RECEIVED
SEVENTEENTH CONGRESS OF THE REPUBLIC ) bare: 16 AUG 2018
OF THE PHILIPPINES: ) tue OSD Py
First Regular Session )

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REGISTRATION UNIT
SILLS AND INDEX SERVICE

HOUSE OF REPRESENTATIVES
H.BNo.

Introduced by Representative Harry L. Roque Jr.

AN ACT
INSTITUTING A PHILIPPINE POLLUTANT RELEASE
AND TRANSFER REGISTRY
EXPLANATORY NOTE

The Constitution, Article 2, Section 16 provides:

Section 16. 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.

This bill seeks to create 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 of
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 shall also evaluate the progress of government environmental policies on
pollution control and prevention and to assess to what extent these national environmental goals
can be achieved. This will make businesses more accountable for their pollution. The public will

gain access to data about the harmful chemicals produced by different industries to help them

HOUSEOF REPRESENTATIVES



participate in environmental decision making. This bill is based on the work of Greenpeace and

Dean Antonio La Vifia of the Ateneo School of Government.!

Any

HARRY L. ROQUE JR.

' This bill was originally filed in the Fifteenth Congress, Second Regular Session, and refiled by
Senator Miriam Defensor Santiago in the Sixteenth Congress, Third Regular Session.


SEVENTEENTH CONGRESS OF THE REPUBLIC)
OF THE PHILIPPINES. )
First Regular Session )

ees an BOLa ES

Introduced by Representative Harry L. Roque Jr.

AN ACT
INSTITUTING A PHILIPPINE POLLUTANT RELEASE
AND TRANSFER REGISTRY

Be it enacted by the Senate and the House of Representatives 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 is the policy of the State to 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.

It is the policy of the State to maintain a quality of air that protects human health and
welfare.

It is the policy of the State to pursue economic growth in a manner consistent with the
protection, preservation, and revival of the quality of our fresh, brackish and marine waters,

It is the policy of the State to 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.


It is the policy of the State to adopt a systematic, comprehensive and ecological solid
waste management program which shall ensure the protection of public health and the
environment.

It is the policy of the State to adopt and implement full public disclosure or all its
transactions involving public interest, and to promote a transparent, open and participatory
environmental management regime.

SECTION 3. Definition of Terms.— As used in this Act, the term:

(a) “Air pollution” refers to 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;

(b) “Clean production” refers to a preventive, integrated, continuous strategy for
modifying products, processes, and services, to enhance efficiency which improves
environmental performance and reduces costs.

(c) “Emission” refers to 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;

(d)“Green chemistry” also known as sustainable chemistry, refers to the design of
chemical products and processes that reduce or eliminate the use of generation of hazardous

substances;

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(ec) “Hazardous substances chemicals” refer to substances which present either:

1) short-term acute hazards, such as acute toxicity by ingestion, inhalation or skin
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;

(f) “Hazardous wastes” refer to substances that arc without any safe commercial,
industrial, agricultural or economic usage and to 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;

(g) “Pollutant release and transfer registry (PRTR)"refers to 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;


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(h) “Solid waste” refers to all discarded household, commercial waste, non-hazardous
institutional and industrial waste, street sweepings, construction debris, agricultural waste, and
other non-hazardous and non-hazardous/ non-toxic waste; and

(i) “Water pollution” refers to any alteration of the physical, chemical, biological,
radiological properties of a body of water resulting in the impairment or its purity or quality, or is
hazardous or potentially hazardous to health.

SECTION 4. 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 or the Toxic Substances and Hazardous and Nuclear Waste
Control Act of 1990;

(b) R.A. No. 8749 or the Philippine Clean Air Act of 1999;

(c) R.A. No. 9275 or the Philippine Clean Water Act of2004;

(d) R.A. No. 9003 or 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 5. Scope and Coverage. ~ The PPRTR shall cover all forms of pollutants and
hazardous and toxic chemicals, and all forms of emissions and discharges to the 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.


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SECTION 6. 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 be to manage and administer the
PPRTR.

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 one (1) month from the effectivity of this Act.

SECTION 7. Powers and Functions of the PPRTR Office. — The PPRTRO shall have the
following powers and functions:

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;

g) Coordinate with other government agencies and the private sector for the effective and
efficient implementation of the PPRTR;

h) Conduct periodic assessments of the PPRTR system and make recommendations for

the improvement of the same; and


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i) Perform such other powers and functions as may be designated by the Secretary of
Environment and Natural Resources.

SECTION 8. /mplementing Rules and Regulations. - The IRR for the PPRTR shall be
issued by the Secretary of Environment and Natural Resources within three (3) months from the
date of effectivity of this Act. The IRR 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;

¢) 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.

SECTION 9. Penalties. — Businesses that fail to comply with the requirements of this Act
shall be fined an amount between Fifty Thousand Pesos (P50,000) and One Million Pesos
(P1,000,000) and their license to operate may also be revoked.

SECTION 10. 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 Department of Environment and
Natural Resources (DENR), shall be taken into consideration in the formulation of the list and
schedules or the PPRTR. Data and information 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
three (3) months from the date of effectivity of this Act.

SECTION 11. /‘wnding— Upon the effectivity of this Act, the EMB shall allocate from
their existing funds such amounts as may be necessary for the additional funding requirements
that may be needed by the PPRTR, subject to the usual government accounting and auditing
rules and regulations. Thereafter, the amount of One Million Pesos (P1,000,000) shall be added
to the annual budget of the EMB for the PPRTRO.

SECTION 12. Separability Clause. — If any provision of this Act is held invalid or
unconstitutional, the same shall not affect the validity and effectivity of the other provisions
hereof.

SECTION 13. Repealing Clause. — All laws, decrees, orders, and issuances, or portions
thereof, which are inconsistent with the provisions of this Act, are hereby repealed, amended or

modified accordingly.

SECTION 14. Hffectivity Clause. ~ This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved,