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EIA Series 04 – 2007

A Brief Guide for the Industry Sector


and EIA Reviewers on the Revised
Procedural Manual of DAO 2003-03

CONTENTS
1. Rationale for the Revised Procedural Manual
2. Purpose of the EIA Process
3. EIA and ECC Defined
4. EIA Process within the Project Cycle
5. The EIA Process in Relation to the Enforcement of Other Laws
6. The EIA process in Relation to Requirements of Other Agencies
7. The EIA Process
8. Operating without an ECC or CNC
9. ECC Validity and Expiry
EDITORIAL TEAM
ENGR. ESPERANZA A. SAJUL, TA Manager and Chief EIAMD
ENGR. PURA VITA G. PEDROSA, Co-TA Manager and Chief Monitoring Section, EIAMD
ENGR. ELSIE P. CEZAR, Chief Review and Evaluation Section, EIAMD
ENGR. JENNIFER A. GAPPE, TA Coordinator

DR. MARY ANN P. BOTENGAN, Information Education Campaign Specialist


MS. JO ROWENA D. GARCIA, Environmental Impact Assessment Specialist
MR. EMMANUEL MIRAFLORES, Information Technology Specialist
MS. JAN IRISH P. VILLEGAS, Technical Assistant
MR. NANIE S. GONZALES, Layout Artist
A Brief Guide for the Industry Sector
and Reviewers on the Revised
Procedural Manual of DAO 2003-03

Since the enactment of Presidential De- 1. Rationale for the Revised


crees 1151 (Philippine Environmental Procedural Manual
Code) and 1586 (Establishing an Envi- The overarching goal in revising
ronmental Impact Statement System) in Procedural Manual of Department
the 1970s, several attempts have been Administrative Order (DAO) 2003-30
made to streamline the Philippine En- is to enhance the effectiveness and ef-
vironmental Impact Statement System ficiency in the implementation of the
(PEISS), otherwise known to many as PEISS. The Revised Procedural Manual
the Environmental Impact Assessment for DAO 2003-30 thus highlights the
(EIA) System. The system has been following:
perceived to metamorphose into the • Integrating new Environmen-
“Mother of all Permits,” thus posed tal Management Bureau (EMB)
as a major impediment to economic – Department of Environment
development. and Natural Resources (DENR)
On March 2007, an Asian Devel- policies to further promote EIA as
opment Bank (ADB) grant made it a planning and decision-making
possible to harmonize all initiatives tool under the PEISS);
at streamlining the PEISS. This Brief • Restoring the original intent of the
Guide walks investors and reviewers PEISS to respect the jurisdiction
through the salient features of the of other National Government
revisions. Agencies (GAs) and Local Gov-
! ! #$%&' ()%*& '+$ ,-& ./*)0,$1 2&3,+$ 4/* 5.! 6&7%&8&$0 +/ ,-& 6&7%0&* 9$+3&*)$4: ;4/)4: +' <!= 2==3@3

ernment Units (LGUs) in their


permitting system;
• Standardizing and abbreviat-
ing procedures in environ-
mental compliance certificate
applications or EIA process;
• Condensing and revising EIA
Reports and Decision docu-
ment formats; and,
• Providing specific guidelines
to focus on significant im-
pacts for the EIA Study Terms
of Reference, EIA Reports, Review predicting and evaluating the likely
and Evaluation, Decision Making, impacts of a project as well as the
and Monitoring, Validation and ensuing preventive, mitigating and
Evaluation/Audit. enhancement measures in order to
protect the environment and the
2. Purpose of the EIA Process community’s welfare.” An EIA is a
The EIA process aims to: process a proponent undertakes before
• Enhance planning and guide deci- an ECC is issued.
sion-making. An Environmental Compliance Cer-
• Develop measures to reduce if tificate (ECC) is a “decision document
not totally eliminate adverse en- issued to the proponent after thorough
vironmental impacts of proposed review of the EIA Report.” The ECC
actions outlines the commitments of the propo-
• Appropriately advise GAs and nent that are necessary for the project
LGUs on environmental consider- to comply with existing environmental
ations in their planning and deci- regulations or to operate within best
sion-making when proponents environmental practice that are not
apply for permits, clearances, currently covered by existing laws.
licenses, endorsements, resolu-
tions and other government ap- 4. EIA Process within the
provals. Project Cycle
• Provide the basis of a covenant Malacanang Executive Order 291
on environmental management in 1996 and Administrative Order 42
between proponents and society, in 2002 direct proponents to simul-
through the Environmental Com- taneously conduct the EIA and the
pliance Certificate (ECC) issued Feasibility Study (FS) of the proposed
by the EMB-DENR project in order to maximize the use
of resources. The integration of the
3. EIA and ECC Defined EIS System early into the project de-
An Environmental Impact Assess- velopment cycle intends to enhance
ment (EIA) is a “process that involves and promote its desired function as a
! #$%&' ()%*& '+$ ,-& ./*)0,$1 2&3,+$ 4/* 5.! 6&7%&8&$0 +/ ,-& 6&7%0&* 9$+3&*)$4: ;4/)4: +' <!= 2==3@3 "

planning tool for sustainable economic b) At FS stage, the proponent initi-


development and environmental ates the detailed environmental impact
planning and conservation in order assessment. The formulated Environ-
to ensure that national development mental Management Plan (EMP) and
goals are achieved as planned and corresponding costs and benefits are
without delay. then inputted into the FS as a basis for
The EIA study identifies the environ- decision making of the proponent on
mental impacts of the project and shall its final project option, siting and de-
provide recommendations/guidance sign. The proponent is able to identify
at various stages of the project cycle. the range of actions it can take and con-
Figure 2 is a schematic representation sider project alternatives prior to final
of the relationship between the EIA decision for the Detailed Engineering
process as built in the project cycle. Design (DED).
a) Between the Project Concept
and Pre-Feasibility Stages of the project ., %0 4, ,-%0 0,4A& 8-&/ ,-& '+$B4: 5.! 2,)*1
cycle, EIA-related activities include '+$ 5CC 4DD:%34,%+/ %0 %/%,%4,&*. ! D+0%,%7&
self-screening to determine coverage $&7%&8 4/* &74:)4,%+/ +' ,-& 0)FB%,,&* 5.!
within the PEISS. If covered, the propo- *+3)B&/,4,%+/ 8%:: $&0):, ,+ 4/ %00)4/3& +'
nent prepares all requirements for the 4/ 5;#@<5G6 *&3%0%+/ *+3)B&/, 3+/,4%/@
application process and undertakes an %/A ,-& D$+D+/&/,H0 3+BB%,B&/,0 4/* +,-&$
initial rapid site and impact assessment $&I)%$&B&/,0 '+$ ,-& D$+D+/&/, ,+ 3+BD:1
to determine the criticality of the proj- 8%,- &J%0,%/A &/7%$+/B&/,4: $&A):4,%+/0 4/*
ect location and have an initial scope &/7%$+/B&/,4: F&0, D$43,%3&0.
of key issues.

Figure 1. The EIA Process within the Project Cycle


# ! #$%&' ()%*& '+$ ,-& ./*)0,$1 2&3,+$ 4/* 5.! 6&7%&8&$0 +/ ,-& 6&7%0&* 9$+3&*)$4: ;4/)4: +' <!= 2==3@3

c) During the DED stage, the pro-


ponent is presumed to have secured
the ECC and the generic measures
identified during the EIA study at the FS
stage will now be detailed based on the
project facility design and operational
specifications.
d) At the start of Project Construc-
tion/Development/Operations and
throughout the project lifetime, en-
vironmental mitigation measures are
fully implemented, and monitoring of
the proponent’s environmental perfor-
mance is continuously done.
e) Findings and learnings from Op- Where there are yet no standards or
erations are fed back into the project where there is a lack of explicit defini-
cycle for continual improvement of the tions in existing laws, the EIA process
project. There is constant updating of fills in the gap and provides appropri-
the environmental management plans ate cover for environmental protection
of the project. Major improvements and enhancement-related actions.
may need new formal applications for
DENR approvals.
K+$ &J4BD:&L $&D:43&B&/, D:4/,%/A +' ,$&&0
It is during the FS stage when a
,-4, B41 F& 3), 4, D$+M&3, 3+/0,$)3,%+/
proponent is able to identify the range
0,4A& %0 /+, 4 $&I)%$&B&/, )/*&$ 4/1 &/7%@
of actions it can take and consider
$+/B&/,4: :48. N+8&7&$L %, B41 F& %/3:)*&*
project alternatives prior to final deci-
%/ ,-& 5CC 40 4 3+/,$43,)4: +F:%A4,%+/ 4/*
sion for the DED. It is therefore the
3+BB%,B&/, +' ,-& D$+M&3, D$+D+/&/, ,+
most ideal stage in the project cycle
,-& <5G6.
wherein the EIA study will have most
significant use.
6. The EIA Process in Relation to
5. The EIA Process in Relation to Requirements of Other Agencies
the Enforcement of Other Laws The EIA Process undertakes a com-
The PEISS is supplementary and prehensive and integrated approach in
complementary to other existing the review and evaluation of environ-
environmental laws. It identifies the ment-related concerns of GAs, LGUs
likely environmental issues or im- and the general public. EIA findings
pacts that may be recommended later provide guidance and recommenda-
for coverage by regional environ- tions to these entities as a basis for their
mental permits and other permitting decision making process.
requirements of regulatory bodies DENR Memo Circular No. 2007-08
like the Clean Air Act and the Clean issued on 13 July 2007 stipulates the
Water Act. following:
! #$%&' ()%*& '+$ ,-& ./*)0,$1 2&3,+$ 4/* 5.! 6&7%&8&$0 +/ ,-& 6&7%0&* 9$+3&*)$4: ;4/)4: +' <!= 2==3@3 $

i) “No permits and/or clearances


issued by other National Government (!0 4/* O(P0 -47& ,-& +D,%+/ ,+ 433&D,L
Agencies and Local Government Units B+*%'1 +$ *%0$&A4$* ,-& $&3+BB&/*4,%+/0
shall be required in the processing of %/ ,-& 5CC. They will have to justify to
ECC or CNC applications. the public the basis of their decision
ii) The findings and recommenda- pertinent to said recommendations
tions of the EIA shall be transmitted to found in the ECC.
relevant government agencies for them
to integrate in their decision making pri- Projects classified as ECPs or lo-
or to the issuance of clearances, permits cated in ECAs established prior to
and licenses under their mandates. 1982 although not required to secure
iii) The issuance of an ECC or CNC ECCs, shall be monitored for compli-
for a project under the EIS System does ance to other environmental laws as
not exempt the proponent from secur- earlier enumerated. Environmental
ing other government permits and clear- monitoring of projects not required
ances as required by other laws.” to undergo the EIA Process shall be
Issues outside the EMB-DENR pur- under the purview of any or all of the
view, such as zoning and land jurisdic- following entities:
tion issues are considered and evaluated • Lead Government Agency, which
within the EIA review process but the has direct jurisdiction over the
resolution are still within the responsi- project such as:
bility of the GA or the LGU. – Environmental Unit of the
DOE for non-covered energy
projects,
The final decision whether a project will
– Environmental Unit of the MGB
F& %BD:&B&/,&* +$ /+, :%&0 &%,-&$ 8%,- ,-&
for non-covered mineral mining
O(P0 8-+ -47& 0D4,%4: M)$%0*%3,%+/ +7&$ ,-&
projects, and,
D$+M&3, +$ 8%,- ,-& :&4* A+7&$/B&/, 4A&/31
– Environmental Unit of the
8-+ -40 0&3,+$4: B4/*4,& ,+ D$+B+,& ,-&
DPWH for non-covered roads
A+7&$/B&/, D$+A$4B 8-&$& ,-& D$+M&3,
and bridges, etc.
F&:+/A0L &.A. <Q5 '+$ &/&$A1 D$+M&3,0R
• Other GAs who may have man-
<5G6@;(# '+$ B%/%/A D$+M&3,0.
dates over the project, e.g.,
National Operations Center for
EIA findings are to be viewed as Oil Pollution (NOCOP) of the
recommendations that provide guid- Philippine Coast Guard for non-
ance to GAs and LGUs to their decision covered offshore energy projects;
making process. The Manual stresses and,
that it is the EIA findings and recom- • LGUs who have jurisdiction over
mendations, which shall be transmit- the project area, especially in
ted through the ECC for consideration cases when there are no required
of other GAs and LGUs prior to their DENR regional permits or other
issuance of government documents GA approvals that cover the
within their respective mandates. project.
% ! #$%&' ()%*& '+$ ,-& ./*)0,$1 2&3,+$ 4/* 5.! 6&7%&8&$0 +/ ,-& 6&7%0&* 9$+3&*)$4: ;4/)4: +' <!= 2==3@3

The primacy of jurisdiction is 7. The EIA Process


respected in the enforcement of ECC There are six stages in the generic
recommendations related to the man- EIA process (Figure 2) particularly in
date of LGUs and other GAs. Hence, filing for an EIA leading to an ECC.
the corresponding penalties and sanc- The proponent initiates the first three
tions as regards enforcement of ECC stages while the EMB takes the lead
recommendations shall primarily be in the last three stages (Please refer to
imposed by the LGU or GA under Legend as guide).
whose mandate violations have been a. Project Screening - This is the
committed (e.g., observance of build- first step that the proponent initiates
ing code and occupational safety and to determine if a project would be
health requirements). covered or not by the PEISS. If a project

1*+R&2- F2*&&')'3

EIA R<OGE=<6 NO EIA

&). F-79Q
/<;<56V F2+1)'3 1
G
9$+D+/&/,@*$%7&/ &). FAG6I 8 *<B>=A 1=<B4=4AE>5 N
<5G6@5;# *$%7&/ NI 1=>?<@A 1=>B>5<5A 4H 4 *<OGE=<P C
D<5A J>= &22
9$+D+/&/,@*$%7&/ F),
E
+),0%*& ,-& 5.! 9$+3&00 40 2:45;< @
$&I)%$&B&/,0 4$& )/*&$ ,-& 1=>?<@A BC458 *&()&U 456 &(./7.-)+'
*<C>@4A< >J &). 4H J4@ECEA4A<6 NI 9&'*P
B4/*4,& +' +,-&$ &/,%,%&0 1=>?<@A &,K
9)F:%3 %/7+:7&B&/,L 8-%3- )
,1D%34::1 F&A%/0 4, 03+D%/A 5
F), B41 +33)$ 4, 4/1 0,4A& L
+' ,-& 5.! D$+3&00. 9&'Q )FF7& &22 SEA: =<@>DD<564AE>5H A> >A:<=
&22 <5AEAE<H SEA: D4564A< >5 A:< B=>?<@A >
C
F<@G=< 5<@<HH4=I B<=DEAH 8 @C<4=45@<H J=>D >A:<= &,K L
9ELEHE>5HM 9&'* KG=<4GHM >A:<= 3.H 456 /37H <
D
&TB45HE>5 8 1=>?<@A
modifications
)DBC<D<5A4AE>5 <
5
&'()*+',&'-./ ),1.2- ,+')-+*)'3 A
456 &(./7.-)+' 8 .79)-
Figure 2. The EIA Process
! #$%&' ()%*& '+$ ,-& ./*)0,$1 2&3,+$ 4/* 5.! 6&7%&8&$0 +/ ,-& 6&7%0&* 9$+3&*)$4: ;4/)4: +' <!= 2==3@3 W

is covered, this step helps to identify tion 2146 wherein significant envi-
what document the project should ronmental impacts are expected if
prepare along with other requirements certain types/thresholds of proposed
needed for certification. Online assis- projects are located, developed or
tance is provided at www.emb.gov. implemented in it.”
ph/eia-adb. Coverage is governed by Projects not considered as ECPs
the following concepts as defined: or ECAs may be considered as not
Environmentally Critical Projects covered and hence may or may not
or ECPs are “undertakings belonging apply for a Certificate of Non-Cover-
to project types declared through Proc- age (CNC). Table 1 shows the four
lamation No. 2146 and Proclamation (4) ECP project types and 12 ECA
No. 803 which may pose significant categories that have been declared
negative environmental impact at cer- through Proclamation No. 2146
tain thresholds of operation regardless (1981) and Proclamation No. 803
of location.” (1996). A project is considered as
Environmentally Critical Areas or falling under ECA if it is confirmed
ECAs are “environmentally sensitive ECA by any one among the 12 cat-
areas declared through Proclama- egories.

-4NC< Y. FGDD4=I /EHA >J &5LE=>5D<5A4CCI 2=EAE@4C 1=>?<@A Z&21[ -IB<H


456 &5LE=>5D<5A4CCI 2=EAE@4C .=<4 Z&2.[ 24A<;>=E<H

.. /EHA >J &21H


@ !0 *&3:4$&* F1 9$+3:4B4,%+/ G+. 214U V1WX1Y
1 N&471 ./*)0,$%&0 Z G+/@'&$$+)0 ;&,4: ./*)0,$%&0L .$+/ 4/* 2,&&: ;%::0L 9&,$+:&)B 4/*
9&,$+@3-&B%34: ./*)0,$%&0 %/3:)*%/A Q%: [ (40L 2B&:,%/A 9:4/,0

2 6&0+)$3& 5J,$43,%7& ./*)0,$%&0 Z ;4M+$ ;%/%/A [ \)4$$1%/A 9$+M&3,0L K+$&0,$1 9$+M&3,0


V:+AA%/AL B4M+$ 8++* D$+3&00%/A D$+M&3,0L %/,$+*)3,%+/ +' '4)/4 V&J+,%3 4/%B4:0Y %/ D)F:%3
4/* D$%74,& '+$&0,0L '+$&0, +33)D4/31L &J,$43,%+/ +' B4/A$+7& D$+*)3,0L A$4]%/AYL K%0-&$1
Projects (dikes for/ and fishpond development projects)

3 ./'$40,$)3,)$& 9$+M&3,0 Z ;4M+$ <4B0L ;4M+$ 9+8&$ 9:4/,0 V'+00%:@')&:&*L /)3:&4$ ')&:&*L
-1*$+&:&3,$%3 +$ A&+,-&$B4:YL ;4M+$ 6&3:4B4,%+/ 9$+M&3,0L

@ !0 *&3:4$&* F1 9$+3:4B4,%+/ G+. X=3 V1WWUY

4 !:: A+:' 3+)$0& D$+M&3,0

K. /EHA >J &2. 24A<;>=E<H @ !0 *&3:4$&* F1 9$+3:4B4,%+/ G+. 214U V1WX1Y

1 !:: 4$&40 *&3:4$&* F1 :48 40 /4,%+/4: D4$^0L 84,&$0-&* $&0&$7&0L 8%:*:%'& D$&0&$7&0L
04/3,)4$%&0
\ ! #$%&' ()%*& '+$ ,-& ./*)0,$1 2&3,+$ 4/* 5.! 6&7%&8&$0 +/ ,-& 6&7%0&* 9$+3&*)$4: ;4/)4: +' <!= 2==3@3

2 !$&40 0&, 40%*& 40 4&0,-&,%3 D+,&/,%4: ,+)$%0, 0D+,0

3 !$&40 8-%3- 3+/0,%,),& ,-& -4F%,4, +' 4/1 &/*4/A&$&* +$ ,-$&4,&/&* 0D&3%&0 +' 9-%:%DD%/&
wildlife (flora and fauna)

4 Areas of unique historic, archaeological, or scientific interests

5 !$&40 8-%3- 4$& ,$4*%,%+/4::1 +33)D%&* F1 3):,)$4: 3+BB)/%,%&0 +$ ,$%F&0

U Areas frequently visited and/or hard-hit by natural calamities (geologic hazards, floods,
,1D-++/0L 7+:34/%3 43,%7%,1L &,3.Y

c !$&40 8%,- 3$%,%34: 0:+D&0

X Areas classified as prime agricultural lands

W 6&3-4$A&* 4$&40 +' 4I)%'&$0

1= _4,&$ F+*%&0 3-4$43,&$%]&* F1 +/& +$ 4/1 3+BF%/4,%+/ +' ,-& '+::+8%/A 3+/*%,%+/0`
,4DD&* '+$ *+B&0,%3 D)$D+0&0R 8%,-%/ ,-& 3+/,$+::&* 4/*a+$ D$+,&3,&* 4$&40 *&3:4$&* F1
appropriate authorities; which support wildlife and fishery activities

11 ;4/A$+7& 4$&40 3-4$43,&$%]&* F1 +/& +$ 4/1 3+BF%/4,%+/ +' ,-& '+::+8%/A 3+/*%,%+/0`
8%,- D$%B4$1 D$%0,%/& 4/* *&/0& 1+)/A A$+8,-R 4*M+%/%/A B+),- +' B4M+$ $%7&$ 010,&B0R
near or adjacent to traditional productive fry or fishing grounds; areas which act as
natural buffers against shore erosion, strong winds and storm floods; areas on which
D&+D:& 4$& *&D&/*&/, '+$ ,-&%$ :%7&:%-++*.

12 C+$4: $&&'0 3-4$43,&$%]&* F1 +/& +$ 4/1 3+BF%/4,%+/ +' ,-& '+::+8%/A 3+/*%,%+/0` _%,-
50% and above live coralline cover; Spawning and nursery grounds for fish; Act as
/4,)$4: F$&4^84,&$ +' 3+40,:%/&0

Before a project location is con- that the project location lies within an
sidered in a Non-ECA (NECA), all of ECA. DENR can only certify ECAs with-
the relevant ECA categories have to in its own mandate for instance; water
be confirmed by the proponent. Man- bodies to be certified by EMB-DENR;
dated agencies have to certify that the NIPAS areas, wildlife habitats and man-
project area/location being applied for grove areas, by PAWB/CENRO/PENRO;
is “not an ECA” based on EMB-DENR geologic hazard areas and areas of criti-
prescribed technical descriptions. EMB cal slope, by DENR-MGB.
will decide on the relevance of the ECA
categories to the project location. d-& F)$*&/ +' D$++' :%&0 8%,- ,-& D$+D+/&/,
If the agency with jurisdiction on the %/ D$+7%/A ,-4, ,-& D$+M&3, %0 :+34,&* %/
ECA cannot confirm the ECA status of G5C!0e
the project, it is advisable to presume
! #$%&' ()%*& '+$ ,-& ./*)0,$1 2&3,+$ 4/* 5.! 6&7%&8&$0 +/ ,-& 6&7%0&* 9$+3&*)$4: ;4/)4: +' <!= 2==3@3 ]

Table 2 provides a summary of project Groupings under the Revised Proce-


dural Manual.

-4NC< !. 1=>?<@A 3=>GBE5;H

1=>?<@A FGNP;=>GBH
,4E5 &TEHAE5; SEA: &22 NGA SEA:
1=>?<@A Proposal for Modification or +B<=4AE5; S8>
3=>GBH 9<H@=EBAE>5 '<SH *<HGDBAE>5 >J +B<=4AE>5 &22

. 2%/A:& 5C9 %/ 5C! +$ .@! .@# .@C


G5C!
.. 2%/A:& G5C9f %/ 5C! .. @ ! .. @ # .. @ C
... 2%/A:& G5C9 %/ G5C! ... @ ! G+, 4DD:%34F:& G+, 4DD:%34F:&
.g C+@:+34,&*ff .g @ ! .g @ # .g @ C
9$+M&3,0 %/ &%,-&$ 5C!
+$ G5C!
g Unclassified Projects*** g@! G+, 4DD:%34F:& G+, 4DD:%34F:&

For Group II projects, there are additional 16 project types that may be located
in any of the 12 ECAs, and these are presented in Table 3.
f G5C9 Z G+/@5C9
ff C+@:+34,&* 9$+M&3,0 @ ! 3+@:+34,&* D$+M&3, %0 4 A$+)D +' 0%/A:& D$+M&3,0L )/*&$ +/& +$ B+$& 9$+D+/&/,0a:+34,+$0L :+34,&* %/
4 3+/,%A)+)0 4$&4 4/* B4/4A&* F1 +/& 4*B%/%0,$4,+$L 8-+ %0 4:0+ ,-& 5CC 4DD:%34/,.
*** Unclassified Projects - These are projects not listed in any of the groups, e.g. projects using new processes/technologies
8%,- )/3&$,4%/ %BD43,0.
Y^ ! #$%&' ()%*& '+$ ,-& ./*)0,$1 2&3,+$ 4/* 5.! 6&7%&8&$0 +/ ,-& 6&7%0&* 9$+3&*)$4: ;4/)4: +' <!= 2==3@3

-4NC< ". FGDD4=I /EHA >J .66EAE>54C '>5P&5LE=>5D<5A4CCI 2=EAE@4C 1=>?<@A Z'&21[
Types in ECAs Classified Under Group II

1. !A$%3):,)$& %/*)0,$1 W. 9%D&:%/& D$+M&3,0


2 #)%:*%/A0L 0,+$4A& '43%:%,%&0 1=. d&J,%:&L 8++* [ $)FF&$
[ +,-&$ 0,$)3,)$&0 %/*)0,$%&0
3. C-&B%34: %/*)0,$%&0 11. d+)$%0B %/*)0,$1
4. C+,,4A& %/*)0,$%&0 12. d$4/0D+$, ,&$B%/4: '43%:%,%&0
5. <&B+/0,$4,%+/ [ D%:+, D$+M&3,0 13. _40,& B4/4A&B&/, D$+M&3,0
U. 5/7%$+/B&/,4: &/-4/3&B&/, 14. _4,&$ 0)DD:1L %$$%A4,%+/ +$
& mitigation projects flood control projects
c. K++* [ $&:4,&* %/*)0,$%&0 15. d$&40)$& -)/,%/A %/ G.9!2 4$&40
X. 943^4A%/A B4,&$%4:0 [ B%03&::4/&+)0 1U. _%:*:%'& '4$B%/A +$ 4/1 $&:4,&*
products industries projects as defined by PAWB

b. EIA Study Scoping – Otherwise for the EIA Study;


known simply as scoping, is a pro- • Issues and concerns on the
ponent-driven multi-sectoral formal proposed project pertinent to
process of determining the focused the mandates of various GAs
Terms of Reference of the EIA Study. and concerns of various sectors
It specifically attempts to achieve the are raised and those that can be
following: addressed at this stage are acted
• To more definitely establish and upon by participating sectors;
focus requirements; and,
• To provide the proponent and • Other relevant issues are incor-
the stakeholders the final scope porated for further assessment
of work and terms of reference during the EIA Study.
! #$%&' ()%*& '+$ ,-& ./*)0,$1 2&3,+$ 4/* 5.! 6&7%&8&$0 +/ ,-& 6&7%0&* 9$+3&*)$4: ;4/)4: +' <!= 2==3@3 YY

c. Conduct of the EIA Study and


9)F:%3 23+D%/A '+$ 95.2a5.2@F40&* /&8 D$+M@ Preparation of the EIA Report – The
&3,0 %0 /+8 B+$& B&4/%/A'): 40 3+BB)/%,1 proponent prepares the EIA study and a
%/D),0 8%:: D$&3&*& ,-& d&3-/%34: 23+D%/A +' report that includes a description of the
,-& 5.! 6&7%&8 d&4B 8%,- ,-& D$+D+/&/,L proposed project and its alternatives
4/* 8%:: F& '+$B4::1 3+/0%*&$&* F&'+$& ,-& and an Environmental Management
0%A/@+'' +' ,-& 23+D%/A C-&3^:%0, ,-4, 3+B@ and Monitoring Plan. The proponent
prises the final TOR of the EIA Study. then pays the filing fee and the Review
Support Fund.
Y! ! #$%&' ()%*& '+$ ,-& ./*)0,$1 2&3,+$ 4/* 5.! 6&7%&8&$0 +/ ,-& 6&7%0&* 9$+3&*)$4: ;4/)4: +' <!= 2==3@3

There are seven (7) major EIA Report types (Please see details in the Proce-
dural Manual or EMB website) as summarized in Table 4 based on group and
project types.

-4NC< #. *<OGE=<6 9>@GD<5AH NI 1=>?<@A 3=>GB

1*+R&2- 3*+71F8F7KP3*+71F *&_7)*&9


(Refer to PM Annex 2-1 for more defined classification) 1*+R&2- -Q1& 9+27,&'-F

)V &21H E5 <EA:<= . @ !` G&8 2%/A:& 9$+M&3,0 5.2


&2. >= '&2.
. @ #` 5J%0,%/A 9$+M&3,0 '+$ 2%/A:& 9$+M&3,0 596;94Y
Modification or Re-start up

. @ C` QD&$4,%/A 8%,-+), 5CC 2%/A:& 9$+M&3,0

))V '&21H E5 .. @ !` G&8 2%/A:& 9$+M&3,0 5.2


&2.
.556FY

.55C3Y

9<6*Y

.. @ #` 5J%0,%/A 9$+M&3,0 '+$ 2%/A:& 9$+M&3,0 596;9


Modification or Re-start up

.. @ C` QD&$4,%/A 8%,-+), 5CC 2%/A:& 9$+M&3,0 9<6@6&I)%$&*

)))V '&21H E5 ... @ !1` G&8 2%/A:& 9$+M&3,0 9<6@QD,%+/4:


&2. V5/-4/3&B&/, [ ;%,%A4,%+/Y
2%/A:& 9$+M&3,0
... @ !2` G&8
V!:: Q,-&$ ($+)D .. 9$+M&3,
d1D&0 a 2)F@,1D&0 %/ G5C!Y

4Y
5/7%$+/B&/,4: 9&$'+$B4/3& 6&D+$, 4/* ;4/4A&B&/, 9:4/
FY
./%,%4: 5/7%$+/B&/,4: 5J4B%/4,%+/ 6&D+$,
3Y
./%,%4: 5/7%$+/B&/,4: 5J4B%/4,%+/ C-&3^:%0, D$&03$%F&* F1 ,-& 5;#
*Y
9$+M&3, <&03$%D,%+/ 6&D+$,
! #$%&' ()%*& '+$ ,-& ./*)0,$1 2&3,+$ 4/* 5.! 6&7%&8&$0 +/ ,-& 6&7%0&* 9$+3&*)$4: ;4/)4: +' <!= 2==3@3 Y"

1*+R&2- 3*+71F8F7KP3*+71F *&_7)*&9


(Refer to PM Annex 2-1 for more defined classification) 1*+R&2- -Q1& 9+27,&'-F

)(V 2>PC>@4A<6 .g @ !` G&8 C+@:+34,&* 596;9


1=>?<@AH 9$+M&3,0
B4M+$%,1
($+)D .

C+@:+34,&*
9$+M&3,0
B4M+$%,1
($+)D ..

.g @ #` 5J%0,%/A 9$+M&3,0 '+$ C+@:+34,&* 9<6@6&I)%$&*


Modification or Re-start up of 9$+M&3,0
C+@:+34,&* 9$+M&3,0 B4M+$%,1
($+)D .

C+@:+34,&* 9<6@QD,%+/4:
9$+M&3,0
B4M+$%,1
($+)D ..

.g @ C` QD&$4,%/A 8a+ 5CC C+@:+34,&* 9596;9&Y


9$+M&3,0
B4M+$%,1
($+)D .

C+@:+34,&*
9$+M&3,0
B4M+$%,1
($+)D ..

V: Unclassified g @ !` G&8 9<6@6&I)%$&*


1=>?<@AH
&Y
9$+A$4BB4,%3 5/7%$+/B&/,4: 9&$'+$B4/3& 6&D+$, 4/* ;4/4A&B&/, 9:4/
Y# ! #$%&' ()%*& '+$ ,-& ./*)0,$1 2&3,+$ 4/* 5.! 6&7%&8&$0 +/ ,-& 6&7%0&* 9$+3&*)$4: ;4/)4: +' <!= 2==3@3

Contents of an EIA Report iv) Environmental Management


A typical EIA Report has the follow- Plan specifying the impacts mitiga-
ing substantive contents: tion plan, areas of public information,
i) Project Description presents its education and communication, so-
location, scale and duration, rationale, cial development program proposal,
alternatives, phases and components, environmental monitoring plans (for
resource requirements, manpower EIS-based projects) and the correspond-
complement, estimation of waste gen- ing institutional and financial require-
eration from the most critical project ments/ arrangements.
activities and environmental aspects,
and project cost. Key Improvements
ii) Baseline Environmental Descrip- on the EIA Reports
tion of the land, water, air and people, Enhancements on EIA Reporting
with due focused on the sectors and are incorporated in the revised Proce-
resources most significantly affected dural Manual as follows:
by the proposed action. • Number of Pages. The Manual
iii) Impact Assessment that is fo- fixes an estimated limit on the
cused on significant environmental number of EIA Report pages. It
impacts per project stage (pre-construc- requires an upfront submission of
tion, construction/development, op- substantive analysis, key findings
eration and decommissioning stages), and conclusions on environmen-
taking into account cumulative, un- tal characterization, with due
avoidable and residual impacts. comparisons to Philippine stan-
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dards, typical baseline environ- EMP in the EIA are the most
mental values, country statistics useful/critical inputs in the inte-
or other acceptable reference gration of environmental/social
standards. Non-compliance to the concerns in the FS preparation
prescribed number of pages of the of the proponent;
report is not a basis for denial of • To provide guidance (through
acceptance of any application for the EMMoP and ECC) in down-
ECC or CNC. stream activities such as land use
• Resubmissions. The “FINAL” ver- planning and project siting, and
sion of the EIA Reports (excluding continual integration of environ-
IEE Checklists and PDRs) now mental/social considerations in
requires an integration of all Ad- the detailed engineering design,
ditional Information/Review Find- construction, operations and
ings and Recommendations. abandonment;
• Provision of templates and other • To provide guidance to other GAs
pro-forma documents for orga- and LGUs on critical EIA findings
nized and direct-to-the-point that should be considered in their
presentation of information, as- approval process for the project;
sessments, management and and,
monitoring plans. • To guide the proponent and
• Organized Presentation of Im- stakeholders on impact validation
pacts. Baseline information, im- and assessment of effectiveness of
pact assessment and mitigation measures for continuing respon-
by ecosystem are now to be pre- sive improvement of environmen-
sented by impact areas pertain- tal performance.
ing to land, water,
air and people for
a more integrated
analysis and mitiga-
tion of environmen-
tal quality.
d. Review and Evalu-
ation – Prior to the issu-
ance of the ECC, the EMB
reviews and evaluates the
proponent’s EIA Report.
Objectives of the review
are:
• To ensure the na-
ture, quality and
quantity of data,
impact assessment
and crafting of the
Y% ! #$%&' ()%*& '+$ ,-& ./*)0,$1 2&3,+$ 4/* 5.! 6&7%&8&$0 +/ ,-& 6&7%0&* 9$+3&*)$4: ;4/)4: +' <!= 2==3@3

The review normally entails an the sworn undertaking of full


EMB procedural screening for compli- responsibility over implemen-
ance to minimum requirements speci- tation of specified measures
fied during Scoping, followed by a which are necessary to comply
substantive review. Third party experts with existing environmental
are commissioned by EMB as the EIA regulations or to operate within
Review Committee for PEIS/EIS-based best environmental practices
applications, or DENR/EMB internal that are not currently covered
specialists, the Technical Commit- by existing laws.
tee, for IEE-based applications. EMB • CNC – it certifies that, based on
evaluates the EIARC recommendations the submitted Project Description
and the public’s inputs during public Report, the project is not covered
consultations/hearings in the process by the EIS System and is not re-
of recommending a decision on the quired to secure an ECC.
application. (Kindly refer to a separate • Denial Letter – contains the
Review Manual to address this section decision and explanation for the
in detail.) disapproval of the application
e. Decisions on EIA Applications as well as guidance on how the
application can be improved to a
d-& *&3%0%+/ +/ 5.! 4DD:%34,%+/0 %0 7&0,&* level of acceptability.
+/:1 +/ ,-& 9$&0%*&/, +' ,-& 6&D)F:%3 4/*
,-& <5G6a5;#. d-& 5;#@<5G6 *&3%0%+/ ,+ *&/1 +$ A$4/,
4/ 5CC %0 4 *&:&A4,&* 4),-+$%,1 4/* 3+):*
Decisions are based on the fol- /+, F& ')$,-&$ *&:&A4,&* F&1+/* 8-4, %0
lowing: 0,%D):4,&* %/ !Q 42. 2)3- %0 ,-& 340& +'
• Striking balance between socio- 2)F%3 #41 <&7&:+DB&/, ;4/4A&B&/, !)@
economic growth and environ- ,-+$%,1 V2#<;!Y 8%,- ,-& 2)D$&B& C+)$,
mental protection; *&3%0%+/ ,-4, ,-& *&:&A4,%+/ +' 4),-+$%,1
• Utilizing environmental and so- F1 ,-& 2&3$&,4$1 <5G6 ,+ 2#<;! %0
cio-economic criteria; and, /+, 74:%*. N&/3& 2#<;! 3+):* /+, %00)&
• Considering that the primacy of ,-& 5CC.
jurisdiction of other GAs and
LGUs are respected and sup- Main Parts and Salient
ported. Features of the ECC
The ECC is composed of three (3)
Decision Documents parts with the following features:
• ECC – is issued as a certificate • First Part: The certificate of
of Environmental Compliance environmental compliance com-
Commitment to which the mitment defines the scope and
proponent conforms with, after limits of the project, in terms of
EMB-DENR explains the ECC capacity, area, technology or pro-
conditions. The proponent signs cess. Both endorsing and issuing
! #$%&' ()%*& '+$ ,-& ./*)0,$1 2&3,+$ 4/* 5.! 6&7%&8&$0 +/ ,-& 6&7%0&* 9$+3&*)$4: ;4/)4: +' <!= 2==3@3 YW

authorities are signatories to this • Compliance to the conditions set


portion of the ECC. in the ECC;
• Second Part: This serves as Annex • Compliance with the Environ-
A of the ECC and lists the condi- mental Management Plan (EMP);
tions within the mandate of the • Effectiveness of environmental
EMB. Non-compliance to any of measures on prevention or miti-
the conditions may be imposed a gation of actual project impacts
corresponding penalty. The pro- vis-a-vis predicted impacts used
ponent commits to fully comply as basis for the EMP design; and
with the ECC through its Sworn • Continual updating of the EMP
Statement of Full Responsibil- for sustained responsiveness to
ity to implement the mitigation project operations and project
measures. impacts.
• Third Part: As Annex B of the
ECC, it provides the EIA Review Projects not Subject to Monitoring
Committee’s recommendations to • Projects issued CNCs, and
the proponent, as well as sugges- • Projects issued ECCs under the
tions to government agencies and old Implementing Rules and
LGUs who have mandates over Regulations of PD 1586 but are
the project. They may integrate now non-covered.
the EIA findings into their decision- Environmental monitoring of these
making process. The EIARC Chair, projects shall be under the purview of
the EMB Chief and the EMB Direc- any or all of the following entities (this
tor/Regional Director affix their line has no bullet please – printout kasi
signatures to this portion of the ECC. has bullet):
This last part of the ECC is formally • EMB-Pollution Control Division
transmitted by the EMB-DENR to (PCD)/Environmental Quality
the concerned GAs and LGUs. Division (EQD) in cases when
the projects are covered by other
Decision Timelines environmental permitting require-
Decisions on applications are made ments of the EMB-DENR such as
within prescribed timelines within the permits for air/water pollution
control of DENR, otherwise, the appli- sources and facilities and/or per-
cation shall be deemed automatically mits for toxic substances/hazard-
approved, with the issuance of the ap- ous waste generation, storage,
proval document within five (5) work- transport and disposal;
ing days from the time the prescribed • Lead GA or LGU, which has di-
period lapsed. rect jurisdiction over the project
f. Environmental Impact Monitor- such as DOE’s environmental unit
ing and Evaluation/Audit – The last for non-covered energy projects,
stage of the EIA process as led by the MGB’s environmental unit for
EMB is monitoring and validation. It non-covered mineral mining proj-
aims to determine: ects, and DPWH’s environmental
Y\ ! #$%&' ()%*& '+$ ,-& ./*)0,$1 2&3,+$ 4/* 5.! 6&7%&8&$0 +/ ,-& 6&7%0&* 9$+3&*)$4: ;4/)4: +' <!= 2==3@3

unit for non-covered roads and


bridges.

Monitoring Responsibilities
• Self-Monitoring by the propo-
nent
• Validation of proponent’s Self
Monitoring Reports (SMR) by
Multi-partite Monitoring Team
• EMB Evaluation/Audit and Valida-
tion
Figure 3 illustrates the relationships Manual of Operations (MOO) agreed
of entities in efforts to monitor and upon amongst the Multi-partite Moni-
validate environmental performance toring Team (MMT), proponent, and
of projects covered by the PEISS. A EMB guides the MMT.

&5LE=>5D<5A4C 1=>B>5<5A
,>5EA>=E5; 456 .G6EA F<CJP,>5EA>=E5;
1C45

&,K F<CJP,>5EA>=E5;
&L4CG4AE>58.G6EA *<B>=A

,45G4C >J
+B<=4AE>5H

2>DBCE45@< />@4C ,GCAEB4=AEA<


,>5EA>=E5; 456 ,>5EA>=E5;
(4CE64AE>5 *<B>=A -<4D (4CE64AE>5
Z2,(*[

Figure 4. Delineation of Roles at Monitoring and Validation


! #$%&' ()%*& '+$ ,-& ./*)0,$1 2&3,+$ 4/* 5.! 6&7%&8&$0 +/ ,-& 6&7%0&* 9$+3&*)$4: ;4/)4: +' <!= 2==3@3 Y]

8. Operating without relieved from compliance by the pro-


an ECC or CNC ponent only upon EMB’s validation of
EIA is a planning tool. For projects the successful implementation of the
operating without an ECC or a CNC, environmental aspects/component of
the EIA is no longer applicable as the the proponent’s Abandonment/Reha-
planning stage is over. Environmental bilitation/Decommissioning Plan. This
impacts of an on-going project are pre-condition for ECC validity applies
based on actual performance and com- to all projects including those wherein
pliance to environmental standards as ECC expiry dates have been specified
required under existing environmental in the ECC.
laws. An Environmental Performance The ECC automatically expires if
Management Review is carried out and a project has not been implemented
conditions relating to the operation and within five (5) years from ECC is-
abandonment may be required. suance. ECC extensions have to be
filed within three (3) months from the
2)FB%00%+/ +' ,-& 59;6C *+&0 /+, &J&BD, expiration of its validity otherwise it
,-& D$+M&3, '$+B ,-& D&/4:,%&0 '+$ +D&$4,%/A is considered expired. If the baseline
8%,-+), 4/ 5CC +$ 4**%,%+/4: *+3)B&/,4@ characteristics have significantly
,%+/ 40 B41 F& $&I)%$&* F1 &/7%$+/B&/,4: changed to the extent that the impact
:480. assessment as embodied in the EMP is
no longer appropriate, the EMB office
concerned shall require the proponent
9. ECC Validity and Expiry to submit a new application. The EIA
Once a project is implemented, the Report on the new application shall
ECC remains valid and active for the focus only on the assessment of the
lifetime of the project. ECC conditions environmental component, which
and commitments are permanently significantly changed.
!^ ! #$%&' ()%*& '+$ ,-& ./*)0,$1 2&3,+$ 4/* 5.! 6&7%&8&$0 +/ ,-& 6&7%0&* 9$+3&*)$4: ;4/)4: +' <!= 2==3@3

Relief from ECC Commitments


The proponent, only upon suc- d-& 3+/,%/)&* 74:%*%,1 +' ,-& 5CC 0)0,4%/0
cessful implementation of the EMB- ,-& 43,%7& 3+BB%,B&/,0 +' ,-& D$+D+/&/, ,+
approved Abandonment/Decommis- 3+BD:1 8%,- 5CC 3+/*%,%+/0 8-%3- %/3:)*&0
sioning Plan is permanently relieved 3+BB%,B&/, ,+ %BD:&B&/, B%,%A4,%+/ B&4@
of ECC commitments. 0)$&0 '+$ D+,&/,%4::1 /&A4,%7& %BD43,0 4/*a+$
&/-4/3&B&/, B&40)$&0 '+$ D+,&/,%4::1 D+0%@
tive impacts as identified in the EIA Study.
Suspension of the ECC d-& 5CC %/3:)*&0 &/7%$+/B&/,4: 3+/*%,%+/0
Suspension occurs if a project the project proponent has to fulfill even after
poses grave or irreparable damage to ,-& D$+M&3, )0&'): :%'& 0)3- ,-+0& $&:4,&* ,+
the environment or there is strong vio- 4F4/*+/B&/, 4/* 0%,& $&-4F%:%,4,%+/.
lation of environmental laws but with
the corresponding requirement for the
proponent to institute environmental
management measures.
Environmental Management Bureau
Official Directory

OFFICE ADDRESS EIAMD Telephone Nos.

Central EMB Bldg., DENR Compd., Visayas Ave., Quezon City 920-2240-41; 920-
Office 2260/927-1517
928-3782 or 42 920-2246

Region 1 2nd Floor, Lee Bldg., Brgy. Lingsat, San Fernando La Union 242-3057; 700-2448/9

Region 2 EMB Nursery Compd., San Gabriel Village, Tuguegarao City, 844-4321; 844-6662
Cagayan

Region 3 4th Floor MEL-VI Bldg., O.R. Road, Dolores, San Fernando, (045) 961-5203 or
Pampanga 06860-2875

Region 4a 1515 L & S Bldg., Roxas Boulevard, Ermita Manila (CALABARZON) 522-8177

Region 4b 1515 L & S Bldg., Roxas Boulevard, Ermita Manila (MIMAROPA) 400-5960

Region 5 Regional Center, Rawis, Legaspi City (052) 482-0197 loc 124

Region 6 Pepita Aquino Avenue, Port Area, Iloilo City 336-9910; (033) 509-9133

Region 7 Banilad, Mandaue City (032) 346-1647

Region 8 Taboan, Marasbaras, Tacloban City (053) 323-4054

FORI Bldg., DENR Lantawan, Pasonanca City (062) 992-6547;


Region 9 992-7156

DENR 10 Cmpd., Macabalan, Cagayan de Oro City (08822) 726243; (088)


Region 10 856-9362

Region 11 Door 2, Felbet’s Bldg., km 7, Lanang Davao City (082) 234-0061

Region 12 4th Floor Siyambio bldg., Roxas St., Koronadal, South Cotabato (083) 22-88812

Region 13 3 Floor Gorme Bldg., Langihan Road, Butuan City


rd
(085) 341-3826

CAR DENR Cmpd., Gilbraltar, Baguio City 4(074) 446-2881

NCR 5th Floor Hizon Bldg., 29 Quezon Avenue, Quezon City 781-0484/85

LLDA 2nd Floor Asiapro Bldg., 70 San Rafael St. Brgy. Kapitolyo, (02) 631-0349; 635-6682
Pasig City
Department of Environment and Natural Resources
Environmental Management Bureau
EIAM Division
DENR Compound, Visayas Avenue, Diliman, Quezon City
Tel. Nos. 920-2240 920-2241 Email: eia@emb.gov.ph
Website: www.emb.gov.ph/eia

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