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’ RECEIVED “2
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Republic of the Philippines 3
HOUSE OF REPRESENTATIVES \ Time :_ipe ae

‘Quezon City
Eighteenth Congress

First Regular Session

HOUSE BILL NO. S892

Introduced by: REP. Allan Benedict S. Reyes

EXPLANATORY NOTE

Pursuant to the declared 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," Republic Act No. 8749 or the Philippine Clean Air Act of 1999
(‘Clean Air Act’) was enacted. Under this Act, the State is mandated to “pursue a
policy of balancing development and environmental protection” 2 and adopt a
framework for sustainable development.

‘Section 20 of the Clean Air Act made an express prohibition on incineration
which is defined by the Act as “the burning of municipal, biomedical and hazardous
waste, which process emits poisonous and toxic fumes.” The Supreme Court,
however, clarified that this provision “does not absolutely prohibit incineration as a
mode of waste disposal; rather only those burning processes which emit poisonous
and toxic fumes are banned.”® Moreover, the prohibition does not apply to traditional
‘small-scale method of community/neighborhood sanitation “siga’, traditional,
agricultural, cultural, health, and food preparation and crematoria. The Clean Air Act
also provided that the then existing incinerators dealing with biomedical wastes shall
be out within three (3) years after the effectivity of the said law. In the interim, such
units were “limited to the burning of pathological and infectious wastes" and subject
to close monitoring by the Department of Environment and Natural Resources
(DENR’).‘ Furthermore, with due concer on the effects of climate change, the
Clean Air Act mandates the DENR to “promote the use of state-of-the-art,
environmentally-sound and safe non-bum technologies for the handling, treatment,
thermal destruction, utilization, and disposal of sorted, unrecycled, uncomposted,
biomedical and hazardous wastes."°

In 2001, the Philippines also enacted Republic Act 9003,° or the Ecological
Solid Waste Management Act of 2000 which aims to adopt a systematic,

7 Secon 16, Arce 21987 Contin.

+ Szaun An Act Providing fora Comprehensive Ac Pollon Control Poly and fo Other Purpose, 23
June 1999 hereinafter, “Clean Air Act”) at

>‘ Metopolian Mania Bevlopnent Autti v Jancom Environmental Corporation, GR. No. 47465, 30
January 2002.

5 ‘Section 20, Clean Air Act.

ia
‘Am Act Providing for an Ecological Solid Waste Management Program, Creating the Necessary

Institutional Mechanisms and Incentives, Declaring Certain Acts Prohibited and Providing Penalties,
1

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comprehensive and ecological solid waste management program for the country.
The said law ensures “the proper segregation, collection, transport, storage,
treatment and disposal of solid waste through the formulation and adoption of the
best environmental practice in ecological waste management excluding
incineration."? The Act also promoted resources recovery which refers to “the
collection, extraction or recovery of recyclable materials from the waste stream for
the purpose of recycling, generating energy or producing a product suitable for
beneficial use."* Such resource recovery facies, however, do not include
incineration.‘

Since the enactment of the Clean Air Act in 1999 and the Ecological Solid
Waste Management Act in 2001, a number of technological advances on waste
management and pollution control have already been made. Almost two decades
after the passage of the said laws, anti-pollution measures have drastically changed,
and altemative waste treatment technologies have already been discovered and
became viable. Moreover, landfills, particularly in Metro Manila, are already reaching
their maximum capacity and may no longer be able to accommodate the tons of
trash in the coming years.

Furthermore, the current pandemic compels the country to review its existing
waste management practices so as to strike a good balance between environment
protection and public health. Particularly because of COVID-19, the country is
‘experiencing an uptick of infectious medical waste nowadays. As defined under the
Clean Air Act, “medical waste” refers to “materials generated as a result of patient
diagnosis, treatment, or immunization of human beings or animals" while
“infectious waste” pertains to that “portion of medical waste that could transmit an
infectious disease."

In the United States, for instance, garbage contaminated with bodily fluids or
other infectious materials is becoming a bigger concern for hospitals as they brace
for a surge in patients sick with COVID-19." Specifically, patients and health care
workers are rapidly going through medical supplies and disposable personal
protective equipment, such as masks. Needless to say, all these used gear piles up
as medical waste that must be safely discarded.'>

The Philippines must therefore consider state-of-the-art and environment.
friendly incineration as a possible means to effectively manage solid waste in the
country. Such process may actually have particularly strong benefits for the
treatment of medical waste since most pathogens and toxins can be destroyed by

Appropriating Funds Therefor, and for Other Purposes, otherwise known as the “Ecological Solid Waste
‘Management Act of 2000”, 26 January 2001 {hereinafter, “Ecological Solid Waste Management Act”)
Section 2(4), Ecological Solid Waste Management Act.

Section 2(4) Id

7)

Section 5), Clean Air Act.
Section 5), Id
‘The  COVID.

1-19 pandemic is generating cons of medical ‘atte available at

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high temperatures. In fact, waste incineration is very popular in countries such as
Japan, Singapore and the Netherlands, where land is a scarce resource."* Also,
European countries rely heavily on incineration for handling municipal waste, in
particular Luxembourg, the Netherlands, Germany, and France."®

In sum, by lifting the ban on incineration, in so far as medical waste is
concemed, we are more able to protect the public against the spread of not just
COVID-19 but also other harmful and infectious diseases. At the same time, we are
able to help address the garbage problem in the country in the most environmentally
sound and safe manner.

In view of the foregoing, passage of this bill is earnestly sought.

JAZ
HON. a S. REYES aye’
Representative, 3° District, Quezon City

Recycling and incineration surprises. inthe ~—-Netherlind availible at
‘bmps//vunwsheffthestate com. /columns/spinifes/ecy cing ant insineranon-surpesesin-the.

sechslanl (ast accessed 29 May 2020).
1s Waste management in the EU: infographic with facts and figures available at
£ ssTOON s

‘managementinioeraphic-with-facs-anb figures (ast accessed 29 May 2020).
3

ean: tas.

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bit no. 6892

Introduced By Representative ALLAN BENEDICT S. REYES

EXPLANATORY NOTE

Pursuant to the declared 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,'
Republic Act No. 8749 or the Philippine Clean Air Act of 1999 (“Clean Air Act”) was enacted
Under this Act, the State is mandated to “pursue a policy of balancing development and
environmental protection’? and adopt a framework for sustainable development.

Section 20 of the Clean Air Act made an express prohibition on incineration which is
defined by the Act as “the burning of municipal, biomedical and hazardous waste, which
process emits poisonous and toxic fumes.” The Supreme Court, however, clarified that this
provision “does not absolutely prohibit incineration as a mode of waste disposal; rather only
those burning processes which emit poisonous and toxic fumes are banned.”* Moreover, the
prohibition does not apply to traditional small-scale method of community/neighborhood
sanitation “siga”, traditional, agricultural, cultural, health, and food preparation and
crematoria. The Clean Air Act also provided that the then existing incinerators dealing with
biomedical wastes shall be out within three (3) years after the effectivity of the said law. In
the interim, such units were “limited to the burning of pathological and infectious wastes” and
subject to close monitoring by the Department of Environment and Natural Resources
(‘DENR’).4 Furthermore, with due concern on the effects of climate change, the Clean Air Act
mandates the DENR to “promote the use of state-of-the-art, environmentally-sound and safe
non-burn technologies for the handling, treatment, thermal destruction, utilization, and
disposal of sorted, unrecycled, uncomposted, biomedical and hazardous wastes.”

In 2001, the Philippines also enacted Republic Act 9003,° or the Ecological Solid
Waste Management Act of 2000 which aims to adopt a systematic, comprehensive and

1 Section 16, Article 2, 1987 Constitution.

2 Section 3, An Act Providing for a Comprehensive Air Pollution Control Policy and for Other Purposes, 23 June 1999
hereinafter, “Clean Air Act”]

’ Metropolitan Manila Development Authority v. Jancom Environmental Corporation, G.R. No. 147465, 30 January

2002.
+ Section 20, Clean Air Act

: la

‘ ‘An Act Providing for an Ecological Solid Waste Management Program, Creating the Necessary Institutional

Mechanisms and Incentives, Declaring Certain Acts Prohibited and Providing Penalties, Appropriating Funds
‘Therefor, and for Other Purposes, otherwise known as the “Ecological Solid Waste Management Act of 2000”, 26
January 2001 {hereinafter, “Ecological Solid Waste Management Act”]

Page 1 of 5


ecological solid waste management program for the country. The said law ensures “the
proper segregation, collection, transport, storage, treatment and disposal of solid waste
through the formulation and adoption of the best environmental practice in ecological waste
management excluding incineration.’? The Act also promoted resources recovery which
refers to “the collection, extraction or recovery of recyclable materials from the waste stream
for the purpose of recycling, generating energy or producing a product suitable for beneficial
use.”® Such resource recovery facilities, however, do not include incineration.®

Since the enactment of the Clean Air Act in 1999 and the Ecological Solid Waste
Management Act in 2001, a number of technological advances on waste management and
pollution control have already been made. Almost two decades after the passage of the said
laws, anti-pollution measures have drastically changed, and alternative waste treatment
technologies have already been discovered and became viable. Moreover, landfills,
particularly in Metro Manila, are already reaching their maximum capacity and may no longer
be able to accommodate the tons of trash in the coming years.

Furthermore, the current pandemic compels the country to review its existing waste
management practices so as to strike a good balance between environment protection and
public health. Particularly because of COVID-19, the country is experiencing an uptick of
infectious medical waste nowadays. As defined under the Clean Air Act, “medical waste”
refers to “materials generated as a result of patient diagnosis, treatment, or immunization of
human beings or animals”"® while “infectious waste” pertains to that “portion of medical waste
that could transmit an infectious disease.”"'

In the United States, for instance, garbage contaminated with bodily fluids or other
infectious materials is becoming a bigger concern for hospitals as they brace for a surge in
patients sick with COVID-19.12 Specifically, patients and health care workers are rapidly
going through medical supplies and disposable personal protective equipment, such as
masks. Nescioss) to say, all these used gear piles up as medical waste that must be safely
discarded.

The Philippines must therefore consider state-of-the-art and environment-friendly
incineration as a possible means to effectively manage solid waste in the country. Such
process may actually have particularly strong benefits for the treatment of medical waste
since most pathogens and toxins can be destroyed by high temperatures. In fact, waste
incineration is very popular in countries such as Japan, Singapore and the Netherlands,
where land is a scarce resource. Also, European countries rely heavily on incineration for

Section 2d), Ecological Solid Waste Management Act.

s Section 2(d), Id.
Oped)

%© Section 5(), Clean Air Act.
Section 5(k)y Id

2 The COVID-419 pandemic is generating tons of /—_—medical waste. available at
https://sww.theverge.com/2020/3/26/211194647 /the-covid-19-pandemic-is-generating-tons-of-medical-waste (last
accessed 28 May 2020).

sd

Recycling and

hi

incineration surprises. in. «=the ~——Netherland = available at

(ast

accessed 29 May 2020).

Page 2 of 5


handling municipal waste, in particular Luxembourg, the Netherlands, Germany, and
France.'>

In sum, by lifting the ban on incineration, in so far as medical waste is concerned, we
are more able to protect the public against the spread of not just COVID-19 but also other
harmful and infectious diseases. At the same time, we are able to help address the garbage
problem in the country in the most environmentally sound and safe manner.

In view of the foregoing, passage of this bill is earnestly sought.

HON. ALLAN BENEDICT S. REYES
Representative
3" District, Quezon City

15 Waste management in the EU: —_infographic with facts and _— figures. available at

Page 3 of 5


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. _ 6892

Introduced By Representative ALLAN BENEDICT S. REYES

AN ACT ALLOWING INCINERATION OF MEDICAL WASTE
THEREBY AMENDING SECTION 20 OF REPUBLIC ACT NO. 8749 OTHERWISE
KNOWN AS THE PHILIPPINE CLEAN AIR ACT OF 1999 AND SECTION 2 OF
REPUBLIC ACT 9003 OTHERWISE KNOWN AS THE ECOLOGICAL SOLID WASTE
MANAGEMENT ACT OF 2000, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled

SECTION 1. Section 20 of Republic Act No. 8749, An Act Providing for a
Comprehensive Air Pollution Control Policy and for Other Purposes, otherwise known as
the “Philippine Clean Air Act of 1999” is hereby amended to read as follows:

“Section 20. Ban on Incineration. - Incineration, hereby defined as the
burning of municipal_biomedical-and-hazardous waste, which process
emits poisonous and toxic fumes is hereby prohibited; Provided,
however, That the prohibition shall not apply to MEDICAL WASTE
INCINERATION, traditional small-scale method of
community/neighborhood sanitation "siga", traditional, agricultural,
cultural, health, and food preparation and crematoria; PROVIDED
FURTHER, THAT BEST PRACTICES FOR MEDICAL WASTE
INCINERATION WHICH CAN LEAD TO SUBSTANTIAL
REDUCTIONS IN OR ELIMINATION OF THE FORMATION,
EMISSION AND EXPOSURE TO TOXIC SUBSTANCES MUST BE
Syme yG CasEraTn; Cgc Tye Ore Race

‘subject to close monitoring by the Department.

Local government units are hereby mandated to promote, encourage
and implement in their respective jurisdiction a comprehensive
ecological waste management that includes waste segregation,
recycling, and composting AND MEDICAL WASTE INCINERATION.

With due concern on the effects of climate change, the Department shall

1
2
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27 promote the use of state-of-the-art, environmentally-sound and
28

Page 4 of 5


safe ner-burA technologies for the handling, treatment, thermal
destruction, utilization, and disposal of sorted, unrecycled,
uncomposted, biomedical and hazardous wastes.”

SECTION 2. Section 2(d) and (dd) of Republic Act 9003, An Act Providing for an
Ecological Solid Waste Management Program, Creating the Necessary Institutional
Mechanisms and Incentives, Declaring Certain Acts Prohibited and Providing Penalties,
Appropriating Funds Therefor, and for Other Purposes, otherwise known as the
“Ecological Solid Waste Management Act of 2000” is hereby amended to read as follows:

“Section 2. Declaration of Policies - \t is hereby declared the policy of
the State to adopt a systematic, comprehensive and ecological solid
waste management program which shall:

(d) Ensure the proper segregation, collection, transport, storage,
treatment and disposal of solid waste through the formulation and
adoption of the best environmental practice in ecological waste
a si ec

(dd) Resources recovery shall refer to the collection, extraction or
recovery of recyclable materials from the waste stream for the purpose
of recycling, generating eneroy or producing a Pome suitable 0G
beneficial use ut
incineration,

SECTION 3. /mplementing Rules and Regulations and Standard Forms. - Within
sixty (60) days from the promulgation of this Act, the necessary rules and regulations for
the proper implementation of its provisions shall be formulated by the Department of
Environment and Natural Resources and other appropriate government office or agency
in coordination with all the stakeholders and covered establishments and institutions.

SECTION 4. Repealing Clause. - All laws, executive orders, administrative orders,
rules, regulations, decrees, and other issuances or parts thereof, which are inconsistent
with the provisions of this Act are hereby revoked, repealed, or modified accordingly.

SECTION 5. Separability Clause. - If any provision of this Act is held
unconstitutional or invalid, the other provisions not affected thereby shall continue in
operation and remain in full force and effect.

SECTION 6. Effectivity Clause. - This Act shall take effect fifteen (15) days after
its publication in a newspaper of general circulation or the Official Gazette.

Approved,

Page 5 of 5