WATER ENVIRONMENT ASSOCIATION OF THE PHILIPPINES

Department of Environment and Natural Resources (DENR)

Environmental Management Bureau (EMB)

Philippine Environmental Impact Statement

System (PEISS)
P. D. 1586

Speaker:
OLIVER C. BARRIENTOS
CPD, Technical Staff
DENR – Environmental Management Bureau – MIMAROPA Region
Presentation Outline

PEIS BACKGROUND ENVIRONMENTAL ENVIRONMENTAL ECC AND CNC

AND LEGAL IMPACT ASSESSMENT COMPLIANCE APPLICATION
FRAMEWORK MONITORING PROCESS

2
PEISS Background Legal
Framework Introduction
Contextualizing Events & Major
Environmental Laws

Scenario in Population
the 1960s growth

Industrial
Urbanization
expansion

Rapid natural Increasing

resources technological
utilization advances

4
  1969 – US National
Environmental Policy Act

 required all Federal agencies “to

include in every recommendation
or report on legislative proposals
& other major Federal Actions
significantly affecting the quality
Origin of of the human environment” an
environmental impact statement
(EIS).
EIA
 The methodology used to
prepare an EIS came to be known
as EIA

5
International Law References to EIA
 1972 Stockholm Convention
 1978 Kuwait Regional Convention for Cooperation on
the Protection of the Marine Environment from
Pollution
 1982 UN Convention on the Law of the Seas
 1985 World Charter for Nature
 1991 Espoo Convention
 1992 Rio Declaration
 1992 UN Framework Convention on Climate Change
 1992 Convention on Biological Diversity
1972 Stockholm Convention
The United Nations Conference on the Human
Environment, Stockholm, Sweden
June 5–16 in 1972.

Socio-Economic
Development and
Decision-Making Process

Environmental
Considerations
  Reaffirming the Declaration
adopted during the 1972
Stockholm Convention
1992 Rio
Declaration Principle 17
1992 United Nations
"Conference on  Environmental impact
8 Environment and assessment, as a national
Development" instrument, shall be undertaken
(UNCED), Earth Summit for proposed activities that are
92. likely to have a significant
Rio de Janeiro, Brazil adverse impact on the
environment and are subject to
a decision of a competent
national authority.
9
Early Adopters of EIA

1969 1975 1978 1983

US Thailand Philippines Pakistan

Australia France Israel

1974 1976 1981

10
Philippine EIS System

P.D. 1586: Philippine

P.D. 1151: Philippine P.D. 1152: Philippine Environmental Impact
Environmental Policy Environmental Code Statement
(1977) (1977)
System (1978)

Presidential Letter of Instruction

Proclamation 2146 1179 (1981) National
IRR of P.D. 1586 (1979) (1981) Major Environmental
Categories of ECPs and Protection Council
ECAs (NEPC) to issue ECC

NEPC Office Circular

No. 3 (1983) ECPs and
ECAs were given
technical definitions
PHILIPPINE EIA SYSTEM FRAMEWORK
PD 1151 Philippine Environmental Policy (6 June 1977)

PD 1586 Establishment of the Philippine EIS System & the ECC Requirement
(11 June 1978)

Presidential Proclamation 2146 (1981) Presidential Administrative Order 42

Presidential Proclamation 803 (1996) (Generic Rationalizing the Phil. EIS System
Description of Projects & Areas covered by the Philippine EIS Implementation (2 November 2002)
System)

DENR ADMINISTRATIVE ORDER (DAO) 2003-30 Implementing

Rules and Regulations for PD 1586 (30 June 2003)

Procedural Manual for DAO 2003-30 (Jan 2004 August 2007)

o MC 2010-14 – Standardization of requirements & enhancement of Public Participation in the
Streamlined Implementation of the PEISS (June 29, 2010)
o MC 2011-05 Incorporating Disaster Risk Reduction (DRR) and Climate Change Adaptation
(CCA) concerns in the Philippine EIS System (Nov.11, 2012)
o MC 2014-005-Revised Guidelines for Coverage Screening and Standardized Requirements
Philippine EIS System

 DAO 1992-21 - Amending the revised rules and

regulations implementing P.D 1586 (Environmental
Impact Statement System)
 DAO 1996-37 -Revising DENR Administrative Order
No. 21, Series OF 1992, To further strengthen the
Implementation Of The Environmental Impact
Statement
 DAO 2003-30 - Implementing Rules and Regulations
(IRR) for the Philippine Environmental Impact
Statement (EIS) System

12
PD 1151 The First
Environmental Policy (1977)
⚫ Provides the Statutory Framework of the Environmental Code
requiring the preparation of EIA for all projects that will affect
environmental quality

 Section 4 requires

“all agencies and instrumentalities of the national government, including

government owned and controlled corporations as well as private
corporations, firms and entities to prepare an environmental impact
statement (EIS) for every action, project or undertaking which
significantly affects the quality of the environment”

13
 PD 1151
PHILIPPINE ENVIRONMENTAL POLICY
 Took note of the conflicting demands of:
⚫ The individual
⚫ Population growth
⚫ Industrial expansion
⚫ Rapid natural resource utilization
⚫ Increasing technological advances

 Recognized the right of the people to a healthy environment

 Stressed the urgent need to formulate an intensive, integrated

program of environmental protection through EIA

14
PD 1151 : EIA POLICY
 Requires:
⚫ ALL agencies & instrumentalities of the national
government
⚫ Government-owned & controlled corporations
⚫ Private corporations, firms, and entities

 To prepare, file, & include in EVERY action, project or

undertaking which SIGNIFICANTLY AFFECTS the
environment

 A detailed statement xxx

15
 PD 1151 : EIA POLICY
 A detailed statement on the following:
⚫ The ENVIRONMENTAL IMPACT of the proposed action, project,
or undertaking
⚫ Any ADVERSE ENVIRONMENTAL EFFECT which cannot be
avoided should the proposal be implemented
⚫ ALTERNATIVE to the proposed action
⚫ A determination that the short-term use of the resources of
the environment are CONSISTENT with the maintenance &
enhancement of the long-term productivity of the same; and
⚫ Whenever a proposal involves the use of depletable or non-
renewable resources, a finding must be made that such USE &
COMMITMENT are WARRANTED

16
PD 1152:
Environmental
Code
 Air Quality
Management
 Water Quality
Management
 Land use
Management
 Natural
Resources
Management and
Conservation
 Waste
Management
  Establishing the Philippine Environmental Impact
Statement System (PEISS)

 Spells out the government’s requirement for an

Environmental Compliance Certificate (ECC) prior to
project implementation

 Documentation of the EIA process (in an EIS) shall be

submitted to NEPC (now EMB) in support of ECC

18 PD 1586 applications

(11 June 1978)  Established to facilitate the attainment & maintenance

of a rational & orderly balance between socio-
economic growth & environmental protection

 Introduced the concepts of Environmentally Critical

Projects (ECP) and projects within Environmentally
Critical Areas (ECA) as projects requiring the
submission of an Environmental Impact Statement
(EIS)
PD 1586 : Philippine EIS System
 No person, partnership or corporation shall undertake or
operate any such declared ECP or project within an ECA
without first securing an Environmental Compliance
Certificate (ECC)

 Non-critical projects may be required to provide additional

environmental safeguards as the NEPC may deem
necessary

19
 ⚫ Rationalizing the
Implementation of the
Philippine Environmental
Impact Statement System
⚫ Project proponents directed to
simultaneously conduct the EIA
PRESIDENTIAL (as required for ECC
ADMINISTRATIVE application) and feasibility
ORDER (AO) 42 (2 study of the proposed project
NOVEMBER 2002)
⚫ Specified processing timeframe
and automatic approval
provisions
⚫ Strengthening of the system
and lead implementing office
 Presidential Proclamation (PP) 2146
PEISS Coverage Technical Description

Environmentally Critical Project Located in Environmentally Critical

(ECP) Areas (ECA)
Project or program that has high potential for Area delineated through PP 2146 as
significant negative environmental impact. environmentally sensitive such that significant
environmental impacts are expected if certain
types of proposed projects or programs are
located , developed or implemented in it.

Presidential Proclamation (PP) 803 (1996)

– Proclaimed Golf Course Projects as ECP
Environmentally Critical Projects

HEAVY INDUSTRIES INFRASTRUCTURE

PROJECTS

RESOURCE EXTRACTIVE
GOLF COURSE PROJECTS
INDUSTRIES
Environmentally Critical
Project (ECP)

Heavy
Industries

Non-ferrous metal industries

Environmentally Critical
Project (ECP)

Heavy
Industries

Iron & steel mills

Environmentally Critical
Project (ECP)

Heavy
Industries

Petroleum & petro-chemical industries,

including oil & gas
Environmentally Critical
Project (ECP)

Heavy
Industries

Smelting plants
Environmentally Critical
Project (ECP)

Resource
Extractive
Industries

Major mining & quarrying projects

Environmentally Critical
Project (ECP)

Resource
Extractive
Industries

Forestry projects
(Logging, major wood processing projects, introduction of
fauna in public/private forests, forest occupancy, extraction
of mangrove products, grazing)
Environmentally Critical
Project (ECP)

Resource
Extractive
Industries

Fishery projects
(dikes for fishpond development projects)
Environmentally Critical
Project (ECP)

Infrastructure
Projects

Major dams
Environmentally Critical
Project (ECP)

Infrastructure
Projects

Major power plants (fossil-fueled, nuclear

fueled, hydro-electric or geothermal)
Environmentally Critical
Project (ECP)

Infrastructure
Projects

Major reclamation projects

Environmentally Critical
Project (ECP)

Infrastructure
Projects

Major roads and bridges

 Presidential Proclamation (PP) 2146
PEISS Coverage Technical Description (1986)

Environmentally
Critical Areas (ECA)

All areas declared by law as national

parks, watershed reserves, wildlife
preserves, & sanctuaries
 Presidential Proclamation (PP) 2146
PEISS Coverage Technical Description (1986)

Environmentally
Critical Areas (ECA)

Areas set aside as aesthetic

potential tourist spots
 Presidential Proclamation (PP) 2146
PEISS Coverage Technical Description (1986)

Environmentally
Critical Areas (ECA)

Areas which constitute the habitat

for any endangered or threatened
species of indigenous Philippine
wildlife (flora or fauna)
 Presidential Proclamation (PP) 2146
PEISS Coverage Technical Description (1986)

Environmentally
Critical Areas (ECA)

Areas of unique historic,

archeological, or scientific interests
 Presidential Proclamation (PP) 2146
PEISS Coverage Technical Description (1986)

Environmentally
Critical Areas (ECA)

Areas which are traditionally

occupied by cultural communities or
tribes
Presidential Proclamation (PP) 2146
PEISS Coverage Technical Description (1986)

Environmentally
Critical Areas (ECA)

Areas frequently
visited and/or hard-
hit by natural
calamities, geologic
hazards, floods,
typhoons, volcanic
activity, etc.
Presidential Proclamation (PP) 2146
PEISS Coverage Technical Description (1986)

Environmentally
Critical Areas (ECA)

Areas classified as prime

agricultural lands
Presidential Proclamation (PP) 2146
PEISS Coverage Technical Description (1986)

Environmentally
Critical Areas (ECA)

Recharged areas of
aquifers
Presidential Proclamation (PP) 2146
PEISS Coverage Technical Description (1986)

Environmentally
Critical Areas (ECA)

Water bodies
Presidential Proclamation (PP) 2146
PEISS Coverage Technical Description (1986)

Environmentally
Critical Areas (ECA)

Mangrove areas
Presidential Proclamation (PP) 2146
PEISS Coverage Technical Description (1986)

Environmentally
Critical Areas (ECA)

Coral reefs
 Article II, Section 16 of the 1987 Phil.
Constitution

“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”

45
Executive Order No. 192 (June 10, 1987)

Reorganization of the DENR which lodged upon the

EMB the power and function to

“recommend rules and regulations for

environmental impact assessments and provide
technical assistance for their implementation and
monitoring”

46
 EIA Laws, Policies/Regulations
DENR Level Issuances
Year Issuance Description
2003 DAO 30 IRR FOR PD 1586

2007 DMC 08 “NO PERMITS & CLEARANCES ISSUED BY NGAS &

LGUs SHALL BE REQUIRED IN PROCESSING OF
ECCS/CNCS”
2008 DMC 08 CLARIFICATION ON THE ROLE OF LGUS IN THE
PHILIPPINE EIS SYSTEM
2009 DAO 15 IMPLEMENTATION OF THE EIA INFO SYSTEM,
CNC-AUTOMATED PROCESSING SYSTEM &
GIS MAPS OF ECAS
2010 DMC 14 STANDARDIZATION OF REQUIREMENTS &
ENHANCEMENT OF PUBLIC PARTICIPATION
 EIA Laws, Policies/Regulations
DENR Level Issuances
Year Issuance Description
2016 DMO 001 AUDIT OF ALL OPERATING MINES AND MORATORIUM ON
NEW MINING PROJECTS
2017 DMO 001 EXCLUSIVE OF CERTAIN QUARRY RESOURCES FROM THE
MINING MORATORIUM
2017 DAO 18 DENR ADMINISTRATIVE ORDER NO. 2017-18: SUSPENSION OF
THE DENR ADMINISTRATIVE ORDER NO. 2017-04 DATED 15
FEBRUARY 2017 TO THE “AMENDMENT OF DENR
ADMINISTRATIVE ORDER (DAO) NO. 2016-04 DATED 19 MAY
2016 ON MANUAL OF AUTHORITIES ON TECHNICAL MATTERS
2017 DAO 15 GUIDELINES ON PUBLIC PARTICIPATION UNDER THE
PHILIPPINE ENVIRONMENTAL IMPACT STATEMENT (EIS)
SYSTEM
2017 DAO 14 ONLINE TRANSMISSION OF DATA FROM CONTINUOUS
EMISSION MONITORING SYSTEM (CEMS) AND CIRCUIT
TELEVISION (CCTV) OF MAJOR INDUSTRIES
 EIA Laws, Policies/Regulations
DENR Level Issuances
Year Issuance Description
2018 DAO 14 GUIDELINES ON THE ISSUANCE OF AREA CLEARANCE FOR RECLAMATION
PROJECTS AND PROCLAMATION/ SPECIAL PATENTS OVER RECLAIMED
AREAS
2018 DAO 18 ESTABLISHING A CENTRALIZED MANAGEMENT AND COORDINATING
MECHANISM AT THE REGIONAL OFFICES OF DENR, MGB AND EMB AND
DESIGNATING THE DENR RD AS THE RED PROVIDING
OVERALL COMMAND OF REGIONAL OPERATIONS

2019 DAO 14 RATIONALIZING DREDGING ACTIVITIES IN THE HEAVILY SILTED RIVER

CHANNELS WITHIN THE PROVINCE OF ORIENTAL MINDORO

2019 DAO 16 STREAMLINING THE EIA PROCESS AND REQUIREMENTS FOR PROJECTS
UNDER THE BUILD BUILD BUILD PROGRAM
2020 DAO 12 RATIONALIZING DREDGING ACTIVITIES IN THE HEAVILY SILTED RIVER
CHANNELS WITHIN THE PROVINCE OF OCCIDENTAL MINDORO
 EIA Laws, Policies/Regulations
DENR Level Issuances
Year Issuance Description
2022 DAO 02 GUIDELINES FOR PUBLIC PARTICIPATION UNDER THE
PHILIPPINE ENVIRONMENTAL IMPACT STATEMENT SYSTEM
(PEISS) FOR PROPOSED RIVER RESTORATION PROJECT
THROUGH DREDGING ACTIVITIES PURSUANT TO SECTION 5.4
OF DENR-DPWH-DILG-DOTR JOINT MEMORANDUM CIRCULAR
2019-01
 EIA Laws, Policies/Regulations
EMB Level Issuances
Year Issuance Description
2004 MC 001 NON-REQUIREMENT OF LGU ENDORSEMENT FOR CNC
APPLICATIONS
2007 MC 001 EIA REVIEW MANUAL
2007 MC 002 REVISED PROCEDURAL MANUAL FOR DAO 2003-30
(REVISING 2004 VERSION)
2010 MC 002 CLARIFICATION TO DENR MC 2010-14 & OTHER
POLICY ISSUANCES
2010 MC 004 GUIDELINES FOR USE OF ECA MAP SYSTEM
2011 MC 005 DRR/CCA ENHANCED PEISS (CONTAINING PROJECT
TYPE CUSTOMIZED EIS SCREENING FORM & IEE
CHECKLIST REPORT FORMS
 EIA Laws, Policies/Regulations
EMB Level Issuances
Year Issuance Description
2013 MC 003 REGISTRATION OF EIA PRACTITIONERS

2014 MC 005 REVISED GUIDELINES FOR COVERAGE SCREENING AND

STANDARDIZED REQUIREMENTS
2015 MC 003 IMPLEMENTATION OF ONLINE PROCESSING OF CNC
APPLICATIONS FOR CATEGORY D PROJECTS UNDER THE PEISS
2015 MC 008 IMPLEMENTATION OF ONLINE PROCESSING OF ECC
APPLICATIONS FOR CATEGORY B PROJECTS REQUIRING IEE
CHECKLIST REPORT FORMS UNDER THE PEISS
2015 MC 009 PROCESSING AND ISSUANCE OF ECC FOR CATEGORY B
PROJECTS
2016 MC 001 CMR ONLINE
2016 MC 006 ECC APPLICANTS FOR MINING PROJECTS INCLUDING SAND
AND GRAVEL QUARRY PROJECTS
 EIA Laws, Policies/Regulations
EMB Level Issuances
Year Issuance Description
2018 MC 005 NON-COVERAGE OF SMALL- SCALE MINING PROJECTS FROM
DMO NO. 2016-01
2018 MC 006, 007 STP GUIDELINES FOR ESTABLISHMENT IN BORACAY
2018 MC 008 SUSPENSION OF ALL ECCS IN THE ISLAND OF BORACAY
2019 MC 003 UPDATED GUIDELINES IN THE PROCESSING OF AND
ISSUANCE OF ECC FOR CATEGORY B PROJECTS (MARCH 26,
2019)
2019 MC 009 HARMONIZATION ON THE IMPLEMENTATION OF EMB MC
NO. 2019 – 003 (NOVEMBER 25, 2019)
 EIA Laws, Policies/Regulations
EMB Level Issuances
Year Issuance Description
2020 MC 026 IMPLEMENTATION OF ENHANCED ONLINE PROCESSING OF
CERTIFICATE OF NON-COVERAGE (CNC) APPLICATIONS FOR CATEGORY
D PROJECTS UNDER THE PHILIPPINE ENVIRONMENTAL IMPACT
STATEMENT SYSTEM (PEISS) (JUNE 8, 2020)

2020 MC 027 PROJECT THRESHOLD FOR EXTRACTION OF NON-METALLIC

RESOURCES APPLYING FOR ENVIRONMENTAL COMPLIANCE
CERTIFICATE (ECC) (JUNE 17, 2020)
2020 MC 030 INTERIM GUIDELINES ON PUBLIC PARTICIPATION IN THE
IMPLEMENTATION OF THE PD 1586 DURING THE STATE OF NATIONAL
PUBLIC HEALTH EMERGENCY (JULY 28, 2020)
2020 MC 031 GUIDELINES ON THE FIVE (5)-YEAR VALIDITY OF ENVIRONMENTAL
COMPLIANCE CERTIFICATE (ECC) PURSUANT TO DENR
ADMINISTRATIVE ORDER NO. 30 SERIES OF 2003 (JULY 28, 2020)
 EIA Laws, Policies/Regulations
EMB Level Issuances
Year Issuance Description
2021 MC 005 DOCUMENTARY REQUIREMENTS FOR MINOR AMENDMENT
(NON-TECHNICAL) OF ECC UNDER THE PEISS
2021 MC 012 AMENDMENT OF EMB MC 2021-05 (ANNEX A) RELATIVE TO
THE RECLASSIFICATION OF STEEL AND OTHER STEEL-
RELATED PROJECTS AS METAL INDUSTRIES
2022 MC 006 AMENDED PROJECT THRESHOLD FOR RESORTS AND OTHER
TOURISM/LEISURE PROJECTS SECURING AN
ENVIRONMENTAL COMPLIANCE CERTIFICATE (ECC)
 EIA Laws, Policies/Regulations

DENR Level Issuances EMB Level Issuances

PEISS Guidelines (DENR-Level PEISS Guidelines (EMB-Level

Issuances) Issuances)
https://eia.emb.gov.ph/?page_id= https://eia.emb.gov.ph/?page_id=
392 396
ENVIRONMENTAL IMPACT
ASSESSMENT (EIA)
ENVIRONMENTAL IMPACT
ASSESSMENT

58
 What is EIA ?
(Environmental Impact Assessment)
A systematic process that examines the environmental
consequences of an activity to:
- Bio-physical environment &
- socio-economic environment
and designing appropriate environmental management
measures to mitigate negative consequences & enhance the
positive ones

59
EIA is a planning and management
tool that will help government, the
proponent, the affected communities
and other decision makers assess
whether the benefits of the project
will outweigh the negative
consequences or risks on the
environment

60
ENVIRONMENTAL IMPACT

61
 62

 An impact or effect

the change in an environmental parameter,

which results from a particular activity or
intervention.

 change is the difference between the

environmental parameter with the project
compared to that without the project.
 An activity may influence the
environment in different ways:

 Physically altering the environment

 Changing the socio-economic

characteristics of the area

63
An activity may influence the environment in
different ways:

Release of pollutant into the environment

64
ENVIRONMENTAL IMPACT 65
IDENTIFICATION CONSIDERATIONS

 direct impacts or indirect impacts

 cumulative impacts
 adverse and beneficial impacts
 long- or short-term impacts
 reversible or irreversible impacts
 local and/or of national significance.
 Direct Impacts
Pollution due to discharge of waste streams into
air/water/land
noise pollution due emission of sound from plant
activities
intentional addition of substances such as
pesticides, herbicides etc,
contamination of physical environment due to
accidental release of hazardous substances or
addition resulting from spills blowouts, explosion

66
INDIRECT IMPACTS AS A RESULT OF CASCADE OF EFFECTS
LAND CLEARING

SOIL EROSION NUTRIENT DEPLETION

LOSS OF FARM SEDIMENT NUTRIENTS IN RUN-OFF

PRODUCTS DELIVERY

EUTROPHICATION

SILTATION OF
TURBIDITY AQUATIC WEEDS GROW AND DIE
RESERVOIR

DAMAGES TO LOWERED DISSOLVED

FISHERIES OXYGEN
67
  TIME CROWDING :
 Frequent repetitive impacts on
single medium

 SPACE CROWDING :
SAMPLE TYPES
OF  High density impacts on a single
68 medium
CUMULATIVE
EFFECTS
 COMPOUNDING EFFECTS :
 Synergistic effects arising from
multiple source on a single
medium
SIGNIFICANCE WITH RESPECT TO
ENVIRONMENTAL EFFECTS RELATE TO :

SCALE OF DEVELOPMENT

SENSITIVITY OF THE LOCATION

NATURE OF THE ADVERSE EFFECTS

69
Impacts to Environment at
Different Implementation Phases

Site Preparation : large scale and short term

changes occur in the environment,
Project Operation: continuous and long term
environmental impacts ,
Project Termination : recovery and remedial
measures for the rehabilitation of the
environment

70
Mitigation

 is a critical component of the EIA

process. It aims to prevent adverse
impacts from happening and to keep those
that do occur within an acceptable level.

71
 Levels of EIA

 Project EIA
⚫ used to identify the environmental and social impacts of a proposed
project prior to decision-making in order to predict environmental
impacts at an early stage in project planning and design

 Programmatic EIA
⚫ co – located projects / undertakings
◆ Projects or series of similar projects or a project subdivided to
several phases and / or stages by the same proponent, located
in a contiguous areas

 Strategic Environmental Assessment (SEA)

⚫ used at the policy, planning and programming level

72
 Use of EIA in relation to
Project/Program Planning &
Implementation

73
 KEY ACTORS IN THE EIA PLANNING & DEVELOPMENT
PROCESS

DEVELOPERS AFFECTED PARTIES

-Public Sector Developers -Immediate communities
-Private sector Developers -Non-governmental organization
-People’s organization

REGULATORS FACILITATORS
-National Government -Consultants
Agencies -Advisers, advocates
-Local Government Agencies

74
 WATER ENVIRONMENT ASSOCIATION OF THE PHILIPPINES
Department of Environment and Natural Resources (DENR)
Environmental Management Bureau (EMB)

EIA Requirements of the

Philippine Government

75
 DOCUMENTATION OF THE
EIA Study, Analysis & Recommendation

EIA Report

76
77
Major Contents of an EIA Report

Relevant Baseline Environmental Environmental

Project/Program Environmental Impact Prediction & Mitigation /
Information Conditions Analysis Management Plan

Environmental
Monitoring Plan
KEY OPERATING PRINCIPLES
➢concerned primarily with assessing the direct and
indirect impacts of a project on the biophysical and
human environment and ensuring that these impacts are
addressed by appropriate environmental protection and
enhancement measures

➢aids Proponents in incorporating environmental

considerations in planning their projects
 KEY OPERATING PRINCIPLES
➢ Project Proponents are responsible for determining
and disclosing all relevant information necessary for a
methodical assessment of the environmental impacts of
their projects
➢ The review of EIA Reports by EMB shall be guided by
three (3) general criteria:
⚫ Integration of environmental considerations into the overall project
planning
⚫ Technically sound assessment and effective environmental mitigation
measures are proposed
⚫ EIA process is based on a timely, informed and meaningful public
participation of potentially-affected communities
 KEY OPERATING PRINCIPLES

➢ Effective regulatory review of the EIA Reports depends

largely on timely, full, and accurate disclosure of relevant
information by project Proponents and other stakeholders
in the EIA process
➢ The timelines prescribed within which a decision must be
issued, apply only to processes and actions within the
Environmental Management Bureau’s (EMB) control and
do not include actions or activities that are the
responsibility of the Proponent

➢ New MC Processing Timeframes:

 ECC- On-line IEE Checklist Report and Environmental
Impact Statement Report - 20 Days
 CNC- for Environmental Enhancement - 7 Days
 CNC On-line for category D – Automatic approval
Environmental Compliance Certificate
- Application decision document issued to the proponent
after thorough review of the EIA Report

- It outlines the commitments of the proponent which are

necessary for the project to comply with existing
environmental regulations or to operate within the best
environmental practice that are not currently covered by
existing laws

81
Procedural Manual for
DAO 2003-30 (August 2007)
⚫ Details the requirements and
procedures in the implementation
of the Philippine EIS System
⚫ Detailed guidance document for
project proponents, EIA
Consultants, EMB and other
stakeholders

82
 PROJECT SCREENING

LEGEND: EIA Required No EIA

Proponent
Driven
EIA STUDY SCOPING
DENR-EMB
Driven P
EIA Study / Report preparation by Project U
Proponent
B
Options Proponent as a requirement for ECC application L
Not Part of
Change I
EIA Process Project C
plan / REVIEW & EVALUATION of EIA as
Public I
Involvement Relocate facilitated by DENR-EMB N
Project V
O
L
V
DENY ISSUE ECC w/ recommendations to E
ECC other entities w/ mandate on the project M
E
N
Secure permits / clearances from other DENR Units & T
Other GAs / LGUs
Expansion / Project
modifications Implementation

ENVIRONMENTAL IMPACT
MONITORING & EVALUATION / AUDIT
Are all development projects in our
country required to undertake EIA
Study?

84
 Purpose of Screening

To determine if project requires an ECC

(ECPs and those located in ECAs)

For projects/programs requiring ECC, further determine:

-Requirements
-Processing Office
-Maximum Processing Timeframes
Project Screening
 Seeks to focus on those
projects with potentially
significant adverse
environmental impacts
or where the impacts
are not fully known
 Determine the level of
assessment to be
required
 EMB MC 2014-005:
Revised Guidelines for
Coverage Screening and
Standardized
Requirements

86
Scope of the PEISS

 Environmental Critical Projects (ECP)

❖ EMB Central Office
❖ Signed by DENR Secretary

 Projects in Environmentally Critical Areas (ECA)

❖ EMB Regional Offices
❖ Signed by the EMB Regional Directors

(As defined under Presidential Proclamations No. 2146

Series of 1981 and No. 803 Series of 1996))

87
Categorization of Projects based
on EMB MC 2014-005

ECP CATEGORY A Required to

(Environmentally Critical Project)
Secure ECC
(Environmental
Compliance Certificate)
NON-ECP IN ECA
(Non-ECP in Environmentally CATEGORY B
Critical Area)

Not required
Environmental CATEGORY C
to secure
Enhancement
ECC but may
secure CNC
Not Covered CATEGORY D (Certificate of Non-
Coverage)
Environmentally Critical
Projects (ECP)
 Heavy Industries  Infrastructure Projects
⚫ Non-Ferrous Metal  Dams
Industries  Power Plants
⚫ Iron and Steel Mills
 Reclamation Projects
⚫ Petroleum and
Petrochemical Industries  Roads and Bridges

⚫ Smelting Plants  Golf Course (Presidential

Proclamation No. 803
 Resource Extractive series of 1996)
Industries
⚫ Mining and Quarrying
Projects
⚫ Forestry Projects
⚫ Dikes for/and Fishpond
Development Projects
89
Environmentally
 Areas declared by law as
Critical Areas
Areas with critical slope

national parks, watershed
reserves, wildlife preserves and  Areas classified as prime
sanctuaries agricultural lands
 Areas set aside as aesthetic,  Recharge areas of aquifers
potential tourist spots
 Areas which constitute the  Water bodies
habitat for any endangered or  Mangrove areas
threatened species indigenous
Philippine Wildlife  Coral reefs
 Areas of unique historic,
archeological, geological, or
scientific interests
 Areas which are traditionally
occupied by cultural
communities or tribes
 Areas frequently visited and or
hard-hit by natural calamities

90
91
92
EMB MC 2022-06
 Purpose of Scoping

To more definitely establish and focus

requirements

to provide the proponent & the stakeholders the

final scope of work and terms of reference for
the EIA Study
 Further Screening and EIA Report
Preparation (Philippines)

EIA Study requirement

dependent on
classification of
undertaking

95
  focused on the critical
environmental impacts
associated with the project
 Various sectors are expected to
EIA Study & Report be consulted during EIA Study
Preparation and Report Preparation (esp. in
EMP Preparation)
 Reportorial requirement
dependent on classification (i.e.
PEISS, EIS, IEE, PEPRMP, EPRMP)
 Review & Evaluation
Representatives from various sectors whose
mandates/concerns are critical to the EIA
Review may be invited to participate in the
following activities:
-Public Hearing
-Public Consultation
-Site Validation
-Technical Review
 Objectives of Review
a) To ensure nature, quality & quantity of data, Impact
Assessment & EMP in the EIA are the most
useful/critical inputs in integration of envi/socio
concerns in the FS preparation of the Proponent;
b) To provide guidance (thru the Environmental
Management and Monitoring Plan (EMoP) & ECC) in
downstream activities such as land use planning &
project siting, and continual integration of envi/socio
considerations in Detailed Engineering Design,
construction, operations & abandonment.
 Objectives of Review
c) To provide guidance to other government agencies on critical EIA
findings that should be considered in the agency’s approval
process for the project.
d) To guide Proponent and stakeholders in :
Impact validation
Assessment of effectiveness of measures for continuing
responsive improvement of environmental performance
100 Decision on ECC Applications

Based on striking balance between socio-

economic growth & environmental protection

Use environmental and socio-economic

criteria

Primacy of jurisdiction of other government

agencies respected & supported
 Contents of the ECC

Scope of project or undertaking

Conditions conformed by the proponent to
implement mitigating measures for potentially
negative impacts and enhancement measures for
potentially positive impacts
Recommendations to concerned permitting,
deciding and monitoring entities

101
Validity of the ECC…

 Once project is implemented, ECC remains valid

and active for the lifetime of the project (unless
otherwise specified);

 The continued validity of the ECC sustains the

active commitments of the Proponent to comply
with ECC conditions and with environmental
regulations

102
Expiry of ECC
 Not implemented w/in 5 years from ECC issuance
 ECC has not been requested to be extended w/in 3
months from the expiration of the 5-years

New ECC is necessary if baseline characteristics have

significantly changed to the extent that the impact
assessment w/c was the basis of the EMP is no longer
appropriate

103
Upon ECC issuance Project Implementation?
… not necessarily

findings and recommendations of the EIA

shall be transmitted to relevant government
agencies for them to integrate in their
decision making prior to the issuance of
clearances, permits and licenses under their
mandates

104
105

COMPLIANCE
MONITORING
PROCESS
Primary Roles & Report Forms
Primary Role Report Form

Proponent Monitoring SMR (Quarterly)

CMR (Semi-annually)
MMT Validation CMVR
(Community-based)

EMB-RO Evaluation CER

EMB-CO Audit (systems & Audit Report

performance)
Why do we monitor?

109
EIS System Compliance Monitoring, Validation
& Evaluation/Audit Focus
ECC

EMP

Mitigating/Mgmt. EMoP
Measures

Monitoring Reports Monitoring

Protocols
Objectives of Compliance Monitoring and
Validation

To ensure the following :

 Project compliance with the conditions set in the ECC and
other Environmental Laws;
 Project compliance with the Environmental Management Plan
(EMP) including the Environmental Monitoring Plan (EMoP);

111
Objectives of Compliance Monitoring and
Validation

Underlying Purpose
 To assess the effectiveness of environmental
measures on prevention or mitigation of actual
project impacts vis-a-vis the predicted impacts
used as basis for the EMP design;
 To ensure continual updating of the EMP for
sustained responsiveness to current project
operations and actual project impacts.

112
Who will monitor?

113
114
Levels of Monitoring

Project Multi-Partite Monitoring or EMB RO and EMB-CO

Proponent/Company Third Party Monitoring (ECP
based on DAO 2017-15)
115
Levels of Monitoring / Report/s

Multi-Partite
Project
Monitoring or Third EMB RO and EMB-CO
Proponent/Company
Party Monitoring - - CER
– SMR/CMR
CMVR
116
Types of Monitoring

Table Monitoring Field Monitoring

Documents submitted Site Validation
• reports
• plans
• required permits
• other proof of compliance or
implementation
Levels of Monitoring

 Project Proponent/Company

o Compliance Monitoring Report (CMR)

a) Monitor compliance with ECC
b) Assess effectiveness of EMP

o to report performance at three (3) levels

a) performance against the ECC conditions;
b) performance against the EMP; and
c) performance against the monitoring of actual
impacts related to current project operations
as against predicted impacts in the EIA Report

o submit to the designated monitoring EMB office on a

semi-annual frequency

117
Levels of Monitoring
 Multi-partite Monitoring Team

o To encourage public participation, promote greater

stakeholder vigilance and provide appropriate check and
balance mechanisms in project monitoring
o Composition
▪ Proponent
▪ concerned LGUs,
▪ locally accredited NGOs/POs,
▪ the community,
▪ concerned EMB Regional Office,
▪ relevant government agencies, and
▪ other sectors identified during the EIA Study as
potentially affected by the various phases of the
project
o Compliance Monitoring and Validation Report (CMVR)
o submit to the designated monitoring EMB office on a
semi-annual frequency
118
Levels of Monitoring
 Multi-partite Monitoring Team

o Functions
✓ Validate project compliance with the conditions
stipulated in the ECC and the EMP;
✓ Validate Proponent’s conduct of self-monitoring;
✓ Receive complaints, gather relevant information
to facilitate determination of validity of
complaints or concerns about the project and
timely transmit to the Proponent and EMB
recommended measures to address the
complaint;
✓ Prepare, integrate and disseminate simplified
validation reports to community stakeholders;

119
Levels of Monitoring
 EMB
o ECC Compliance Evaluation Report (CER)

o Project Environmental Monitoring and Audit

Prioritization Scheme (PEMAPS)

o The PEMAPS considers four (4) key parameters:

1) potential of the process/technology to cause
impacts;
2) existence and profile of the pathway of impacts;
3) existence and profile of receptors; and
4) project environmental performance, particularly
on received complaints and confirmed violations
during the period of PEMAPS review.

120
 WATER ENVIRONMENT ASSOCIATION OF THE PHILIPPINES
Department of Environment and Natural Resources (DENR)
Environmental Management Bureau (EMB)

What to monitor ?

121
122

Compliance Evaluation Report

✓ BASIC INFORMATION

 Monitoring Period Covered

 ECC Control No./Reference Code No.
 Date ECC Issued
 Project Current Name
 Project Name in the ECC
 Project Status
 Geographical Coordinates of the
Project
 Proponent Name and Contact Numbers
 123

Compliance Evaluation Report

REQUIREMENTS EVIDENCE
Check for expiry conditions in Date of ECC issuance,
the ECC (check ECC issuance proof of project
Validity of the ECC
vs. date of project implementation
implementation) schedule/stoppage
Compliance with Project Self Monitoring Reports
ECC Coverage/limits/components Relevant reports or
documents
Other sectoral requirements
mandated by other agencies Relevant permits,
clearances, certificates
EMP and updates as deemed
necessary Presence of EMP and
updates, as deemed
necessary
 124

Compliance Evaluation Report

REQUIREMENTS EVIDENCE
Compliance with
Conduct of compliance and Records of compliance
ECC
impact self monitoring and impact monitoring
MOA signed by all
Multi-sectoral monitoring (as
parties concerned,
may be required)
CMVR
Proof of receipt by EMB
Regular reporting
(e.g. SMRs)
Standard DENR requirement
on transfer of ownership or Appropriate documents
abandonment
 125

Compliance Evaluation Report

REQUIREMENTS EVIDENCE
Compliance Relevant provisions in the
Construction/Contractor’s
with EMP contract and relevant
Environmental Program
proof of compliance
SDP provision in the
EMP or SDP prepared
Social Development Program
after issuance of ECC (if
(SDP)
required) and relevant
proof of compliance
•Contigency/Emergency
Response Plan
•Risk Management Program Check for presence of
•Abandonment Plan (when specific provisions in the
applicable) EMP and relevant proof
•Environmental Monitoring Plan of compliance
•Impact Mitigating Measures
126

Compliance Evaluation Report

REQUIREMENTS EVIDENCE
e.g. In case of non-
Appropriate & effective
environmental impact compliance with any of
remedial actions or the prescribed
Written Procedures or
mitigation measures environmental
protocols and relevant
performance criteria and
documentation
exceedances over
applicable environmental
standards
Complaints Management e.g. complaints receiving Written Procedures or
measure and
protocols and relevant
implementation of
documentation
corrective measures
 127

Compliance Evaluation Report

REQUIREMENTS EVIDENCE
Appropriate Financial
Realistic and sufficient
Statement on the Project
budget for conducting the
Operating Budget (e.g.
environmental monitoring
Environmental
and audit activities
Monitoring Fund)
Qualified personnel in Relevant Credentials of
charge with routine key environmental
monitoring of project management personnel
Accountability activities (education, and appropriate
training, knowledge and organizational structure
experience)
(e.g PCO accreditation)
 Compliance Evaluation Report

✓ Information to Validate
REQUIREMENTS EVIDENCE

Realistic and sufficient Appropriate Financial

budget for conducting Statement on the Project
the environmental Operating Budget (e.g.
monitoring and audit Environmental Monitoring
activities Fund)

Qualified personnel in
Relevant Credentials of key
charge with routine
environmental management
monitoring of project
Accountability personnel and appropriate
activities (education,
organizational structure (e.g
training, knowledge and
PCO accreditation)
experience)
129
Compliance Evaluation Report

Review &
• Compliance to ECC Conditions
Validation • Compliance to EMP
of Commitments
Monitoring • Air Quality Impact
Reports Assessment
• Water Quality Impact
(CMR and Assessment
CMVR)
 130
Compliance Evaluation Report

✓ Review & Validation of Monitoring Reports (CMR

and CMVR)
 Compliance with good practices in HAZARDOUS
WASTE Management
 Compliance with good practices in SOLID WASTE
Management
 Compliance with good practices in CHEMICAL
SAFETY Management (for those companies
using/producing chemicals listed in EMB’s PCL
and CCO list)
Projects not subject to monitoring under
the Philippine EIS System

Projects issued Certificate of Non-Coverage (CNC) Projects issued ECCs under the old IRRs of P.D. 1586 but are
now non-covered (upon written confirmation by the EMB
provided the Proponents do not have pending
accountabilities )
SCOPE OF VIOLATIONS

Projects with or w/o ECCs which

pose grave and/or irreparable
danger to environment, life & Covered projects established and/or
property (wherein causes are not operating w/o ECCs
regulated by any specific
environmental law)

Violations of ECC Conditions,

Misrepresentation in the EIA Report
EMP/EMoP and other commitments
or any other EIA documents
as specified in the EIA Report
  Minor Offense – administrative
conditions violation w/c will not
have direct significant impact, e.g.:
CLASSIFICATION OF  Non-submission or delay in
VIOLATIONS TO ECC submission of
CONDITIONS reports/requirements
 Transfer of ownership w/o
informing DENR - EMB
  Major Offense – violations of substantive
conditions in the ECC and the EIS System
Procedures that will have significant
impact on the environment such as:
CLASSIFICATION OF
 Non-implementation of substantive
VIOLATIONS TO ECC
CONDITIONS conditions in the ECC such as the
implementation of the EMP & EMoP
 Exceedance of project limits or area
 Major change in the project process or
technology
PENALTY FOR VIOLATION (SEC 9
OF PD 1586)

“Not to exceed
Violation of
fifty thousand
section 4 of PD
(PhP50,000) for
1586
every violation”

Violation of Violation of
Conditions of standards, rules
the ECC & regulations
 WATER ENVIRONMENT ASSOCIATION OF THE PHILIPPINES
Department of Environment and Natural Resources (DENR)
Environmental Management Bureau (EMB)

Speaker:
OLIVER C. BARRIENTOS
CPD, Technical Staff
DENR – Environmental Management Bureau – MIMAROPA Region