Administrative Chemical Control Order for Ozone Depleting Substances (No. 18 of 2000)

PRIME - M4 Page 1 of 11 DENR ADMINISTRATIVE ORDER No. 18 Series of 2000 Subject: CHEMICAL CONTROL ORDER FOR OZONE DEPLETING SUBSTANCES (ODS) Pursuant to the provisions of Executive Order No. 192, Series of 1987, Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990), Section 30 of Republic Act No. 8749 (The Philippine Clean Air Act of 1999) and Resolution No. 25 dated 10 March 1993 of the Senate of the Republic of the Philippines ratifying the Montreal Protocol on Substances that Deplete the Ozone Layer as adjusted and amended by the Second Meeting of the Parties in London, 27-29 June 1990 and further amended by the Third Meeting of the Parties in Nairobi, 19-21 June 1991, the Department hereby promulgates the following Chemical Control Order, hereinafter referred to as CCO: Section 1. DECLARATION OF POLICY. It is the policy of the State to regulate, restrict or prohibit the import, export, use, manufacture, transport, processing, storage, possession or sale of ozone-depleting substances to abate or minimize their risks and hazards to the stratospheric ozone, public health, and the environment. Section 2. COVERAGE. This CCO covers the ban, limit and/or regulate the use, manufacture, import, export, transport, processing, storage, possession or sale of the following chemical substances, to wit: 2.1 Groups I and II of Annex A, and Groups I, II, and III of Annex B of the Montreal Protocol. Regardless of source, these substances listed below can be in forms defined under Article I, paragraph 4 of the Montreal Protocol as clarified under Decision I/12A of the First Meeting of the Parties and Decision II/4 of the Second Meeting of the Parties, herein enclosed as Appendix I. In general, these substances can be existing alone or in mixtures, can be contained in bulk for transport and/or storage, part of a use system or equipment, or used and/or contained in a manufactured product, to wit: Annex A: CONTROLLED SUBSTANCES Group Substance Ozone-Depleting Potential1 Group I CFCl3 CFC-11 1.0 CF2Cl2 CFC-12 1.0 C2F3Cl3 CFC-113 0.8 C2F4Cl2 CFC-114 1.0 C2F5Cl CFC-115 0.6 1 ODP is an index pertaining to the extent to which a chemical product may cause ozone depletion using the reference level of 1, which is the ODP assigned to CFC-11 and CFC-12. It is calculated from mathematical models that take into account factors such as the stability of the product, the rate of diffusion, the quantity of depleting atoms per molecule, and the effect of ultraviolet light and other radiation on the molecules. PRIME - M4 Page 2 of 11 Group Substance Ozone-Depleting Potential Group II CF2BrCl halon-1211 3.0 CF3Br halon-1301 10.0 C2F4Br2 halon-2402 6.0 Annex B: CONTROLLED SUBSTANCES Group Substance Ozone-Depleting Potential Group I CF3Cl CFC-13 1.0 C2FCl5 CFC-111 1.0 C2F2Cl4 CFC-112 1.0 C3FCl7 CFC-211 1.0 C3F2Cl6 CFC-212 1.0 C3F3Cl5 CFC-213 1.0 C3F4Cl4 CFC-214 1.0 C3F5Cl3 CFC-215 1.0 C3F6Cl2 CFC-216 1.0 C3F7Cl CFC-217 1.0 Group II CCl4 carbon tetrachloride 1.1 Group III C2H3Cl3 1,1,1,-trichloroethane/ methyl chloroform 0.1 2.2 The substances listed below as Annex C and Annex E are not covered by Section 3 of this CCO until such time that the Senate of the Philippines ratifies the amendments and adjustments to the Montreal Protocol starting on the agreements of the Fourth Meeting of the Parties (Copenhagen, 23-25 November 1992) onwards. However, any importation of these substances is subject to Pre-Shipment Importation Clearance as required under Section 6 hereof except for Group I of Annex E (methyl bromide) which is being regulated by the Fertilizer and Pesticide Authority of the Department of Agriculture. PRIME - M4 Page 3 of 11 Annex C Group Substance # of Isomers Ozone-Depleting Potential2 Group I CHFCl2 HCFC-21 1 0.04 CHF2Cl HCFC-22 1 0.055 CH2FCl HCFC-31 1 0.02 C2HFCl4 HCFC-121 2 0.01-0.04 C2HF2Cl3 HCFC-122 3 0.02-0.08 C2HF3Cl2 HCFC-123 3 0.02-0.06 CHCl2CF3 HCFC-123 - 0.02 C2HF4Cl HCFC-124 2 0.02-0.04 CHFClF3 HCFC-124 - 0.022 C2H2FCl3 HCFC-131 3 0.007-0.05 C2H2F2Cl2 HCFC-132 4 0.008-0.05 C2H2F3Cl HCFC-133 3 0.02-0.06 C2H3FCl2 HCFC-141 3 0.005-0.07 CH3CFCl2 HCFC-141b - 0.11 C2H3F2Cl HCFC-142 3 0.008-0.07 CH3CF2Cl HCFC-142b - 0.065 C2H4FCl HCFC-151 2 0.003-0.005 C3HFCl6 HCFC-221 5 0.015-0.07 C3HF2Cl5 HCFC-222 9 0.01-0.09 C3HF3Cl4 HCFC-223 12 0.01-0.08 C3HF4Cl3 HCFC-224 12 0.01-0.09 C3HF5Cl2 HCFC-225 9 0.02-0.07 CF3CF2CHCl2 HCFC-225ca - 0.025 CF2ClCF2CHClF HCFC-225cb - 0.033 C3HF6Cl HCFC-226 5 0.02-0.10 C3H2FCl5 HCFC-231 9 0.05-0.09 C3H2F2Cl4 HCFC-232 16 0.08-0.10 C3H2F3Cl3 HCFC-233 18 0.007-0.23 C3H2F4Cl2 HCFC-234 16 0.01-0.28 C3H2F5Cl HCFC-235 9 0.03-0.52 C3H3FCl4 HCFC-241 12 0.004-0.09 C3H3F2Cl3 HCFC-242 18 0.005-0.13 C3H3F3Cl2 HCFC-243 18 0.007-0.12 C3H3F4Cl HCFC-244 12 0.009-0.14 C3H4FCl3 HCFC-251 12 0.001-0.01 C3H4F2Cl2 HCFC-252 16 0.005-0.04 C3H4F3Cl HCFC-253 12 0.003-0.03 C3H5FCl2 HCFC-261 9 0.002-0.02 C3H5F2Cl HCFC-262 9 0.002-0.02 C3H6FCl HCFC-271 5 0.001-0.03 2 Where a range of ODP is indicated, the highest value in that range shall be used for the purpose of the Montreal Protocol. The ODPs listed as a single value have been determined from calculations based on laboratory measurements. Those listed as a range are based on estimates and are less certain. The range pertains to an isometric group. The upper value is the estimate of the ODP of the isomer with the highest ODP, and the lower value is the estimate of the ODP of the isomer with the lowest ODP. PRIME - M4 Page 4 of 11 Group Substance # of Isomers Ozone Depleting Potential Group II 1 1.00 CHFBr2 1 0.74 CHF2Br (HBFC-22B1) 1 0.73 CH2FBr 2 0.0-0.8 C2HFBr4 3 0.5-1.8 C2HF2Br3 3 0.4-1.6 C2HF3Br2 2 0.7-1.2 C2HF4Br 3 0.1-1.1 C2H2FBr3 4 0.2-1.5 C2H2F2Br2 3 0.7-1.6 C2H2F3Br 3 0.1-1.7 C2H3FBr2 3 0.2-1.1 C2H4FBr 2 0.07-0.1 C3HFBr6 5 0.3-1.5 C3HF2Br5 9 0.2-1.9 C3HF3Br4 12 0.3-1.8 C3HF4Br3 12 0.5-2.2 C3HF5Br2 9 0.9-2.0 C3HF6Br 5 0.7-3.3 C3H2FBr5 9 0.1-1.9 C3H2F2Br4 16 0.2-2.1 C3H2F3Br3 18 0.2-5.6 C3H2F4Br2 16 0.3-7.5 C3H2F5Br 8 0.9-1.4 C3H3FBr4 12 0.08-1.9 C3H3F2Br3 18 0.1-3.1 C3H3F3Br2 18 0.1-2.5 C3H3F4Br 12 0.3-4.4 C3H4FBr3 12 0.03-0.3 C3H4F2Br2 16 0.1-1.0 C3H4F3Br 12 0.07-0.8 C3H5FBr2 9 0.04-0.4 C3H5F2Br 9 0.07-0.8 C3H6FBr 5 0.02-0.7 Annex E Group I CH3Br Methyl bromide 0.6 Section 3. CONTROL MEASURES AND PHASE-OUT SCHEDULES 3.1 BAN ON THE MANUFACTURE OF SUBSTANCES LISTED UNDER SECTION 2.1 AND THEIR USE IN THE MANUFACTURE OF PRODUCTS 3.1.1 Starting 01 January 2000, no person, natural or juridical, will be allowed to locally manufacture these substances in whatever quantity, either alone or in mixtures. Further, the use of these substances in the manufacture of products PRIME - M4 Page 5 of 11 shall also be prohibited unless otherwise duly certified as for essential uses by the DENR-EMB pursuant to Section 3.2.2 hereof. 3.1.2 The use of these substances in the manufacture of products that are certified as for essential uses will be allowed only until 31 December 2010. This deadline may be moved forward by the DENR-EMB, motu proprio, as may be deemed necessary. 3.2 PROHIBITIONS AND CONTROLS OF IMPORTATION 3.2.1 This CCO affirms the previous ban on imports in any amount of the following substances whether alone or in mixtures: (a) CFC 11 and CFC 12 banned for importation for use on new equipment and/or products starting 01 January 1999. Importation of these substances will only be allowed to service existing products and/or equipment. (b) CFC 113 since January 1997 and CFC 114 and CFC 115 since 01 January 1999. (c) Group II Annex A since 01 January 1999 (d) Group I Annex B starting 01 January 2000 (e) Group II Annex B since 0 1 January 1997 For mixtures or blends containing any of the substances above, the ban will be imposed starting 01 January 2000. 3.2.2 The DENR-EMB will accept importation of these substances solely for essential uses (medical application such as in metered dose inhalers, laboratory and analytical uses, quarantine and pre-shipment) and for the servicing requirements of existing equipment/products. 3.2.3 Consistent with Section 3.2.1(a) hereof, individual annual import quota per substance of Group I of Annex A shall be determined by the DENR-EMB for each registered importer. 3.2.4 In case of mixtures or blends containing any of the substances under Group I of Annex A and/or Group I of Annex B, the calculation of import quota shall be based on the percent content by weight of these substances. 3.2.5 The 1996 estimated consumption (based on the Updated Philippine Country Program) shall be used as baseline level3. The annual import quota is non cumulative4. The total annual imports shall strictly follow the phase-out schedule below: (a) At the year ending 31 December 1999, imports shall not exceed ninety per cent (90%) of 1996 recorded imports by weight; (b) At the year ending 31 December 2000, imports shall not exceed eighty per cent (80%) of 1996 recorded imports by weight; (c) At the year ending 31 December 2001, imports shall not exceed seventy-five per cent (75%) of 1996 recorded imports by weight; (d) At the year ending 31 December 2002, imports shall not exceed seventy per cent (70%) of 1996 recorded imports by weight; 3 the 1996 levels were only estimated consumption based on available data. An allowance of 75% is added to consider unaccounted imports. 4 at the end of every calendar year, any remainder of the allowable quota for a particular substance is deemed consumed. PRIME - M4 Page 6 of 11 (e) At the year ending 31 December 2003, imports shall not exceed sixty five per cent (65%) of 1996 recorded imports by weight. (f) At the year ending 31 December 2004, imports shall not exceed sixty per cent (60%) of 1996 recorded imports by weight. (g) At the year ending 31 December 2005, imports shall not exceed fifty per cent (50%) of 1996 recorded imports by weight. (h) At the year ending 31 December 2006, imports shall not exceed forty five per cent (45%) of 1996 recorded imports by weight. (i) At the year ending 31 December 2007, imports shall not exceed fifteen per cent (15%) of 1996 recorded imports by weight. (j) At the year ending 31 December 2008, imports shall not exceed ten per cent (10%) of 1996 recorded imports by weight. (k) At the year ending 31 December 2009, imports shall not exceed five per cent (5%) of 1996 recorded imports by weight. (l) At the year ending 31 December 2010, imports shall not exceed five per cent (5%) of 1996 recorded imports by weight. 3.2.6 Beginning 01 January 2011, all kinds of importation of substances (alone or in mixtures) under Section 2.1 hereof either for servicing or for essential uses as provided under Section 3.2.2 will be absolutely prohibited. The DENR-EMB, through the issuance of an appropriate policy instrument, may accelerate the phaseout schedules for servicing and essential uses as may be deemed necessary. 3.2.7 With regard to applications for Pre-Shipment Importation Clearances for Group I of Annex A substances received by the DENR-EMB before the closing of regular office hours on 31 December 2010, only those where actual shipment is undertaken on or before 30 June 2011 may be approved. 3.3 CONTROL MEASURES ON IMPORTS OR SUBSTANCES UNDER SECTION 2.1 CONTAINED IN USE SYSTEM OR EQUIPMENT 3.3.1 In case these substances are contained in a use system or equipment, the control measures for importation under Section3.2 hereof does not apply. 3.3.2 After the conduct of appropriate studies in coordination with the Bureau of Customs and Department of Trade and Industry, the DENR shall issue separate procedures not later than 1 year after the effectivity of this CCO, by which to realize the target reductions in imports of these use systems and equipment. However, these use systems or equipment shall not be imported beyond 31 December 2010 Section 4. REGISTRATION OF IMPORTERS 4.1 Any person, natural or juridical, who imports ozone-depleting substances (regardless of source as allowed under the agreements of the Montreal Protocol) in any of the forms mentioned under Sections 2 hereof, and with respect to any industry or activity listed under APPENDIX II must be duly registered with the DENR-EMB. A Certificate of Registration may be granted only upon showing proof of the following: 4.1.1 Understanding and appreciation of the role of these substances in depleting the stratospheric ozone, and its consequences. 4.1.2 Capability to take effective measures, including the necessary equipment, technology, training and infrastructure, for the purpose of effectively handling ozone-depleting substances, minimizing their emissions, and ultimately PRIME - M4 Page 7 of 11 phasing out their use by replacing with substitutes/alternatives duly recognized and certified by the DENR-EMB. 4.1.3 Did not violate any provisions of RA 6969 and its implementing rules and regulations and other pertinent environmental laws and regulations. 4.2 Application for registration must include the following information, to wit: 4.2.1 Duly accomplished registration form; 4.2.2 Copy of the Environmental Compliance Certificate issued by the appropriate office of the DENR, if warranted; 4.2.3 Whether the applicant is an Importer-Distributor or an Importer -End-user; 4.2.4 Certified copy of the SEC, CDA or DTI Registration and updated list of its officers; and, 4.2.5 Such other information and/or documents as may be required by the DENR EMB. 4.3 Certificates of Registration are valid only for one year. It is therefore required that the same be renewed every year. 4.4 The foregoing requirements for registration do not preclude other requirements and conditions already prescribed by Administrative Order 98-58. 4.5 In case an importer is also a service provider, the Certificate of Registration will suffice and is deemed accredited pursuant to Section 5 hereof, provided that the services offered are so declared in the registration form. 4.6 The DENR-EMB shall, upon evaluation of application, determine the annual quota per substance for every importer pursuant to Section 3.2 hereof. 4.7 Violation of the provisions of this CCO, DAO 92-29, DAO 98-58, RA 6969 and other relevant environmental laws and regulations shall constitute grounds for the cancellation of the certificate of registration. Section 5. ACCREDITATION OF DEALERS, RETAILERS AND SERVICE PROVIDERS 5.1 There is hereby a system of accreditation established to determine the capability of any person, natural or juridical, in handling ozone-depleting substances who provides the servicing requirements for individuals and industries using these substances in any of the forms and with respect to any industry or activity listed under APPENDIX II. The DENR-EMB shall grant a certificate of accreditation to applicants only upon showing proof of the following: 5.1.1 Understanding and appreciation of the role of these substances in depleting the stratospheric ozone, and its consequences. 5.1.2 Capability to take effective measures, including the necessary equipment, technology, training and infrastructure, for the purpose of effectively handling ozone-depleting substances, minimizing their emissions and ultimately phasing out their use by replacing with substitutes/alternatives duly recognized and certified by the DENR-EMB. 5.2 Application for accreditation must include the following information, to wit: 5.2.1 Duly accomplished accreditation form; 5.2.2 Copy of the Environmental Compliance Certificate issued by the appropriate office of the DENR, if warranted; 5.2.3 Certified copy of the SEC, CDA, or DTI Registration and updated list of its officers; and, PRIME - M4 Page 8 of 11 5.2.4 Such other information and/or documents as may be required by the DENR EMB, 5.3 Certificates of Accreditation are valid only for one year. It is therefore required that the same be renewed every year. 5.4 The foregoing requirements for accreditation do not preclude other requirements and conditions already prescribed by Administrative Order 98-58. Section 6. PRE-SHIPMENT IMPORTATION CLEARANCE 6.1 Under allowable circumstances, any person, natural or juridical, duly registered with the DENR-EMB who engages in the importation of ozone-depleting substances listed under Section 2 pursuant to Section 3 hereof, must secure importation clearance from the DENR-EMB prior to the entry of these substances in any area within the Philippine Territory. As such, any shipment not covered by an importation clearance shall be deemed illegal import and shall be confiscated and forfeited in favor of the Government. 6.2 Applications for importation clearance must observe the following, to wit: 6.2.1 For alternative or substitute substances for halons, the applicant shall secure a certification from the Bureau of Products Standards (DTI-BPS) on the conformance of the same to established product standards. 6.2.2 Any application for importation clearance for substances under Section 2 must be within the prescribed quota pursuant to Section 3.2.3 hereof. 6.2.3 Duly accomplished application forms shall only be received for processing after payment of prescribed application fees and charges. 6.2.4 Application forms are accomplished in two (2) copies -- i.e., the original copy shall be filed with the DENR-EMB for assessment and evaluation, and duplicate copy which serve as reference document of the applicant. 6.2.5 Application forms shall only be processed until the following information are provided, to wit: (a) Commercial name or the trade/brand name of the substance as usually promoted/marketed by the manufacturers; (b) Generic name of the substance; (c) Name of the manufacturing company; (d) Port of loading or the country or port immediately before the substance enters into the Philippine territory; (e) Exporting company or any entity that transacts or brokers the chemical substance from the manufacturer to the importing company; (f) Current inventories of the substance that is the subject of the application for importation clearance, including the area/building within which the same is stored either for further transshipment or distribution. 6.2.6 All accomplished application forms must include the following documents: (a) Proof that application fees are paid; (b) Copy of the Material Safety Data Sheet (MSDS) from the manufacturing firm every time an importer applies for clearance of a new chemical; (c) Photocopy of the Pro-forma Invoice; (d) Description of the applicant's handling procedure, safety precautions and emergency response for the chemical; (e) Original accomplished copy of the Record of Actual Arrival of Shipment accompanied by a photocopy of the Bill of Lading issued by PRIME - M4 Page 9 of 11 the Carrier (shipping/transport contractor) of the most recent importation of the chemical made by the applicant5; (f) Summary of Transactions of the most recent importation clearance issued on the same chemical applied for (not applicable to new importers); and, (g) List of Intended Buyers and/or End-Users. 5 This requirement is not applicable to first-time importer. 6.3 Pursuant to Section 3 hereof, importers shall distribute these substances only to accredited Service Providers pursuant to Section 5 hereof or those entities utilizing these substances for essential uses duly certified by the DENR-EMB. 6.4 Clearances shall only be issued on a per substance per shipment basis. 6.5 Clearances shall be issued in three copies, one each for the DENR, the Bureau of Customs, and the importer. 6.6 The validity of Pre-Shipment Importation Clearance must not exceed six consecutive calendar months from the date of issuance. Any transaction not covered under the terms and conditions of the Pre-Shipment Importation Clearance shall be considered a violation of this CCO. Section 7. RECORDS KEEPING. Those issued various importation clearance must keep records of all transactions. These records are requisites for applying subsequent clearances or must be submitted to the DENR-EMB annually whichever is earlier. However, the same shall be available for inspection any time, upon request, by an authorized officer of the DENR-EMB or by other authorized government agency. Section 8. CONFIDENTIAL BUSINESS INFORMATION 8.1 Any person, natural or juridical, submitting a report under this CCO may assert a business confidentiality claim for all or part of the report, pursuant to Section 40(1) of DAO 92-29. It is the burden of the reporting person to justify the confidentiality claim. The Department may consider that the information is confidential and treat the reported information accordingly. 8.2 When confidentiality is not applied for, the report shall be considered as a public document, provided that any disclosure of information subject to this section and Sections 40(1) and 40(2) of DAO 92-29, shall be done only in cases allowed under Section 40(3) of the same. Section 9. FINES AND PENALTIES. Any person, natural or juridical, who violates any provision of this CCO, shall be administratively and criminally liable pursuant to Sections 43 and 44 of DAO 92-29 and Section 13, 14 and 15 of RA 6969. Section 10. SEPARABILITY CLAUSE. If any provision of this CCO is declared void or unconstitutional, by a competent court, the other provisions hereof shall continue to be in force and effect as if the section or provision so declared void or unconstitutional had never been incorporated herein. Section 11. EFFECTIVITY. This CCO shall take effect 15 days after its publication in the Official Gazette or in at least two- (2) newspaper of general circulation. (Sgd.) ANTONIO CERILLES Secretary February 23, 2000 PRIME - M4 Page 10 of 11 Appendix I (Footnote to Paragraph 4, Article 1 of the Montreal Protocol) The First Meeting of the Parties decided in Dec. 1/12A to agree to the following clarification of the definition of controlled substances (in bulk) in Article I, paragraph 4 of the Montreal Protocol: (a) Article I of the Montreal Protocol excludes from consideration as a "controlled substance" any listed substance, whether alone or in a mixture, which is in a manufactured product other than a container used for transportation or storage; (b) Any amount of a controlled substance or a mixture of controlled substances which is not part of use system containing the substance is a controlled substance for the purpose of the Protocol (i.e. a bulk chemical); (c) If a substance or mixture must first be transferred from a bulk container to another container, vessel or piece of equipment in order to realize its intended use, the first container is in fact utilized only for storage and/or transport, and the substance or mixture so packaged is covered by Article I, paragraph 4 of the Protocol; (d) If, on another hand, the mere dispensing of the product from container constitutes the intended use of the substance, then that container is itself part of use system and the substance contained in it is therefore excluded from definition; (e) Example of use systems to be considered as products for the purposes of Article I, paragraph 4 are inter alia; (i) An aerosol can; (ii) A refrigerator or a refrigerating plant, air conditioner or air-conditioning plant, heat pump, etc.; (iii) A polyrethane prepolymer or any foam containing, or manufactured with, a controlled substance; (iv) A fire extinguisher (wheel or hand-operated) or a installed container incorporating a release device (automatic or hand-operated); (f) bulk containers for shipment of controlled substances and mixtures containing controlled substances to user include (numbers being illustrative), inter alia; (i) Tanks installed on board ship; (ii) Rail tank cars (10-10 metric tons); (iii) Road tankers (up to 20 metric tons); (iv) Cylinders from 0.4 kg. to one metric ton; (v) Drums (5-300 Kg.); (g) Because containers of all sizes are used for either bulk or manufactured products, distinguishing on the basis of size is not consistent with the definition in the Protocol. Similarly, since containers for bulk or manufactured products can be designed to be rechargeable or not rechargeable, - rechargeability is not sufficient for a consistent definition; (h) If the purpose of the container is used as the distinguishing characteristic as in the Protocol definition, such CFC or Halon-containing products as aerosol spray cans and fire extinguishers, whether of the portable or the flooding type, would therefore be exclude, because it is the mere release from such containers which constitute the intended use. The Second Meeting of the Parties decided in Dec. II/4 to clarify the definition of "controlled substance" in paragraph 4 of Article I of the Protocol so that it is understood to include the isomers of such substances except as specified in the relevant Annex PRIME - M4 Page 11 of 11 Appendix II: List of Industries and Activities (Derived from Annex D of the Montreal Protocol) Industry Activity Dry cleaning Service, operation, and installation and decommissioning Motor vehicle air conditioning Service and installation Commercial and industrial refrigeration and air conditioning Service, installation and decommissioning Domestic refrigeration/air-conditioning Service Fixed flooding fire protection Service, design, installation, commissioning and decommissioning Portable fire extinguisher Service, and decommissioning