a

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

* RECED

SIXTEENTH CONGRESS
Second Regular Session

No, D192

House

INTRODUCED BY HON. MARCELINO “MARCY” R. TEODORO

EXPLANATORY NOTE

This bill seeks to create @ Philippine Pollutant Release and Transfer Registry (PPRTR) ~
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.

PPRTR 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 reduce their effects
‘on the environment. This will facilitate in minimizing pollution and the release of pollutants from various
sectors by encouraging the implementation of cleaner technologies and compliance to environmental rules
and regulations. More importantly, by keeping the public informed, the industries will be made
accountable and responsible for every action they take, Quoting noted political activist and philosopher
‘Thomas Paine ~ ‘“A body of men holding themselves accountable to nobody ought not to be trusted by
anybody.

‘This bill, taking into consideration the collaborated efforts of Greenpeace organization and Dean
Antonio La Vitia of the Ateneo School of Government, also seeks to evaluate the progress of government
environmental policies on pollution control and prevention and to assess the extent these national
environmental goals can be achieved. Moreover, by allowing the public access to data about the harmful
chemicals produced by different industries, they would be able to participate better in environmental
decision making

Itis the constitutional mandate of the State to protect the environment for the people. As provided
in Section 16 of Article 2 of the 1987 Constitution — 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,

In view of the foregoing, passage of this bill is eamestly sought,

hx “MARCY” R. TEODORO

Representative
1" District, City of Marikina


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
Second Regular Session

9
House Bill No. 5192

RODUCED BY HON. MARCELINO “MARCY” R. TEODORO

AN ACT INSTITUTING A PHILIPPINE
POLLUTANT RELEASE AND TRANSFER REGISTRY

Be it enacted by the Senate and 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.”

SEC. 2. Declaration of Policies, ~ 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;

(4) 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;

(c) Adopt a systematic, comprehensive and ecological solid waste management program
which shall ensure the protection of public health and the environment,

(£) Adopt and implement full public disclosure of all its transactions involving public
interest, and to promote a transparent, open and participatory environmental
management regime.


SEC, 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 (R.A.) 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 of 2004;
(a) R.A. No, 9003 or the Ecological Solid Waste Management Act of 2000,

(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.

SEC. 4, 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.

SEC. 5. Definition of Terms. ~ As used in this Act, the following terms shall mean:

(a) Pollutant release and transfer registry (PRTR) ~ 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; The information
shall include among others ~ (1) releases or transfers to air, water, and soil, as well as about
‘wastes transported to treatment and disposal sites; (2) financial costs resulting from the impact of
pollutants and polluting practices to public health and environment; and (3) financial costs to
industries should they shift to cleaner alternatives.

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

(©) 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.

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

(@) Hazardous wastes ~ substances that are 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.

(Hazardous substances/chemicals ~ are 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 effeots 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-hazardous/ non-toxic waste,

(h) Green chemistry ~ also known as sustainable chemistry, is the design of chemical
products and purposes that reduce or eliminate the use of generation of hazardous substances

(i) Clean product- is a preventive, integrated, continuous strategy for modifying
products, processes and services, to enhance efficiency which improves environmental
performance and reduces costs.

SEC. 6. Lead/ Implementing Agency. ~ The Environment 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 shail
be created and established within one (1) month from the effectivity of this Order.


SEC. 7. Powers and Functions of the PPRTR Office. - The PPTRO 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 campaign 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) In coordination with the Department of Education, provide a simplified version of the
information in PPRTR to elementary and high schools to raise environmental
awareness among students;

(e) Identify and maintain a database of covered industries, facilities and establishments;
(0) Issue reports and updates regarding the PPRTR for the general public;

(g) Conduct research and studies on pollution control, prevention, and mitigation and on
green chemistry and clean production and to keep the country up to speed with
developments and emerging trends related to such;

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

(i) Conduct periodic assessments of the PPRTR system and make recommendations for
the improvement of the same;

(j) Perform such other powers and functions as may be designated by the secretary of
Environment and Natural Resources; and

(k) Recommend to the President the best practices consistent with this Act to be feasibly
implemented by the National Government uniformly to the national, regional, local,
and field offices of its agencies and institutions.

SEC. 8. Implementing 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-complaint and violating facilities;

(c) Guidelines to ensure accessible, timely, relevant and accessible public access to
information on the PPRTR, taking into account the right of business 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, clean production, based from researches,
studies, international laws, treaties and conventions, jurisprudence, and the like.

SEC. 9. Penalties. —Businesses that fail to comply with the requirements of this Act shall be
fined an amount not less than FIFTY THOUSAND PESOS (P 50,000.00) but not more than
ONE MILLION PESOS (P 1,000,000.00) and/or have their licences to operate revoked, at the
discretion of the court.

SEC. 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
of 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.

SEC. 11. 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 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 ,000,000.00) shall be added to
the annual budget of the EMB for the PPRTRO.

SEC. 12. 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,

SEC. 13. 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.

SEC. 14, Effectivity Clause. ~ This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in at least two (2) newspapers of general circulation.

Approved,