SEVENTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES
First Regular Session
•16 
NOV 17 
A 8 :38
S E N A T E
S.B. No. 1243
Introduced by Senator Poe
AN ACT CREATING A PHILIPPINE 
POLLUTANT RELEASE AND TRANSFER REGISTRY
Explanatory Note
The 1987 Constitution provides the overarching framework for environmental 
policy in the Philippines. Section 16, Article 2 states: “The State shall protect and 
advance the right of the people to a balanced and healthful ecology in accord with the 
rhythm and harmony of nature.” Various statutes also embody the environmental policy 
of the country: the Philippine Environmental Policy (1997) (P.D. No. 1151), the 
Philippine Environment Code (1977) (P.D. No. 1152), the Philippine National Strategy 
for Sustainable Development (1989), and the National Action Plan for Sustainable 
Development (1996) (Philippine Agenda 21).
The Philippines is also signatory to a number of international treaties and 
agreements on environmental protection and regulation. This include the 1972 Stockholm 
Declaration; the 1992 Rio Declaration; the United Nations Framework Convention on 
Climate Change and the Kyoto Protocol; The Montreal Protocol on Substances that 
Deplete the Ozone Layer; The Stockholm Convention on Persistent Organic Pollutants; 
the Convention on Biological Diversity; and the Basel Convention on the Control of 
Transboundary Movements of Hazardous Wastes and their Disposal.
These various treaties and agreements are binding obligations on the country. It is 
therefore the legal duty of the Philippines to comply with its international obligations in 
order to protect and conserve the environment.
The global community has long recognized the significance of Pollution Release


and Transfer Registries as a tool for environmental regulation and management. It is 
developed in response to the increased chemicals and other wastes polluting our 
environment. It essentially provides publicly accessible data about quantities of releases 
or transfers of a set of potentially harmful substances, the origin of these releases and 
transfers and their geographic distribution on a timely, regular periodic basis. The overall 
goal is to augment government efforts to integrate environmental management and 
promote pollution prevention.
This bill thus seeks to establish a Philippine Pollutant Release and Transfer 
Registry (PPRTR). It aims to provide timely, relevant, and comprehensible data to the 
general public to support the identification and assessment of possible risks to humans 
and the environment by indicating sources and amounts of potentially harmful releases 
and transfers to the environment and to minimize their effects on the environment. This 
will prevent pollution and the release or pollutants from various sectors by encouraging 
the implementation of cleaner technologies and to help the private sector to comply with 
environmental rules and regulations.
This bill is based on the work of Greenpeace and Dean Antonio La Vina of the 
Ateneo School of Government.
In view of the foregoing, speedy approval of this bill is eagerly sought.


%
SEVENTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES
First Regular Session
4
^
 
S p ii;i I c 
•16 
NOV 17 
A 8 :3 8
SEN
S.B. No.
K
I
 
'  
.
Introduced by Senator Poe
AN ACT CREATING A PHILIPPINE 
POLLUTANT RELEASE AND TRANSFER REGISTRY
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Be it enacted by the Senate and the House of Representatives of the Republic of the 
Philippines in Congress assembled:
SECTION 1. Short Title. -  This Act shall be known as the "Philippine Pollutant 
Release and Transfer Registry Act."
SECTION 2. Declaration of Policy. -  It shall be the policy of the State to:
a) Protect and advance the right of the people to a balanced and healthful ecology in 
accord with the rhythm and harmony of nature, and to protect and promote the 
people's right to health, and to attain and maintain a balance between development 
and environmental protection;
b) Maintain a quality of air that protects human health and welfare;
c) Pursue economic growth in a manner consistent with the protection, preservation, 
and revival of the quality of our fresh, brackish and marine waters;
d) Regulate, restrict, or prohibit the importation, manufacture, processing, sale and 
distribution, use and disposal of chemical substances and mixtures that present 
unreasonable risk and/or injury to health or the environment;


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e) Adopt a systematic, comprehensive and ecological solid waste management 
program which shall ensure the protection of public health and the environment;
f) Adopt and implement full public disclosure of all its transactions involving public 
interest, and to promote a transparent, open, and participatory environmental 
management regime; and
g) Ensure that information on the health and safety of humans and the environment 
shall not be regarded as confidential, but shall protect trade secrets and other 
confidential information.
SECTION 3. Applicable and Related Laws, Rules, and Regulations. -  The following 
laws and their pertinent rules and regulations shall be applicable and taken into account in the 
implementation of the Philippine Pollutant Release and Transfer Registry (PPRTR);
a) 
Republic Act No. 6969 otherwise known as the Toxic Substances and Hazardous 
and Nuclear Waste Control Act of 1990;
b) 
Republic Act No. 8749 otherwise known as the Philippine Clean Air Act of 
1999;
c) 
Republic Act No. 9275 otherwise known as the Philippine Clean Water Act of 
2004;
d) 
Republic Act No. 9003 otherwise known as the Ecological Solid Waste 
Management Act of 2000; and
e) 
All other environmental laws, rules, and regulations as may be relevant to the 
implementation of the PPRTR, including, but not limited to multilateral and 
bilateral health and environmental agreements to which the Philippines is a party 
to;
SECTION 4. Scope and Coverage. -  The PPRTR shall cover all forms of pollutants 
and hazardous and toxic chemicals, and all forms of emissions and discharges in the
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environment, whether in the air, water, or soil by all facilities and industries operating in the 
Philippines, subject to the guidelines and procedures of the PPRTR on the disclosure 
requirement for facilities and industries.
SECTION 5. Objectives. -  The objectives of the PPRTR are:
1. To provide timely, relevant, accessible, and comprehensible data to the general 
public to support the identification and assessment of possible risks to humans and 
the environment by indicating sources and amounts of potentially harmful releases 
and transfers to the environment and to minimize its effects on the environment;
2. To simplify and rationalize information gathering about the emission and transfer 
of individual chemicals and wastes to different media, as well as the reporting 
requirements which the industry has to comply;
3. To prevent pollution and the release of pollutants from various sources by 
encouraging the implementation of cleaner technologies and to help the private 
sector comply with environmental rules and regulations;
4. To evaluate the progress of government environmental policies on pollution 
control and prevention and to assess to what extent national environmental goals 
can be achieved;
5. To increase the involvement of the private sector in pollution control and 
prevention, in research and development of clean production and green chemistry, 
and in environmental management to achieve sustainable development; and
6. To improve the quality of air, water, and land resources tlirough the use of data 
and information collected in the system.
SECTION 6. Definition of Terms. -  As used in this Act, the following terms shall
mean:


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a) 
'‘‘Pollutant release and transfer registry" (PRTR) - are catalogues or registries of 
potentially harmful pollutant releases or transfers to the environment from a variety of 
sources, including information on the nature and quantity of such releases and 
transfers. It includes information about releases or transfers to air, water and soil as 
well as about wastes transported to treatment and disposal sites. It is a means for 
obtaining regular, periodic information about releases and/or transfers of chemical 
substances of interest and for making this information accessible to those who may be 
interested and/or affected by it; it is a tool for promoting efficient and effective 
policies for environmental protection and sustainable development.
b) 
“Emission ” - emission of a substance to the environment whether in pure form or 
contained in other matter and whether in solid, liquid or gaseous form. It includes 
emissions from landfills, incinerators, waste management and other disposal facilities, 
concrete kilns, sewerage systems, tailings dams, and other industrial facilities.
c) 
“Air pollution" - any alteration of the physical, chemical and biological 
properties of the atmospheric air, or any discharge thereto of any liquid, gaseous or 
solid substance that will or is likely to create or to render the air resources of the 
country harmful, detrimental, or injurious to public health, safety and welfare or 
which will adversely affect their utilization for domestic, commercial or industrial, 
agricultural, recreational or other legitimate purposes.
d) 
“Water pollution" - any alteration of the physical, chemical, biological, 
radiological properties or a body of water resulting in the impairment or its purity or 
quality, or is hazardous or potentially hazardous to health.
e) 
“Hazardous wastes" - substances that arc without any safe commercial, 
industrial, agricultural or economic usage and by-products, side-products, process 
residues, spent reaction, media, contaminated plant or equipment or other substances 
from manufacturing operations, and as consumer discards from manufactured 
products.
f) 
“Hazardous substances/ chemicals" - are substances which present either: I) 
short term acute hazards, such as acute toxicity by ingestion, inhalation or skin
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absorption, corrosivity or other skin or eye contact hazard or the risk of fire or 
explosion; or 2) long term environmental hazards, including chronic toxicity upon 
repeated exposure, carcinogenicity (which may in some cases result from acute 
exposure but with a long latent period), resistance to detoxification process such as 
biodegradation, the potential to pollute underground or surface waters, or aesthetically 
objectionable properties such as offensive odors. It is a chemical for which there is 
statistically significant evidence (based on at least one study conducted according to 
established scientific principles) that acute or chronic health effects may occur.
g) 
"Solid waste" - all discarded household, commercial waste, non-hazardous 
institutional and industrial waste, street sweepings, construction debris, agricultural 
waste, and other non-hazardous and non-toxic waste.
h) 
"Green chemistry" - also known as sustainable chemistry, is the design of 
chemical products and processes that reduce or eliminate the use of generation of 
hazardous substances.
i) 
"Clean production" - is a preventive, integrated, continuous strategy for 
modifying products, processes, and services, to enhance efficiency which improves 
environmental performance and reduces costs.
SECTION 7. Lead Implementing Agency. -  The Environmental Management Bureau 
(EMB) shall be the lead/ implementing agency for the PPRTR. The EMB shall create a 
special unit, the PPRTR Office (PPRTRO), whose sole function shall implement the 
provisions of this Act.
The PPRTRO shall be headed by an Executive Director and shall be assisted by 
competent staff to be determined based on the exigency of the circumstances. The PPRTRO 
shall be created and established within three (3) months from the effectivity of this Act.
SECTION 8. Powers and Functions of the PPRTR Office. -  The PPRTRO shall have 
the following powers and functions;


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a) 
Conduct an assessment of existing infrastructure for the full implementation of 
the PPRTR;
b) 
Conduct information and dissemination campaigns as regards the PPRTR, from 
inception to its implementation stages;
c) 
Collect, manage, sort and make available to the general public the data and 
information collected in the system in an effective, efficient, accessible and timely 
manner;
d) 
Maintain a database of covered industries, facilities, and establishments;
e) 
Issue reports and updates regarding the PPRTR for the general public;
f) 
Conduct research and studies on pollution control, prevention, and mitigation 
and on green chemistry and clean production;
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Coordinate with other government agencies and the private sector for the 
effective and efficient implementation of the PPRTR;
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Issue guidelines for the implementation of the PPRTR;
i) 
Conduct 
periodic 
assessments 
of 
the 
PPRTR 
system 
and 
make 
recommendations for the improvement of the same; and
j) 
Perform such other powers and functions as may be designated by the Secretary 
of Environment and Natural Resources.
SECTION 9, Guidelines and Procedure Implementing the PPRTR. -  The guidelines 
and procedure implementing the PPRTR shall be issued by the Secretary of Environment and 
Natural Resources within six (6) months from the date of the effectivity of this Act.
A Technical Working Group (TWG) is hereby constituted to formulate the guidelines 
and procedure to establish the PPRTR. The TWG shall be supported by the PPRTRO. The 
necessary Special Orders (SO) shall be issued to constitute the TWG.


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The TWG shall be composed of at least seven (7) members representing various 
government agencies such as the Department of Health (DOH), Department of Labor and 
Employment (DOLE), Department of Trade and Industry (DTI), Department of 
Transportation and Communication (DOTC), Department of the Interior and Local 
Government (DILG), and Department of Agriculture (DA) among others, the private sector 
and industries, non-government and civil society organizations, local government units 
(LGUs), and the academe, who shall be designated and appointed by the Secretary of 
Environment and Natural Resources.
The Secretary shall ensure that sufficient environment and health experts, and 
frontline community members, are represented in the TWG.
SECTION 10. Contents of the Guidelines and Procedure Implementing the PPRTR. -  
The guidelines and procedure shall contain, but not be limited to the following information:
a) 
List and schedule of covered substances, chemicals and pollutants, and their 
classification;
b) 
List of covered facilities, establishments and industries;
c) 
Procedure and method of obtaining, reporting, and disseminating information;
d) 
Procedure for citing non-compliant and violating facilities; and
e) 
Guidelines to ensure accessible, timely, relevant and accessible public access to 
information on the PPRTR, taking into account the right of businesses and 
industries to the protection of trade secrets and other intellectual property and 
related rights.
The information indicated in this provision shall be modified accordingly in 
consonance with international developments and evolving practices related but not limited to 
pollution control, prevention and mitigation, green chemistry, and clean production, based on 
researches, studies, international laws, treaties and conventions, jurisprudence, and the like.


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SECTION 11. Pilot Test of the PPRTR. -  The Department of Environment and 
Natural Resources (DENR) and the EMB shall identify areas where the PPRTR shall first be 
implemented for the first reporting year. The areas shall be chosen on the basis of the 
availability of current pollution data and information, private sector cooperation and 
participation, and availability of needed infrastructure.
The pilot areas shall be as far as practicable in different regions and locations and 
which would be representative of the general conditions in the rest of the country.
The pilot test shall be conducted within three (3) months from compliance with 
Section 9 of this Act.
SECTION 12, Penalties. -  Businesses that fail to comply with the requirements of 
this Act shall suffer a fine of not less than FIFTY THOUSAND PESOS (P50,000.00) but not 
more than ONE MILLION PESOS (PI,000,000.00) and suspension of their license to operate 
for one (1) month for the first offence and and their license to operate may also be revoked.
SECTION 13. Transitory Provisions. -  Existing inventories, records and listings of 
pollutants, chemicals, and substances as provided for in other laws, rules and regulations, 
such as but not limited to the Priority Chemicals List (PCL) of the DENR, shall be taken into 
consideration in the formulation of the list and schedules or the PPRTR.
Data and infomiation in existing inventories, records, and listings shall be included in 
the initial list of the PPRTR, provided that all the chemicals in the PCL of the DENR shall be 
used as the initial list of the system. The consolidation shall be completed within one (1) year 
from the date of effectivity of this Act.
Monitoring, data collection and listing, and inventories, conducted and managed by 
other units and offices of the DENR and other relevant government agencies shall continue, 
subject to the guidelines and procedure as prescribed by Section 9 of this Act, on the 
mandatory sharing and forwarding of information to the PPRTR system.
SECTION 14. Funding. -  Upon the effectivity of this Act, the EMB shall allocate 
from their existing funds such amounts as may be necessary for the additional funding
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requirements that may be needed by the PPRTR, subject to the usual government accounting 
and auditing rules and regulations.
In the year following the effectivity of this Act and in subsequent years thereafter, the 
operational funds and expenses of the PPRTR shall be provided for in the annual budget of 
the DENR. Provided that, the Secretary of Environment and Natural Resources may allocate 
additional funding for the PPRTR as the circumstances and exigencies may require.
SECTION 15. Separability Clause. -  If any provision, or part hereof is held invalid 
or unconstitutional, the remainder of the law or the provision not otherwise affected shall 
remain valid and subsisting.
SECTION 16. Repealing Clause. -  Any law, presidential decree or issuance, 
executive order, letter of instruction, administrative order, rule or regulation contrary to or 
inconsistent with, the provisions of this Act is hereby repealed, modified, or amended 
accordingly.
SECTION 17. Effectivity Clause. -  This Act shall take effect fifteen (15) clays after 
its publication in at least two (2) newspapers of general circulation.
Approved,