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February 23, 2020 DENR-EMB Waste Management Compliance Orientation RA 6969: Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990

DENR-EMB Waste Management Compliance …...Environmental Management Bureau (EMB) Vision A nation empowered to protect our finite resources, attuned to the pursuit of sustainable development,

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February 23, 2020

DENR-EMB Waste Management Compliance Orientation

RA 6969: Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990

Outline of Presentation

• EMB Mandates

• Health Impacts of Chemicals and Wastes

• Overview of RA 6969

• Title III: Hazardous Waste Management

• Joint DENR-DOH Administrative Order no. 02,

Series of 2005

Environmental Management Bureau(EMB)

Vision

A nation empowered to protectour finite resources, attuned tothe pursuit of sustainabledevelopment, for a clean andhealthy environment thatenhances the Filipino quality oflife for present and futuregenerations

Mission

To restore, protect andenhance environmental qualitytowards good public health,environmental integrity andeconomic viability.

EMB Mandates

P.D. 1586: The Philippine Environmental Impact Statement (EIS) System of 1978

R.A. 8749: The Philippine Clean Air Act of 1999

R.A. 9003: The Ecological Solid Waste Management Act of 2000

R.A. 9275: The Philippine Clean Water Act of 2004

R.A. 6969: Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990

R.A. 9512: Environmental Awareness and Education Act of 2008

Under E.O. 192, EMB is also mandated to provide research and laboratory

services, and serve as secretariat in the adjudication of pollution cases.

Republic Act (RA) 6969“Toxic Substance and Hazardous and Nuclear Waste Control Act of 1990”

Management of industrial chemicals and hazardous wastes in all aspects of its life cycle, “cradle to grave”- generation,

transportation, treatment, storage and disposal.

Why focus on Chemicals and Hazardous Wastes?

Global production of chemicals has increased from 1M tons in 1930 to 400M at present

More than 20M known substances

About 100,000 different substances registered in EU and 10,000 are marketed in quantities or volumes >10T

Certain chemicals have caused Serious damages to human and the environment e.g. asbestos,

benzene, trichloroethane (TCA), trichloroethylene (TCE), DDT

Incidence of some diseases has increased

Some are persistent and becomes endocrine disruptor

Health effects of Common Inorganic Contaminants

Gastrointestinal disorder, lower-limb disorder

Air, waterPesticidesOre smelting/refining

Arsenic

Asbestosis (scarring of lungs)

AirHeat/flame resistant applications

Asbestos

Inorganic: disorder of central nervous system, psychosesOrganic: numbness, impaired speech, deformity, death

Water, biotaElectrical goods (switches, fluorescent bulbs, ect), chlor-alkali plants (inorganic); fungicides, slimicides (Organic)

Mercury

Impairs nervous system, red blood cell synthesis

Air, biota, waterGasoline, batteries, solder, radiation shielding

Lead

Joint pain, lung, kidney disease

Air, biota, waterElectroplating, battery manufacturing

Cadmium

HEALTH EFFECTSPATHWAYSSOURCECONTAMINANT

Health effects of Common Organic Contaminants

Bio-accumulates in fatty tissues, nervous disorders, persistent

Water, food chain

Application of pesticide worldwide

DDT(dichlorodiphenyltrichloroethane

Damage to kidney, liver & nervous system; Powerful teratogen; possibly carcinogenic

Water, food chain

Impurity of manufacture of trichlorophenols used in various biocides

Dioxin2,3,7,8-TCDD (tetrachlorodibenzopara-dioxin)

Persistent, probably carcinogenic; exposure results in chlor-acne, headaches; visual disturbance

Food chainDielectric, heat transfer & hydraulic fluid

PCB (polychlorinated biphenyls)

HEALTH EFFECTSPATHWAYSSOURCECONTAMINANT

Why do we need to manage chemicals & hazardous wastes?

Health Effects of Arsenic

Health Effects - ChloracneLiver Cancer

Health Effects of PCB

• Ukrainian president Viktor Yushchenko suffered from extremely prominent facial chloracne after being diagnosed with dioxin poisoning in late 2004. His diagnosis of chloracne was claimed by prominent toxicologist John Henry.

• Viktor Yushchenko as he appeared in July 2004 (left), and as he appeared in November 2004 after the supposed dioxin - poisoning (right).

Effects of Dioxin

12

Chlor-acne

Title III: Hazardous Waste Management

▪ Classification of HazardousWastes

▪ Registration of Hazardous WasteGenerators

▪ Registration of Hazardous WasteTransporters

▪ Categories of Treatment, Storageand Disposal (TSD) Facilities

▪ Importation of RecyclableMaterials Containing HazardousSubstances

▪ Export of Hazardous Wastes

SOURCE REDUCTION

& SEGREGATION

ON-SITE RECYCLING

OFF-SITE RECYCLING

TREATMENT

DISPOSALWaste Minimization/

Green Productivity/Cleaner

Production

Waste Management Hierarchy

Key Players in HW Management

EMB

HW

Generator

HW

Transporter

TSD

Facility

What are Hazardous Wastes?

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 which present unreasonable risk and/or injury to

health and safety and to the environment

Types of Hazardous Waste as to Form

• Solid

• Liquid

• Slurry

• Gas

Steps in Identifying Hazardous Waste

Is it a “waste”?

Is it specifically exempted? (Table 2.2 of DAO 2013-22)

Is it listed? (Table 2.1 of DAO 2013-22)

Does it exhibit one or more of the characteristics ofhazardous wastes? (Toxicity, Reactivity, Ignitablility,Corrosivity)

Is it a Waste?

For a material to be considered as hazardous waste, it must first be classified as a waste. The following materials are classified as wastes:

▪ Industrial wastewater

▪ Sludge from wastewater treatment

▪ Spent materials (those that could no longer be used for their intended purpose)

▪ Commercial grade chemicals that are discarded

▪ Garbage or refuse

▪ Empty containers

▪ Process residues, by-products, contaminated equipment

▪ Consumer discards

Does it Exhibit one of these Characteristics?

Toxic

Reactive

Corrosive

Ignitable

Any waste that exhibits one or more of these characteristics is

considered hazardous waste

▪ Toxic

✓ Poisonous

✓ Carcinogenic

✓ Mutagenic

✓ Teratogenic

✓ Based on TCLP (Toxicity Characteristic Leaching Procedure) - aprocedure used to simulate the leaching which a waste willundergo if disposed of in a sanitary landfill and is applicable toliquid, solid and multi-phased sample media

Characteristics of Hazardous Wastes

Characteristics of Hazardous Wastes

▪ Reactive

✓ Unstable under normal conditions and readily undergoviolent change without detonating

✓ React violently with water and create spontaneouslyexplosive mixtures like toxic gases, vapors or fumes

✓ Are capable of detonating

▪ Ignitable

✓ Applies to any physical state can create fire under certain conditions (e.g. liquidssuch as solvents that readily catch fire, friction-sensitive substances

✓ Any liquid having a flash point of not more than 140F/60C 60C (closed-cup test) or65.6C (open-cup test)

✓ Any of the following solids:- Wetted explosives that when dry are explosives capable of explosion- Self-reactive materials that are liable capable to undergo, at normal or elevatedtemperatures, a strong exothermal decomposition- Pyrophoric materials (also liquid) that can ignite with no external ignition sourcewithin 5 mins after coming in contact with air✓ Flammable compressed gases

Characteristics of Hazardous Wastes

▪Corrosive

✓ Acidic or basic with pH equal or less than 2.0 (acid) or equal orgreater than 12.5 (base) or less than 2.0

✓ Capable of corroding metal such as containers, tanks, barrels anddrums causes visible destruction or irreversible alterations in humanskin at the site of contact

✓ Has severe corrosion rate on steel or aluminum✓ Assigned Waste # B201-299, C301-399

Characteristics of Hazardous Wastes

Is it exempted? (Table 2.2, DAO 2013-22)

• Household wastes such as garbage under RA 9003 except special

wastes

• Wastewaters which are disposed of on-site through the sewerage system

• Materials from building demolition except those containing asbestos

• Septic tank effluents and associated sullage wastewaters

• Untreated spoils from mining, quarrying and excavation works but not

materials in the nature of tailings, commercially treated materials and

mine facility consumables

Is it listed as Hazardous Waste?(Table 2.1 DAO 2013-22)

Source: Basel Action Network

• Toxic MetalsLead, Cadmium, Mercury, Beryllium, Selenium, Lithium, Antinomy, Arsenic

• Brominated Flame RetardantsTBBA (tetrabromo-bisphenol-A)PBDE (polybrominateddiphenyl) etc.

• Other Halogenated HydrocarbonsPVC (polyvinyl chloride) CFCs (chloroflourocarbons)

• Rare Earth ElementsYttrium, Europium, Americium

Hazardous Constituents of E-Wastes

Source: Basel Action Network

Summary

Wastes are considered hazardous if they are:

✓ Not specifically exempted

✓ Listed in Table 2.1 of DAO 2013-22

✓ Exhibit any of the 4 characteristics:

▪Ignitable

▪Corrosive

▪Reactive

▪Toxic

Requirements for HW Generators

▪ Register as HW Generator

▪ Designate a Pollution Control Officer (PCO)

▪ Determine if wastes are hazardous

▪ Submit reports to EMB Regional Office

▪ Responsible for storage and labeling of wastes

▪ Submit Contingency and Emergency Plan

▪ Conduct personnel training

Classification of HW Generators

Classification is based on the type and quantity of

hazardous wastes generated

▪ Small

▪ Medium

▪ Large

Hazardous Waste Generators ID

Requirements for HW Transporters

▪ Register as HW Transporter

▪ Drivers and helpers must have appropriate competency on Hazardous Waste Management

▪ Contingency and Emergency Plan

▪ Environmental Guarantee Fund

▪ Valid contract with registered TSD facility(ies)

▪ Designate a Pollution Control Officer (PCO)

Transporter Registration Certificate

Permit To Transport

Requirements for TSD facilities

▪ Register as TSD Facility

▪ Designate a Pollution Control Officer (PCO)

▪ Comply with the waste acceptance requirements and the Manifest System

▪ Submit residuals management plan

▪ Prepare and implement an emergency contingency plan

▪ Conduct personnel training

▪ Valid contract with registered transporter(s)

TSD Registration Certificate

Categories of TSD Facilities

Category Type

A Onsite Treatment and Disposal Facilities

B Thermal Treatment Facilities

C Disposal Facilities

D Recycling Facilities

E Chemical Treatment Facilities

F Storage Facilities

Hazardous Wastes Tracking System

Retained by Transporter #2

and TSDEMB Regional Office

Retained by

Generator

Retained by

Transporter #1

Retained by Transporter #1

and TSD

For the Generator and EMB Regional

Office

Manifest (1 copy) Manifest (1 copy)

If applicable

Manifest (2 copies)

Manifest (2 copies)

Manifest (2 copies)

Transporter

#1

Transporter

#2

Generator

TSD Facility

Certificate of Treatment(2 copies)

Manifest (2 copies)

JOINT DENR-DOH ADMINISTRATIVE ORDER No. 02, Series of 2005

JAO 2005-02

• Policies and Guidelines on effective and properhandling, collection, transport, treatment, storageand disposal of health care wastes.

• Issued on 24 August 2005

• Effective on 01 September 2005

OBJECTIVES

A. To provide guidelines to generators, transporters and owners or operators of treatment, storage, disposal (TSD) facilities of health care waste on the proper handling, collection, transport, treatment, storage and disposal thereof;

B. To clarify the jurisdiction, authority and responsibilities of the DENR and DOH with regard to health care waste management; and

C. To harmonize efforts of the DENR and DOH on proper health care waste management.

Health Care Wastes

• Municipal Waste

• Infectious Waste

• Pathological Waste

• Sharps

• Pharmaceutical waste

• Genotoxic Waste

• Chemical waste

• Waste with heavy metals

• Pressurized containers

• Radioactive Waste

General Waste – Municipal Waste

Healthcare Waste Generators

• Hospitals

• Infirmaries

• Birthing homes

• Clinics

• Laboratories and Research Centers

• Drug Manufacturers

• Institutions (Medical Schools, Drug Rehab. Centers, etc.)

• Mortuaries and Autopsy Centers

DENR-DOH Joint Administrative Order (JAO) No. 02, series of 2005, “Policies and Guidelines on effective and proper handling, collection, transport, treatment,

storage and disposal of health care wastes”

DENR-EMB shall:

• Be the primary agency responsible for implementing pertinent rules andregulations on the management of healthcare waste in the Philippines, asgoverned by RA 6969, RA 8749, RA 9275, RA 9003 and PD 1586.

• Formulate policies, standards and guidelines on the transport, treatment,storage and disposal of healthcare wastes.

• Require TSD facility operators and on-site treaters to present to the DENR copiesof the results of microbiological tests on the healthcare waste treated usingautoclave, microwave, hydroclave and other disinfection facilities prior to therenewal of their Permits under RA 6969.

DENR-DOH Joint Administrative Order (JAO) No. 02, series of 2005, “Policies and Guidelines on effective and proper handling, collection, transport, treatment,

storage and disposal of health care wastes”

DOH shall:

• Regulate all hospitals and other health facilities through licensure andaccreditation under the Hospital Licensure Act (RA 4226).

• Require all healthcare waste TSD facility operators and healthcarewaste generators with on-site waste treatment facilities to use DOH-BHDT registered equipment or devices for the treatment of healthcarewastes.

• Issue Department Circulars to ensure that all environmentalrequirements are complied with.

• Notify DENR on actions taken on cases of non-compliance or notice ofviolation issued to healthcare facilities, institutions and businessestablishments.

DOH-Centers for Health Development shall:

• Advocate healthcare waste management (HCWM) practices to theLocal Chief Executives, key leaders and stakeholders.

• Provide technical assistance on HCWM through training, advisory onthe preparation of HCWM plans as a requirement for licensing orrenewal thereof, dissemination of policies, guidelines and information,ensure compliance by healthcare waste generators with all pertinentlaws, rules and regulations.

DENR-DOH Joint Administrative Order (JAO) No. 02, series of 2005, “Policies and Guidelines on effective and proper handling, collection, transport, treatment,

storage and disposal of health care wastes”

JAO sets the specific criteria, standards, and guidelines on:

• Handling, collection, storage and transport

• Treatment (thermal, chemical, irradiation, biological process, encapsulation and inertization)

• Final Wastes Disposal Systems and Facilities (controlled dump facility, sanitary landfill facility, safe burial on healthcare facility premises, sharps and syringes disposal through concrete vault)

• Wastewater Treatment Facility

DENR-DOH Joint Administrative Order (JAO) No. 02, series of 2005, “Policies and Guidelines on effective and proper handling, collection, transport, treatment,

storage and disposal of health care wastes”

TREATERS

GENERATORS

TRANSPORTERS

DISPOSAL FACILITY

HEALTHCARE WASTES MANAGEMENT STAKEHOLDERS

REGULATORY REQUIREMENTSHEALTHCARE WASTE GENERATOR

ECC (PD 1586)

Permit to Operate

(RA 8749 CAA)

Discharge Permit

(RA 9275)

LLDA Clearance/

Discharge Permit

(EO927)

DENR-EMB

Permit to Construct

License

Certificate of Accreditation(for OFW Clinics, ambulatory clinics, etc.)

DOH

Hazardous Waste

Registration/

Quarterly Report (R.A. 6969)

Registration as

Waste Transporter (RA6969

Transport Permit (RA 6969)

Comply with

Manifest System (RA 6969)

DENR-EMB DOH

No regulatory requirements

REGULATORY REQUIREMENTSHEALTHCARE WASTE TRANSPORTER

ECC(PD 1586)

Permit to Operate(R.A. 8749)

Registration

as TSD Facility (RA 6969)

Discharge Permit

(RA 9275)

DENR-EMB DOH

LLDA Clearance/

Discharge Permit

No regulatory requirements

REGULATORY REQUIREMENTSHEALTHCARE WASTE TREATMENT, STORAGE, DISPOSAL (TSD) FACILITIES

Role(s) of the LGU

• Enforce its mandates on waste management under RA 7160:Local Government Code of 1990 and RA 9003: Ecological SolidWaste Management Act of 2000

• Incorporate in the requirements for issuance and approval ofbusiness permit compliance to environmental laws amongothers RA 6969, PD 1586, RA 9275, RA 8749, etc.

Penalty Provisions

RA 6969

• Administrative Violations (PhP 10,000.00-50,000.00) except forfailure to comply with conditions of a permit (PhP50,000.00/condition)

Projects (Completed/Ongoing)

• GEF/UNIDO Non-Com POPs Destruction FacilityProject

• GEF/UNDP ULABs Management Project

• UNITAR Ratification and Early Implementation ofthe Minamata Convention on Mercury in thePhilippines

• GEF/UNIDO PCB-WEEE Project

Issued Policies

• Serve as a guide for theminimum protocols andstandards on the categorizationof TSD facilities

• The intended users includethose who will put up a TSDfacility which will store, recycle,recover, treat, and dispose ofhazardous wastes.

Site Characterization Guidelines (EMB MC 2017-003)

Purpose: to address potential POPs contaminated sites in the Philippines

Provides:

• current available site assessment protocols

• process that identifies and allows the assessment of risks posed by potentially contaminated site

• process that insures successful management of contaminated sites

Issued Policies

Site Remediation Guidelines (EMB MC 2017-004)

Purpose: to address potential POPs contaminated sites in thePhilippines

Provides:

• current available remediation technologies

• advice on the environmental management of POPs contaminated sites and remediation activities

Issued Policies

Site Control Guidelines

• to address the management and control of contaminated sites to reduce or eliminate receptor exposure

• to identify site control options as part of contaminated site management

Issued Policies

Guidelines on the Environmentally Sound Management (ESM) of Waste Electrical and Electronic Equipment (WEEE)

• aim to provide the framework mechanism for theappropriate management of WEEE and institutionalize theExtended Producer Responsibility (EPR)

• provide guidelines on distinguishing used or second-handand e-waste

Policies in the Pipeline

Moratorium on the Importation of all Kinds of Waste orScrap Including Recyclable Materials Containing HazardousSubstances and Suspension of the Issuance ofRegistrations of Importer and Importation Clearances

• Stakeholders Meeting was conducted on 07 June 2019.

Policies in the Pipeline

Proposed Clarificatory Guidance on the Issuance of HazardousWaste Generator ID for Malls or Commercial Buildings andClustered Establishments

• Stakeholders Meeting was conducted on 30 October 2019.

Policies in the Pipeline

Proposed Amendments to DAO 2013-22 (Revised Proceduresand Standards for the Management of Hazardous Wastes)

• Stakeholders Meetings were held on 11 June and 27 November 2019.

Policies in the Pipeline

Let’s Save the Future!!!