Other Regulatory News

A Global NGO network, International Pollutants Elimination Network (IPEN), based on its research, has found levels of Persistent Organic Pollutants (POPs) in almost all the free-range chicken eggs it collected near plastic waste disposal sites in 14 developing countries.

Therefore, the network is calling on these countries’ governments to phase out the use of hazardous chemicals in plastics and also refuse permits for chemical recycling pyrolysis plants.

According to their research, the food chain in developing countries is at high risk of contamination, resulting from plastic waste exportation and disposal practices. IPEN also described free-range chicken eggs as active samplers often used for chemicals in soils due to the accumulation of POPs in them.

Their study collected eggs from 25 plastic waste disposal sites. These include e-waste dismantling operations, landfills and recycling plants in 14 countries in Africa, Asia, Eastern Europe and Latin America. The samples collected were discovered to contain levels of dioxin – a POP released when plastic is burned.

Other discovered contaminants include Polychlorinated Biphenyls (PCBs), Polybrominated Diphenyl Ethers (PBDEs) and Per- and Polyfluoroalkyl Substances (PFASs) such as Perfluorooctane Sulfonate (PFOS). Countries found to have the highest levels of PBDEs in egg samples per the research are Tanzania and Ghana, comparable with the most e-waste contaminated sites on record in China.

Some of the proffered recommendations by IPEN include:

• Phasing out of the use of hazardous chemicals in plastic, including any new plastics treaty agreed by UN countries
• Establishing a right to know regulation mandating companies to publicly disclose toxic additives in products
• Banning the recycling of plastic materials containing POPs; and
• Refusing permits for pyrolysis plants producing fuels and auditing existing chemical recycling plants claiming to produce outputs for plastic production.

IPEN also called on companies to halt the usage of toxic additives in plastics and invest more in plastic-free alternatives whenever possible.

Department of Environment (DOE) recently announced its new website for Environmentally Hazardous Substances (EHS) Registration. The platform is for gathering information on EHS identified and notified by importers and manufacturers to DOE. With this information, DOE can monitor the use of EHS and also use the data for risk assessment. The management progress is shared with the public. An example is the list of EHS references made available on the website.

Since 2009, Malaysia has established the Environmentally Hazardous Substances Notification and Registration (EHSNR) scheme. Registration and notification of hazardous substances have been voluntary; however, this is foreseen to become mandatory in the near future.

Update: 2021-07-12

In EMB Memorandum Circular No. 2021-08, the Department of Environment and Natural Resources (DENR) – Environmental Management Bureau (EMB) issued the 2021 updated Philippine Inventory of Chemicals and Chemical Substances (PICCS). 52 new chemicals were added to the inventory, and this expands the list to 22,277 chemicals.  Pursuant to the provisions of Republic Act No. 6969 and the DENR Administrative Order No. 29 Series of 1992, the legal framework for chemical management took shape. One approach is the inventory of chemicals and chemical substances (PICCS) which was first established in 1995. PICCS is enriched by the information of chemicals’ use provided by importers and manufacturers. It assists the government in monitoring and regulating 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 the environment.

PICCS is usually updated annually, and so far, DENR has published updated inventories in 2000, 2002, 2005, 2008, 2011, 2013, 2015, 2017, and 2020.

Update: 2021-07-05

Philippines-Environmental Management Bureau (EMB) informs the Bureau of Customs (BOC) on the upcoming implementation of GHS in chemical mixtures and seeks their cooperation for enforcement

Early February, the director of The Department of Environment and Natural Resources (DENR) – Environmental Management Bureau (EMB) issued a letter to the Bureau of Customs (BOC) informing them about the implementation of GHS in chemical substances under the Priority Chemicals List (PCL) and Chemical Control Orders (CCOs) as well as the lists of International Air Transport Association (IATA) and International Maritime Dangerous Goods (IMDG). The next scheduled step is to apply GHS to chemical mixtures. The guidelines on implementing GHS Classification and Labelling Requirements for mixtures have been drafted, and it is up for public comments.

In response to the letter from EMB, BOC issued customs memorandum circular no. 78-2021 and directed relevant handling units to strictly enforce the labelling and Safety data sheet (SDS) requirements as specified by the DAO 2015-09. The preparation of labels and SDS is guided by DAO 2015-11.

Update: 2021-07-05

At the XXII Meeting of the Forum of Ministers of Environment of Latin America and the Caribbean on 1-2 February 2021, ministries from six countries in Latin America announced the Action Plan 2021-2024 for Latin America and the Caribbean, aiming to promote regional cooperation towards sound management of chemicals and waste as initially established by the Action Plan 2019-2020.

The network (2021-2024) will focus on strengthening capabilities to review, apply, and enforce legal frameworks; share methodologies and capacities in the chemical assessments and in the elaboration of chemicals lists for control and monitoring; encourage full GHS adoption within public-private implementation; and stimulate a sustainable chemical industry to prevent and reduce the generation of hazard substance at the source.

The instruments under development will facilitate the implementation of a systematic compilation of information on production, trade, and use of substances, creation of a registry (notification and registration) of chemicals, an inventory of substances, and prioritize substances subjected to risk assessment.

Currently, only Chile implemented a national regulation for the classification, labeling, and notification of chemicals. Other countries including Argentina, Brazil, Colombia, Costa Rica, Peru, and Mexico are drafting their national legislations for the sound management of chemicals. A guideline is under elaboration by the Latin American Regulatory Cooperation Forum (LARCF) to support national implementation in Latina America. It is expected to be published by March 2021.

last update: 2021-05-20

The Latin American Regulatory Cooperation Forum (LARCF), coordinated with the International Council of Chemical Associations (ICCA), published the Roadmap for the Rational Management of Industrial Chemical Substances and Products in late April 2021. The project involved government representatives, industrial associations, and industries from 11 countries in Latin America, including Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Ecuador, El Salvador, Mexico, Panama, and Peru.

The document provides an overview of the basic elements that compose the rational management of chemical substances. It includes and step-by-step approach to develop a national plan for chemical management, further implement GHS standards, establish a chemical inventory, and perform risk evaluation and prioritization. This roadmap presents increased interest in the region to enhance its chemical management system. Another chemical initiative in the region is UNEP’s Action Plan 2021-2024 for Latin America and the Caribbean.

This document can be seen as increased regional cooperation and engagement on chemical management system. More detailed national regulations for chemicals can be expected in Argentina, Colombia, Brazil, Costa Rica, Mexico and Peru in the near future.

The importance of the document surpasses the proposed activities, it shows the true national-regional engagement in adopting safer policies for chemicals. A gradual implementation of national regulation for chemicals is expected since six countries (Argentina, Brazil, Colombia, Costa Rica, Mexico, and Peru) are elaborating their future national chemical legislation in the region.

Last update: 2021-05-20

In a meeting held in May 19-20, 2021 (SGT 6), the Mercosur Environment Working Subgroup recommended advancing the regulatory framework within the bloc. The proposal includes the adoption of an updated...

In a meeting held in May 19-20, 2021 (SGT 6), the Mercosur Environment Working Subgroup recommended advancing the regulatory framework within the bloc. The proposal includes the adoption of an updated GHS version and a regulatory harmonization among countries, although a proper version was not defined.

Mercosur is composed of four countries: Argentina, Brazil, Paraguay, and Uruguay. Brazil and Uruguay adopted GHS 4th version, Argentina implemented the 5th, and Paraguay has to endorse the system.

In Latin America, the arrangement on chemical control (GHS, inventory, notification, and registration) is on the surge. Six countries (Argentina, Brazil, Colombia, Costa Rica, Peru, and Mexico) are developing their future national chemical legislation; meanwhile, Chile recently approved its regulation for the classification, labeling, and notification of hazardous chemicals and mixtures in February 2021.

The implementation of GHS is usually seen as one of the first steps for a country to enhance its chemical management system. The recently published Roadmap for the Rational Management of Industrial Chemical Substances and Products shows increased regional cooperation within countries in Latin America is on the way.

Last update: 2021-05-20