Philippine EIS System (PD 1586)

Philippine Environmental Impact Statement System (PEISS)

• Established in 1978 through Presidential Decree 1586
• Aims to ensure Filipinos enjoy a "balanced and healthy ecology" amid economic development.
• Rooted in the Philippine Constitution, emphasizing the right to a balanced and healthful ecology
• Requires Environmental Impact Statements (EIS) to be submitted to the Environmental Management Bureau (EMB) of the DENR for review
• Requires an Environmental Compliance Certificate (ECC) issued by the President (or representative) for projects with positive EIA reviews
• EIA is a process of predicting and evaluating a project's environmental impacts during construction, operation, and abandonment.
• DENR Secretary can grant or deny ECCs on behalf of the President
• EMB Central and Regional Directors are designated ECC approving authorities.

Salient Points of PD 1586

• Aims for a rational balance between socio-economic growth and environmental protection
• All government agencies must conduct an EIA for proposed projects significantly affecting the environment
• Requires environmentally critical projects and areas to secure an ECC before commencement
• Includes penalty provisions for ECC condition violations and commencing projects without one
• Category A: Environmentally Critical Projects (ECPs) under Presidential Proclamation No. 2146 (1981), Proclamation No. 803 (1996)
• Category B: Projects in Environmentally Critical Areas (ECAs) significantly affecting the environment.
• Category C: Projects enhancing environmental quality or addressing existing problems.
• Category D: Projects unlikely to cause significant adverse environmental impact; not required to secure an ECC

EIA Process and Enforcement of Laws

• PEISS supplements existing environmental laws
• Identifies potential issues covered by regional environmental permits during the feasibility study stage
• Fills gaps in existing laws by providing cover for environmental protection actions
• The Environmental Management Bureau (EMB) coordinates EIA implementation and recommends ECC issuance
• Project Description (PD)
  • Required for non-critical projects in environmentally critical areas
  • Provides a brief description of the proposed undertaking and resources needed
• Environmental Impact Statement (EIS)
  • Provides detailed analysis of a project's environmental consequences

RA 6969: Toxic Substances and Hazardous and Nuclear Waste Control Act

• Manages industrial chemicals and hazardous wastes throughout their lifecycle ("cradle to grave")
• Regulates importation, manufacture, sale, and disposal of chemical substances posing unreasonable risks
• Protects health, safety, security, and the environment through chemical regulation
• Covers chemicals used in agriculture, food & medicine, industries, households, and laboratories
• Objectives include:
  • Maintaining an inventory of imported, manufactured, or used chemicals
  • Regulating chemicals posing a risk to health or the environment
  • Informing the public about hazards of toxic chemicals
  • Preventing the entry/storage of hazardous wastes

Definition of Hazardous Elements (Section 5)

• Hazardous substances
  • Present short-term acute hazards or long-term environmental hazards
• Hazardous wastes
  • Substances without safe commercial, industrial, agricultural, or economic usage that are transported for dumping or disposal
  • Include by-products, side-products, residues, contaminated equipment, and consumer discards
• Nuclear wastes
  • Hazardous wastes made radioactive through nuclear fuel production
  • Excludes nuclear fuel or radioisotopes ready for scientific, medical, or industrial use

Prohibited Acts (Section 13)

• Knowingly using chemical substances violating the Act
• Failure to submit reports or allow inspections
• Failure to comply with pre-manufacture and pre-importation requirements
• Aiding in the storage, importation, or transport of hazardous and nuclear wastes into the Philippines

Criminal Offenses and Penalties (Section 14)

• Violations of Section 13(a) to (c)
  • Imprisonment of 6 months and 1 day to 6 years and 1 day, and a fine from Php600.00 to Php4,000.00
  • Foreign offenders will be deported
• Violations by partnerships, corporations, or associations will result in the partner, president, director, or manager being directly liable
• Government officials or employees will be dismissed from office, with permanent disqualification from holding any position
• Violations of Section 13(d):
  • Imprisonment of 12 years and 1 day to 20 years
  • Foreign offenders will be deported.
• For corporations, managing partner, president, or chief executive will be penalized plus exemplary damages of at least Php500,000.00
• Foreign firms will have director and officers barred from entry, and license to operate canceled.
• Government officials/employees will be dismissed, with permanent disqualification
• Unlawful acts will result in confiscation and forfeiture of proceeds and instruments used in the offense
• Those responsible for bringing hazardous wastes into the country must transport them back
• Means of transportation or storage used for hazardous or nuclear wastes may be forfeited

Administrative Fines (Section 15)

• Secretary of Environment and Natural Resources can impose a fine of Php10,000.00 to Php50,000.00 for violations
• Fines will accrue to a special fund for projects and research on toxic substances

RA 8749: The Philippine Clean Air Act

• Aims to balance development and environmental protection via sustainable development
• Policies include:
  • National air pollution program
  • Cooperation among citizens and industries via incentives
  • Focus on pollution prevention and comprehensive management
  • Public information and education
  • Accountability for environmental impact
  • Funding for clean-up and compensation

Mandates for Government Agencies

• DENR
  • Lead agency, responsible for National Air Quality Status Report and implementing rules
• DOTC
  • Implementing emission standards for motor vehicles
  • Collect emission fees
• DOST
  • National Research Development Program for pollution prevention
• DTI, DOST Local Government Units (LGUs)
  • Joint action plan for controlling pollution from vehicles
• DOTC, DTI, and DENR
  • Procedures for inspecting vehicles and testing emissions
• DOE
  • Specifications for fuel to reduce emissions
• PAGASA
  • Monitoring meteorological factors and greenhouse gases
• PNRI
  • Regulation of projects using atomic or nuclear energy
• DepEd, CHED, DILG, PIA
  • Encouraging participation in multi-sectoral campaigns

Important Provisions of RA 8749

• Administrative Action (Section 40)
  • DENR may institute proceedings against violators of the Act or its regulations
• Citizen Suits (Section 41)
  • Citizens can file civil, criminal, or administrative actions against violators or non-complying agencies
  • Requires 30-day notice before filing suit
  • Court can exempt actions from filing fees and injunction bonds
  • Court determines if complaints are malicious and may award attorney's fees and damages