Module 4

Legislative Framework and Laws Addressing Hazardous Waste

Management
Learning Objectives:
• Discuss the different international treaties and initiatives that deals
with chemicals and hazardous waste?
• Familiarize with the US legislative framework and laws addressing
hazardous waste management i.e., RCRA, CERCLA, and SARA.
• Familiarize with the Philippine laws and policies addressing chemical
and hazardous waste management such RA 6969, DENR
Administrative Orders and EMB Memorandum Circular.
Basel Convention on the Transboundary Movement of
Hazardous Wastes and their Disposal
• The Basel Convention on the Control of Transboundary Movements of
Hazardous Wastes and their Disposal was adopted in Basel, Switzerland,
on March 22, 1989, and entered into force on May 5, 1992.
• The Basel Convention includes hazardous wastes that are explosive,
flammable, poisonous, infectious, corrosive, toxic, or eco-toxic.
• During its first decade, a principle focus of the Convention was to establish
a control system for transboundary movements of hazardous waste.
• Additionally, a number of environmentally sound management guidelines
were developed under the Convention.
• More recently, work of the Convention has focused on capacity building
and technical assistance.
The Rotterdam Convention on the Prior Informed Consent
Procedure for Certain Hazardous Chemicals and Pesticides in
International Trade (PIC)
• The Rotterdam Convention or PIC promotes shared information and
responsibility in the international trade of certain hazardous
chemicals.
• Under PIC, importing countries should receive shipments of banned
or severely restricted substances only after they have had an
opportunity to make an informed decision.
• A total of 39 chemicals currently are subject to the PIC procedure:
24 pesticides, 11 industrial chemicals and 4 severely hazardous
pesticide formulations.
• The Convention establishes a process for listing new chemicals. PIC
has 112 parties, not including the U.S., and the Convention entered
into force on February 24, 2004.
The Stockholm Convention on Persistent
Organic Pollutants (POPS)
• The United States is among over 150 Signatories to The Stockholm
Convention on Persistent Organic Pollutants (POPs).
• Under the Convention, countries commit to reduce and/or eliminate
release of the 12 POPs of greatest concern (the "dirty dozen") into the
environment. The Treaty came into force on May 17, 2004.
• A mechanism by which other chemicals may be added is included in
the Treaty.
• Of the 12 chemicals,10 were intentionally produced by industry, and 9
were produced as insecticides or fungicides. Only 2 of the 12
chemicals—dioxins and furans—are unintentionally produced in
combustion processes.
Girard, James F., Principles of Environmental Chemistry, 3rd Edition, Jones & Bartlett Publishers, Inc, Sudbury,
MA, 2014
Girard, James F., Principles of Environmental Chemistry, 3rd Edition, Jones & Bartlett Publishers, Inc,
Sudbury, MA, 2014
Legislative framework and laws addressing
hazardous waste management in the US
• In 1976 Congress passed the Resource Conservation and Recovery Act
(abbreviated RCRA and pronounced “rick-rah”) directing the U.S. Environmental
Protection Agency to establish hazardous waste regulations.
• RCRA was amended in 1984 by the Hazardous and Solid Waste Amendments
(abbreviated HSWA and pronounced “hiss-wah”).
• RCRA and HSWA were enacted to regulate the generation and disposal of
hazardous wastes.
• These acts did not address abandoned or closed waste disposal sites or spills.
• The Comprehensive Environmental Response, Compensation, and Liability Act
(abbreviated by CERCLA and pronounced “sir-klah”), commonly referred to as
“Superfund,” was enacted in 1980 to address these problems.
• SARA, the Superfund Amendments and Reauthorization Act of 1986, extended
the provisions of CERCLA.
Resource Conservation and
Recovery Act (RCRA)
RCRA – Overview
• The Resource Conservation and Recovery Act (RCRA) gives EPA the
authority to control hazardous waste from the "cradle-to-grave."
• This includes the generation, transportation, treatment, storage and
disposal of hazardous waste.
• To achieve this, EPA develops regulations, guidance and policies that
ensure the safe management and cleanup of solid and hazardous
waste, and programs that encourage source reduction and beneficial
reuse.
What is RCRA?
• What we commonly know as RCRA is, a combination of the first
federal solid waste statutes and all subsequent amendments.
• These statutes and amendments describe the waste management
program mandated by Congress that gave EPA authority to develop
the RCRA program.
• Additionally, the term RCRA is often used interchangeably to refer to
the statutes and amendments, the regulations and EPA policy and
guidance.
How does RCRA work?
• RCRA establishes the framework for a national system of solid waste
control. Subtitle D of the Act is dedicated to non-hazardous solid
waste requirements, and Subtitle C focuses on hazardous solid waste.
• Solid waste includes solids, liquids and gases and must be discarded
to be considered waste.
Subtitle C – Hazardous Waste
• Hazardous waste is regulated under Subtitle C of RCRA.
• EPA has developed a comprehensive program to ensure that
hazardous waste is managed safely from the moment it is generated
to its final disposal (cradle-to-grave).
• Under Subtitle C, EPA may authorize states to implement key
provisions of hazardous waste requirements in lieu of the federal
government.
• Subtitle C regulations set criteria for hazardous waste generators,
transporters, and treatment, storage and disposal facilities.
• This includes permitting requirements, enforcement and corrective
action or cleanup.
Cradle-to-Grave Concept
• The EPA’s cradle-to-grave hazardous waste management system is an
attempt to track hazardous waste from its generation point (the
“cradle”) to its ultimate disposal point (the “grave”).
• The system requires generators to attach a manifest (itemized list
describing the contents) form to their hazardous waste shipments.
This procedure is designed to ensure that wastes are directed to, and
reach, a permitted disposal site.
 The Cradle-to-Grave System

https://www.epa.gov/sites/default/files/2020-08/cradletograveimage2020_v2.jpg
Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA)
and Federal Facilities
CERCLA AND SARA – THE SUPERFUND LAW
• The Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) of 1980, better known as “Superfund,” became
law “to provide for liability, compensation, cleanup and emergency
response for hazardous substances released into the environment
and the cleanup of inactive hazardous waste disposal sites.”
• CERCLA was generally intended to give EPA authority and funds to
clean up abandoned waste sites and to respond to emergencies
related to hazardous waste.
• The law provides for both response and enforcement mechanisms.
CERCLA AND SARA
• In 1986 the Superfund Amendments and Reauthorization Act (SARA)
greatly expanded the money available to remediate Superfund sites.
• The fund was raised to $8.6 billion for a five-year period by taxing
petroleum products ($2.75 billion), business income ($2.5 billion),
and chemical feedstocks ($1.4 billion).
• The remainder is from general revenues.
CERCLA AND SARA – MAJOR PROVISIONS
The four major provisions of the law establish:
1. A fund (the “superfund”) to pay for investigations and remedies at
sites where the responsible people cannot be found or will not
voluntarily pay;
2. A priority list of abandoned or inactive hazardous waste sites for
cleanup (the National Priority List);
3. The mechanism for action at abandoned or inactive sites (the
National Contingency Plan);
4. Liability for those responsible for cleaning up.
The National Priority List (NPL)
• The NPL serves as a tool for the EPA to use in identifying sites that
appear to present a significant risk to public health or the
environment and that may merit use of Superfund money.
• First published in 1982, it is updated three times a year. In September
2005, the list contained 1,239 sites (U.S. EPA, 2005b).
• The first NPL was formulated from notification procedures and
existing information sources.
The Hazard Ranking System (HRS)
• The HRS is a procedure for ranking uncontrolled hazardous waste sites in
terms of the potential threat based upon containment of the hazardous
substances, route of release, characteristics and amount of the substances,
and likely targets (40 CFR 300, Appendix A).
• The methodology of the HRS provides a quantitative estimate that
represents the relative hazards posed by a site and considers the potential
for human and environmental exposure to hazardous substances.
• The HRS score is based on the probability of contamination from four
pathways—groundwater, surface water, soil, and air—on the site in
question.
• The HRS scores range from 0 to 100, with a score of 100 representing the
most hazardous site.
The National Contingency Plan (NCP)
• The National Contingency Plan (NCP) provides detailed direction on the
action to be taken at a hazardous waste site, including initial
assessment to determine if an emergency or imminent threat exists,
emergency response actions, and a method to rank sites (the HRS) and
establish priority for future action.
• The NCP describes the steps to be taken for the detailed evaluation of
the risks associated with a site.
• Such an evaluation is termed a remedial investigation (RI).
• The process of selecting an appropriate remedy is termed the feasibility
study (FS)
The National Contingency Plan (NCP)
• A remedial investigation includes the development of detailed plans that
address the following items (40 CFR 300.400):
1. Site characterization: A description of the hydrogeological and
geophysical sampling and analytical procedures to be applied in order to
discover the nature and extent of the waste materials, the physical
characteristics of the site, and any receptors that could be affected by
the wastes at the site.
2. Quality control: The guidelines to be enforced to ensure that all the data
collected from the characterization program are valid and satisfactorily
accurate.
3. Health and safety: The procedures to be employed to protect the safety
of the individuals who will work at the site and perform the site
characterization.
Liability
• Perhaps the most far-reaching provision of CERCLA that has stood the test
of the courts was the establishment of strict, joint and several liability for
cleanup of an NPL site.
• Those identified by EPA as potentially responsible parties (PRPs) may
include generators, present owners, or former owners of facilities or real
property where hazardous wastes have been stored, treated, or disposed
of, as well as those who accepted hazardous waste for transport and
selected the facility.
• PRPs have strict liability; that is, liability without fault. Neither care nor
negligence, neither good nor bad faith, neither knowledge nor ignorance,
can be claimed as a defense.
• In other words, CERCLA is a “pay now, argue later” statute (O’Brien &
Gere, 1988).
Superfund Amendments and Reauthorization
Act (SARA)
• SARA reaffirmed and strengthened many of the provisions and
concepts of the CERCLA program.
• In SARA, Congress clearly expressed a preference, but not
requirement, for remedies such as incineration or chemical treatment
that render a waste nonhazardous rather than transport to another
disposal site or simple containment on site.
• SARA directs that the level of cleanup should achieve compliance with
Applicable or Relevant and Appropriate Requirements (ARARs).
• ARARs are environmental standards from programs other than
CERCLA and SARA.
Superfund Amendments and Reauthorization
Act (SARA) – TITLE III
• SARA includes a major addition to the provisions of CERCLA, namely Title
III—Emergency Planning and Community Right-to-Know.
• Under the Emergency Planning provisions, facilities must notify the State
Emergency Response Commission if they have quantities of extremely
hazardous substances that exceed EPA specified Threshold Planning
Quantities (TPQ).
• Perhaps the most revolutionary provision of Title III is the establishment of
the Community’s Right-to-Know amounts of chemicals and their location
in facilities in their community.
• Thus, information about potential hazards from chemicals is available to
the public.
"Toxic Substances and Hazardous and
Nuclear Wastes Control Act of 1990”
REPUBLIC ACT No. 6969
 Republic Act No. 6969
• Section 1. Short Title. - This Act shall be known as the "Toxic Substances
and Hazardous and Nuclear Wastes Control Act of 1990.“
• 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; and to
provide advancement and facilitate research and studies on toxic chemicals.
• Section 3. Scope. - 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 purposes.
 Republic Act No. 6969

• Section 4. Objectives. - The Objectives of this Act are:

– a) To keep an inventory of chemicals that are presently being imported,
manufactured, or used;
– b) To monitor and regulate the importation, manufacture, processing,
handling, storage, transportation, sale, distribution, use and disposal of
chemical substances;
– c) To inform and educate the populace regarding the hazards and risks
attendant to the manufacture, handling, storage, transportation, processing,
distribution, use and disposal;
– d) To prevent the entry, even in transit, as well as the keeping or storage
and disposal;
• Section 5. Definition. - As used in this Act.
 Republic Act No. 6969

• Section 6. Functions, Powers and Responsibilities of the Department of

Environment and Natural Resources. - The Department of Environment and
Natural Resources shall be the implementing agency tasked with the following
functions, powers, and responsibilities;
• Section 7. Inter-agency Technical Advisory Council. - There is hereby
created an 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;
• Section 8. Pre-Manufacturing and Pre-Importation Requirements. - Before
any new chemical substances or mixture can be manufactured, processed or
imported for the first time as determined by the Department of Environment and
Natural Resources, the manufacturer, processor or importer shall submit the
following information;
 Republic Act No. 6969

• Section 9. Chemicals Subject to Testing. - Testing shall be required in all

cases;
• Section 10. Action by the Secretary of Environment and Natural
Resources or his Duly Authorized Representative. - The Secretary of
Environment and Natural Resources or his duly authorized representative shall,
within ninety (90) days from the date of filing of the notice of manufacture,
processing or importation of a chemical substance or mixture, decide whether
or not to regulate or prohibit its importation, manufacture, processing, sale,
distribution, use or disposal.
• Section 11. Chemical Substance Exempt from the Pre-Manufacture
Notification. – The manufacture of the following chemical substances or
mixtures shall be exempt from premanufacture notification;
 Republic Act No. 6969
• Section 12. Public Access to Records, Reports or Notification. - The public
shall have access to records, reports or information concerning chemical
substances and mixtures including safety data submitted, data on emission or
discharge into the environment, and such documents shall be available for
inspection or reproduction;
• Section 13. Prohibited Acts. - The following acts and omissions shall be
considered unlawful;
• Section 14. Criminal Offenses and Penalties.
• Section 15. Administrative Fines
• Section 16. Promulgation of Rules and Regulations
• Section 17. Appropriation.
• Section 18. Separability Clause
• Section 19. Repealing Clause
• Section 20. Effectivity
Department Administrative Order (DAO)
Document No. Title
DAO 1992-29 Implementing rules and regulations of Republic Act 6969
DAO 1994-28 Interim guidelines for the importation of recyclable materials containing hazardous
substances

DAO 1997-28 Amending Annex, A of DAO 28 Series of 1994 Interim Guidelines for the Importation
of Recyclable Materials Containing Hazardous Substances

DAO 2004-36 Procedural Manual Title III of DAO 92-29 “Hazardous Waste Management” DENR AO
– Series of 2004

DAO 2010-06 Guidelines on the Use of Alternative Fuels and Raw Materials in Cement Kilns
DAO 2021-14 Amendment on some provisions of DAO 2016-06: Guidelines on the use of
Alternative Fuels and Raw Materials in Cement Kilns
EMB Memorandum Circular
Document No. Title

EMB MC 2020-008 Guidelines for Site Control

EMB MC 2020-14 Interim Guidelines on Issuance of Special Permit to Transport (SPTT) for the
Transport of Hazardous Waste within the Community Quarantine Period

EMB MC 2020-15 Addendum to the Interim Guidelines on Issuance of Special Permit to

Transport (SPTT) for the Transportation of Hazardous Wastes within the
Community Quarantine Period
EMB MC 2020-16 Amendment of the Interim Guidelines on Issuance of Special Permit to
Transport (SPTT) for the Transportation of Hazardous Wastes within the
Community Quarantine Period
EMB MC 2020-20 Provisional Guidelines on the Hazardous Wastes Management during the
Extended Enhanced Community Quarantine Period
CHEMICAL MANAGEMENT
Implementing Title II of R.A.6969
Philippine Inventory of Chemical and Chemical
Substances (PICCS)
• Inventory of chemicals and chemical substances currently used in,
manufactured in, and imported to the Philippines, and update the
Philippine Inventory of Chemical and Chemical Substances (PICCS).
• Update the list of chemical substances that DENR-EMB determines to
pose potentially unreasonable risk to public health, to workplace, and
to the environment, then register importers, users, and
manufacturers of these chemicals through the Priority Chemical List
(PCL).
Philippine Inventory of Chemical and Chemical
Substances (PICCS)
• Evaluate the safety of notified new chemicals and chemical
substances by requiring prior notification of new chemical substances
to be manufactured in or imported to the Philippines; developed a
Pre-Manufacture Pre-Importation Notification (PMPIN) process and
procedure.
• Regulate, limit, gradually phase out, or ban those chemical substances
that are determined to pose unreasonable risks to public health and
environment through issuance of Chemical Control Order (CCO).
• Educate and inform the public on the hazards and unreasonable risks
in the manufacture, handling, storage, transport, processing,
distribution, use and disposal of toxic chemicals.
CHEMICAL CONTROL ORDERS (CCOS)
• DENR-EMB issues Chemical Control Orders (CCOs) that prohibit, limit,
or regulate the use, manufacture, import, transport, processing,
storage, possession, and wholesale of those priority chemicals that
DENR-EMB determined to be regulated, phase-out, or banned
because of the serious risks they pose to public health, workplace,
and environment.
• At any one time, DENR-EMB may impose a regulation, a phase-out
plan, or a ban on a chemical or chemical substance when it
determines that such action is necessary.
CHEMICAL CONTROL ORDERS (CCOS)
• Chemicals and chemical substances that pose an unreasonable risk to
public health or the environment are potentially subject to CCOs.
• Each year, after due consideration to industrial needs, the health and
environment risks, the Philippine commitment to international and
regional treaties and conventions, and DENR-EMB’s capabilities and
resources to manage the controlled chemicals, DENR-EMB may
determine what chemicals listed as priority (PCL) should be regulated,
controlled, or phase out.
PRIORITY CHEMICALS LIST (PCL)
• The Priority Chemicals List (PCL) is a list of existing and new chemicals
that DENR-EMB has determined to a potentially pose unreasonable
risk to public health, workplace, and the environment.
• Among the chemicals in PCL, DENR-EMB determines which chemicals
should be regulated. In addition, DENR-EMB imposes special
reporting requirements that apply only to chemicals included in PCL.
• This is an essential aspect of the PCL process since these reports will
enable DENR-EMB to obtain the necessary information concerning
the priority chemicals and their uses.
PRIORITY CHEMICALS LIST (PCL)
• The following primary criteria has been established by DENR-EMB for PCL
based on the selection criteria and used in other industrial countries:
• Persistence refers to the property of a substance whose half-life in water,
sediment, soil, or air exceeds duration of fifty (50) days. Sludge may be
used as a surrogate for sediment. Metals are persistent in all media.
• Toxicity refers to the quality of a substance which meets any of the
following criteria: Acute lethality, Chronic or sub-lethal toxicity,
Teratogenicity and Carcinogenicity.
• Bioaccumulation potential is the measure of a substance’s ability to
bioaccumulate in the food chain.
PRE-MANUFACTURE PRE-IMPORTATION
NOTIFICATION (PMPIN)
• New chemical substance is defined as any chemical that is not
included in PICCS.
• The Pre-Manufacturing And Pre-Importation Notification (PMPIN)
aims to screen harmful substances before they enter Philippine’s
commerce.
• Its main objective is to ensure that new chemicals that would pose an
unreasonable risk to human health and the new environment either
be denied to be manufactured or imported into the country or be
placed under control and restriction to limit potential releases.
PRE-MANUFACTURE PRE-IMPORTATION
NOTIFICATION (PMPIN)
• Manufacturers and importers (proponents) of a new chemical are required
to notify DENR-EMB of their intent to manufacture or import the new
chemical not sooner than 180 days and not later than 90 days.
• Together with this notification, the proponent submits the appropriate
PMPIN forms: PMPIN Abbreviated Form and PMPIN Detailed Form
• Once a new chemical has been assessed and approved by DENR-EMB for
import and manufacture, the proponent is granted a clearance by DENR-
EMB to import and manufacture the new chemical.
• The proponent is also required to submit a Notice of Commencement to
Import or Manufacture Form (along with requirements stated in the form)
References: (for further studies)
• Basel Convention : Basel Convention Home Page
• Rotterdam Convention:Rotterdam Convention Home Page (pic.int)
• Stockholm Convention:Stockholm Convention - Home page (pops.int)
• RCRA:Resource Conservation and Recovery Act (RCRA) Overview | US EPA
• CERCLA:Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) and Federal Facilities | US EPA
• RA 6969, DAO and EMB:Laws and Policies | Hazardous Waste Management
| Environmental Management Bureau (emb.gov.ph)
• Chemical Management:Chemical Management Section | Implementing
Title II of RA 6969 (emb.gov.ph)