Envi 69 – EIA

ECC &
Decision on EIA
Applications
By: Jennalyn Celestino
Blessing Grace Saet
Decisions on EIA Applications
 Decision Making involves evaluation of
EIA recommendations and the draft
decision document, resulting to the
issuance of an ECC, CNC or Denial Letter.
 When approved, a covered project is
issued its certificate of Environmental
Compliance Commitment (ECC) while
an application of a non-covered project
is issued a Certificate of Non-Coverage
(CNC).
Overview of Stages of
the Philippine EIA Process
Decisions on EIA Applications
 Endorsing and deciding authorities are
designated by AO 42, and further detailed
in the Procedural Manual for DAO 2003.
Moreover, the Proponent signs a sworn
statement of full responsibility on
implementation of its commitments prior to
the release of the ECC.
 The ECC is then transmitted to concerned
LGUs and other GAs for integration into their
decision-making process.
Decisions on EIA Applications
 The regulated part of EIA Review is
limited to the processes within EMB
control. The timelines for the issuance
of decision documents provided for in
AO 42 and DAO 2003-30 are
applicable only from the time the EIA
Report is accepted for substantive
review to the time a decision is issued
on the application.
What is an ECC?
 AnECC is a certificate issued by the
Environmental Management Bureau
(EMB), a bureau under the
Department of Environment and
Natural Resources (DENR), stating that
the proponent is to continue a certain
project which concerns construction,
development, mining, farming,
aquaculture, industrial use of land, or
other purposes,
What is an ECC?
 provided that the project is subjected
to certain conditions such as timelines
for completion, solid waste
management practices, zoning
regulations, emissions testing, and
more, subject to the requirements of
the EMB.
What is an ECC?
 Thenecessary protocol in case of
project abandonment is also found in
the ECC. Non-compliance with the
conditions stated in the ECC is
punished by certain fines.
What is an ECC?
 TheECC is not actually a permit to
implement the project. It is a
certification that “the proponent has
committed to undertake or implement
mitigative measures to reduce the
negative environmental impacts to
acceptable levels.”
What is an ECC?
 The ECC certifies also that the
proponent has accomplished all the
requirements of the Environmental
Impact Statement (EIS) System and
has committed to implement its
approved Environmental
Management Plan (EMP) in the
preparation, completion,
maintenance, and abandonment of
its project.
What is an ECC?
 The issuance of an EEC does not
exempt the proponent from acquiring
other permits and clearances required
by law nor will it preclude other
government agencies from asserting
issues as regards the project when
such is within their jurisdiction.
When is it required to secure
an ECC?
 ECC’s are generally required when an
Environmental Impact Assessment
(EIA), in the form of an Environmental
Impact Statement (EIS), is required by
law to be submitted to the proper
government agency. The EIS is
submitted when applying for an ECC.
When is an EIS required?
 The EIS system was introduced by
Presidential Decree 1586 declaring
that when there are projects
undertaken that are either
Environmentally Critical Projects (ECP)
or located in Environmentally Critical
Areas (ECA), an EIS must be submitted
by the entity or person responsible for
the implementation of the project.
Who are required to secure an
ECC with respect to PD 1586
(EIS Law) and EMB issuances?
 According to the latest issuances of
the EMB and DENR regarding the ECC
with respect to the EIS, those required
to secure an ECC either due to ECP’s
or projects within ECA’s are
categorized under “Category A” and
“Category B”, respectively.
Who are required to secure an
ECC with respect to PD 1586
(EIS Law) and EMB issuances?
 Thereis a sub-classification under
each category those being new
applicants (A/B-1), those existing and
to be expanded, modified, and/or
rehabilitated (A/B-2),
Who are required to secure an
ECC with respect to PD 1586
(EIS Law) and EMB issuances?
 and those operating without an ECC
(A/B-3). All of the persons responsible
for projects which fall under any of
these categories and sub-categories
are required to secure an ECC.
How does one determine if an
ECC is required?
 ForECPs: The online application
process immediately screens those
projects which are required to acquire
an ECC and those who are merely
required to obtain a Certificate of
Non-Coverage (CNC), or even none
at all if they are not covered by the
project checking system.
How does one determine if an
ECC is required?
 ForECPs: The laws and issuances are
implicit in requiring a CNC for those
not covered by the EIS, but it is always
advised to secure a CNC in order to
ensure that the proper government
agency had certified that the project
is not an ECP and is not within an ECA.
Acquiring a CNC is the best practice.
How does one determine if an
ECC is required?
 For
projects in ECAs: If the online
project checker has determined
the project not to be an ECP, then
the ultimate determination of
whether or not a non-
environmentally critical project is
located in an ECA rests on the
EMB.
How does one determine if an
ECC is required?
 For projects in ECAs: Usually, an
Initial Environmental Examination
(IEE) checklist and its corresponding
documents are required in order to
screen the project. The EMB website
states:
How does one determine if an
ECC is required?
 Forprojects in ECAs: “In compliance with
the DENR Memorandum Circular 2010-14
dated June 29, 2010 prescribing the outline
of the contents of EIA Reports required for
ECC applications and the directive to
focus the EIA Study to the most critical
environmental impacts, project type-
specific IEE Checklist Report Form was
formulated as a proforma EIA Report for
Non-Environmentally Critical Projects
proposed to be located in Environmentally
Critical Areas (ECA).
How does one determine if an
ECC is required?
 For projects in ECAs: The formulation of the
IEE Checklist Reports is intended to simplify
and standardize the requirement for ECC
applications for non environmentally
critical projects. These IEE Checklist Report
forms likewise provide a checklist of options
for disaster and climate change risks
management and a menu of adaptation
options enhancing the use of the PEISS as a
risk-based planning and management
tool.
How does one determine if an
ECC is required?
 For projects in ECAs: To date, the
following project type specific IEE
Checklist Report Form has been
developed:
 Batching and Crushing Plants
 Building Projects
 Cemetery and other Funeral Facilities
 Fisheries, Aquaculture Projects
How does one determine if an
ECC is required?
 For
projects in ECAs: To date, the following
project type specific IEE Checklist Report
Form has been developed:
 Food, Food By-products and Beverages
Manufacturing
 Generic - Other types of Projects
 Irrigation, Flood Control & Minor Dam
Projects
 Livestock & Poultry Projects
How does one determine if an
ECC is required?
 For projects in ECAs: To date, the
following project type specific IEE
Checklist Report Form has been
developed:
 Non-Food Manufacturing Plants
 Resorts and other Tourism-Leisure
Projects
 Roads & Bridges
 Subdivision & Housing Projects
How does one determine if an
ECC is required?
 For projects in ECAs: To date, the
following project type specific IEE
Checklist Report Form has been
developed:
 Waste Management Projects
 Water Supply Projects”
Why is ECC/CNC compliance
necessary?
 There are hefty penalties and fines which
correspond to non-compliance and
violations of PD 1586 (EIS Law), and
relevant administrative issuances. In
2015, the EMB collected 7 million pesos in
fines just within Cebu alone. By
complying with the relevant laws, and
securing the necessary ECC or CNC, one
can avoid the hassle of being penalized
for non-compliance.
What is needed for an ECC
application?
 Generally
the new standardized
requirements are as follows:
 Category A: EIS
 Category B: EIS + Initial Environmental
Examination (IEE) Checklist
Main Parts and Salient
Features of the ECC

 TheECC is composed of three (3)

parts with the following features:
Main Parts and Salient
Features of the ECC
 FirstPart: The certificate of
environmental compliance
commitment, which defines the
scope and limits of the project, in
terms of capacity, area, technology
or process. Both endorsing and issuing
authorities sign-off this portion of the
ECC.
Main Parts and Salient
Features of the ECC
 Thispart of the ECC comes with a
covering letter transmitting the ECC
to the Proponent, signed off by the
deciding and signing authority
(either the DENR Secretary, EMB
Director or EMB Regional Director);
Main Parts and Salient
Features of the ECC
 Environmental Performance Report
and Management Plan (EPRMP) -
documentation of the actual
cumulative environmental impacts
and effectiveness of current
measures for single projects that are
already operating but without
ECCs.
Main Parts and Salient
Features of the ECC
 InitialEnvironmental Examination
(IEE) Report - document similar to
an EIS, but with reduced details and
depth of assessment and discussion.
Main Parts and Salient
Features of the ECC
 ProjectDescription (PD) - document, which
may also be a chapter in an EIS, that
describes the nature, configuration, use of
raw materials and natural resources,
production system, waste or pollution
generation and control and the activities of a
proposed project. It includes a description of
the use of human resources as well as activity
timelines, during the pre-construction,
construction, operation and abandonment
phases.
Main Parts and Salient
Features of the ECC
 Programmatic Environmental Impact
Statement (PEIS) - documentation of
comprehensive studies on
environmental baseline conditions of a
contiguous area. It also includes an
assessment of the carrying capacity of
the area to absorb impacts from co-
located projects such as those in
industrial estates or economic zones
(ecozones).
Main Parts and Salient
Features of the ECC
 Second Part: Annex A of the ECC
which lists the conditions within the
mandate of the EMB. Non-compliance
to any of the conditions may be
imposed a corresponding penalty.
 The Proponent commits to fully comply
to the ECC through its Sworn
Statement of Full Responsibility to
implement the mitigation measures;
Main Parts and Salient
Features of the ECC
 ThirdPart: Annex B of the ECC
which lists the EIA Review
Committee’s recommendations to
the Proponent, as well as
suggestions to the government
agencies and LGUs who have
mandates over the project so that
they can integrate the EIA findings
into their decision-making process.
Main Parts and Salient
Features of the ECC
 TheEIARC Chair, the EMB Chief and
the EMB Director/Regional Director
sign this portion of the ECC. This last
part of the ECC is formally
transmitted by the DENR-EMB to the
concerned Gas and LGUs.
Decisions on EIA Applications
 What
is a Certificate of Non-Coverage
(CNC)?
 TheCNC is a document issued by the EMB
certifying that based on the documents
submitted to them, the project is not
covered by the EIS system, and
consequently, is not required to secure an
ECC.
Decisions on EIA Applications
 Who are covered by CNC?
 According to the latest issuances and
application forms, those covered by the
CNC application are “Category C”,
“Category D”, and “Those projects
implemented prior to 1982”.
 The last category is relevant because those
projects were not yet covered by PD 1586
(EIS Law), thus they must submit to further
scrutiny.
Decisions on EIA Applications
 Who are covered by CNC?
 Category C projects are those which
directly enhance the quality of the
environment or directly address existing
environmental problems. Category D
projects are those that do not fall within
the EIS system, but may still opt to
secure a CNC. As above-mentioned, it
is the best practice to apply for and
secure a CNC.
Decisions on EIA Applications
 Who are covered by CNC?
 Category C projects are those which
directly enhance the quality of the
environment or directly address existing
environmental problems. Category D
projects are those that do not fall within
the EIS system, but may still opt to
secure a CNC. As above-mentioned, it
is the best practice to apply for and
secure a CNC.
Decisions on EIA Applications
A Denial Letter shall contain an
explanation for the disapproval of
the application and guidance on
how the application can be
improved to a level of acceptability
in the next EIA process.
Decisions on EIA Applications
 Unsatisfactory evaluation by the
EIARC or EMB of the Proponent’s
submitted Additional Information (AI)
at the end of the review process shall
be a basis for the denial of the
application. However, non-submission
of an AI within the agreed timeframe
may result only to a return of the EIA
Report.
Decisions on EIA Applications
 Should the Proponent fail to resubmit
the EIA Report within a prescribed
period, the application is considered
“dropped” (not denied). The
Proponent will thereafter have to
submit a new application with
payment of new processing fees if it
decides to pursue acquisition of an
ECC.
Decision Timelines
 Thedecisions on applications shall
be made within prescribed timelines
within the control of DENR,
otherwise, the application shall be
deemed automatically approved,
with the issuance of the approval
document within five (5) working
days from the time the prescribed
period lapsed.