THIRTEENTH CONGRESS OF TIpE 
) 
Second Regular Session 
) 
REPUBLIC OF THE PI-IILrPPINES 
) 
5 
AI& -3 Al 35 
6 
S E N A T E  
: &EfXWEBW:- 
21974 
S. B. NO. 
- 
~~ 
Introdwed by SENATOR EDGARDO J. ANGAIZA 
EXPLANATORY NOTE 
Mercury (Hd is a persistent, bio-accumulative toxin that poses significant risk 
to human health, wildlife and the environment. It is the only metal that remains 
liquid at room temperature. It is so dangerous that it just takes 1/70” of a teaspoon 
to contaminate a 10.11 hectare lake to the point where fishes in that lake are no 
longer safe for human consumption; Hg content in one fever thermometer alone is 
enough to contaminate more than 200 million gallons of water. 
At high levels, metallic mercury can cause serious damage to the nervous 
system in developing fetuses, even death, in exposed adults. Even at low levels, 
metallic mercury can cause health problems such as mild tremors, changes in vision, 
hearing, and personality, insomnia, weakness, difficulty with memory, headache, 
irritability, and nervousness. 
People throw away products containing mercury, unaware of its dangers. The 
United Nations Environment Program (UNEP’s) “Global Mercury Assessment” 
(2002) found that mercury is now all over the world at levels that adversely affect 
humans and wildlife. The problem has become global as regions with no significant 
mercury releases of their own, such as the arctic, are still affected due to 
transcontinental transport of mercury. Coal-fired power stations and waste 
incinerators now account for around 1,500 tons or 70 percent of new, quantified 
manmade mercury pollution, releasing an estimated 400-500 tons of mercury 
annually to the air, soil, and waterways. 
In the Philippines, there are two (2) main sources of Hg pollution, mined 
mercury deposits and use of mercury in gold extraction by the crude method of 
amalgamation. Exposure to mercury depends on its form, with mercury vapor and 
methyl mercury being the most likely forms since they are almost completely 
absorbed by the body. Manmade sources of mercury come in the form of airborne 
particles released when coal, oil or natural gas is burned as fuel, or waste containing 
mercury is burned. The airborne mercury can then fall to the ground through rain 
cdntaminating soil or bodies of water. Lakes and rivers can also be contaminated 
through industrial waste or municipal sewage. Once mercury enters water --- directly 
or through deposition in air -biological processes transform it into methyl mercury, 
a highly toxic form of mercury that bioaccumulates in fish. When a sirbstance 
bioacciimiilates, its concentration increases as it moves to the food chain. 
The UNEP report also shows levels in fish exceeding a risk-based threshold 
(based upon Japan’s and US. 
recommendations) in quite a few developing countries, 
including Cote d’Ivoire, Ghana, India, Mauritius, Philippines, Slovak Republic, and 
Thailand as well as Japan, Korea, and Sweden. 
1 


Despite the risks, mercury continues to be used in a variety of products and 
processes all over the world including small-scale mining of gold and silver; chlorine 
and caustic soda production; manometers for measurement and control; 
thermometers; electrical switches; fluorescent lamps; and dental amalgam fillings. 
I have proposed a three-pronged plan to address the global issue that is Hg 
pollution: switch of mercury-using products and processes to non-mercury 
alternatives as there are indeed, less hazardous alternatives for most mercury- 
containing items; control of mercury release; and mercury waste management. 
Considering the effects of mercury, it is high-time that “measures of vigilance” in the 
introduction of mercury to the environment as are put forth in this measure be 
undertaken, and to which I urge my esteemed colleagues in the House of the Senate 
to support. 
EDG 
Senator 
2 


.*it $76. 
jPVt€& OF fWE 5 @ 3 % E T m  * ‘  
TIfTRTEENT1-I CONGRESS OF THE 
1 
REPUBLIC OF THE PHILIPPINES 
) 
Second Regular Session 
) 
5 AN -3 All 3 5  
S E N A T E  
.’ 
%Z&WE& W : 
S. B. NO. 2074 
1 
Introdiiced by SENATOR EDGARDO J. ANGARA 
AN ACT PROVIDING MECHANISMS FOR THE REDUCTION OF THE 
DISPOSAL. THEREOF IN ORDER TO REDUCE THE INTRODUCTION OF 
MERCURY INTO THE ENVIRONMENT. 
DISTRIBUTION OF MERCURY-ADDED PRODUCTS AND ITS PROPER 
Be it enacted by the Senate and the House ofliepvesentatives in Congress assembled: 
. 
1 
2 
of.2005. I‘ 
3 
Section 1. Short Title. This Act shall be known as the “Mercury Reduction Act 
4 
5 
6 
7 
Section 2. Declaration ofpolicy. It is hereby declared the policy of the State to 
adopt and implement positive and effective measures to ensure the reduction of the 
distribution of products containing mercury and the proper disposal thereof to reduce 
the introduction of mercury into the environment. 
8 
9 
Section 3. Definitions. For the purposes of this Act, the terms below are 
10 
defined as follows: 
(A) ‘%fleeted sowceJ’ means any source that emits mercury, except electric utility 
ii 
generators; 
(B) 
‘(Department” means the Department of Environment and Natural Resources 
which is the government agency created pursuant to Executive Order No. 192; 
(C) “Department of Science and Technology (DOST)’J refers to the government 
agency created pursuant to Executive Order No. 128; 
@) “Mercury-added 
means a product, device, instrument, or piece of 
equipment into which elemental mercury or mercury compounds are 
3 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
intentionally added during its formulation or manufacture and in which tlre 
continued presence of mercury is desired to provide a specific characteristic or 
to perform a specific function; 
(E) “Mercury-containing material” means any material that contains mercury that 
was not intentionally added including, but not limited to, ash, sludge bottoms 
from manufacturing process, scrubber effluent, sewage sludge, cement kiln dust, 
and products made from mercury containing waste such as asphalt tiling, road 
asphalt, playground mats, or any other material containing mercury. Mercury- 
containing material does not include material used as fuels, specifically and 
without exception, coal, oil, gasoline, diesel, or natural gas; 
TPerson”means any entity including, but not limited to, people, businesses, or 
corporations; and 
(G) %“cyetavy” means the Secretaiy of the Department of Environment and 
Natural Resources. 
(F) 
Sectioii 4. Creation of an Environmental Advisory Council ON Mercury Pollution. 
(A) There is hereby created an Environmental. Advisory Council on Mercury 
Pollution, to consist of one member of the House of Representatives, appointed 
by the Speaker; one member of the Senate, appointed by the Senate President; the 
Secretary of the Department of Environment and Natural Resources; and the 
following persons, appointed by the President: one public health specialist; one 
toxicologist; one representative of an environmental group; one scientist who is 
knowledgeable on matters related to mercury contamination; one children’s 
advocate; and one consumer advocate. 
The advisory council shall advise the general assembly, thc executive and 
legislative branch and the general public on matters relating to the prevention and 
clean-up of mercury pollution and the reduction in human exposure to mercury. 
(B) The Advisory Council will report to the general assembly regarding: 
(1) The extent of mercury contamination in the soil, waters, and air of the 
Philippines; 
(2) The extent of any health risk from mercury contamination in the country, 
especially to pregnant women, children, and subsistence fishermen, and ways 
to reduce human exposnre to mercury; 
4 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
(3) Methods available for minimizing risk of further contamination or public 
health risk: 
(4) Coordination needed with other states to effectively address regional mercury 
issues and pollution; 
(5) Ways to eliminate non-essential uses of mercury in health care, government, 
consumer, and business operations; 
(6) The extent to which mercury-containing solid waste and medical waste is 
incinerated or autoclaved within the state or sent out of state for such 
purposes, and ways to reduce the disposal and incineration of mercury-added 
products. 
Section 5. Piiblic Editcation, Ififormation and Outreach. The DENR, in 
collaboration with the Department of Science and Technology (DOST), shall 
develop, design and disseminate to the public information about mercury-added 
products, the prohibition on disposal of mercury-added products, the need for source 
separation, and the collection programs available to product users. 
Section 6. Public Participation. The public has a fundamental right to 
participate in decisions which could affect their health, well-being, and the quality of 
their environment. To encourage public participation, and accountability to the 
public, the Secretary must keep a mercury disclosure mailing list of all parties 
interested in mercuty-added products and mercury-containing materials and notify 
them in a timely manner of any public hearings, final decisions on exemptions, the 
availability of monitoring and reporting data, and any other relevant information 
regarding this Act that the Secretary deems important or relevant. Any member of 
the public may request to be added to this list at any time. 
Section 7. Disclosure of Mercury Content. A manufacturer or wholesaler may 
not supply a mercury-added product for sale to the public without first notifying the 
Secretary in writing of the amount of mercury in the individual product, the total 
amount of mercury in all of the mercury-added products sold by the manufacturer 
each year, and the essential-use purpose that the mercury serves. The Secretary shall 
5 


1 
2 
3 
4 
5 
6 
7 
8 
9 
IO 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
send this notification letter to the mercury disclosure mailing list as established in 
Section 6 of this Act. 
Section 8. Control on the Sale of Elenrental Mercury. 
(A) Sale. A person may not sell mercury to another person without requiring the 
purchaser to sign a statement indicating that the purchaser: 
(1) Will use the mercury only for a medical, dental, instructional, research, or 
manufacturing purpose; 
(2) Understands that mercury is toxic, and will store and use it appropriately so 
that no person is exposed to the mercury unknowingly; and 
(3) Will not place, or allow anyone under the purchaser’s control to place, the 
mercury in the trash for disposal as solid waste or in a wastewater disposal 
system. 
(B) Use. A person who uses elemental mercury in any application may not place, or 
deliver the mercury to another person who places residues, particles, scrapings, or 
other materials that contain mercury in solid waste, medical waste, construction 
or demolition waste, or wastewater, except for traces of materials that may 
accidentally pass through a filtration system during a dental procedure. 
Section 9. Proper Labeling of Products Containing Mercury. A manufacturer or 
wholesaler may not sell and a retailer may not knowingly sell any products, devices, 
instruments, or equipment that contain mercury unless the item is labeled in a 
manner to clearly inform a purchaser or consumer that mercury is present in the item 
and that the item shall not be placed in solid waste, medical waste, hazardous waste, 
construction and demolition waste, or flushed down the drain until the mercury is 
femoved for reuse, recycling, or otherwise processing to ensure that it does not 
become part of solid waste, hazardous waste, or wastewater stream. 
Label placement shall be on both the product and the product packaging. The 
label should be clearly visible and be sufficiently durable to remain legible at the time 
of purchase. Primary responsibility for affixing labels required under this section 
shall be on the manufacturer, and not on the wholesaler or retailer. 
6 


1 
Section 10. Mercury-Added Prodrrcts Phase-Out. 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
(A) Manufacturers are no longer allowed to sell mercury-added products in the 
country within two (2) years from effectivity of this Act, unless they have applied 
for and been granted an exemption &om this section by the Secretary. 
In making the determination, the Secretary shall only grant such an exemption if: 
(1) The mercury-added products meet an essential-use requirement; 
(2) Finds that there are no comparable, feasible, reasonably-priced alternatives to 
mercury-added products available; and 
(3) Through verifiable documentation submitted by the manufacturer, assures 
that applicants have established take-back programs for all mercury-added 
products sold in the state that are available to all residents on a regular basis. 
(B) Exemptions may only be granted for up to two (2) years and may be renewed 
biannually. The renewal of each exemption shall follow the same process as the 
initial exemption. Each year the Secretary shall list all products that have been 
given exemptions and send this list to the mercury disclosure mailing list as 
established by Section 6 of this Act. 
(C) The decision to grant the exemption is discretionary and shall be subject to public 
review. 
Section 11. Ban on Mercriry-Containing Toys, Games, Cosmetics, and Apparel. 
A person may not sell for resale or at retail toys, games, cards, ornaments, and 
novelties that contains mercury, or cosmetics or an item of clothing or wearing an 
apparel that contains mercury. 
Section 12. Bat1 on Sale or Distribtitiou of Mercury Thermometers. A medical 
facility, including a hospital lab or health care provider, may not ever distribute 
thermometers containing mercury. Thermometers containing mercury shall be 
prohibited from sale one year after the effective date of this Act. 
29 
7 


I 
2 
3 
4 
5 
6 
for any reason. 
Section 13. Ban on Mercury in Sclrool Laboratories and Purchase of Mercury by 
Schools and Universities; Clean Out of Existing Mercury Stocks. Within one (I) year 
from the effectivity of this Act, elemental mercury and mercury compounds shall not 
be used in laboratory procedures that elementary, secondary, or college students 
perform and no elementary or secondary school or university shall purchase mercury 
7 
8 
9 
Within one (1) year from the effectivity of this Act, the Department shall 
develop a plan for cleaning out and responsibly disposing of existing stocks of 
elemental mercury in all schools and universities in the country. 
10 
11 
Section 14. Dental Ofice Requirements. 
12 
13 
(A) All dental offices shall be required to submit an annual amalgam mercury report 
describing quantities stored and recycled of two separate mercury sources: 
14 
(1) Dry sources (chairside traps, clean scrap, and elemental mercury); and 
15 
(2) Wet sources (amalgam sludge, and vacuum pump traps). 
16 
17 
18 
19 
20 
21 
22 
amalgams. 
Section 15. Nottjkation of Risk to Patients, Installation of Mercury Amalgam 
Dental Fillings in Pregnant Women (or Women of ChiIdbearing Age) and Children Under 
Ten (10) Years ofAge. After adoption of this Act, dentists shall be required to provide 
pregnant women (or women of childbearing age) and children under ten (10) years of 
age with information regarding the health risks of dental fillings containing mercury 
23 
24 
25 
26 
&ofessionally recognized restorative material. 
Nothing in this section shall be construed to deprive any dental patient of the 
right to choose or replace any professionally recognized restorative material or 
permit disciplinary action against a dentist solely for removing or replacing any 
27 
28 
29 
30 
Section 16. Health Care Provider Requirements Regarding Mercury-Containing 
Fixatives. All health care providers using mercury-containing futatives shall be 
required to capture for recycling all solutions that have come in contact with said 
8 


1 
2 
and formalin still residue. 
fEatives, including but not limited to all tissue rinse waters, tissue processor wastes, 
3 
4 
Section 17. Mercuty Disposal Prohibition. 
5 
6 
7 
8 
9 
(A) A person may not place any elemental mercury or mercury-containing products 
including, but not limited to, batteries, lamps, thermostats, thermometers, electric 
switches, Cantor tubes (separate or as part of a larger product), appliances, 
gauges, medical or scientific instruments or devices, or electric relays or any other 
electrical device &om which the mercury has not been removed for reuse or 
10 
recycling: 
11 
12 
demolition disposal; 
(1) In solid waste destined for landfill, waste incineration, or construction and 
13 
14 
demolition disposal; 
(2) In medical waste destined for landfill, waste incineration, or construction and 
15 
16 
17 
recovery; or 
(3) In hazardous waste destined for waste incineration or recycling in any device 
which heats the material, except for the purpose of retorting the mercury for 
18 
(4) In wastewater disposal systems, including individual home septic systems. 
19 
20 
2 I 
facilities. 
Such products can only be accepted at government-permitted or otherwise 
approved private hazardous waste facilities, recycling, or permitted hazardous waste 
22 
23 
24 
25 
26 
27 
Section 18. Mercury Source Separation. Every person who discards solid 
waste, medical waste, or wastewater within the country shall separate mercury- 
added products from wastewater, municipal and medical waste streams. Any 
contractor who replaces, removes, or transports mercury-added products shall assure 
the proper separation of any discarded mercury-added product. 
28 
29 
Section 19. Collection. Manufachlrers of mercury-added products shall: 
9 


7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
21 
28 
29 
(1) Develop a plan or system for the collection of mercury-added products from 
users and ensure its implementation; 
(2) Clearly inform each mercury-added product purchaser of the proper system 
for collection of the product and that disposal of the product in municipal or 
medical waste or wastewater is prohibited; and 
(3) Periodically report on the success of the collection system. 
A fee may not be assessed for use of the collection system. 
Section 20. Removal Fvorw Service; Pvoducts Containing Metwry. (A) When a 
mercury-added product is removed from service, the mercury in the item must be 
source-separated for reuse, recycling, or other processing to prevent its release into 
the environment. 
(B) A person who is in the business of replacing or repairing an item in households 
shall ensure that the mercury contained in an item that is replaced or repaired is 
reused or recycled or otherwise processed in compliance with section 19 of this 
Act either through personal action or delivery of the item to a manufacturers’ 
collection system established by section 19 ofthis Act. 
(C) A person may not crush a motor vehicle unless the person has first made a good 
faith effort to remove all of the mercury switches in the motor vehicle. 
(D) Appliance recyclers shall be required to receive training and remove mercury 
switches from appliances before any reclamation or disposal processes take place. 
Appliance recyclers shall be required to report or manifest annually all mercury 
items removed and submitted to manufacturers’ collection programs. 
(E) Building, electrical and maintenance contractors shall make a good faith effort to 
pull all mercury-containing items from buildings before demolition and shall be 
required to report and manifest annually all mercury items removed and 
submitted to manufacturers’ collection programs. 
,’ 
Section 21. Displncenient Relays. 
10 


1 
2 
3 
(A) Manufacturers of displacement relays containing mercuiy are responsible for the 
costs of collecting and managing their displacement relays to ensure that the 
relays do not become part of the solid waste stream. 
4 
5 
6 
7 
8 
9 
consumers of its relays. 
(B) A manufacturer of a displacement relay that contains mercury shall, in addition 
to the requirements of Section 19 of this Act, provide incentives for, and sufficient 
information to, purchasers and consumers of the relay to ensure that the relay 
does not become part of the waste stream. A manufacturer that has complied 
with this subdivision is not liable for improper disposal by purchasers or 
10 
(C) A manufacturer subject to this subdivision, or an organization of such 
11 
manufacturers and its officers, members, employees, and agents, may participate 
12 
in projects or programs to collect and properly manage waste displacement 
t3 
relays. Any person who participates in such a project or program is immune from 
14 
liability under Philippine laws relating to antitrust, restraint of trade, unfair trade 
15 
practices, and other regulation of trade or commerce for activities related to the 
16 
collection and management of the relays under this subdivision. 
17 
18 
19 
20 
(D) For purposes of this section, a “displacement relay” shall refer to an electrical 
flow control device having one or more poles that contain metallic mercury and a 
plunger which, when energized by a magnetic field, moves into a pool of 
mercury, displacing the mercury sufficiently to create a closed electrical circuit. 
21 
22 
Section 22. Recycling of Mercury-Added Lamps and Other Mercury-Added 
23 
Products. Notwithstanding any general or specific law to the contrary, the Secretary 
24 
shall be directed to comply with Philippine environmental laws and, in so doing, be 
25 
required to properly manage mercury-added lamps and other mercury-added 
26 
products. Recycling shall be utilized, whenever possible, as the preferred method of 
27 
disposal. 
28 ’ 
29 
Section 23. Mercury Emission Monitoring for Large Emitters. 
30 
31 
32 
(A) Wuste Incinerutors. This section requires mercury monitoring systems for mercury 
and quarterly reporting requirements to the Department of mercury emissions for 
all waste incinerators operating within the state. 
11 


1 
2 
(B) Non-Utility Generators. This section requires persons who emit nicrcury to monitor 
emissions and provide quarterly reports to the state. 
3 
4 
5 
(C) Electric Utility Generators. This section requires persons or uiilitics who generate or 
sell power in the state to monitor mercury emissions and provide quarterly 
reports to the state on the mercury emitted in generating tliat electricity. 
6 
7 
Section 24, Mercury Reduction Reqiiirettzetrt for Large fifiwiiry Emitters. 
8 
9 
10 
11 
12 
13 
14 
(A) Non-Utility Sources. This section applies to all mercury emitters of over 0.5 pounds 
annually except for electric utility generators. All affected sources shall reduce 
mercury releases by 50% within five (5) years from effectivity of this Act and have 
zero emissions within ten (10) years f?om effectivity of this Act, using the year in 
which this Act takes effect as the baseline. Within two (2) years fiom effectivity of 
this Act, the Department shall establish a metliodology for. determining the 
baseline annual mercury emissioiis limit for affected sources. 
15 
(B) Utility Sources. This section applies to all electric utility generators emitting more 
16 
than 0.5 pounds of mercury annually. All electric utility generators which burn 
17 
any amount of coal shall reduce mercury releases by 95% within ten (10) years 
18 
from effectivity of this Act, using the year in which this Act takes effect as the 
19 
baseline. Within two (2) years fiom effectivity of this Act, the baseline will be 
20 
calculated based on data gathered under the federal mercury monitoring 
21 
requirements imposed on utility generators. 
22 
23 
Section 25. Disposnl of Ash Coiituitriiig Mercury nnd Merciivy Cnptrrred Tliroirgh 
24 
Emission Controls. Any mercury captured or recovered through the use of an 
25 
emission control, coal cleaning, or another method and all ash generated fiom 
26 
,combustion shall be disposed of in a manner that ensnres that the hazards from 
27 
' mercury are not transferred from one environmental medium to another; and there is 
28 
no release of mercury into the environment. 
29 
30 
Section 26. Governtmtit Procirrettietzt of Non-Merctiry-Atlded Prodrtcts atid 
3 1 
Siibtirissiotr of Airtirial Report. 
12 


1 
(A) Government departments and agencies involved with procuring products shall 
2 
purchase non-mercury-added products whenever viable alternatives are 
3 
determined cost-effective and available. 
4 
(B) On an annual basis, said departments and agencies shall produce a report to the 
5 
Legislature on the categories and quantities of mercmy-added products 
6 
purchased in the prior year and outline the steps taken to investigate and 
7 
purchase non-mercury-added products. 
8 
9 
Section 27. Ittaplettientiiig Rides rind Regiilrrtiorts (IRRs). - Within six (6) 
10 
months from the effectivity of this Act, the DENR shall, promulgate the 
11 
Implementing Rules and Regulations. 
12 
13 
14 
15 
16 
17 
Section 28. Role of Local Govevnt>zent Ut&. Local government units (LGUs), 
together with the DENR and the Department of Health (DOH), shall conduct long 
term monitoring to gain a more comprehensive understanding of the sources, 
kinetics, environmental behavior and toxicity of Hg and its impact in the affected 
areas especially the high risk groups, Le., pregnant women and children. 
18 
LGus shall also conduct remediation / mitigation measures in the 
19 
environment to ensure that exposure limits to mercury will be kept at a minilnuin or 
20 
within permissible limits. 
21 
22 
23 
24 
25 
26 .: severable. 
Section 29. Severability Clrrnse. If any provision of this Act or the application 
thereof to any person or circumstance is held invalid, the invalidity shall not affect 
other provisions or applications of this Act which can be given effect without regard 
to the invalid provision or application, and to this end the provisions of this Act are 
27 
28 
29 
30 
newspapers of general circulation. 
Section 30. Effectivity Clause. This Act shall take effect fifteen (IS) days after 
its full and complete publication in the Official Gazctte or in at least two (2) 
13 


1 
2 
3 
4 
5 
6 
Approved, 
Section 31. Repealing Clause. - All laws, orders, doctrines, decrees, rules and 
regulations or parts thereof, inconsistent with any of the provisions of this Act are 
hereby repealed, amended or modified accordingly. 
14