WHAT YOU SHOULD KNOW ABOUT ENVIRONMENTAL IMPACT ASSESSMENT (EIA) and ENVIRONMENTAL COMPLIANCE CERTFICATE (ECC)The DENK-EMB Mandate The Philippine Environmental Impact Statement System (PEISS) takes its roots in the provisions of the Philippine Constitution, which states “The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.” Presidential Decree (PD) 1s Framework of the Environmer preparation of Environmental Impact As for all projects that will affect environme establishment of a systematic EIS System 1586 ensures that the Filipino people fe and healthy ecology” in the midst of development. It further requires all EIS ) National Environmental Protection Gouncil (NEPC), now tl Department of Environment and Natural | Resources (DEN rough Executive Order 192, for Ww and evalu: rther stipulates that the Presid or his duly a esentative issues the Environmental Con srt cates (ECC) for Environmentally Critical Projects | co ‘Administrative Order (AO) 42 sp Secretary, as alter ego of the Pres rant or deny ECCs on behalf of tl entral and Regional Directors as CC applications. 41. What is an Environmental Impact Assessment or EIA? An EIA is a “process that involves predicting and evaluating the likely impacts of a project as well as the ensuing preventive, mitigating and enhancement measures in order to protect the environment and the community’s welfare”. The documentation of the EIA process is an EIA Report, an example of which is an Environmental Impact Statement (EIS). The Report is used to enhance planning and guide decision-making in order to red dyerse environmental impacts of proposed actions through th of Environmental Management Plans (EMP). Y the p is directed by AO 42 to Study (FS) phase ofA positive review of the EIA Report by the DENR-EMB results to the issuance of an ECC, allowing the Proponent to proceed to the next stage of project planning, which is the acquisition of approvals from other government agencies and LGUs, after which the project can start implementation. a Lat While the EIA process undertakes an integrated approach in the review of environment-related issues, the EIA process segregates the documentary requirements of government agencies from those within the DENR-EMB mandate. Issues outside the DENR-EMB purview shall be resolved through the expert judgment of the concerned agencies. The EIA review shall not require Proponents to produce permits as the appropriate practice shall be for the findings of the EIA to provide guidance for consideration of such agencies in the issuance of their respective permits (e.g. mining permits), certificates, licenses, clearances, MOA or other government documents. Hence, the EIA evaluation must be done prior to the issuance of such documents. 2. When does a project require an ElA? PD 1586 stipulates that the requirement to undergo the EIA Process covers projects established after 1982, which have been declared as ECPs or in ECAs, as technically defined by the DENR-EMB. For projects that are not ECPs or are not in ECAs, environmental safeguards may be required, as deemed necessary, without the requirement of EIAs for these projects?* 3. What is an Environmental Compliance Certificate or ECC? An Environmental Compliance Certificate (ECC) is a decision document issued to the Proponent after thorough review of the EIA Report. The ECC outlines the commitments of the proponent which are necessary for the project to comply with existing environmental regulations or to operate within best environmental practice that are not currently covered by existing laws. A Supreme Court decision (G.R. No. 148622, Sept 12, 2002, with DENR XIl as the Petitioner and City of Davao as Respondent) finds projects not in the list of ECPs in Proclamation 2146 and proven not to be located within ECAs based on certifications by the DENR or the responsible agency with mandate of the ECA category are not covered by the PEISS.4. What are the contents of the ECC? ei The ECC contains specific measures and conditions that the project Proponent has to undertake before and during the operation ofa é project, and in some cases, during abandonment phase, to mitigate identified environmental impacts. The following are salier of the ECC: 5 Scope of project or undertaking, * Conditions as conformed by the Proponent to implement mitigation measures for potentially negative impacts and/or enhancement measures for potentially positive impacts as identified in the EIA Report. . Suggestions/recommendations to assist LGUs and other government agencies to incorporate the EIA Results in their ion-making process. dec 5. How does the EIA process take place in ECC application? The following summarizes the EIA Process in relation to ECC applications: Expan: Project modifications Legend Proponent-driven +m DENR-EMB driven + Public involvement, which typically begins at scoping but may 77 Not part of EIA process but should be noted by Proponent6. How should other agencies and LGUs respond to ECC recommendations? = 3 Agencies and LGUs have the option to accept, modify or disregard the recommendations in the ECC when issuing their respective permits or clearances as mandated by law. However, they will have to justify to the public the basis of their decision pertinent to said recommendations. 7. Are projects or undertakings, which are neither ECPs nor within ECAs, established after 1982 free from all environmental compliance requirements? No. The EIS System does not cover currently operating projects implemented prior to 1982 unless proponents apply for modification/expansion, the specifications of which are determined to fall within thresholds of covered projects. These projects may still be subject to other environmental laws within the DENR/ EMB mandate like the Toxic Substances and Hazardous and Nuclear Wastes Contro] Act of 1990, Philippine Clean Air Act of 1999, Ecological Solid Waste Management Act of 2000, and Philippine Water Act of 2004. : tal standards and laws? to existing laws. At the FS stage, it ely issues or impacts that may be covered nmental permits. andards or lack of explicit definitions nonetheless covers environmental ent related issues. For example, Its is not a requirement under any is included in the ECC as a contractual ent to the DENR.9. Is it reasonable to cancel an ECC? No. The continued validity of an ECC sustains the active commitments of the Proponent to comply with ECC conditions and with environmental regulations. It is only in + ions when Bovcigst poses grave or irreparable damage to the environment or when there is strong violation of environmental laws that an Efec may be cancelled but with the corresponding requirement for ¥ the Proponent to institute environmental management measures. 10. What happens if the Proponent fails to implement the project within 5 years upon issuance of the ECC? ~— The ECC loses its validity ifa project has not been implemented within five (5) years from ECC issuance. If the baseline characteristics have changed to the extent that the impact assessment as embodied in the EMP is no longer appropriate, the EMB office concerned shall require the Proponent to submit a new application. The request for ECC extension should be filed at least three (3) months before the expiration of the ECC validity. Reminder!!! The DENR-EMB is provided its directive as regards the PEISS. However, LGUs and other national agencies have their respective development mandates that have to be respected. ADB Department of Environment and Natural Resources Environmental Management Bureau EIAM Division DENR Compound, Visayas Avenue, Diliman, Quezon City Tel. Nos. 920-2240 921 41 Email: eia@emb.gov.ph Website: www.emb.gov.ph os . o te, tn