1

Draft: 3
rd
Consultation

DENR Administrative Order No. _____
Series of 2010

Subject: CHEMICAL CONTROL ORDER (CCO) FOR LEAD AND LEAD
COMPOUNDS

Section 1. Legal Authority

This Chemical Control Order (CCO) is issued on the basis of authority given to
the Department of Environment and Natural Resources (DENR) under the
Republic Act of 6969 of 1990, DENR Administrative Order (DAO) 29, Series of
1992, specifically, Title II, Toxic Chemical Substances (Chapter IV, Section 20)
and Title III, Hazardous and Nuclear Wastes (Chapter VII, Section 25) and DAO
36, Series of 2004 and under DAO 05, Series of 2005 on Toxic Chemical
Substances for Issuance of Chemical Control Order (CCO). The procedural
requirements to this CCO pertain to the importation, distribution, manufacture
and use of lead and lead compounds and the storage, transport and disposal of
their wastes.

Section 2. Basic Policy

It is the policy of DENR to minimize hazards and risks posed to human health
and the environment from the use, management, disposal and subsequent
releases their wastes and exposure to toxic substances.

Section 3. Definition

3.1 DAO 04-36 from DAO 36, Series of 2004, Revising DAO 92-29 to
further strengthen the implementation of RA 6969 and Prescribing
the use of the Procedural Manual.

3.2 EMB means the Environmental Management Bureau.

3.3 DENR means the Department of Environment and Natural
Resources.

3.4 Disposal means treating, temporary storing, recycling, and
systematic destruction of lead-containing waste materials in
accordance to the requirements of DAO 36 of RA 6969.

3.5 Equipment used for disposal purposes shall include but not
limited to tools, devices, furnishings, apparatus, and materials for
any undertaking such as hoods, enclosures, ducts, dust
suppressants, among others with lead contamination.

3.6 Importer means any juridical person or corporation that
undertakes the entry of a product or substance into the country.
which is intended for direct consumption, and warehousing to
manufacturers or end users.
2

3.7 Industrial User refers to any entity and corporation that use
and process lead and/or lead compounds for industrial purposes
excluding schools and laboratories.

3.8 Lead is highly toxic heavy metal, bluish-gray metal in granules,
shot, foil, sheet or powder that is, naturally occurring in the earths
crust which is very soft, highly malleable, ductile and relatively poor
conductor of electricity. The common lead ores are anglesite (PbSO
4
)
and cerussite (PbCO
3
). It is insoluble in water and stable but not
with strong oxidizing agents, potassium, and sodium.

3.9 Lead Compounds those chemical compounds which primarily
contain lead and includes lead acetate, lead chloride, lead nitrate,
lead oxide, lead phosphate, lead subacetate, lead sulfate, lead
selenides, lead tellurides, among others.

3.10 Lead Packaging means any container or pressurized receptacle
such as can, bottle, bag, barrel, drum, tank, or other device
that contains and secures lead-containing wastes excluding the
packaging for the raw materials.

3.11 Lead Wastes means discarded materials that contain or have
been contaminated with lead and lead compounds that are without
any safe commercial, industrial, agricultural or economical usage.

3.12 Manufacturer means any person or corporation that undertakes
the physical or chemical transformation of substances into new
products performed either by power-driven machines or by hand.

3.13 Pigments is a material that changes the color of light it
reflects as the result of the selective color absorption. Pigments
are used for paints, ink, plastic, fabric, cosmetic, food and other
materials.

3.14 Premises shall include but not limited to building or part of a
building, a tent, stall or other facility structures whether permanent
or temporary and land.

3.16 Recycling is processing used materials (waste) into new products to
prevent waste of potentially useful materials, reduce the
consumption of fresh raw materials, reduce energy usage, reduce air
pollution and water pollution by reducing the need for conventional
waste disposal, and lower greenhouse gas emissions.

3.17 Recyclers means any persons or corporations that intend to reuse
and reprocess following the purpose of the recycling activities. The
purpose is to recover any industrial and/or economic value.



3
3.18 Storage means containing area for supply or stock reserved kept for
future use, safekeeping or disposal.

3.19 Unreasonable risk means any undesirable effects or adverse
responses arising from a given exposure to a substance.

Section 4. Objectives

4.1 General Objective:

Control, regulate and prohibit the use of lead and lead compounds,
and disposal of lead-containing wastes to minimize hazards and
exposure to human health and the environment.

4.2 Specific Objectives:

4.2.1 Increase awareness and education on the safe and
responsible use of lead and lead compounds and their
subsequent releases through their wastes to reduce the
hazards and unreasonable risks posed to human health and
environment.
4.2.2 Develop the framework for proper management of lead and
lead compounds and their wastes.
4.2.3 Establish requirements and procedures for the importation,
manufacture, use and proper treatment, storage and
disposal of lead and lead compounds, lead packaging and
subsequent discharges of lead wastes.
4.2.4 Enforce the provisions of this Order through compliance
monitoring program.


Section 5. Scope and Coverage

This CCO applies to the importation, distribution, manufacture, storage,
transport and the use of lead and lead compounds, lead packaging, and disposal
of lead wastes. It also addresses treatment, storage, recycling and disposal of
lead contaminated wastes and equipment in the Philippines. It comprised of the
following

5.1. Coverage

It is the intention of This CCO intends to control, regulate and eventual
or scheduled phase-out the use of lead and lead compounds and lead-
containing wastes and cover the following:

5.1.1 Importers and Distributors
5.1.2 Manufacturers and Industrial Users
5.1.3 Recyclers
5.1.4 Transporters, Treaters and Disposers


4

5.1 Allowable Use

The use of lead and lead compounds shall be strictly limited to the
following:

5.1.1 Recycling and production of lead acid batteries
5.1.2 Solders for electronics and semiconductors
5.1.3 Organ pipes
5.1.4 Radiator
5.1.5 Firearms projectile
5.1.6 Electrodes in the process of electrolysis
5.1.7 Ceramic and glazes except in food application
5.1.8 Lead glass
5.1.9 Printed Circuit Boards/Printed Wiring Board (PWB)
5.1.10 Devices to shield from X-rays radiation (reinforced wood panels)
5.1.11 Sailboats ballast keel
5.1.12 Brass
5.1.13 Coolants for lead-cooled reactors
5.1.14 Scuba diving weight belts
5.1.15 Fishing sinkers/weights
5.1.16 Wheel balancer
5.1.17 Sound Deadening layer (sound studios)
5.1.18 Customization of tennis rackets
5.1.19 Statues and sculptures
5.1.20 Roofing and flushing
5.1.21 Analytical and laboratory use
5.1.22 PVC Stabilizers
5.1.23 Paints, coatings and red lead primer (allowable limit)
5.1.24 Mineral processing

5.2 Prohibitive Use

5.2.13 Paints except those containing lead chromate (and lead octoate)
5.2.14 Preservatives for food and drink
5.2.15 Fuel additives except for used in aviation gas
5.2.16 Ammunition/bullets for slings
5.2.17 Lead Water pipes
5.2.18 Lead in toys
5.2.19 Lead in Cosmetics

Section 6. General Requirements and Procedures

6.1 Registration and Permitting

6.1.1 The following persons/entities shall register with the
EMB by submitting a duly accomplished Registration
Form (Annex A) within three months after the effective
date of this Order.


5
6.1.1.1 Importers and distributors, manufacturers and
industrial users who are involved in the use of any lead
and lead compounds and lead packaging must register
from the EMB.

6.1.1.2 Any person or entity who imports lead and lead-
compounds including, lead products that requires
reprocessing/recycling (i.e lead ingots and scraps) must
get an Importation Clearance from the EMB.

6.1.1.3 Any person or entity involved in the treatment,
storage, transport, and disposal of lead-
containing wastes must register with the EMB.

6.1.2 Records and Reports

6.1.2.1 The lead and lead compounds registration certificate(s)
and all permit(s) issued by the EMB, along with the
document applications and attachments, shall be
retained at the premises of the registrant and be
available for inspection at any time by proper officials of
the DENR and/or the EMB.

6.1.2.2 All registered persons and entities must submit to the
EMB the duly accomplished Self-Monitoring Report
(SMR) per DAO No. 27, Series of 2003.

6.2 Management Information

6.2.1 Name, facility location and type of business activity (importers,
user, exporter, waste treater, waste transporter and disposer).

6.2.2 Number and category of employees directly and indirectly
responsible for the management of the lead and lead
compounds and lead wastes, lead packaging in storage, and
their respective qualifications and training for the job;

6.2.3 Volume of concentration lead and lead compounds. and the
weight and volume of the lead packaging in the possession of
the registrant;

6.2.4 Program for the storage, if any, including operators, (number of
persons) and location of storage facilities; and

6.2.5 Program for treatment and disposal including schedule,
contractor, disposal method and facilities, their premises and
locations, and such other information, which the EMB under
DAO 36 of RA 6969 may require.



6

6.3 Handling and Transport Requirements

6.3.1 Importers, manufacturers and industrial users of lead and lead
compounds are required to identify in detail the quantity and
methods of the storage and disposal of lead-containing wastes,
containers and discarded packaging materials generated as a
result of handling of lead and lead compounds:

6.3.1.1 Stored and disposed on-site
6.3.1.2 Transported off-site
6.3.1.3 Treated, stored and disposed off-site.

6.3.2 The importer, handler and manufacturer must comply with the
transport requirements under DAO 36, and the standards
adopted by the Department of Transportation and
Communication (DOTC) regarding land, air transport and
shipping.

6.4 Labeling Requirements

6.4.1 All lead and lead compounds, lead packaging and lead-
containing wastes are required to have clear, visible and
readable markings in English language in each container and
storage facility; and

6.4.2 Label information should include: a hazard warning or symbol
that it contains lead, name of the company, preventive and
mitigation measures, first aid and other identifying information
such as contact person, address and telephone number, total
volume/weight/quantity, among others.

6.5 Manufacturing Requirements

6.5.1 Appropriate engineering and dust control, preventive measures,
work practices and housekeeping program should be provided to
ensure safety.

6.5.2. Workers should be provided with appropriate respiratory
protective equipment (PPE) and be well-informed on the possible
effect of exposure to lead and lead compounds.

6.5.3 Installation of the necessary Water Treatment Facilities (WTF)
and Air Pollution Control Device (APCD) are required and its
regular water and air monitoring (if necessary) at the
workplaces.





7

6.5.4 Regular monitoring of each potential source of emissions and
discharges from any part of the manufacturing premises following
the standards of the Clean Air Act of RA 8749 and Clean Water
Act of RA 9275.

6.6 Storage requirements

6.6.1 The storage facility must be marked clearly in fences, posts or
walls in order to limit access and delineate the storage area;

6.6.2 Maintenance of records in a log book with observations, stockings,
date when stored items are placed.

6.6.3 Adequate storage facility with proper ventilation and illumination
system, water-proof roofing and free-crack walls to protect the
workers and chemicals.

6.6.4 A spill containment system must be constructed along the
perimeter of the storage facility to prevent any spilled material
from flowing out.

6.6.5 The storage facility must be accessible to material handling
equipment such as forklift and drum lifters;

6.6.6 A designated area for drying leadcontaining wastes from solder
dross and solder coated frame trimmings and the use of proper
and suitable containers and receptacles i.e. leak-proof packaging,
dry cartons and metal pails, bottles.

6.6.7 Proper stockpiling and housekeeping practices.

6.7 Transport, Treatment and Disposal Requirements

All the regulated premises must comply with the DAO 36, Series of 2004
and those to be prescribed by the EMB for the transportation and
treatment, storage and disposal of lead wastes and contaminated
equipment off-site.

6.8 Contingency, Emergency and Clean-up Plans

All importers and manufacturers are required to submit their certified
contingency, emergency and clean-up plans and procedures in case of
accidents and emergencies i.e. spillages, leakages. The plans will describe
the sources and impacts of potential risk/hazards i.e. spillages, leakages,
fumes and emissions, among others. The necessary precautionary and
mitigation measures shall be provided and the budgetary allocations to
address the plans should be ensured.



8
6.8.1 Certification of financial plan

6.8.2 Steps and procedures

6.8.3 Post conditions and monitoring

6.9 Lead Management Plan

Lead and lead Compounds Management Plan considering the information in the
Safety Data Sheet (SDS) must be submitted to the DENR to ensure that lead and
lead compounds are managed in a manner that will eliminate or minimize its
release to the environment. The registrant shall be responsible for all costs of
managing lead compounds including the storage, disposal and clean-ups. The
details of the management plan will vary depending on the type or premises and
the type of activity that is being conducted with a timetable for completion of
particular actions (see Annex B for the suggested format).


Section 7. Information, Education, Communication (IEC) and Training
Requirements

The DENR, through the EMB, in collaboration with the industry, concerned
government agencies, the academe and the non-government organizations, shall
promote industry and public awareness of the CCO requirements and its
compliance and the hazards posed by the use and release of lead and lead
compounds in the workplace and into the environment.


Section 8. Public Access to Records

The public shall have access to records, reports or information obtained by the
DENR pursuant to this CCO in accordance with Section 12 of RA 6969 except
confidential portions contained in the submitted documents as per request.


Section 9 Confidential Business Information (CBI)

A request from any person or corporation that the information in their submitted
documents maybe treated as confidential, then the DENR may consider such
information. The information may not be made public when such would divulge
trade secrets, sales figures, methods of production or industrial processes,
distributions or would otherwise tend to affect adversely the competitive position
of such importers and manufacturers.

Exemptions to this no disclosure of information shall be made subject to the
conditions of Section 40 (3), DAO 92-29 of RA 6969.





9
Section 10. Compliance Monitoring Procedure

Compliance with the requirements established in this CCO shall be monitored by
the DENR, through the Regional Offices of EMB, through reviews of reports and
registration information submitted, and on-site inspection and monitoring in an
annual or quarterly basis whenever necessary.

Section 11. Revision of Requirements

The DENR may amend, modify, and/or supplement the requirements and
standards in this CCO after prior consultation with the stakeholders and after
proper notice and hearing to the public on matters to be revised. The DENR-
EMB Director shall hereby issue clarification guidelines, if necessary.

Section 12. Penalty Provision

Any violations of the requirements specified in this CCO shall subject the
person(s) responsible thereof to the applicable administrative and criminal
sanctions as provided for under Section 41 and 42 of DAO 92-29 and
Memorandum Circular No. 2005-003 pursuant to Republic Act of 6969 and DAO
92-29.

Section 13. Separability Clause

Should any provisions or portions of this CCO be declared unconstitutional or
invalid, all the other provisions of this CCO shall remain valid and enforceable.

Section 14. Effectivity

This CCO shall take effect three (3) month after publication in the Official Gazette
or two (2) newspapers of general circulation, upon submission to the Office of the
National Administrative Register, UP Law Center and preparation of the relevant
forms and guidelines.



RAMON J.P. PAJE
Acting Secretary