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THIRTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES ) 
Third Regular Session 
1 
S.B. No. 
Introduced by SENATOR LUlSA "LOI" P. EJERCITO ESTRADA 
EXPLANATORY NOTE 
The recent oil-spill crisis in Guimaras, as well as various incidents of 
hazardous waste contaminations, caused by improper mining operations and 
manufacturing processes certainly necessitate the creation of an agency or 
bureau that shall implement health-related programs of the government, that 
seek to protect the public from hazardous wastes and environmental spills of 
hazardous substances. 
Currently,. the government is unable to respond significantly to toxic 
emergencies and disasters because there are no concrete preventive program - 
which incidentally should be the proper approach if incidents of such nature and 
complex magnitude were to be avoided- 
critical response mechanism and 
coordinated, concerted and unified efforts from various interested sectors. 
Through the proposed agency or bureau, concerted initiatives to remove 
or clean u p abandoned and inactive hazardous waste sites and address toxic 
emergencies would now be easier to facilitate. 
In fact, the agency shall be charged with helping prevent or reduce further 
exposure and the illnesses that result from such exposures, and expand the 
knowledge base a bout health effects from exposure t o  hazardous substances. 
These shall be done through: a) health assessments and establishment and 
maintenance of toxicologic databases, information dissemination and medical 
education: b) determination of which substances should be regulated and the 
levels at which substances may pose a threat to human health; c) and provision 
of technical assistance both in hazardous waste prevention and toxic 
emergencies. 
The deleterious effects of hazardous wastes and other dangerous 
substances are serious and require tremendous attention from the government. 
The proposed measure. should therefore be prioritized and immediately enacted 
into law. 
cR;,P-$y$ L(kL 
LUlSA "LOI" 
EJERCITO ESTRADA 
'Senator 


THIRTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES ) 
Third Regular Session 
1 
Introduced by SENATOR LUlSA "LOI" P. EJERCITO ESTRADA 
~~ 
______ 
AN ACT 
ESTABLISHING A BUREAU ON HAZARDOUS WASTES AND 
ENVIRONMENTAL SPILLS AND DISEASE REGISTRY AND FOR OTHER 
PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Congress 
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 on 
the.health effects of toxic substances; 
(C) establish and maintain a complete listing of areas closed to the public 
or otherwise restricted in use because of toxic substance contamination; 
(D) in cases of public health emergencies caused or believed to be 
caused by exposure to toxic substances, provide medical care and testing to 
exposed i ndividuals, i ncluding but not I imited 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 services operated or provided by the Department of Health. 
SECTION 2. List of Hazardous Substances- (1) 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 profiles 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 t o  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; 


(iii) laboratory and other studies to determine the manner in 
which such substances are metabolized or to othetwise develop an 
understanding of the biokinetics of such substances; and 
(iv) where there is a possibility of obtaining human data, the 
collection of such information. 
(B) In assessing the need to perform laboratory and ofher studies, as 
required by subparagraph (A), the commissioner shall consider- 
(i) the availability and quality of existing test data concerning 
the substance on the suspected health effect in question; 
(ii) 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. 
SECTION 3. Health Assessment.- (A) The C ommissioner s hall 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. 
(D) 
Where a health assessment is done, the commissioner shall complete 
such assessment promptly and, to tbe maximum extent practicable, before the 
completion of the remedial investigation and feasibility study at the facility 
concerned. 
(E) 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 
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. 
(G) 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. 
(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 rjsk factors, other than a 
release, that may, in the judgment of 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- 
(1) 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- 
(1) health assessments and pilot health effects studies conducted; 
(2) epidemiologic studies conducted; 
(3) hazardous substances which have been listed, toxicological 
profiles which have been developed, and toxicologic testing which has 
been conducted or which is being conducted under this section; 
(4) registries established; and 


(5) 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 in'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) 
provision of alternative water supplies, and 
(2) 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 
(0) 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. 
(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 
(Q) If the commissioner determines that it is appropriate for purposes of 
this section to treat a pollutant or contaminant as a hazardous substance, such 
pollutant or contaminant shall be treated as a hazardous substance for such 
purpose. 
SECTION 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. 
SECTION 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 assistant secretary. 


SECTION 6. Powers of the Bureau. - The bureau shall have the 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; 
(b) To suspend, dismiss, or otherwise discipline for cause, any employee, and/or 
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 personal property; 
(f) To accept donations, gifts, bequests, and grants; 
(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; 
(h) To issue rules and regulations in pursuance of the provisions of this Act; and 
(i) To perform any and all other acts incident to or required by virtue of its 
creation. 
SECTION. 
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 appointed by the 
President of the Philippines for a term of three (3) years with reappointment for 


another term. He must not be more than forty-five (45) years 
.
.
 of age during his 
incumbency, and must possess executive and management experience of at 
least three (3) years. 
The staffing pattern and compensation schedule of the secretariat shall be 
'drawn up in accordance with existing laws, rules and regulations. 
SECTION 8. Duties and Responsibilities of the Secretariat. - The 
Secretariat shall be responsible for: 
(a) Ensuring an. effective and efficient performance of the functions of the 
Commission and prompt implementation of the programs; 
(b) Proposing specific allocation of resources for projects instated under 
approved programs; 
(c) Submitting periodic reports to, the bureau on the progress and 
accomplishment of programs and projects; 
(d) Preparing an annual report on all activities of the-bureau; 
(e) Providing and performing general administrative and technical staff support ; 
and 
(f) Performing such other functions as the bureau may deem necessary 
SECTION 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. 
SECTION I O .  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.