7 October 2002 (Manila, Philippines) – Environment and Natural Resources Secretary Heherson Alvarez assured the public and environmental non-governmental organizations (NGOs) in the country that he will not allow the importation of toxic and hazardous chemicals. "We remain steadfast in our international commitment to the Basel Convention. We assure the public that the Macapagal-Arroyo administration will never allow the Philippines to be a dumping ground of hazardous wastes," he stressed.

This developed as NGOs led by Adherents for Environmental Degradation and Enhancement (ADHERE) questioned the alleged importation of some 270,000 metric tons of sulfuric acid yearly by Rio Tuba Nickel Mining Corp. (RTNMC), which is part of the firm's environmental compliance certificate (ECC) for its mining operation in Bataraza, Palawan. Alvarez said that while the Philippines can send wastes for treatment to developed countries, the Basel Convention prohibits these countries from sending wastes to us.

Also, contrary to reports, the DENR said its Environmental Management Bureau has not issued any directive to reverse the country's policy against the importation of toxic and hazardous wastes. The DENR added that it did not violate Republic Act 6969 or the Toxic Substances and Hazardous and Nuclear Wastes Control Act, when it gave Rio Tuba an ECC. "The ECC was given only after local leaders and indigenous communities, including the Palawan Council for Sustainable Development (PCSD), have all agreed that the project will not adversely affect the environment but will also help bring about economic change in Palawan," Alvarez said. He explained that the ECC was issued after a thorough review of the project and an extensive process that includes public consultations with all stakeholders. "As early as 10 years ago, I worked to protect the pristine environment of Palawan and we will uphold that commitment," he said.

The DENR said Rio Tuba's ECC only allows the firm to import sulfuric acid as a chemical substance in its pure state and not as hazardous waste. The DENR said sulfuric acid only becomes hazardous waste when used in an industrial process and discharged as spent acid or classified as acid waste. Under Section 25 of RA 6969, sulfuric acid, in its pure state, is not classified as hazardous waste. What is classified as hazardous waste, and therefore prohibited for importation under DENR Administrative Order No. 29, which is the Implementing Rules and Regulations (IRR) of RA 6969, is acid waste.

According to the environment chief, he will nevertheless ask the mining proponent to source sulfuric acid from local suppliers, possibly from the Philippine Associated Smelting and Refining Corporation (PASAR). DAO 29 defines hazardous wastes as "substances that are without any safe commercial, industrial,agricultural or economic usage. by-products, process residues, spent reaction media, contaminated plant or equipment or other substances from manufacturing operations."

However, the DENR said Rio Tuba's sulfuric acid is an inorganic acid in its pure form, used by a number of industries and among the 38,000 chemicals listed in the Philippine Inventory of Chemicals Substances (PICCS) and also in Heading No. 28.07 and Harmonized System Code 2807 of the Tariff and Customs Code of the Philippines.