Philippines Chemical Control Order for Benzene: Compliance Recommendations for Entities

News Brief

The Department of Environment and Natural Resources - Environmental Management Bureau (DENR-EMB) of the Philippines has recently released the Finalized Draft of the Chemical Control Order (CCO) for Benzene and Benzene-containing Mixtures. This regulatory update is crucial for industries dealing with benzene and its derivatives.

What is the Benzene Chemical Control Order (CCO)?

The drafting of this order is primarily based on the following regulatory frameworks:

1990 Toxic Substances and Hazardous and Nuclear Wastes Control Act (Republic Act 6969) and its Implementing Rules and Regulations (IRR) (DAO 1992-29), 1999 Philippine Clean Air Act (Republic Act 8749) and Toxic Chemical Substances for Issuance of Chemical Control Orders (DAO 2005-05). This order aims to mitigate health and environmental risks associated with benzene while promoting safer alternatives.

Benzene (CAS# 71-43-2) is a chemical substance with multiple high health hazards such as high carcinogenicity and mutagenicity, making strict control over it necessary. Currently, benzene (CAS# 71-43-2) is included in the Philippines' Priority Control List (PCL). Once this draft takes effect officially, it will be subject to more stringent control as a CCO substance. The draft aims to reduce the exposure risks of industrial activities involving benzene and benzene-containing mixtures to human health and the environment, and to encourage the research and development of more technologically advanced and safer alternatives.

• Priority Chemicals List (PCL): A list of chemicals identified by the Philippine EMB as posing significant risks to public health, workplaces, and the environment.

• Chemical Control Order (CCO): A regulatory measure to control, phase out, or ban priority chemicals that pose significant risks.

Scope of Regulation: What is Covered?

The draft CCO for Benzene outlines its regulatory scope, covering the full lifecycle management of benzene and benzene-containing mixtures. 

Regulated Substances:

• Benzene (CAS# 71-43-2)

• Benzene-containing mixtures with a benzene volume concentration exceeding 1%

Applicable Entities:

• Importers

• Distributors

• Manufacturers

• Industrial users

• Commercial Users

Permitted Uses:

• Manufacture/production of benzene

• Use of benzene for chemical synthesis

• Use of benzene in motor fuel

• Use of benzene and benzene-containing mixtures for analytical or research work carried out in laboratories

• Other industrial and commercial use of mixtures the benzene content of which is equal to or less than one percent by volume

Prohibited Uses:

• Paints, varnishes, coatings, solvents, and thinners

• Glues, contact cement, and rubber goods

• Solutions for textiles, fabrics, and leathers

• Inks and dyes

• Cleaning and degreasing agents

• Toys and other children's products

It is noted that for prohibited uses, if an applicant can demonstrate that no technically and economically feasible alternative for replacement is available, they may submit a written request to the DENR-EMB and may be allowed to use it upon official permission.

Exemption Scope:

• Certain products and uses are exempt but regulated under other Philippine laws:

• Fuels, fuel additives, and petroleum products under the Oil Industry Management Bureau(OIMB) of the Department of Energy(DOE)

• Foodstuff, pharmaceutical drugs, cosmetics, household/urban hazardous substances(HUHS), and consumer health products under the Food and Drug Administration(FDA) of the Department of Health(DOH)

• Fertilizers, pesticides, and agricultural chemicals under the Fertilizer and Pesticide Authority(FPA) of the Department of Agriculture(DA)

• Benzene and benzene-containing mixtures that are part of an article or as naturally occurring substances shall be exempted from the CCO requrements unless otherwise specified in related policies.

Corporate Compliance Obligations: Procedures that Must be Followed

For benzene and benzene-containing mixtures under allowed uses, a series of strict registration, permitting, and reporting obligations must be fulfilled.

All companies must apply for CCO Registration (CCOR) and secure a corresponding Registration Certificate. A CCO Importation Clearance (CCOIC) must also be applied for import activities.

Required application documents include the Environmental Compliance Certificate (ECC) , Safety Data Sheet (SDS) (GHS compliant) , process flow chart , certificates of worker training , photos of facilities , and the latest Self-Monitoring Report (SMR).

It should be noted that for companies that already obtained a PCL Compliance Certificate or PCL exemption before this draft takes effect, they are still required to reapply for CCOR and CCOIC as new applicants under the CCO.

In addition, applicants must also fulfill the following obligations:

1. Chemical Management Plan: Companies must develop and implement a comprehensive Chemical Management Plan, including:

• General chemical exposure prevention and release control program.

• Housekeeping and occupational hygiene practices.

• Safety equipment and devices used in handling the chemical.

• Personal Protective Equipment (PPE) provided to workers.

2. Emergency Plan: Companies must establish an incident response procedure (Contingency and Emergency Plan) to address benzene exposure or unintentional release resulting from accidents or calamities (e.g., chemical spill, fire, explosion).

3. Phase-out Plan: Companies possessing benzene and benzene-containing mixtures intended for prohibited uses must formulate a Substitution and Phase-out Plan.

REACH24H's Advice for Companies: Supply Chain Management and Green Substitution

Although this Order directly targets enterprises operating within the Philippines, it will also have a significant impact on overseas companies trading with the Philippines, especially suppliers of benzene and its downstream products.

For allowed uses, companies should advise their Philippine customers to closely monitor the directive's status, begin preparations, and promptly complete all relevant registration obligations after implementation to ensure their import and use activities are not interrupted or prohibited.

For prohibited uses, companies should actively develop and promote benzene-free or alternative green products to maintain their competitiveness in the Philippine market.

If you have any questions regarding regulatory compliance in the Philippines, particularly the upcoming Chemical Control Order for Benzene, please feel free to contact us at customer@reach24h.com.