ROHS Compliance

The Environmental Management Bureau of the Philippine Department of Environment and Natural Resources (DENR-EMB) has issued new regulations under the Chemical Control Order (CCO) for Benzene and Benzene-containing mixtures (those containing more than 1% benzene by volume). The Order is grounded in Republic Act No. 6969, its Implementing Rules and Regulations, the 1999 Clean Air Act, and DENR Administrative Order No. 2005-05, which identifies priority chemicals subject to CCOs.

What is a Chemical Control Order?

A CCO is a regulatory instrument issued by the DENR to ban, restrict, or impose strict controls on the manufacture, import, export, processing, transport, storage, use, and sale of specific chemicals to protect human health and the environment.

Entities Covered

· Importers

· Distributors

· Manufacturers

· Industrial users

· Commercial users

Exemptions

The Order does not apply to benzene uses regulated by other agencies, including:

· Fuels and petroleum products (DOE – Oil Industry Management Bureau)

· Food, drugs, cosmetics, and household hazardous substances (DOH – FDA)

· Fertilizers and pesticides (DA – FPA)

Benzene present naturally or as a component of an article is also exempt unless otherwise required by policy.

 

Permitted Uses

· Production or manufacture of benzene

· Benzene used for chemical synthesis

· Benzene used as motor fuel

· Laboratory or research uses

· Industrial and commercial uses of mixtures with ≤1% benzene by volume

Prohibited Uses

Unless no technically or economically feasible substitutes exist, the following uses are banned:

· Paints, varnishes, coatings, solvents, and thinners

· Glues, adhesives, and rubber products

· Textile, fabric, and leather solutions

· Inks and dyes

· Cleaning and degreasing agents

· Toys and children’s products

Companies seeking exemptions must submit justification to the DENR and demonstrate the absence of viable alternatives. Approval must be granted before use can continue.

General Requirements and Procedures

Registration & Permit to Operate

Applicants must comply with:

· Required documentation

· Handling and storage standards

· Labeling rules

· Manufacturing and use specifications

· Waste disposal obligations

· Worker training requirements

Importation & Permit to Import

Applications must include:

· Environmental Compliance Certificate (ECC)

· Safety Data Sheet (SDS)

· Process flow diagram

· Worker safety training certificates

· Facility photos

· Latest Self-Monitoring Report (SMR), etc.

Permits are valid for , and shipments must arrive within the validity period.

· Renewal: no earlier than 20 working days before expiration

· Amendments: no later than 20 working days before expiration

Penalties

Entities violating the Order will face administrative and criminal sanctions under Republic Act No. 6969.

Repealing Clause

All inconsistent previous orders or issuances are amended or revoked.

Effectivity

The Order takes effect 15 days after publication in a newspaper of general circulation and submission of certified copies to the Office of the National Administrative Register.

Objectives of the Order

· Reduce human and environmental exposure to benzene

· Promote awareness of benzene’s toxicity and safer alternatives

· Strengthen prevention-based management programs

· Support facilities in identifying and mitigating potential benzene exposure risks