Recently, the Environmental Management Bureau of the Department of Environment and Natural Resources (DENR-EMB) of the Philippines issued relevant regulations regarding the Chemical Control Order (CCO) for Benzene and Benzene-containing mixtures (mixtures containing more than 1% benzene by volume). This action is based on Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Wastes Control Act) and its Implementing Rules and Regulations, the 1999 Philippine Clean Air Act, and DENR Administrative Order No. 2005-05 (List of Priority Chemicals for the Issuance of Chemical Control Orders).
Chemical Control Order
A Chemical Control Order is a regulation issued by the DENR to prohibit, limit, or impose controls and conditions on the use, manufacture, import, export, transport, processing, storage, possession, or sale of chemical substances to minimize risks to public health and the environment.
Covered Entities
- Importers
- Distributors
- Manufacturers
- Industrial Users
- Commercial Users
Exemptions
This Order does not apply to uses of Benzene and Benzene-containing mixtures regulated by other laws or agencies, including but not limited to:
- Fuels, fuel additives, and petroleum products regulated by the Department of Energy - Oil Industry Management Bureau.
- Food, drugs, cosmetics, household/urban hazardous substances, and consumer health products regulated by the Department of Health - Food and Drug Administration.
- Fertilizers, pesticides, and agricultural chemicals regulated by the Department of Agriculture - Fertilizer and Pesticide Authority.
- Benzene and Benzene-containing mixtures that are components of articles or occur naturally are exempt from complying with the requirements of this CCO, unless otherwise provided by relevant policies.
Permitted Uses
- Manufacture/Production of Benzene
- Benzene for chemical synthesis
- Benzene for motor fuel
- Benzene and Benzene-containing mixtures for laboratory analysis or research work
- Other industrial and commercial uses of mixtures containing benzene equal to or less than 1% by volume
Prohibited Uses
This Order prohibits the following uses involving Benzene and Benzene-containing mixtures, unless no technically and economically feasible alternatives are available:
- Paints, varnishes, coatings, solvents, and thinners
- Glues, contact adhesives, and rubber products
- Solutions for textiles, fabrics, and leather
- Inks and dyes
- Cleaning and degreasing agents
- Toys and other children's products
Applicants wishing to obtain an exemption for the use of Benzene and Benzene-containing mixtures in the aforementioned prohibited categories must submit a written request to the DENR, stating their justification and demonstrating the non-availability of alternatives. Exemptions may be granted only after formal authorization is obtained and all specified requirements and procedures are met.
General Requirements and Procedures
This Order imposes the following requirements on applicants involved in the importation, manufacture, distribution, and use of Benzene and Benzene-containing mixtures:
- Registration and Permit to Operate
Must comply with relevant documentary requirements, handling and storage standards, labeling regulations, manufacturing and use specifications, waste disposal requirements, and training requirements.
- Importation and Permit to Import
Application documents must include the Environmental Compliance Certificate (ECC), Safety Data Sheet, process flow diagram, certificate of worker safety training, facility photos, latest Self-Monitoring Report (SMR), etc.
The Permit to Import is valid for one year, and goods must arrive and be cleared within this validity period. Applications for renewal shall be filed not earlier than 20 working days before the expiry date. Applications for amendment shall be filed not later than 20 working days before the expiry date.
Penalties
Any juridical person or entity found violating any requirement stipulated in this Order shall be subject to appropriate administrative and criminal penalties as provided under Republic Act No. 6969.
Repealing Clause
All orders and other similar issuances, or parts thereof, which are inconsistent with this Order, are hereby revoked or amended accordingly.
Effectivity
This Order shall take effect 15 days after its publication in a newspaper of general circulation, following the submission of three certified copies to the Office of the National Administrative Register.
Objectives
This Order aims to reduce the risks of human exposure and environmental release from benzene used in industrial processes, enhance awareness regarding the toxicity of benzene and the availability of technically advanced and safer alternatives, ensure the effective implementation of a prevention-based framework and programs to mitigate and eliminate risks posed by benzene, and provide guidance for identifying potential benzene release or exposure in industrial facilities, thereby reducing human contact.
Further Information
