FIFIT~ENTH CONGRESS OF TI-IE REPUBLIC 
) 
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1.l~!!1.-f (.10 r 
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OF THE PHILIPPINES 
) 
Second Regular Session 
) 
'11 
DEC 12 P 2 :')4 
, SENkO~7 
s.No . ..1 
Hf> ,,),' 
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Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 2, Section 16 provides: 
Section 16. The State shall protect and advance the right oJ'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 Ecgistry (I'PRTR). 
It aims to provide timely, relevant, and comprehensible data to the general public to support the 
idcnti[ication and assessment of possible risks to humans amI the environment by indicating 
sOlll'ees and amounts oC potentially harmCul releases and transCers to the environment and to 
minimiz.e their elTcets on the environment. This will prevent pollution and the release or 
pollutants 1'rom various sectors by encouraging the implementation of cleaner technologies and 
to help the private sector to comply with environmental rules and regulations. 
Tile bill shall also evaluate the progress of government environmental policies on 
jlollution control and prevention and to assess to what extent these national environmental goals 
can be acbieved. 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 
participate in environmental decision making. This bill is based on the work of Greenpcacc and 
Dean i\ntllilio La Vifia of the Ateneo School or Government. 


FIFTEEN'll I CONGRESS OF THE REPUBLIC 
) 
OF THE PI-llLlPP1NES 
) 
Second Regular Session 
) 
DEC 12 
sE~'ti"a7 
S. No . 
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Introduced by Senalor Miriam Defensor Santiago 
AN ACT INSTlTUTING A PI-IILlPP1NE 
POLLUTANT RELEASE AND TRANSFER REGISTRY 
Be it enacted by the Senate and House ()f Representatives of/he Philippines in Congress 
(/ssclllhled: 
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SECTION 1. Short Title. - This Act shall be known as the "Philippine Pollutant Release 
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and Transfer Registry Act." 
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SECTION 2. Declaration of Policy. -It is the policy of the State to protect ancl advance 
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the right of the people to a balanced and healthfnl ecology in accord with the rhythm and 
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hannoilY of nalllre, and to protect and pro111ole the people's right to health, and to attain and 
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maintain a balance between development and environmental protection. 
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l! is the policy or the State to maintain a quality of air that protects human health and 
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welfare. 
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]( is the policy of the State to pursue economic growth in a manner consistent with the 
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proleclion, preservation and revival of the quality of our fresh, brackish and marine waters. 
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]( is thc policy orthe State to regulate, restrict, or prohibit the importation, manulilcturc, 
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processing, sale and distribution, use and disposal of chemical substances and mixtures that 
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jJrCSCilt unreasonable risk and/or injury to health or the environmcnt. 
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It is the policy of the State to adopt a systematic, comprehensive and ecological solid 
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waste management program which shall ensure the protection of public health ancl the 
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environment. 
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It is the policy of the State to adopt and implement full public disclosure or all its 
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transactions involving public interest, and to promote a transparent, open and participatory 
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cnvironmentall1lanagement regime. 
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SeCTION 3. Applicable and Related Laws, Rules and Regulations -- The following laws 
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and their pertinent l'llles and regulations shall be applicable and taken into account in the 
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implementation oC the Philippine Pollutant Release and Transfer Registry (I'PRTR): 
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(a) 
Republic Act (RA) No. 6969 or the Toxic Substances and Hazardous and Nuclear 
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Waste Control Act oC 1990; 
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(b) 
RA No. 8749 or the Philippine Clean Air Act of 1999; 
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(e) 
RA No. 9275 or the Philippine Clean Water Act of2004; 
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Cd) 
RA No. 9003 or the Ecological Solid Waste Management Act 01'2000; 
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(e) 
All other environmental laws, rules, and regulations as may be relevant to the 
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implementation of the l'PRTR, including, but not limited to multilateral and bilateral health and 
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environmental agreements to which tbe Philippines is a party to. 
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SECTION 4. Scope and Coverage. ~ The PPRTR shall cover all forms of pollutants lind 
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hnzardolts anci (oxic chemicals, and all forms of emissions and discharges (0 the environment, 
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whether in the air, water, or soil by all facilities and industries operating in the Philippines, 
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subject to the guidelines and procedures of the PPRTR on the disclosure requirement f()j' 
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facilities and industries. 
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SECTION 5. De/jnllioll o/'Terl1is -- As used in this Act, the following terms shallmcan: 
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(a) 
Pollutant release and transfer registry (PRTR) ~ are catalogues or registries of 
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potentially harm CuI pollutant releases or transfers to the environment 1'1'0111 a variety of sources, 
including infonmltiol1 on the nature and quantity of such releases and transfers. It includes 
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information about releases or tnms[ers to air, water and soil as well as about wastes transported 
to trcalment and disposal sites. It is a means for obtaining regular, periodic information about 
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releases and/or transfers of chemical substances of interest and for making this information 
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accessible to those who may be interested andlor affected by it; it is a tool [or promoting cmcicnt 
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and efTcctivc policies for environmental protection and sllstainable development. 
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(b) 
Emission - emission of a substance to the environment whether in pure l(Jrm or 
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contained in other matter and whether in solid, liquid or gaseous form. It includes emissions 
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from landlllls, incinerators, waste management and other disposal fhcilities, concrete kilns, 
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sewerage systems, tailings dams, and other industrial tacilities. 
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(c) 
Air pollution -- any alteration of the physical, chemical and biological properties 
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ol'tllC atmospheric air, or any discharge thereto of any liquid, gaseous or solid substance that will 
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or is likely to create or to render the air resources of the country harmful, detrimental, or 
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injurious to public healLh, safety and welfare or which will adversely affect their utilization l()r 
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domestic, commercial or industrial, agricultural, recreational or other legitimate purposes. 
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(el) 
Water pollution -- any alteration of the physical, chemical, biological, radiological 
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properties or a body of water resulting in the impairment or its purity or quality, or is hazardous 
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or potentially hazurdous to health. 
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(e) 
Hazardous wastes - substances that arc without any safe commercial, industrial, 
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agricultural or economic usage and to by-products, side-products, process residues, spent 
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reaction, media, contaminated plant or equipment or other substances hom manufacturing 
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operations, and as consumcr discards from manufactured products. 
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(1) 
Hazardous substancesl chemicals - are substances which present either: I) short 
terlll acute hazards, such as acute toxicity by ingestion, inhalation or skin absorption, corrosivity 
or other skin or eye contact hazard or the risk of Jire or explosion; or 2) long term environmental 
h,v.ards, including chronic toxicity upon repeated exposure, carcinogenicity (which may in some 
cases result iI'om acute exposure but with a long latent period), resistance to detoxi ficatiol1 
process slich as biodegradation, the potential to pollute underground or surJace waters, or 
aesthetically objectionable properties such as offensive odors. It is a chemical tor which there is 
statistically significant evidence (based on at least one study conducted according to established 
scientific princi pies) that acute or chronic health effects may occur. 
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(g) 
Solid waste -
all discarded household, commercial waste, non-hazardous 
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institutional and industrial waste, street swcepings, construction debris, agricultural waste, and 
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other non-hazardous and non-hazardous/ non-toxic waste. 
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Green ehemistry - also known as sustainable chemistry, is the design of chcmical 
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products and processes that reduce or eliminate the usc of generation of hazardous substances. 
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(i) 
Clean production - is a preventive, integrated, continuous strategy for modifying 
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products, processes and serviccs, to enhance efficiency which improves environmental 
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pcr(l1rlmmCe and reduces costs. 
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SeCTION 6. Leadl implementing Agency. - The Environmental Management Beaurcu 
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(EMI3) shall be the lead/ implementing agency for the PPRTR. The EMB shall create a special 
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unit, the PPRTR 011ice (PPRTRO), whose sole function shall be to manage and administer the 
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PPRTR. 
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The PPRTRO shall be headed by an Executive Director and shall be assisted by 
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competent staiTto be determined based on the exigency oflhe circumstances. The PPRTRO shall 
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be created and established within one (1) month from the effectivity of this Order. 
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SECTION 7. Powers (lnd Func/ions of/he PPRTR Office. - The PPRTRO shall have the 
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following powers and Cunctions: 
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a) 
Conduct an assessment of existing infrastructure for the full implementation of 
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tbe PPRTR; 
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b) 
Conduct information and dissemination campaigns as regards the l'PRTR, Irom 
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inception to its implementation stages; 
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e) 
Collect, manage, sort and make available to the general public the data and 
iniormation collected in the system in an effective, ef1icient, accessible and timely manner; 
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d) 
Maintain a database of covered industries, facilities and establishments; 
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e) 
Issue reports and updates regarding the PPRTR for the general public; 
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1) 
Conduct research ,md studies on pollution control, prevention, and mitigation and 
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on green chemistry and clean production; 
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g) 
Coordinate with other government agencies and the private sector for the e1Tective 
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ami d'licicnt implementation ofthe PPRTR; 
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11) 
Conduct periodic assessments of the PPRTR system ami make recommendations 
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for the improvement of the same; 
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Pcrform such other powers and functions as may be designated by the Secretary 
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of Environment and Natural Resources. 
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SECTION 8. Implementing Rules and Regulations. -- The lRR for the PPRTR sllall be 
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isslled by the Secretary of Environment and Natural Resources within three (3) months hom the 
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date oC cf'iectivity 01' this Act. The IRR shall contain, but not be limited to the [0110 wing 
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inlorll1ation: 
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a) 
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c1assilication: 
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b) 
c) 
eI) 
c) 
List and schedule of covered substances, chemicals and pollutants, und their 
List of covered facilities, establishments and industries; 
Procedure anclmethod of obtaining, reporting, and disseminating information; 
Procedure for citing non-compliant ,md violating facilities; 
Guidelines to ensure accessible, timely, relevant and accessible public access to 
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inl'onnation on (he PPRTR, taking into account the right of businesses ancl industries to the 
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protection of trade secrets ancl other intellectual property ,mel related rights. 
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SECTION 9. Penalties. -- Businesses that fail to comply with the requirements of this Act 
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shall be fined an amount between FIFTY THOUSAND PESOS (1'50,000.00) and ONE 
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MILLlON PESOS (P I ,000,000.00) and their license to operate may also be revoked. 
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Sl"\CTlON 10. TI'C/nsiIOlY Provisions. -
Existing inventories, records and listings of 
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pollulanls, chemicals, nnd substances as provided for in other laws, rules and regulations, such as 
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but not limited to the Priority Chemicals List (peL) of the Department of Environment and 
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Nntural /,csourccs (DENR), shaH be taken into consideration in the formulalion of the list and 
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schedules or the PI'RTR. Data and information in existing inventories, records, and listings shall 
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be included in the initial list of the PPRTR, provided that all the chemicals in the PCL 01' tbc 
DENR shall be used as the initial list ofthc system. The consolidation shall be completed within 
three (3) months from the date of eCfectivity o[this Act. 
SECT I ON 11. FUi1ding -- Upon the etTectivity of this Act, the EMB shall allocate Crom 
tbeir existing I'unds such amounts as may be necessary for the additional funding requirements 
that may be needed by the PI'RTR, subject to the usual government accounting and auditing 
rules and regulations. Thereafter, (he amount of ONE MILUON PESOS (P J ,()()O,O()(),()()) shall 
be added to the annual budget of the EMB for the PPRTRO. 
SECTION 12. Separability Clause, - [f any provision, or part hereof is held invalid or 
ullconstitutional, the; remainder of the law or the provision not otherwise alleeted shall remain 
\'alid nnd subsisting. 
SECTION 13. Repealing Clause. - Any law, presidential decree or issuance, executive 
oreler, letter of instruction, administrative oreler, rule or regulation contrary to or inconsistent 
with, tile provisions oj'this Act is hereby repealed, mociiJJed, or amended accordingly. 
SECTION 14. E!!i:cliFily Clause. -- This Act shall take effect llflcen (15) clays after it;, 
publication in atienst two (2) newspapers of general circulation. 
Approved, 
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