Liability Act of 1968, both as such as to cause the immediate location of the radioactive
amended. Radioactive materials as defined in the material to institute the necessary protective and recovery
laws include radioactive products or wastes. measures.

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Title IV. Common Provisions may submit together with the information, a
request that such information be treated as
Chapter IX confidential.
Permitting Regulations
2. The Department of Environment and Natural
Section 37. Prescribed Fees for Toxic Chemical Resources may consider a record, report of
Substances information or particular person thereof
confidential and may not be made public when
such would divulge trade secrets, or sales figures
1. The Department shall prescribe fees for the
or methods production or processes unique to
notification and assessment of new chemicals
such manufacturer, processor or distributor or
under Section 17 and Section 18.
would otherwise tend to affect adversely the
competitive position of such manufacturer,
2. The Department shall publish the scale of fees
processor or distributor, information other than its
and amendments to the scale of fees in the
chemical name and CAS Number (if applicable),
Official Gazette or any newspaper of general
be treated as confidential.
circulation which shall take effect fifteen (15) days
after its publication.
3. No disclosure of any information shall be done
subject to Sections 40(1) and 40(2) except
Section 38. Prescribed Fees for Hazardous and a. where there is written consent provided by the
Nuclear Wastes person who requested confidentiality under
Section 40(1);
1. The Department shall prescribe reasonable fees for
b. under an agreement, convention or treaty
a. registration of a waste generator; between the government of the Philippines
b. permitting of a waste transporter; and other foreign nations provided that the
c. permitting of a waste treater; foreign nation undertakes to keep the
d. authority to import or export hazardous information confidential;
material; and,
e. waste transport record. c. under an agreement between the Department
and other statutory bodies and local
2. The Department shall publish the scale of fees authorities provided that the information is
and amendments to the scale of fees in the required to fulfill their obligations and
Official Gazette or any newspaper of general provided that they agree to keep the
circulation which shall take effect fifteen (15) days information confidential;
after its publication.
d. under formal instruction of a competent court
of law;
Chapter X
Public Access to Records, Reports and Notification e. to a physician or prescribed medical
and Confidentiality of Information professional who request the information for
the purpose of making a medical diagnosis of,
Section 39. Public Access to Assessment Reports or rendering medical treatment to, a person in
an emergency and who agrees, in writing to
1. The general public shall have access to the keep the information confidential; or
chemical inventory and to the priority chemical list.
f. where the Department certifies that the
2. The general public shall have access to the disclosure of the information is in the interest
documents prepared by the Department regarding of public health and safety or protection of the
chemical control orders excepting confidential environment.
portions contained in these documents.
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
Section 40. Confidentiality of Information
the intention of disclosure of information under
Section 40(3).
1. Any person who is requested to provide
information to the Department under Section 16,
17, 18 and 21 of these Rules and Regulations

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Title V. Prohibited Acts and Penalties Section 42. Criminal Offenses

Chapter XI 1. Knowingly use a chemical substance or mixture


Prohibited Acts which is imported, manufactured, processed or
distributed in violation of these Rules and
Section 41. Administrative Violations. The following Regulations;
acts and omissions shall be considered as administrative
violations: 2. Failure or refusal to submit reports, notices or
other information, access to records as required
1. All acts and omissions mentioned under Section by Republic Act 6969 as permit inspection of
13 (a to c) of Republic Act 6969. establishment where chemicals are manufactured,
processed, stored or otherwise held;
2. Failure or refusal to subject for testing chemical
substances and mixtures that present 3. Failure or refusal to comply with the pre-
unreasonable risk or injury to health or to the manufacture and pre-importation requirements;
environment before said chemical substances and
mixtures are manufactured or imported for the first 4. Cause, aid or facilitate, directly or indirectly in the
time. storage, importation or bringing into Philippine
territory including its maritime economic zones,
3. Failure or refusal to subject for testing chemical even in transit, either by means of land, air or sea
substances and mixtures which are presently transportation or otherwise keeping in storage any
being manufactured or processed if there is a amount of hazardous and nuclear wastes in any
reason to believe that said chemical substances part of the Philippines.
and mixtures pose unreasonable risk or injury to
health and the environment.
Chapter XII
4. Refusing, obstructing or hampering the entry of Penalties
authorized representatives of the Secretary into
any establishment in which chemicals are Section 43. Administrative Violations and Fines. In
processed, manufactured, stored or held before or all cases of violations under Section 41 of these Rules and
after their commercial distribution during Regulations, the Secretary is hereby authorized to imposed
reasonable hours for the purpose of conducting an a fine of not less that Ten Thousand Pesos (PhP10,000.00)
inspection. but not more than Fifty Thousand Pesos (PhP50,000.00)
upon any person or entity found guilty thereof.
5. Failure or refusal to notify the Department with the
type and quantity of hazardous wastes generated Nothing in this provision shall however under
and to provide quarterly report of waste Section 14 of RA 6969 ban the institution of the proper
generation as provided for under Section 26 of criminal action against any person or entity found guilty
these Rules and Regulations. herein.

6. Failure or refusal to secure permit or authorization


from the Department prior to transport, storage, or Section 44. Criminal Offenses and Penalties
disposal of hazardous wastes as provided for in
Section 27, 28 and 30 of these Rules and
1. i. The penalty of imprisonment of six (6) months
Regulations.
and one day to six (6) years and one day and
a fine ranging from Six Hundred Pesos
7. Failure or refusal to secure approval from the
(PhP600.00) to Four Thousand Pesos
Department prior to conduct of any importation or
(PhP4,000.00) shall be imposed upon any
exportation of hazardous substances as provided
person who shall violate Section 42(1) of
for in Section 31 of these Rules and Regulations.
these Rules and Regulations. If the offender
is a foreigner, he or she shall be deported
8. Failure or refusal to provide proper labeling as
and banned from any subsequent entry into
provided for under Section 29 of these Rules and
the Philippines after serving his or her
Regulations regarding hazardous waste storage
sentence.
and labeling.
ii. In case any violation of these Rules and
9. Failure or refusal to comply with subpoena or
Regulations is committed by a partnership,
subpoena duces tecum issued by the Secretary or
corporation, association or any juridical
his duly authorized representative.
person, the partner, president, director or

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manager who shall consent to or knowingly facilities and appurtenances that may have been
tolerate such violation shall be directly liable used in transporting to or in the storage in the
and responsible for the act of the employees Philippines of any significant amount of hazardous
and shall be criminally liable as a co-principal; or nuclear wastes shall at the option of the
government be forfeited in its favor.
iii. In case the offender is a government official
or employee, he or she shall in addition to the
above penalties be deemed automatically Title VI. Final Provisions
dismissed from office and permanently
disqualified from holding any elective or Chapter XIII
appointive position;

2. i. The penalty of imprisonment of twelve (12) Section 45. Separability Clause. If any section or
years and one day to twenty (20) years shall provision of these Rules and Regulations is held or
be imposed upon any person who shall declared unconstitutional or invalid by a competent court,
violate Section 13(d) of R.A. 6969. If the the other sections or provisions hereof shall continue to be
offender is a foreigner, he or she shall be in force as if the sections or provisions so annulled or
deported and banned from any subsequent voided had never been incorporated herein.
entry into the Philippines after serving his or
her sentence. Section 46. Repealing Clause. All Rules and
Regulations or parts of said rules and regulations of
ii. In the case of corporations or other pertinent laws inconsistent with these Rules and
associations, the above penalty shall be Regulations are hereby revised, amended, modified and/or
imposed upon the managing partner, superseded as the case may be by these Rules and
president or chief executive in addition to an Regulations.
exemplary damage of at least Five Hundred
Thousand Pesos (PhP500,000.00). If it is a Section 47. Amendments. These Rules and
foreign firm, the director and all officers of Regulations may be amended and/or modified from time to
such foreign firm shall be banned from entry time by the Department of Environment and Natural
into the Philippines in addition to the Resources.
cancellation of its license to do business in
the Philippines. Section 48. Effectivity. These Rules and Regulations
shall take effect thirty (30) days after completion of
iii. In the case the offender is a government publication in the Official Gazette or in a newspaper of
official or employee, he or she shall in general circulation.
addition to the above penalties be deemed
automatically dismissed from office and
permanently disqualified from holding any
elective or appointive positions.
(Sgd.) FULGENCIO S. FACTORAN, JR.
3. Every penalty imposed for the unlawful
importation, entry, transport, manufacture, Secretary
processing, sale or distribution of chemical
substances or mixtures into or within the Department of Environment and
Philippines shall carry with it the confiscation and
forfeiture in favor of the Government of the Natural Resources
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 Note: Title III was revised through DENR Administrative
confiscated and forfeited by the Government at its Order No. 36, Series of 2004. For complete text, log on at
option shall be turned over to the Department of www.emb.gov.ph or visit the Environmental Management
Environment and Natural Resources for Bureau at DENR Compound, Visayas Avenue, Diliman,
safekeeping and proper disposal. Quezon City for a copy of the Procedural Manual for Title III
under that Administrative Order.
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

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c) To inform and educate the populace regarding the


hazards and risks attendant to the manufacture,
REPUBLIC ACT handling, storage, transportation, processing,
distribution, use and disposal of toxic chemicals
No. 6969 and other substances and mixtures; and

Subject: AN ACT TO CONTROL TOXIC d) To prevent the entry, even in transit, as well as the
SUBSTANCES AND HAZARDOUS keeping or storage and disposal of hazardous and
AND NUCLEAR WASTES, nuclear wastes into the country for whatever
PROVIDING PENALTIES FOR purpose.
VIOLATIONS THEREOF, AND FOR
OTHER PURPOSES Section 5. Definition. - As used in this Act:

a) Chemical substance means any organic or


inorganic substance of a particular molecular
Be it enacted by the Senate and House of Representatives identity, including:
of the Philippines in Congress assembled:
i) Any combination of such substances
Section 1. Short Title. - This Act shall be known as the occurring in whole or in part as a result of
"Toxic Substances and Hazardous and Nuclear Wastes chemical reaction or occurring in nature; and,
Control Act of 1990."
ii) Any element or uncombined chemical.
Section 2. Declaration of Policy. - It is the policy of
the State to regulate, restrict or prohibit the importation, b) Chemical mixture means any combination of two
manufacture, processing, sale, distribution, use and or more chemical substances if the combination
disposal of chemical substances and mixtures that present does not occur in nature and is not, in whole or in
unreasonable risk and/or injury to health or the part, the result of a chemical reaction, if none of
environment; to prohibit the entry, even in transit, of the chemical substances comprising the
hazardous and nuclear wastes and their disposal into the combination is a new chemical substance and if
Philippine territorial limits for whatever purpose; and to the combination could have been manufactured
provide advancement and facilitate research and studies for commercial purposes without a chemical
on toxic chemicals. reaction at the time the chemical substances
comprising the combination were combined. This
Section 3. Scope. - This Act shall cover the shall include nonbiodegradable mixtures.
importation, manufacture, processing, handling, storage,
transportation, sale, distribution, use and disposal of all c) Process means the preparation of a chemical
unregulated chemical substances and mixtures in the substance or mixture after its manufacture for
Philippines, including the entry even in transit, as well as commercial distribution:
the keeping or storage and disposal of hazardous and
nuclear wastes into the country for whatever purposes. i) In the same form or physical state or in a
different form or physical state from that
Section 4. Objectives. - The Objectives of this Act are: which it was received by the person so
preparing such substance or mixture; or,
a) To keep an inventory of chemicals that are
presently being imported, manufactured, or used; ii) As part of an article containing a chemical
indicating, among others, their existing and substance or mixture.
possible uses, test data, names of firms
manufacturing or using them, and such other d) Importation means the entry of a product or
information as may be considered relevant to the substance into the Philippines (through the
protection of health and the environment; seaports or airports of entry) after having been
properly cleared through or still remaining under
b) To monitor and regulate the importation, customs control, the product or substance of
manufacture, processing, handling, storage, which is intended for direct consumption,
transportation, sale, distribution, use and disposal merchandising, warehousing, for further
of chemical substances and mixtures that present processing.
unreasonable risk or injury to health or to the
environment in accordance with national policies e) Manufacture means the mechanical or chemical
and international commitments; transformation of substances into new products
whether work is performed by power-driven
machines or by hand, whether it is done in a

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factory or in the worker's home, and whether the to the environment to be tested before they are
products are sold at wholesale or retail. manufactured or imported for the first time;

f) Hazardous substances are substances which c) To require chemical substances and mixtures
present either: which are presently being manufactured or
processed to be tested if there is a reason to
i) short-term acute hazards such as acute believe that they pose unreasonable risk or injury
toxicity by ingestion, inhalation or skin to health and the environment;
absorption, corrosivity or other skin or eye
contact hazard or the risk of fire or explosion; d) To evaluate the characteristics of chemicals that
or, have been tested to determine their toxicity and
the extent to their effects on health and the
ii) long-term environmental hazards, including environment;
chronic toxicity upon repeated exposure,
carcinogenicity (which may in some cases e) To enter into contracts and make grants for
result from acute exposure but with a long research, development, and monitoring of
latent period), resistance to detoxification chemical substances and mixtures;
process such as biodegradation, the potential
to pollute underground or surface waters, or f) To conduct inspection of any establishment in
aesthetically objectionable properties such as which chemicals are manufactured, processed,
offensive odors. stored or held before or after their commercial
distribution and to make recommendations to the
g) Hazardous wastes are hereby defined as proper authorities concerned;
substances that are without any safe commercial,
industrial, agricultural or economic usage and are g) To confiscate or impound chemicals found not
shipped, transported or brought from the country falling within the standard set by the rules and
of origin for dumping or disposal into or in transit regulations and the said acts cannot be enjoined
through any part of the territory of the Philippines. except after the chemicals have been impounded;

Hazardous wastes shall also refer to by-products, h) To monitor and prevent the entry, even in transit,
side-products, process residues, spent reaction of hazardous and nuclear wastes and their
media, contaminated plant or equipment or other disposal into the country;
substances from manufacturing operations, and
as consumer discards of manufactured products. i) To subpoena witnesses and documents and to
require other information if necessary to carry out
h) Nuclear wastes are hazardous wastes made the provisions of this Act;
radioactive by exposure to the radiation incidental
to the production or utilization of nuclear fuels but j) To call on any department, bureau, office, agency,
do not include nuclear fuel, or radioisotopes which state university or college, and other
have reached the final stage of fabrication so as to instrumentalities of the Government for assistance
be usable for any scientific, medical, agricultural, in the form of personnel, facilities, and other
commercial, or industrial purpose. resources as the need arises in the discharge of
its functions;
Section 6. Functions, Powers and Responsibilities of
the Department of Environment and Natural Resources. k) To disseminate information and conduct
- The Department of Environment and Natural Resources educational awareness campaign on the effects of
shall be the implementing agency tasked with the following chemical substances, mixtures and wastes on
functions, powers, and responsibilities: health and environment; and,

a) To keep an updated, inventory of chemicals that l) To exercise such powers and perform such other
are presently being manufactured or used, functions as may be necessary to carry out its
indicating, among others, their existing and duties and responsibilities under this Act.
possible uses, quantity, test data, names of firms
manufacturing or using them, and such other Section 7. Inter-agency Technical Advisory Council. -
information as the Secretary may consider There is hereby created an Inter-agency Technical
relevant to the protection of health and the Advisory Council attached to the Department of
environment; Environment and Natural Resources which shall be
composed of the following officials or their duly authorized
b) To require chemical substances and mixtures that representatives:
present unreasonable risk or injury to health or

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Secretary of Environment and Natural Resources Section 8. Pre-Manufacturing and Pre-Importation


- Chairman Requirements. - Before any new chemical substances or
mixture can be manufactured, processed or imported for
Secretary of Health the first time as determined by the Department of
- Member Environment and Natural Resources, the manufacturer,
processor or importer shall submit the following information:
Director of the Philippine Nuclear Research the name of the chemical substances; its chemical identity
Institute and molecular structure; proposed categories of use; an
- Member estimate of the amount to be manufactured, processed or
imported; processing and disposal thereof; and any test
Secretary of Trade and Industry data related to health and environmental effects which the
- Member manufacturer, processor or importer has.

Secretary of Science and Technology Section 9. Chemicals Subject to Testing. - Testing


- Member shall be required in all cases where:

Secretary of National Defense a) There is a reason to believe that the chemical


- Member substance or mixture may present an
unreasonable risk to health or environmental
Secretary of Foreign Affairs exposure thereto;
- Member
b) There are insufficient data and experience for
Secretary of Labor and Employment determining or predicting the health and
- Member environmental effects of the chemical substance
or mixture; and,
Secretary of Finance
- Member c) The testing of the chemical substance or mixture
is necessary to develop such data.
Secretary of Agriculture
- Member The manufacturers, processors or importers shall
shoulder the costs of testing the chemical substance or
Representative from the non-governmental mixture that will be manufactured, processed or imported.
organization on health and safety
- Member Section 10. Action by the Secretary of Environment
and Natural Resources or his Duly Authorized
The representative from the non-governmental Representative. - The Secretary of Environment and
organization shall be appointed by the President for a term Natural Resources or his duly authorized representative
of three (3) years. The council shall have the following shall, within ninety (90) days from the date of filing of the
functions: notice of manufacture, processing or importation of a
chemical substance or mixture, decide whether or not to
a) To assist the Department of Environment and regulate or prohibit its importation, manufacture,
Natural Resources in the formulation of the processing, sale, distribution, use or disposal. The
pertinent rules and regulations for the effective Secretary may, for justifiable reasons, extend the ninety-
implementation of this Act; day pre-manufacture period within a reasonable time.

b) To assist the Department of Environment and Section 11. Chemical Substance Exempt from the Pre-
Natural Resources in the preparation and updating Manufacture Notification. - The manufacture of the
of the inventory of chemical substances and following chemical substances or mixtures shall be exempt
mixtures that fall within the coverage of this Act; from pre-manufacture notification:

c) To conduct preliminary evaluation of the a) Those included in the categories of chemical


characteristics of chemical substances and substances and mixtures already listed in the
mixtures to determine their toxicity and effects on inventory of existing chemicals;
health and the environment and make the
necessary recommendations to the Department of b) Those to be produced in small quantities solely for
Environment and Natural Resources; and, experimental or research and development
purposes;
d) To perform such other functions as the Secretary
of Environment and Natural Resources may from
time to time, require.

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c) Chemical substances and mixtures that will not Section 14. Criminal Offenses and Penalties. -
present an unreasonable risk to health and the
environment; and, a) (i) The penalty of imprisonment of six (6) months
and one day to six (6) years and one day and
d) Chemical substances and mixtures that exist a fine ranging from Six hundred pesos
temporarily and which have no human or (Php600.00) to Four thousand pesos
environmental exposure such as those which exist (PhP4,000.00) shall be imposed upon any
as a result of chemical reactions in the person who shall violate section 13(a) to (c) of
manufacture or processing of a mixture of another this Act and shall not be covered by the
chemical substance. Probation Law. If the offender is a foreigner,
he or she shall be deported and barred from
Section 12. Public Access to Records, Reports or any subsequent entry into the Philippines
Notification. - The public shall have access to records, after serving his or her sentence;
reports or information concerning chemical substances and
mixtures including safety data submitted, data on emission (ii) In case any violation of this Act is committed
or discharge into the environment, and such documents by a partnership, corporation, association or
shall be available for inspection or reproduction during any juridical person, the partner, president,
normal business hours except that the information or director or manager who shall consent to or
particular person thereof are confidential and may not be shall knowingly tolerate such violation shall
made public when such would divulge trade secrets, be directly liable and responsible for the act of
production or sales figures or methods, production or the employees and shall be criminally liable
processes unique to such manufacturer, processor, or as a co-principal;
distributor, or would otherwise tend to affect adversely the
competitive position of such manufacturer, processor or (iii) In case the offender is a government official
distributor. The Department of Environment and Natural or employee, he or she shall, in addition to
Resources, however, may release information subject to the above penalties, be deemed automatically
claim of confidentiality to a medical research or scientific dismissed from office and permanently
institution where the information is needed for the purpose disqualified from holding any elective or
of medical diagnosis or treatment of a person exposed to appointive position.
the chemical substance or mixture.
b) (i) The penalty of imprisonment of twelve (12)
Section 13. Prohibited Acts. - The following acts and years and one day to twenty (20) years, shall
omissions shall be considered unlawful: be imposed upon any person who shall
violate section 13 (d) of this Act. If the
a) Knowingly use of chemical substance or mixture offender is a foreigner, he or she shall be
which is imported, manufactured, processed or deported and barred from any subsequent
distributed in violation of this Act or implementing entry into the Philippines after serving his or
rules and regulations or orders; her sentence;

b) Failure or refusal to submit reports, notices or on (ii) In the case of corporations or other
the information, access to records as required by associations, the above penalty shall be
this Act, or permit inspection of establishment imposed upon the managing partner,
where chemicals are manufactured, processed, president or chief executive, in addition to an
stored or otherwise held; exemplary damage of at least Five hundred
thousand pesos (PhP500,000.00). If it is a
c) Failure or refusal to comply with the pre- foreign firm, the director and all officers of
manufacture and pre-importation requirements; such foreign firm shall be barred from entry
and, into the Philippines, in addition to the
cancellation of its license to do business in
d) Cause, aid or facilitate, directly or indirectly, in the the Philippines;
storage, importation or bringing into Philippine
territory, including its maritime economic zones, (iii) In case the offender is a government official
even in transit, either by means of land, air or sea or employee, he or she shall in addition to the
transportation or otherwise keeping in storage any above penalties be deemed automatically
amount of hazardous and nuclear wastes in any dismissed from office and permanently be
part of the Philippines. disqualified from holding any elective or
appointive position.

c) Every penalty imposed for the unlawful


importation, entry, transport, manufacture,

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processing, sale or distribution of chemical regulations which are inconsistent with this Act are hereby
substances or mixtures into or within the repealed or modified accordingly.
Philippines shall carry with it the confiscation and
forfeiture in favor of the Government of the Section 20. Effectivity. - This Act shall take effect
proceeds of the unlawful act and instruments, after fifteen (15) days following its publication in the Official
tools or other improvements including vehicles, Gazette or in any newspaper of general circulation.
sea vessels and aircraft used in or with which the
offense was committed. Chemical substances so
confiscated and forfeited by the Government at its Approved:
option shall be turned over to the Department of
Environment and Natural Resources for
safekeeping and proper disposal. (Sgd.) RAMON V. MITRA
Speaker of the House of Representatives
d) The person or firm responsible or connected with
the bringing or importation into the country of (Sgd.) JOVITO R. SALONGA
hazardous or nuclear wastes shall be under President of the Senate
obligation to transport or send back said
prohibited wastes;
This Act which is a consolidation of Senate Bill No.
Any and all means of transportation, including all 255 and House Bill No. 25194 was finally passed by both
facilities and appurtenances that may have been the Senate and the House of Representatives on
used in transporting to or in the storage in the September 6, 1990.
Philippines of any significant amount of hazardous
or nuclear wastes shall at the option of the
government be forfeited in its favor. (Sgd.) QUIRINO D. ABAD SANTOS, JR.
Secretary of the House of Representatives
Section 15. Administrative Fines. - In all cases of
violations of this Act, including violations of implementing (Sgd.) EDWIN P. ACOBA
rules and regulations which have been duly promulgated Secretary of Senate
and published in accordance with Section 16 of this Act,
the Secretary of Environment and Natural Resources is
hereby authorized to impose a fine of not less than Ten
thousand pesos (Php10,000.00), but not more than Fifty Approved: OCTOBER 26, 1990
thousand pesos (PhP50,000.00) upon any person or entity
found guilty thereof. The administrative fines imposed and
collected by the Department of Environment and Natural (Sgd.) CORAZON C. AQUINO
Resources shall accrue to a special fund to be President of the Philippines
administered by the Department exclusively for projects
and research activities relative to toxic substances and
mixtures.

Section 16. Promulgation of Rules and Regulations. -


Applicable provisions of Republic Act
The Department of Environment and Natural Resources, in No. 9275 (Philippine Clean Water Act of
coordination with the member agencies of the Inter-Agency 2004):
Technical Advisory Council, shall prepare and publish the
rules and regulations implementing this Act within six
months from the date of its effectivity.
CHAPTER 5
Section 17. Appropriation. - Such amount as may be
necessary to implement the provisions of this Act is hereby CIVIL LIABILITY/PENAL PROVISIONS
annually appropriated and included in the budget of the
Department of Environment and Natural Resources. SEC. 27. Prohibited Acts. - The following

Section 18. Separability Clause. - If any provision of acts are hereby prohibited:
this Act is declared void or unconstitutional, the remaining
provisions thereof not affected thereby shall remain in full
force and effect. f) Transport, dumping or discharge of
Section 19. Repealing Clause. - All laws, presidential prohibited chemicals, substances or
decrees, executive orders and issuances, and rules and

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Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

pollutants listed under Republic Act No. suspension of development or construction, or cessation of

6969; operations during the pendency of the case.

g) Operate facilities that discharge or Failure to undertake clean-up operations, willfully,

allow to seep, willfully or through gross or through gross negligence, shall be punished by

negligence, prohibited chemicals, substances imprisonment of not less than two (2) years and not more

or pollutants listed under R. A. No. 6969, into than four (4) years and a fine not less than Fifty thousand

water bodies or wherein the same shall be liable pesos (P50,000.00) and not more than One hundred

to be washed into such surface, ground, coastal, thousand pesos (P100,000.00) per day for each day of

and marine water; violation. Such failure or refusal which results in serious

injury or loss of life and/or irreversible water contamination

SEC. 28. Fines, Damages and Penalties. - of surface, ground, coastal and marine water shall be

Unless otherwise provided herein, any person who punished with imprisonment of not less than six (6) years

commits any of the prohibited acts provided in the and one (1) day and not more than twelve (12) years, and a

immediately preceding section or violates any of the fine of Five hundred thousand pesos (P500,000.00) per

provision of this Act or its implementing rules and day for each day during which the omission and/or

regulations, shall be fined by the Secretary, upon the contamination continues.

recommendation of the PAB in the amount of not less than In case of gross violation of this
Ten thousand pesos (P10,000.00) nor more than Two Act, the PAB shall issue a resolution
hundred thousand pesos (P200,000.00) for every day of recommending that the proper
violation. The fines herein prescribed shall be increased by government agencies file criminal
ten percent (10%) every two (2) years to compensate for charges against the violators. Gross
inflation and to maintain the deterrent function of such violation shall mean any of the following:
fines: Provided, That the Secretary, upon recommendation (a) deliberate discharge of toxic
of the PAB may order the closure, suspension of pollutants identified pursuant to Republic
development or construction, or cessation of operations or, Act No. 6969 in toxic amounts;
where appropriate disconnection of water supply, until such (b) five (5) or more violations within a period of

time that proper environmental safeguards are put in place two (2) years; or

and/or compliance with this Act or its rules and regulations (c) blatant disregard of the orders of the PAB,

are undertaken. This paragraph shall be without prejudice such as the non-payment of fines, breaking of seals or

to the issuance of an ex parte order for such closure, operating despite the existence of an order for closure,

discontinuance or cessation of operation.

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Guidance Document for the
Implementation of Chemical Control Order for
Polychlorinated Biphenyls (PCBs)

In which case, offenders shall be punished with a

fine of not less than Five hundred thousand pesos

(P500,000.00) but not more than Three million pesos

(P3,000,000.00) per day for each day of violation or

imprisonment of not less than six (6) years but not more

than ten (10) years, or both, at the discretion of the court. If

the offender is a juridical person, the president, manager

and the pollution control officer or the official in charge of

the operation shall suffer the penalty herein provided.

For more information, please contact:

The Chemicals Management Section


Environmental Quality Division

ENVIRONMENTAL MANAGEMENT BUREAU


Department of Environment and Natural Resources
DENR Compound, Diliman, Quezon City

Telefax No. (+632) 920-2263


www.emb.gov.ph/pops

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