QuestionsQuestions (DENR ADMINISTRATIVE ORDER NO. 2013 - 24)
DAO No. 2013-24 is issued pursuant to Republic Act (RA) 6969 (Toxic Substances and Hazardous and Nuclear Wastes Act of 1990); DAO No. 29, Series of 1992 (Implementing Rules and Regulations of RA 6969); and DAO No. 05, Series of 2005 (Toxic Chemical Substances for Issuance of Chemical Control Orders).
The objectives include increasing awareness of lead toxicity and alternatives; developing prevention-based framework to reduce/eliminate risks; providing guidelines to identify and reduce lead exposure in industrial facilities; and enforcing provisions within specified limits in the DAO.
A CCO is a policy issuance that prohibits, limits, or regulates the use, manufacture, import, export, transport, process, storage, possession, and wholesale of priority chemicals DENR determines to be regulated, phased out, or banned due to serious risks to public health, workplace, and the environment.
The Order covers: (1) importers, (2) distributors, (3) manufacturers, (4) industrial users, (5) recyclers, and (6) waste service providers such as transporters, treaters, and disposers.
Strictly prohibited uses include lead and lead compounds in: packaging for food and drink; fuel additives; water pipes; toys; school supplies; cosmetics; and paints above specified thresholds (with additional timing/phase-out rules).
Lead paints are paints or similar surface coatings containing lead or lead compounds calculated as lead metal in excess of 0.009% (90 ppm) of the weight of the total non-volatile content of the dried paint film.
Applicants must register with EMB by submitting a Registration Form: (1) those with existing Priority Chemical List (PCL) Compliance Certificate involved in importation, manufacture, distribution, and use of lead/lead compounds; (2) those involved in recycling/treatment/storage/disposal of lead-containing wastes; and (3) those newly involved in importation, manufacture, distribution, use, and recycling/treatment/storage/disposal of lead-containing wastes.
Applicants must provide information contained in the Safety Data Sheet (SDS) to ensure lead/lead compounds are managed to eliminate or minimize release to the environment.
Labeling must conform to GHS provisions and include a warning label stating that lead dust is hazardous for children, pregnant women, and the elderly.
They must submit: (1) a management operation flow chart and process description where lead is used; (2) engineering controls, preventive measures, and good housekeeping to reduce lead dispersion; (3) appropriate PPE for workers; (4) relevant environmental permits/requirements (e.g., discharge permit, permit to operate, ECC) plus regular water/air monitoring; (5) regular monitoring of emissions/discharges following standards under RA 8749 and RA 9275; and (6) regular employee awareness/training with evidence such as training certifications/modules and training dates/frequency.
They must ensure proper inventory, stacking/stockpiling, and security; provide adequate storage facilities with proper chemical labeling, signages, compatibility with other chemicals, and safety equipment; and maintain storage records and packaging documentation.
Sec. 5.6 requires regulated premises to comply with GHS procedures and applicable IRR-HWM provisions for transport and treatment/storage/disposal of lead wastes and contaminated equipment off-site. Sec. 5.7 requires a substitution and phase-out plan; for alternative raw materials in manufacturing toys, school supplies, cosmetics, and food/drink packaging, FDA/DOH restrictions must be followed.
EMB Regional Offices monitor compliance using duly accomplished Self-Monitoring Reports (SMRs); EMB-CO integrates these reports for management action. In complaints, sampling/testing may be performed under GLP. The surface coating of dried sample must have total lead not more than 90 ppm.
The public may access records/reports/information obtained by DENR upon request, subject to Section 12 of RA 6969, except trade secrets such as formulations, sales figures, production methods, and distributions that would adversely affect competitive position.
Leaded paints are allowed as transitional provision for six (6) years (2013–2019) for automobiles paints, certain maintenance coatings, refinish coatings for industrial equipment, catalyzed coatings for radio-controlled model airplanes, and touch-up coatings for appliances/lawn and garden equipment—provided precautionary labeling is placed in products. Architectural/decorative/household applications are allowed for three (3) years (2013–2016).
Violations subject liable persons to applicable administrative and criminal sanctions under Sections 41 and 43 of DAO 92-29 and DENR Memorandum Circular No. 2005-003, which prescribes graduated administrative fines pursuant to RA 6969 and DENR Administrative Order No. 29 (Series of 1992).