RA 6969 and Hazardous Waste

Republic Act 6969: Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990

'Toxic' vs. 'Hazardous' Waste

• Hazardous Waste: According to the EPA, a waste is labeled 'Hazardous' if it meets one or more of four waste characteristics and does not already appear on a special Listed Wastes group:

  • Ignitability

  • Corrosivity

  • Reactivity

  • Toxicity

• Toxic Waste: According to the EPA's Dictionary, "A TOXIC WASTE is only waste that, when ingested or absorbed, is harmful or fatal to living organisms."

• Substances without safe commercial, industrial, agricultural, or economic usage that are shipped, transported, or brought from the country of origin for dumping or disposal in the Philippines are also considered toxic.

• This also refers to by-products, side-products, process residues, spent reaction media, contaminated plant or equipment, or other substances from manufacturing operations, and as consumer discards of manufactured products.

Characteristics of Hazardous Waste

• Examples include flammable materials, corrosive substances, reactive materials, and toxic substances like fertilizer, gasoline, motor oil, drain cleaner, bug spray, and paint.

Types of Hazardous Waste

• Listed Wastes

• Characteristic Wastes

• Mixed Waste

• Universal Wastes

Listed Wastes

• The US EPA has determined specific wastes as hazardous and publishes lists classifying them.

  • F-List

  • K-List

  • P and U-List

F-List (Non-Specific Source Wastes)

• Identifies wastes from common manufacturing and industrial processes, such as solvents used in cleaning or degreasing operations.

• Known as wastes from non-specific sources.

K-List (Source Specific Wastes)

• Includes certain wastes from specific industries, such as petroleum refining or pesticide manufacturing.

• Examples include certain sludges and wastewaters from treatment and production processes in these industries.

P- and U-List (Discarded Commercial Chemical Products)

• P-list contains about 239 acutely toxic substances with 135 waste codes.

  • Examples: arsenic, arsenic trioxide, chloropropionitrile, cyanide salts, and epinephrine.

• U-List wastes are ALL TOXIC.

Subpart D-List

• Wastes that have not been specifically listed may still be considered a hazardous waste if it exhibits one of the four characteristics:

  • Toxic

  • Corrosive

  • Ignitable

  • Reactive (Explosive)

Ignitability

• Ignitable wastes can create fires under certain conditions, are spontaneously combustible, or have a flash point less than 60 °C (140 °F).

• Examples include waste oils and used solvents.

• Test Methods:

  1. Pensky-Martens Closed-Cup Method for Determining Ignitability

  2. Setaflash Closed-Cup Method for Determining Ignitability

  3. Ignitability of Solids

Corrosivity

• Corrosive wastes are acids or bases (pH less than or equal to 2, or greater than or equal to 12.5) that are capable of corroding metal containers, such as storage tanks, drums, and barrels.

• Example: Battery acid.

• Test Method: Corrosivity Towards Steel

Reactivity

• Reactive wastes are unstable under "normal" conditions. They can cause explosions, toxic fumes, gases, or vapors when heated, compressed, or mixed with water.

• Examples include lithium-sulfur batteries and explosives.

• There are currently no test methods available.

Toxicity

• Toxic wastes are harmful or fatal when ingested or absorbed (e.g., containing mercury, lead, etc.).

• When toxic wastes are land disposed, contaminated liquid may leach from the waste and pollute groundwater.

• Toxicity is defined through a laboratory procedure called the Toxicity Characteristic Leaching Procedure (TCLP).

• The TCLP helps identify wastes likely to leach concentrations of contaminants that may be harmful to human health or the environment.

Mixed Waste

• Mixed waste contains both radioactive and hazardous waste components, making treatment and regulation complex.

• Regulated by the Resource Conservation and Recovery Act (RCRA) and the Atomic Energy Act (AEA).

• The U.S. DOE produces three types of MIXED WASTE:

  • Low-level mixed waste (LLMW)

    • Results from research, development, and production of nuclear weapons.

    • An estimated 226,000 cubic meters (m^3) of DOE LLMW will require management over the next 20 years.

  • High-Level Mixed Waste (HLW)

    • Results from reprocessing spent nuclear fuel and irradiated targets from reactors.

    • Often contain highly corrosive components, organics, or heavy metals that are regulated under RCRA.

  • Mixed Transuranic Waste (MTRU)

    • Contains radioactive elements heavier than uranium and a hazardous waste component.

    • Primarily generated from nuclear weapons fabrication, plutonium-bearing reactor fuel fabrication, and spent fuel reprocessing.

Universal Wastes

• EPA's universal waste regulations streamline hazardous waste management standards for federally designated "universal wastes," which include batteries, pesticides, mercury-containing equipment, and bulbs (lamps).

• Also known as commonly-generated wastes; dangerous goods.

• There are 9 classifications:

  • Class 1: Explosives

  • Class 2: Gases

  • Class 3: Flammable Liquids

  • Class 4: Flammable Solids or Substances

  • Class 5: Oxidizing Substances and Organic Peroxides

  • Class 6: Toxic and Infectious Substances

  • Class 7: Radioactive

  • Class 8: Corrosive Substances

  • Class 9: Miscellaneous Dangerous Substances and Articles

Republic Act 6969: Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990

• DENR Administrative Order (DAO) 92-29 (Implementing Rules and Regulations of RA 6969)

• Enacted by the Senate and House of Representatives of the Philippines in Congress

• Approved: October 26, 1990

• Corazon C. Aquino - President of the Philippines

Section 2 - Declaration of Policy

• It is the policy of the State:

  • To regulate, restrict, or prohibit the importation, manufacture, processing, sale, distribution, use, and disposal of chemical substances and mixtures that present unreasonable risk and/or injury to health or the environment.

  • To prohibit the entry, even in transit, of hazardous and nuclear wastes and their disposal into the Philippine territorial limits for whatever purpose.

  • To provide advancement and facilitate research and studies on toxic chemicals.

Section 3

• This Act shall cover the importation, manufacture, processing, handling, storage, transportation, sale, distribution, use, and disposal of all unregulated chemical substances and mixtures in the Philippines, including the entry, even in transit, as well as the keeping or storage and disposal of hazardous and nuclear wastes into the country for whatever purpose.

Section 4 - Objectives

• Objectives:

  • a. To keep an inventory of chemicals that are presently being imported, manufactured, or used (existing and possible uses, test data, names of firms manufacturing or using them, others).

  • b. To monitor and regulate the importation, manufacture, processing, handling, storage, transportation, sale, distribution, use, and disposal of chemical substances and mixtures that present unreasonable risk or injury to health or to the environment in accordance with national policies and international commitments.

  • c. To inform and educate the populace regarding the hazards and risks attendant to the manufacture, handling, storage, transportation, processing, distribution, use, and disposal of toxic chemicals and other substances and mixtures.

  • d. To prevent the entry, even in transit, as well as the keeping or storage and disposal of hazardous and nuclear wastes into the country for whatever purpose.

Section 5 - Definition

• CHEMICAL SUBSTANCE - Any organic or inorganic substance of a particular molecular identity, including:

  • Any combination of such substances occurring in whole or in part as a result of chemical reaction or occurring in nature; and

  • Any element or uncombined chemical

• CHEMICAL MIXTURE - Any combination of two or more chemical substances. Shall include non-biodegradable mixtures.

• PROCESS - The preparation of a chemical substance or mixture after its manufacture for commercial distribution.

  • In the same form or physical state or in a different form or physical state.

  • As part of an article containing a chemical substance or mixture.

• IMPORTATION - The entry of a product or substance into the Philippines (through the seaports or airports of entry) Have been properly cleared through or remaining under customs control.

• MANUFACTURE - The mechanical or chemical transformation of substances into new products. Performed by power-driven machines or by hand. Done in a factory or in the worker's home. Sold at wholesale or retail.

• UNREASONABLE RISK - expected frequency of undesirable effects or adverse responses arising from a given exposure to a substance.

• HAZARDOUS SUBSTANCES - Any organic or inorganic substance of a particular molecular identity, including: Short-term acute hazards; or Long-term environmental hazards.

  • Substances that are without any safe commercial, industrial, agricultural, or economic usage and are shipped, transported, or brought from the country of origin for dumping or disposal into or in transit through any part of the territory of the Philippines.

  • Also refers to by-products, side-products, process residues, spent reaction media, contaminated plant or equipment or other substances from manufacturing operations, and as consumer discards of manufactured products.

• NUCLEAR WASTE - Hazardous wastes made radioactive by exposure to the radiation incidental to the production or utilization of nuclear fuels but does not include nuclear fuel, or radioisotopes which have reached the final stage of fabrication so as to be usable for any scientific, medical, agricultural, commercial, or industrial purpose.

Section 6 - Functions, Powers, and Responsibilities of the Department of Environment and Natural Resources

• The DENR shall be tasked with the following functions, powers, and responsibilities:

  • a. To keep an updated inventory of chemicals that are presently being manufactured or used, indicating among others, their existing and possible uses, quantity, test data, names of firms manufacturing or using them, and such other information as the Secretary may consider relevant to the protection of health and the environment;

  • b. To require chemical substances and mixtures which are presently being manufactured or processed to be tested if there is reason to believe that they pose unreasonable risk or injury to health and the environment;

  • c. To require chemical substances and mixtures which are presently being manufactured or processed to be tested if there is reason to believe that they pose unreasonable risk or injury to health and the environment;

  • d. To evaluate the characteristics of chemicals that have been tested to determine their toxicity and the extent of their effects on health and the environment;

  • e. To enter into contracts and make grants for research, development, and monitoring of chemical substances and mixtures;

  • f. To conduct inspection of any establishment in which chemicals are manufactured, processed, stored, or held before or after their commercial distribution and to make recommendations to the proper authorities concerned;

  • g. To confiscate or impound chemicals found not falling within the standards set by these Rules and Regulations and the said acts cannot be enjoined except after the chemicals have been impounded;

  • h. To monitor and prevent the entry, even in transit, of hazardous and nuclear wastes and their disposal into the country;

  • i. To subpoena witnesses and documents and to require other information if necessary to carry out the provisions of this Act;

  • j. To call on any department, bureau, office, agency, state university or college, and other instrumentalities of the Government for assistance in the form of personnel, facilities, and other resources as the need arises in the discharge of its functions;

  • k. To disseminate information and conduct educational awareness campaign on the effects of chemical substances, mixtures, and wastes on health and environment; and

  • l. To exercise such powers and perform such other functions as may be necessary to carry out its duties and responsibilities under RA 6969.

Section 7 - Inter-Agency Technical Advisory Council

• Created Interagency Technical Advisory Council attached to the Department of Environment and Natural Resources which shall be composed of the following officials or their duly authorized representatives:

  • Chairman: DENR

  • Members: DOH, DTI, DOST, DND, DFA, DOLE, DOF, DA, Director of PNRI, Representative from the non-government organization on health and safety.

• Functions:

  • a. To assist the Department in the formulation of these rules and regulations for the effective implementation of RA 6969;

  • b. To assist the Department in the preparation and updating of the inventory of chemical substances and mixtures that fall within the coverage of RA 6969;

  • c. To conduct preliminary evaluation of the characteristics of chemical substances and mixtures to determine their toxicity and effects on health and the environment and make the necessary recommendations to the Department; and

  • d. To perform such other functions as the Secretary may, from time to time, require.

Section 8 - Pre-Manufacturing and Pre-Importation Requirements

• The desired information for a nomination of a chemical substance under Section 16 and the required information for a notification of a chemical substance under Section 17 shall comprise:

  • a. its proper chemical name;

  • b. its trade name or names;

  • c. its chemical and molecular structure;

  • d. its CAS number;

  • e. its RTECS number (if available)

  • f. its United Nations number (if applicable)

  • g. its United Nations class and subsidiary risk category (if applicable);

  • h. the following physical characteristics (if applicable):

    • i. boiling point;

    • ii. melting point;

    • iii. specific gravity;

    • iv. vapor pressure;

    • v. appearance;

    • vi. odor;

    • vii. purity; and

    • viii. water/octanol partition coefficient;

  • i. the following chemical properties (if applicable):

    • i. solubility in water; and

    • ii. solubility in an organic solvent;

  • j. the following toxicological data (if applicable):

    • i. measured lethal dose (median) in two species;

    • ii. measured lethal concentration (median) in two species;

    • iii. results of an irritation test on the skin and eyes of species;

    • iv. results of a short-term sub-lethal toxicity test on one species

  • k. any recommended time-weighted exposure average (eight-hour working day);

  • l. its flash point measured under close cup conditions;

  • m. its upper and lower explosive limits (if applicable);

  • n. its known stability and incompatibilities;

  • o. its carcinogenic, teratogenic, and mutagenic properties;

  • p. the name and address of the nominating person; and

  • q. the anticipated volume in cubic meters or weight in tones, per annum of the chemical substance being used, stored, manufactured, processed, offered for sale or sold, transported, imported, and exported by the nominating person.

• The documents containing the above information shall be considered a public document.

Pre-Manufacturing and Pre-Importation Requirements

• Estimate of the amount to be manufactured, imported & disposal thereof

• Test data related to health and environment effects

• Chemical identity and molecular structure

• Proposed categories of use

• Name of the chemical substances

Priority Chemical List (PCL)

• Needs regulation

Chemical Abstract Services No.

Philippine Inventory of Chemicals and Chemical Substances (PICCS) Name

Chemical Abstract Services (CAS)/INDEX Name

• 1. 108-90-7 CHLOROBENZENE Benzene, chloro-

• 2. 106-93-4 1,2-DIBROMOETHANE Ethane, 1,2-dibromo

• 3. 95-50-1 O-DICHLOROBENZENE Benzene, 1,2-dichloro

• 4. 106-46-7 1,4-DICHLOROBENZENE Benzene, 1,4-dichloro-

• 5. 107-06-2 1,2-DICHLOROETHANE Ethane, 1,2-dichloro-

• 6. 122-66-7 1,2 DIPHENYLHYDRAZINE Hydrambenzene

• 7. 108-46-3 3-HYDROXYPHENOL 1,3-Benzenediol

• 8. 7647-18-9 ANTIMONY PENTACHLORIDE Antimony chloride

• 9. 7440-38-2 ARSENIC COMPOUNDS Arsenic

• 1332-21-4 ASBESTOS Asbestos

• 71-43-2 BENZENE Benzene

• 7440-41-7 BERYLLIUM COMPOUNDS Beryllium

• 7440-43-9 CADMIUM COMPOUNDS Cadmium

• 56-23-5 CARBON TETRACHLORIDE Trichloromethane

• CHLORINATED ETHERS

• CHLOROFLUORO CARBONS

• 67-66-3 CHLOROFORM Methane, trichloro

• 76-06-2 CHLOROPICRIN Methane, trichloronitro

• 18540-29-9 CHROMIUM COMPOUNDS Chromium

• 57-12-5 CYANIDE COMPOUNDS Cyanide

• 64-67-5 DIETHYL SULFATE Sulfuric acid diethyl ester

• 106-93-4 ETHYLENE DIBROMIDE 1,2 Dibromoethane

• 75-21-8 ETHYLENE OXIDE Oxirane

• 111-30-8 GLUTARALDEHYDE Pentanedial

• 50-00-0 FORMALDEHYDE Formaldehyde

• 9002-83-9 HALONS Ether, chlorotrifluoro-, homopolymer

• 118-74-1 HEXACHLOROBENZENE Benzene, hexachloro

• 67-72-1 HEXACHLOROETHANE Ethane, hexachloro

• 302-01-2 HYDRAZINE Hydrazine

• 7439-92-1 LEAD COMPOUNDS Lead

• 149-304 MBT 2(3H)-Benzothiazolethione

• 594-42-3 MERCAPTAM, PERCHLOROMETHYL Methanesulfenyl chloride, trichloro-

• 7439-97-6 MERCURY COMPOUNDS Mercury

• 74-87-3 METHYL CHLORIDE Methane, chloro

• 75-09-2 METHYLENE CHLORIDE Methylene dichloro

• 2385-85-5 MIREX

• 87-86-5 PENTACHLOROPHENOL Phenol, pentachloro

• 127-18-4 PERCHLROETHYLENE Ethene, tetrachloro

• 108-95-2 PHENIC ACID Phenol

• 75-44-5 PHOSGENE Carbonyl chloride/ Carbonic dichloride

• 85-44-9 PHTHALIC ANHYDRIDE 1,3 Isobenzofurandione

• 59536-65-1 POLYBROMINATED BIPHENYLS Fire Master BP6

• 1336-36-3 POLYCHLORINATED BIPHENYLS 1,1-Biphenyl, chloroderivatives

• 1,1,1-TRICHLOROETHANE

• 79-01-6 TRICHLOROETHYLENE Ethene, trichloro

• TRIBUTYLTIN

• 7782-49-2 SELENIUM Selenium

• 75-01-4 VINYL CHLORIDE Chloroethylene

Table 1. Status of Chemical Orders for Regulated Substances

• Regulated Substances Regulating Law

• Ozone-depleted substances DAO 2004-08

• Polychlorinated Biphenyls (PCB) DAO 2004-01

• Asbestos DAO 2000-02

• Mercury DAO 97-38

• Cyanide DAO 97-39

• Source: Environmental Management Bureau, DENR

Section 10 & 11

• Chemical substance exempt from the Pre-manufacture Notification. News and Related Events of RA6969.

• Mindanao - container terminal containing electronic Waste (from Hongkong).

• 10 container vans shipped illegally from Canada.

Summary