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Republic of the Philippines ry
HOUSE OF REPRESENTATIVES We wy
Quezon City </NDEX.
EIGHTEENTH CONGRESS

First Regular Session

HOUSE BILL No. _1243

Introduced by HONORABLE LUIS RAYMUND F. VILLAFUERTE, JR.

EXPLANATORY NOTE

This bill seeks to institutionalize a national Pollutant Release and
Transfer Registry (PRTR), a tool used by governments to ensure that the
environment, natural resources, and people are safe from the harmful effects of
chemical pollutants released by industries and manufacturing plants to the air,
water and soil, as well as wastes transported to treatment and disposal sites.

A PRTR serves as a database or an inventory of potentially harmful
pollutants and substances released as an off-shoot of production. It enables the
government to monitor the effectivity of its environmental policies, and allows the
State to identify potential environmental issues, the areas that may be affected,
and the magnitude of the outcome in a cost-effective, timely and accurate
manner. Meanwhile, industries are mandated to report their releases and
transfers which should encourage a more efficient use of chemical substances,
better housekeeping measures, and self-policing schemes for more responsible

emissions. The general public may use PRTR system to aid in their
environmental decision-making,

Globally, there are treaties and agreements on environmental protection
bearing provisions on the registration and monitoring of chemical substances
released and/or transferred to the environment. Numerous Organization for
Economic Co-operation and Development (OECD) member countries have


already adapted the PRTR system, and customized the same based on their
needs,

conditions, environmental objectives and national priorities. In fact, Netherlands
started a voluntary emissions inventory way back in 1974, and is now
transitioning to mandatory reporting

To this day, the Philippines does not have its own PRTR database.
Recent disasters have reminded us yet again of the country's dire need to
closely scrutinize the presence and abundance of harmful chemical substances
in environment.

Twenty years ago, the Canadian Marcopper Mining Corporation's
drainage tunnels ruptured and spilled tons of mine waste which resulted to the
displacement of thousands of Marinduque residents, and the death of the Boac
River including all marine life therein. Later, it was discovered that Marcopper
had already been dumping mine tailings into bodies of water without
government intervention. Meanwhile in 2015, 74 factory workers were roasted
alive in the infamous Kentex fire after sparks from a welder’s tool touched the
nearby pile of combustible chemicals.

The bill seeks to prevent the occurrence of similar disasters in the future
by proposing the urgent adoption of a Philippine Pollutant Release and Transfer
Registry (PPRTR), as well as the creation of the PPRTR Office for the efficient
implementation of this Act. It is the duty of the State to protect the health and
safety of its citizens, and to preserve the environment. In pursuit of this end, the
swift approval of this bill is earnestly sought.

f)

LUIS RAYMI F. VILLAFUERTE, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS.
First Regular Session

HOUSE BILL NO. 1243

Introduced by HONORABLE LUIS RAYMUND F. VILLAFUERTE, JR.

AN ACT CREATING A PHILIPPINE POLLUTANT RELEASE AND
TRANSFER REGISTRY

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

SECTION 1. Short Title. — This Act shall be known as the "Philippine Pollutant
Release and Transfer Registry Act."

SECTION 2. Declaration of Policy. — 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;

¢) Pursue economic growth in a manner consistent with the protection,
preservation, and revival of the quality of our fresh, brackish and
marine waters;

d) 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;

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

f) Adopt and implement full public disclosure of all its transactions
involving public interest, and to promote a transparent, open, and
Participatory environmental management regime; and

g) Ensure that information on the health and safety of humans and the
environment shall not be regarded as confidential, but shall protect
trade secrets and other confidential information.

SECTION 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 No. 6969 otherwise known as the Toxic Substances and
Hazardous and Nuclear Waste Control Act of 1990;

b) Republic Act No. 8749 otherwise known as the Philippine Clean Air
Act of
1999;

c) Republic Act No. 9275 otherwise known as the Philippine Clean
Water Act of 2004;

d) Republic Act No. 9003 otherwise known as the Ecological Solid
Waste Management Act of 2000; and

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;

SECTION 4. Scope and Coverage. — The PPRTR shall cover all forms of
pollutants and hazardous and toxic chemicals, and all forms of emissions and
discharges in 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

SECTION 5. Objectives. - The objectives of the PPRTR are:

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- To provide timely, relevant, accessible, 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 minimize its effects on the environment;

To simplify and rationalize information gathering about the emission
and transfer of individual chemicals and wastes to different media, as
well as the reporting requirements which the industry has to comply;

To prevent pollution and the release of pollutants from various sources
by encouraging the implementation of cleaner technologies and to help
the private sector comply with environmental rules and regulations;

To evaluate the progress of government environmental policies on
Pollution control and prevention and to assess to what extent national
environmental goals can be achieved;

To increase the involvement of the private sector in pollution control
and prevention, in research and development of clean production and
green chemistry, and in environmental management to achieve
sustainable development; and

To improve the quality of air, water, and land resources through the
use of data and information collected in the system.


SECTION 6. Definition of Terms. — As used in this Act, the following terms shall
mean

a) "Pollutant release and transfer registry" (PRTR) - are 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. It includes information about
releases or transfers to air, water and soil as well as about wastes
transported to treatment and disposal sites. 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.

c) “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.

d) "Water pollution” - any alteration of the physical, chemical,
biological, radiological properties or a body of water resulting in the
impairment or its purity or quality, or is hazardous or potentially hazardous
to health.

e) "Hazardous wastes" - substances that arc without any safe
commercial, industrial, agricultural or economic usage and 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.

f) "Hazardous substances! chemicals" - are substances which
present either: |) short term acute hazards, such as acute toxicity by
ingestion, inhalation or skin absorption, corrosively 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 effects may occur.

8) "Solid waste" - all discarded household, commercial waste,
nonhazardous institutional and industrial waste, street sweepings,

construction debris, agricultural waste, and other non-hazardous and non-
toxic waste.

h) "Green chemistry" - also known as sustainable chemistry, is the
design of chemical products and processes that reduce or eliminate the
use of generation of hazardous substances.

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

SECTION 7. Lead Implementing Agency. — The Environmental 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 implement the provisions of this Act

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 shall be created and established within three (3)
months from the effectivity of this Act.


SECTION 8. Powers and Functions of the PPRTR Office. — The PPRTRO shall
have the following powers and functions:

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Conduct an assessment of existing infrastructure for the full
implementation of the PPRTR;

Conduct information and dissemination campaigns as regards the
PPRTR, from inception to its implementation stages;

Collect, manage, son and make available to the general public the
data and information collected in the system in an effective, efficient,
accessible and timely manner,

Maintain a database of covered industries, facilities, and
establishments;

Issue reports and updates regarding the PPRTR for the general public;

Conduct research and studies on pollution control, prevention, and
mitigation and on green chemistry and clean production;

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

Issue guidelines for the implementation of the PPRTR;

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

Perform such other powers and functions as may be designated by the
Secretary of Environment and Natural Resources.

SECTION 9. Guidelines and Procedure Implementing the PPRTR. — The
guidelines and procedure implementing the PPRTR shall be issued by the
Secretary of Environment and Natural Resources within six (6) months from the
date of the effectivity of this Act


A Technical Working Group (TWG) is hereby constituted to formulate the
guidelines and procedure to establish the PPRTR. The TWG shall be supported
by the PPRTRO. The necessary Special Orders (SO) shall be issued to
constitute the TWG.

The TWG shall be composed of at least seven (7) members representing
various government agencies such as the Department of Health (DOH),
Department of Labor and Employment (DOLE), Department of Trade and
Industry (DTI),

Department of Transportation and Communication (DOTC), Department of the
Interior and Local Government (DILG), and Department of Agriculture (DA)
among others, the private sector and industries, non-government and civil
society organizations, local government units (LGUs), and the academe, who

shall be designated and appointed by the Secretary of Environment and Natural
Resources.

The Secretary shall ensure that sufficient environment and health experts,
and frontline community members, are represented in the TWG.

SECTION 10. Contents of the Guidelines and Procedure Implementing the
PPRTR. — The guidelines and procedure 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;

¢) Procedure and method of obtaining, reporting, and disseminating
information;

d) Procedure for citing non-compliant and violating facilities; and

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

SECTION 11. Pilot Test of the PPRTR. — The Department of Environment and
Natural Resources (DENR) and the EMB shall identify areas where the PPRTR
shall first be implemented for the first reporting year. The areas shall be chosen
on the basis of the availability of current pollution data and information, private
sector cooperation and participation, and availability of needed infrastructure.

The pilot areas shall be as far as practicable in different regions and
locations and which would be representative of the general conditions in the rest
of the country.

The pilot test shall be conducted within three (3) months from compliance
with Section 9 of this Act.

SECTION 12. Penalties. — Businesses that fail to comply with the requirements
of this Act shall suffer a fine of not less than FIFTY THOUSAND PESOS
(P50,000.00) but not more than ONE MILLION PESOS (PI 000,000.00) and
suspension of their license to operate for one (1) month for the first offence and
their license to operate may also be revoked.

SECTION 13. 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
DENR, shall be taken into consideration in the formulation of the list and
schedules or 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 one (1) year from the date of effectivity of this Act.

Monitoring, data collection and listing, and inventories, conducted and
managed by other units and offices of the DENR and other relevant government
agencies shall continue, subject to the guidelines and procedure as prescribed
by Section 9 of this Act, on the mandatory sharing and forwarding of information
to the PPRTR system.


SECTION 14. 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.

In the year following the effectivity of this Act and in subsequent years
thereafter, the operational funds and expenses of the PPRTR shall be provided
for in the annual budget of the DENR. Provided that, the Secretary of
Environment and Natural Resources may allocate additional funding for the
PPRTR as the circumstances and exigencies may require.

SECTION 15. 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.

SECTION 16. 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.

SECTION 17. Effectivity Clause. — This Act shall take effect fifteen (15) clays
after its publication in at least two (2) newspapers of general circulation

Approved.