DENR CCO for Lead and Lead Compounds

Legal basis, policy, and objectives

The Order is issued pursuant to Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Wastes Act of 1990).
The Order is anchored on DENR Administrative Order (DAO) No. 29, s. 1992 (Implementing Rules and Regulations of Republic Act No. 6969).
The Order is issued in relation to DAO 05, Series of 2005, covering the issuance of Chemical Control Orders (CCOs) for toxic chemical substances.
The State policy is to regulate, restrict, or prohibit the importation, manufacture, processing, sale, distribution, use, and disposal of chemical substances and mixtures presenting unreasonable risk and/or injury to health or the environment.
The State policy includes prohibiting the entry, even in transit, of hazardous and nuclear wastes and their disposal into Philippine territorial limits for whatever purpose.
The Order’s objectives are to:
- increase awareness about the toxicity of lead and lead compounds and the availability of technically superior and safer alternatives;
- develop a framework for prevention-based programs to reduce and eliminate risks from the use of lead;
- provide guidelines and assistance to identify and release potential lead exposure industrial facilities to reduce workers’ lead exposure; and
- enforce the Order’s provisions within the specified limits.

Defined terms and regulated concepts

An Applicant is a person or entity engaged in importation, manufacturing, using, distributing, recycling, and providing service (Treatment, Storage and Disposal) on lead and lead compounds.
A Chemical Control Order (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 has determined to be regulated, phased-out, or banned due to serious risks to public health, workplace, and the environment.
Disposal covers treatment, temporary storage, and systematic destruction of lead and lead compound wastes under the applicable provisions of the Implementing Rules and Regulations of Hazardous Wastes Management (IRR-HWM).
Equipment used for disposal includes tools, devices, furnishings, apparatus, and materials such as hoods, enclosures, ducts, dust suppressants, among others with lead contamination.
An Importer is any juridical person or corporation that undertakes entry of a product or substance into the country.
An Industrial User is any entity or corporation that uses and processes lead and/or lead compounds for industrial purposes only.
Lead is a bluish-gray heavy metal occurring naturally in the earth’s crust, soft and highly malleable/ductile and a relatively poor electricity conductor, commonly obtained from mineral galena (PbS) with common ores anglesite (PbSO4) and cerussite (PbCO3).
Lead Compounds are chemical compounds containing lead (Chemical Abstract Service Registry No. 7439-92-1).
Lead Paints are paints or similar surface coatings containing lead or lead compounds (calculated as lead metal) in excess of 0.009 percent (90 ppm) of the weight of the total non-volatile content of the weight of the dried paints film.
Lead Wastes are discarded materials that contain or have been contaminated with lead or lead compounds without any safe commercial/industrial/agricultural/economical usage and that contain the updated standard of hazardous wastes based on TCLP analysis of extract.
A Manufacturer is a juridical person or corporation that transforms substances into new products by power-driven machines or by hand and markets under its name or trademark.
A Pigment is a material that changes color by wavelength-selective absorption, used for coloring paints, ink, plastic, fabric, cosmetic, food, and other materials.
Premises include buildings or parts of buildings, tents, stalls, or other facility structures permanent or temporary.
Preparations are mixtures or solutions (liquid, semi-solid, or solid) containing lead used in industrial applications/processes.
Recyclers engage in reusing and reprocessing materials for commercial, industrial, agricultural, and economic purposes.
Recycling is treating used or waste materials to make them suitable for beneficial use, including processes transforming waste materials into new products such that original products may lose their identity and may be used as raw materials for producing other goods or services.
Storage is a containing area for supply or stock reserve for future use, safekeeping, or disposal.
Unreasonable risk is any undesirable effects or adverse responses arising from exposure to a substance.

Coverage of regulated persons and activities

The Order covers importers.
The Order covers distributors.
The Order covers manufacturers.
The Order covers industrial users.
The Order covers recyclers.
The Order covers waste service providers, including transporters, treaters, and disposers.

Prohibited uses of lead and lead compounds

The use of lead and lead compounds is strictly prohibited in the following production/manufacturing:
- Packaging for food and drink
- Fuel additives
- Water Pipes
- Toys
- School supplies
- Cosmetics
Lead paints are prohibited when used as a pigment, a drying agent, or for some intentional use, where the paints contain more than the 90 ppm threshold limit beyond the following periods:
- beyond three (3) years (2013-2016) for architectural, decorative, household applications; and
- beyond six (6) years (2013-2019) for industrial applications.

Registration, management plan, and operational controls

Applicants must register with the Environmental Management Bureau (EMB) by submitting a duly accomplished Registration Form (Annex A) after the Order’s effective date.
Registration is required for:
- persons/entities with an existing Priority Chemical List (PCL) Compliance Certificate involved in importation, manufacture, distribution, and use of lead and lead compounds;
- persons/entities involved in recycling, treatment, storage, and disposal of lead-containing wastes, who must register and comply with applicable provisions of IRR-HWM; and
- persons/entities newly involved in importation, manufacture, distribution, and use of lead and lead compounds and engaged in recycling, treatment, storage, and disposal of lead-containing wastes.
Each applicant must provide information contained in the Safety Data Sheet (SDS) in a Lead and Lead Compounds Management Plan to ensure lead is managed to eliminate or minimize environmental release (Annex B).
Labeling must conform to Globalized Harmonized System (GHS) requirements.
Each product must include a warning label stating that lead dust is hazardous for children, pregnant women, and the elderly people.
Applicants must implement manufacturing and training requirements including:
- a Management Operation Flow Chart and process description where lead and lead compounds are used;
- engineering controls, preventive measures, and a good housekeeping program to reduce lead dispersion into the environment;
- provision of appropriate personal protective equipment (PPE) to workers;
- appropriate environmental permits or requirements such as Discharge Permit, Permit to Operate, and ECC, with regular water and air monitoring at workplaces;
- regular monitoring of each potential source of emissions and discharges following standards for lead under Clean Air Act (RA 8749) and Clean Water Act (RA 9275); and
- regular basic awareness, knowledge, and training for employees and industrial users for proper work practices to minimize creation and exposure to lead hazards.
Training evidence must be submitted, including:
- copies of training certifications or training modules on Chemical Lead Management; and
- the dates or frequency of training.
Storage requirements require:
- proper inventory, stacking/stockpiling, and security practices;
- adequate storage facilities with proper chemical labeling, signages, compatibility with other chemicals, and safety equipment; and
- maintenance of storage records and packaging.
Transport, treatment, and disposal must comply with GHS procedures, applicable IRR-HWM provisions, and EMB-prescribed requirements for transporting and for off-site treatment/storage/disposal of lead wastes and contaminated equipment.
For substitution and phase-out: restrictions imposed by the Food and Drug Administration (FDA) of the Department of Health (DOH) must be followed when using alternative raw materials in manufacturing:
- toys
- school supplies
- cosmetics
- packaging for food and drink.

Public awareness and record access

The DENR, through the EMB, must promote industrial compliance and public awareness on the Order’s requirements and hazards posed by lead and lead compound use and release in the workplace and into the environment.
The public has access to records, reports, or information obtained by DENR upon request under Section 12 of Republic Act No. 6969.
Public access excludes information regarding trade secrets (formulations), sales figures, methods of production or industrial processes, and distributions that would adversely affect the competitive position of importers, manufacturers, and industrial users.
Disclosure exemptions are governed by conditions under Section 40 (3) of DAO 92-29 of Republic Act No. 6969, as may be amended.

Compliance monitoring and lead limit for samples

EMB Regional Offices must monitor compliance using duly accomplished and submitted Self-Monitoring Report (SMR) requirements under DAO No. 27, Series of 2003 (Amending DAO 26, DAO 29, and AO 2000-81).
The EMB-CO integrates regional monitoring reports for management action.
In complaints of non-compliance, sampling and testing (if necessary) must use a method conforming to good laboratory practices (GLP).
Concentrations of total lead in a surface coating of a dried sample must not exceed 90 ppm.

Revisions, capacity building, and transitory periods

DENR may amend, modify, and/or supplement requirements and standards after prior consultation with stakeholders and after due notice and hearing with the public on matters to be revised.
The DENR-EMB Director may issue clarificatory guidelines when necessary.
Capacity building must include:
- continuing training for EMB Regional Officers for proper implementation;
- continuing training for the industrial sector for compliance;
- capability building to initiate research supporting implementation for the 90 ppm lead paint level;
- continuing training and information, education, and communication (IEC) for both the regulated community and regulators; and
- harmonization and facilitation with specific agencies and parties:
  - Food and Drug Administration (FDA) of DOH
  - Bureau of Product Standardization (BPS) and Bureau of Trade Relation and Consumer Protection (BTRCP) of DTI
  - Bureau of Custom (BOC) of DOF
  - Philippine Association of Paint Manufacturers (PAPM)
  - Ecological Waste Coalition and IPEN-Philippines
Transitional allowance for lead in paints applies:
- Lead in paints is allowed for the next six (6) years (2013-2019) for specified categories, provided precautionary labeling is placed in the products for:
  - automobiles paints;
  - industrial and commercial building and equipment maintenance coatings;
  - refinishing coatings for industrial equipment;
  - catalyzed coatings for radio-controlled model powered airplanes;
  - touch-up coatings for appliances and lawn and garden equipment.
- Architectural, decorative, and household applications of leaded paints are allowed for the next three (3) years (2013-2016).
Standards for other uses of lead must be developed in collaboration with concerned government agencies and other entities to support uniform standards or joint issuance for effective implementation, and DENR coordinates with concerned government agencies and other entities for uniform standards or joint issuance.

Penalties and separability

Any violation of the Order’s requirements subjects the liable person(s) to applicable administrative and criminal sanctions under Sections 41 and 43 of DAO 92-29 of Republic Act No. 6969 and DENR Memorandum Circular No. 2005-003, which prescribes graduated administrative fines under Republic Act No. 6969 and DENR Administrative Order No. 29, Series of 1992.
If any portion of the Order is declared unconstitutional or invalid, the remaining provisions stay valid and enforceable.

Effectivity

The Order’s effectivity is fifteen (15) days after publication in a newspaper of general circulation and after ONAR acknowledgment of receipt of a copy.