FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
7 ,I/'- -:: 
First Regular Session 
1 
Senate Bill No. 
INTRODUCED BY SEN. JtNGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
The recent oil spill crisis in Guimaras, as well as various incidehts of 
hazardous waste contaminations caused by improper mining operations and 
manufacturing processes, certainly necessitate th@ creation Bf an agency or 
bureau that shall implement health-related programs of the government and 
protect the public from toxic wastes and spills of hazardous substances. 
Currently, the government is unabte to respond significantly to 
environmental emergencies and disasters because there are no concrete 
preventive programs - which incidentally, shout$ be the proper approach if 
incidents of such nature and complex magnitude are to be avoided - end criticat 
response mechanism that will coordinate the concerted and unified efforts of the 
various sectors. 
This bill proposes the creation of an agency that shall be charged with 
helping prevent or reduce exposure to toxic end hazardous substances. 
The deleterious effects of hazardous wastes and other dangerous 
substances are serious and require tremendous attention from the government. 
TniS proposed measure should therefore be prioritized and immediately enacted 
into law. 


FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
1 
First Regular Session 
) 
S E N A T E  
, 
Senate Bill No. 406 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
ESTABLISHING 
A 
BUREAU 
ON 
HAZARDOUS 
WASTES 
AND 
ENVIRONMENTAL SPILLS AND DISEASE REGISTRY AND FOR OTHER 
PURPOSES. 
Be if enacted by fhe Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Bureau on Hazardous Wastes and Environmental Spills of 
Hazardous Substances and Disease Registry. - There shall be established a 
Bureau on Hazardous Wastes and Environmental Spills and Disease Registry to 
be known as Hazardous Waste Bureau, which shall be placed within the 
Department of Health. The Commissioner of the Bureau (hereinafter referred to 
as "Commissioner"), in coordination with the Secretary of the Department of 
Environment and Natural Resources, the Commissioner of Bureau of Food and 
Drugs and heads of other appropriate agencies, as the case maybe, shall: 
A. 
establish and maintain a national registry of serious diseases and 
illnesses and a national registry of persons exposed to toxic substances; 
B. 
establish and maintain inventory of literature, research, and studies 
establish and maintain a complete listing of areas closed to the 
on the health effects of toxic substances; 
C. 
public or otherwise restricted in use because of toxic substance contamination; 
in cases of public health emergencies caused or believed to be 
caused by exposure to toxic substances, provide medical care and testing to 
exposed individuals, including but not limited to tissue sampling, chromosomal 
testing where appropriate, epidemiological studies, or any other assistance 
appropriate under the circumstances; and 
E. 
either independently or as part of other health status survey, 
conduct periodic survey and screening programs to determine relationships 
between exposure to toxic substances and illness. In cases of public health 
emergencies, exposed persons shall be eligible for admission to government 
hospitals and other facilities and service soperated or provided by the 
Department of Health. 
D. 


SEC 2. 
List of Hazardous Substances, - (I) The Commissioner, in 
coordination with appropriate agencies, shall prepare a list, in order of priority, of 
at least 100 hazardous substances which, in his discretion, are posing the most 
significant potential threat to human health due to their known or suspected 
toxicity to humans and the potential for human exposure to such substances. 
(2) Based on all available information, including information maintained 
under paragraph (1) and data developed and collected on the health effects of 
hazardous substances under this paragraph, the Commissioner shall prepare 
toxicological profiles of each of the substances listed. The toxicological profiles 
shall be prepared in accordance with guidelines developed by the Commissioner. 
Such profiles shall include, but not be limited to each of the following: 
A. 
An examination, summary, and interpretation of available 
toxicological information and epidemiologic evaluations on a 
hazardous substance in order to ascertain the levels of significant 
human exposure for the substance and the associated acute, sub- 
acute, and chronic health effects. 
B. 
A determination of whether adequate information on the 
health effects of each substance is available or in the process of 
development to determine levels of exposure which present a 
significant risk to human health of acute, sub-acute and chronic 
health effects. 
C. 
Where appropriate, an identification of toxicological testing 
needed to identify the types or levels of exposure that may present 
significant risk of adverse health effects in humans. 
(3) Any toxicological profile or revision thereof shall reflect the 
Commissioner's assessment of all relevant toxicological testing which has been 
peer reviewed. The profile required to be prepared under this paragraph for 
those hazardous substances listed shall be completed, at a rate of no fewer than 
25 per year, within 4 years after the enactment of this Act. 
(4) The Commissioner shall provide consultations upon request on health 
issues relating to exposure to hazardous or toxic substances, on the basis of 
available information, to appropriate heads of agencies and department. 
(5) 
A. 
For each hazardous substance listed, the Commissioner, in 
consultation with the Secretary of the Department of Health, the Secretary of the 
Department of Environment and Natural Resources and heads of other 
appropriate agencies, shall assess whether adequate information on the health 
effects of such substance is available. 
For any such substance for which 
adequate information is not available (or under development), the Commissioner 
shall assure the initiation of a program of research designed to determine the 
health effects (and techniques for development of methods to determine such 
health effects) of such substance. Where feasible, such program shall seek to 
develop methods to determine the health effects of such substance in 
combination with other substances with which it is commonly found. 
Such 
program shall include, to the extent necessary to supplement existing 
information, but shall not be limited to -- 
(i) 
laboratory and other studies to determine short, 
intermediate, and long-term health effects; 


(ii) 
laboratory and other studies to determine organ- 
specific, site-specific, and system-specific acute and chronic 
toxicity; 
laboratory and other studies to determine the manner 
in which such substances are metabolized or to otherwise develop 
an understanding of the biokinetics of such substances; and 
(iii) 
(iv) 
where there is a possibility of obtaining human data, 
the collection of such information. 
(6) In assessing the need to perform laboratory and other 
( i )  
the availability and quality of existing test data 
concerning the substance on the suspected health effect in 
question; 
(ii) 
studies, as required by subparagraph (A), the Commissioner shall consider -- 
the extent to which testing already in progress will, in 
a timely fashion, provide data that will be adequate to support the 
preparation of toxicological profiles as required by paragraph (3); 
and 
(iii) 
such other scientific and technical factors as the 
Commissioner may determine are necessary for the effective 
implementation of this subsection. 
SEC 3. 
Health Assessment. - (A) 
The Commissioner shall identify 
certain sites, facilities or business industries like factories and other 
manufacturing establishments, known or believed to harbor, use or contain 
hazardous substances and conduct health assessment for each facility which 
should be undertaken within one year from the enactment of this Act. 
(B) 
The Commissioner may perform health assessments for 
releases or facilities where individual persons or licensed physicians provide 
information that individuals have been exposed to a hazardous substance, for 
which the probable source of such exposure is a release. In addition to other 
methods (formal or informal) of providing such information, such individual 
persons or licensed physicians may submit a petition to the Commissioner 
providing such information and requesting a health assessment. 
(C) 
In determining the priority in which to conduct health 
assessments under this subsection, the Commissioner shall give priority to those 
facilities at which there is documented evidence of the release of hazardous 
substances, at which the potential risk to human health appears highest, and for 
which existing health assessment data are inadequate to assess the potential 
risk to human health. 
Where a health assessment is done, the Commissioner shall 
complete such assessment promptly and, to the maximum extent practicable, 
before the completion of the remedial investigation and feasibility study at the 
facility concerned. 
Any local government unit or political subdivision carrying 
out a health assessment for a facility shall report the results of the assessment to 
the Commissioner and shall include recommendations with respect to further 
(D) 
(E) 


activities which need to be carried out under this section. The Commissioner 
shall state such recommendation in any report on the results of any assessment 
carried out directly for such facility and shall issue periodic reports which include 
the results of all the assessments carried out under this subsection, 
(F) 
For the purposes of this section, the term "health 
assessments" shall include preliminary assessments of the potential risk to 
human health posed by individual sites and facilities, based on such factors as 
the nature and extent of contamination, the existence of potential pathways of 
human exposure (including ground or surface water contamination, air 
emissions, and food chain contamination), the size and potential susceptibility of 
the community within the likely pathways of exposure, the comparison of 
expected human exposure levels to the short-term and long-term health effects 
associated 
with 
identified 
hazardous substances 
and 
any 
available 
recommended exposure or tolerance limits for such hazardous substances, and 
the comparison of existing morbidity and mortality data on diseases that may be 
associated with the observed levels of exposure. The Commissioner shall use 
appropriate data, risk assessments, risk evaluations and available studies. 
The purpose of health assessments under this section shall 
be to assist in determining whether actions should be taken to reduce human 
exposure to hazardous substances from a facility and whether additional 
information on human exposure and associated health risks is needed and 
should be acquired by conducting epidemiological studies, establishing a 
registry, establishing a health surveillance program, or through other means. In 
using the results of health assessments for determining additional actions to be 
taken under this section, the Commissioner may consider additional information 
on the risks to the potentially affected population from all sources of such 
hazardous substances including known point or non-point sources other than 
those from the facility in question. 
(H) Whenever in the judgment of the Commissioner, it is 
appropriate on the basis of the results of a health assessment, the Commissioner 
shall conduct a pilot study of health effects for selected groups of exposed 
individuals in order to determine the desirability of conducting full scale 
epidemiological or other health studies of the entire exposed population. 
(G) 
(I) 
Whenever in the judgment of the Commissioner is 
appropriate on the basis of the results of such pilot study or other study or health 
assessment, the Commissioner shall conduct such full scale epidemiological or 
other health studies as may be necessary to determine the health effects on the 
population exposed to hazardous substances from a release or threatened 
release. If a significant excess of disease in a population is identified, the letter 
of transmittal of such study shall include an assessment of other risk factors, 
other than a release, that may, in the judgment gf the peer review group, be 
associated with such disease, if such risk factors were not taken into account in 
the design or conduct of the study. 
(J) 
In any case in which the results of a health assessment 
indicate a potential significant risk to human health, the Commissioner shall 
consider whether the establishment of a registry of exposed persons would 
contribute to accomplishing the purposes of this subsection, taking into account 
circumstances bearing on the usefulness of such a registry, including the 
seriousness or unique character of identified diseases or the likelihood of 
population migration from the affected area. 


(K) Where the Commissioner has determined that there is a 
significant increased risk of adverse health effects in humans from 
exposure to hazardous substances based on the results of a health 
assessment conducted, an epidemiologic study conducted, or an 
exposure registry that has been established, and the Commissioner has 
determined that such exposure is the result of a release from a facility, the 
Commissioner shall initiate a health surveillance program for such 
population. This program shall include but not be limited to -- 
(I) periodic 
medical testing where appropriate of 
population subgroups to screen for diseases for which the 
population or subgroup is at significant increased risk; and 
(2) 
a mechanism to refer for treatment those individuals 
within such population who are screened positive for such 
diseases. 
(L) 
Two years after the enactment of this Act, and every 2 years 
thereafter, the Commissioner shall prepare and submit to the Congress a 
report on the results of the activities of the Bureau regarding -- 
health assessments and pilot health effects studies 
conducted; 
epidemiologic studies conducted; 
hazardous substances which have been listed, 
toxicological profiles which have been developed, 
and toxicological testing which has been conducted or 
which is being conducted under this section; 
registries established; and 
an overall assessment, based on the results of 
activities conducted by the Commissioner, of the 
linkage between human exposure to individual or 
combinations of hazardous substances due to 
releases from facilities covered by this section and 
any increased incidence or prevalence of adverse 
health effects on humans. 
(M) If a health assessment or other study carried out under this 
subsection contains a finding that the exposure concerned presents a 
significant risk to human health, the President shall take such steps as 
may be necessary to reduce such exposure and eliminate or substantially 
mitigate the significant risk to human health. Such steps may include the 
use of any authority under this chapter, including, but not limited to -- 
(I) 
(2) 
provision of alternative water supplies, and 
permanent or temporary relocation of individuals. 
In any case in which information is insufficient, in the judgment of 
the Commissioner or the President to determine a significant human 
exposure level with respect to a hazardous substance, the President may 
take such steps as may be necessary to reduce the exposure of any 


person to such hazardous substance to such level as the President deems 
necessary to protect human health. 
(N) In' any case which is the subject of a petition, a health 
assessment or study, or a research program under this section, nothing in 
this section shall be construed to delay or otherwise affect or impair the 
authority of the President to exercise any authority vested in the President, 
under any other provision of law or the response and abatement 
authorities of this section. 
All studies and results of research conducted under this 
section (other than health assessments) shall be reported or adopted only 
after appropriate peer review. Such peer review shall be completed, to 
the maximum extent practicable, within a period of 60 days. Such peer 
review shall be conducted by panels consisting of no less than three nor 
more than seven members, who shall be disinterested scientific experts 
selected for such purpose by the Commissioner, as appropriate, on the 
basis of their reputation for scientific objectivity and the lack of institutional 
ties with any person involved in the conduct of the study or research under 
review. 
(0) 
(P) 
In the implementation of this Section, the Commissioner 
shall assemble, develop as necessary, and distribute and upon request to 
medical colleges, physicians, and other health professionals, appropriate 
educational materials (including short courses) on the medical 
surveillance, screening, and methods of diagnosis and treatment of injury 
or disease related to exposure to hazardous substances. 
If the Commissioner determines that it is appropriate for 
purposes of this Section to treat a pollutant or contaminant as hazardous 
substance, such pollutant or contaminant shall be treated as a hazardous 
substance for such purpose. 
(a) 
SEC. 4. Technical and Support Assistance. - In cases of disaster 
where hazardous substances caused by environmental spills or 
negligence, requiring immediate action and attention, the Commissioner 
shall coordinate with appropriate agencies in order for the Bureau to 
participate in rescue operations or disaster control management by 
sending experts who shall assist in determining the extent of damage and 
what must be done technically to abate any possible damage that the 
incident might further cause. 
SEC. 5. 
Composition. - The Bureau shall be headed by a 
Commissioner which shall have a term of four (4) years, and shall be 
constituted by the President of the Philippines from among the list of 
nominees submitted by environmental and health organizations. The 
Commissioner shall have the rank and privileges of an assistance 
secretary. 
following powers: 
(a) 
To appoint the officers and other personnel of the Bureau 
and fix their compensation, allowances and other emoluments, subject to 
the civil service and other existing applicable laws, rules and regulations; 
SEC. 6. 
Powers of the Bureau. - The Bureau shall have the 


(b) 
To suspend, dismiss, or otherwise discipline for cause, any 
employee, andlor to approve or disapprove the appointment, transfer or 
detail of employees subject to the provisions of existing laws and 
regulations; 
(c) 
To enter into contracts; 
(d) 
To acquire, use and control any land, building, facilities, 
equipment, instrument, tools and rights required or otherwise necessary 
for the accomplishment of the objectives of the Commission; 
(e) 
To acquire, own, possess and dispose of any real or 
(9 
(9) 
To ensure the implementation by various government 
departments and agencies of their youth developmental projects and 
activities as indicated in their respective annual budgets; 
personal property; 
To accept donations, gifts, bequests, and grants; 
(h) 
of this Act; and 
(i) 
To issue rules and regulations in pursuance of the provisions 
To perform any and all other acts incident to or required by 
virtue of its creation. 
SEC 7. The Secretariat and the Executive Director. - The Bureau shall 
organize a Secretariat to be headed by an executive director who shall serve as 
chief operating officer. The Executive Director shall be appointment by the 
President of the Philippines for a term of three (3) years with reappointment for 
another term. He must not be more than fofty-five (45) years of age during his 
incumbency, and must possess executive and management experience of at 
least three (3) years. 
be drawn up in accordance with existing laws, rules and regulations. 
The Staffing pattern and compensation schedule of the Secretariat shall 
SEC 8. Duties and Responsibilities of the Secretariat. - The Secretariat 
shall be responsible for: 
(a) 
the Commission and prompt implementation of the programs; 
(b) 
under approved programs; 
(c) 
accomplishment of programs and projects; 
(d) 
(e) 
support; and 
Ensuring an effective and efficient performance of the functions of 
Proposing specific allocation of resources for projects instated 
Submitting periodic reports to the Bureau on the progress and 
Preparing an annual report on all activities of the Bureau; 
Providing and performing general administrative and technical staff 


(9 
Performing such other functions as the Bureau may deem 
necessary. 
SEC 9. 
Repealing Clause. - All laws, decrees, issuances, rules and 
regulations or parts thereof inconsistent with the provisions of this Act are hereby 
repealed, amended or modified accordingly. 
SEC 8. Effectivity Clause. - This Act shall take effect fifteen (15) days 
following its publication in the Official Gazette or in at least two (2) newspapers of 
general circulation. 
Approved