PD 1586: The Philippine EIS System Overview (PDF)

ENVIRONMENTAL MANAGEMENT BUREAU REGION 8 Environmental Impact Assessment  FLOW OF DISCUSSION 1. EIS thru the Years 2. Stages of EIA Process 3. List of ECPs 4. List of ECA Categories 5. Documentary Requirements for ECC and CNC applications 6. Fines and Penalties Basic DENR poli...

ENVIRONMENTAL MANAGEMENT BUREAU REGION 8 Environmental Impact Assessment  FLOW OF DISCUSSION 1. EIS thru the Years 2. Stages of EIA Process 3. List of ECPs 4. List of ECA Categories 5. Documentary Requirements for ECC and CNC applications 6. Fines and Penalties Basic DENR policy governing the implementation of the Philippine EIS System/ PD 1586 is: “ to attain and maintain a rational and orderly balance between economic growth and environmental protection" "Sustainable development is development that meets the needs of the present, without compromising the ability of future generations to meet their own needs." The Philippine Environmental Impact Statement System (EIS) Laws  IMPLEMENTING RULES AND REGULATIONS DAO 2003-30: Revised Procedural Manual for the Implementation of the Philippine Environmental Impact Statement System (PEISS) EMB Memorandum Circular 2014-05: Guidelines for Coverage Screening and Standard Requirements under the Philippine Environmental Impact Statement System (PEISS) amending relevant portions of MC 2007-002 ENVIRONMENTAL IMPACT ASSESSMENT (EIA) The process of predicting the likely environmental consequences of implementing a project and designing appropriate preventive mitigating and enhancement measures. IS ECC OR CNC A PERMIT?  ENVIRONMENTAL IMPACT ASSESSMENT (EIA) EIA is a p lanning and management tool that will help government, decision makers , the proponent and affected communities decide whether the benefits of the project will outweigh the negative  Decision Documents Environmental Compliance Certificate (ECC) -document issued by the DENR/EMB after a positive review of an ECC application, certifying that based on the representations of the proponent, the proposed project or undertaking will not cause significant negative environmental impact. Certificate of Non-Coverage (CNC) -a certification issued by the EMB certifying that, based on the submitted project description, the project is not covered by the EIS System and is not required to secure STAGES OF THE EIA PROCESS Reference: DAO 2003-30  ENVIRONMENTAL IMPACT ASSESSMENT (EIA) Environmental Critical Project (ECP) -project or program that has high potential for significant negative environmental impact. Environmental Critical Area (ECA) -area delineated as environmentally sensitive such that significant environmental impacts are expected if certain types of proposed projects or programs are located,  LIST OF ECPs As declared by proclamation No. 2146 (1981) Heavy Industries – Non-ferrous Metal Industries, Iron and Steel Mills, Petroleum and Petro-chemical industries including Oil and Gas, Smelting Plants Resource Extractive Industries – Major Mining and Quarrying Projects, Forestry Projects (logging, major wood processing projects, introduction of fauna (exotic animals) in public and private forests, forest occupancy, extraction of mangrove products, grazing , Fishery Projects (dikes for/and fishpond development projects) Infrastructure Projects – Major Dams, Major Power Plants (fossil-fueled, nuclear fueled, hydroelectric or geothermal), Major Reclamation Projects, Major Roads and Bridges  Environmental Management Bureau Region 8 LIST OF ECA Categories As declared by Proclamation No. 2146 (1981) All areas declared by law as national parks, watershed reserves, wildlife preserves, wildlife preserves, sanctuaries. Areas set aside as aesthetic potential tourist spots Areas which constitute the habitat of any endangered or threatened species of the Philippine wildlife (flora and Fauna) Areas of unique historic, archaeological or scientific interest LIST OF ECA Categories As declared by Proclamation No. 2146 (1981) Areas with critical slopes Areas classified as prime agricultural land Recharged areas of aquifers Water bodies characterized by one or any combination of the following conditions: tapped for domestic purposes; within the controlled and/or protected areas declared by  LIST OF ECA Categories As declared by Proclamation No. 2146 (1981) Mangrove areas characterized by one or any combination of the following conditions: with primary pristine and dense young growth; adjoining mouth of major river systems, 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 people dependent for their livelihood. Coral reefs characterized by one or any combination of the following conditions: with 50% and above live coralline cover; spawning and nursery grounds for fish; acts as natural breakwater of coastlines. Class 1 and 2 Caves (Memorandum Circular No. 2014-004 dated  R.A. 7586 or the NATIONAL INTEGRATED PROTECTED AREAS SYSTEM Act of 1992 (June 1, 1992) Section 12. Environmental Impact Assessment – Proposals for activities which are outside the scope of the management plan for protected areas shall be subject to an environmental impact assessment as required by law before they are Sohoton Natural Bridge  ENVIRONMENTAL MANAGEMENT Department of Environment and Natural BUREAU REGION 8 Resources "ALL PROJECTS THAT WILL BE LOCATED IN A PROTECTED AREA SHOULD SECURE AN ECC" E N VI R O N M E N T A L I M P A CT S T U D Y a document, prepared and submitted by the project proponent and/or EIA Consultant that serves as an application for an ECC. It is a comprehensive study of the significant impacts of a project on the environment. INITIAL E N VI R O N M E N T A L E X A M I NATION a document similar to an EIS, but with reduced details and depth of assessment and discussion. I E E CH E CK LI S T a document similar to IEE, however, it is a question and answer form  ENVIRONMENTAL MANAGEMENT Department of Environment and Natural BUREAU REGION 8 Resources Projects may require either an ECC or CNC depending on the threshold or capacity. Department of Environment and Natural Resources EMB Memorandum Circular 2014-005 Guidelines for Coverage Screening and Standard Requirements under the Philippine Environmental Impact Statement System (PEISS) amending relevant portions of MC 2007-002 https://eia.emb.gov.ph/wp-content/uploads/2020/07/ Revised- Guidelines_Threshold_MC-2014-005.pdf  Annex A Project Treshold for Coverage Screening and Categorization EMB Memorandum Circular 2020-27: Project threshold for Extraction of Non- Metallic Resources applying for Environmental Compliance Certifi cate  Annex A Project Treshold for Coverage Screening and Categorization EMB Memorandum Circular 2022- 06: Amended Project Threshold for Resorts and Other Tourism/ Leisure Projects Securing an ECC  Requiremen ts Downloadable/Fillable Forms: ECC Applications for 1.Project Description Category B: Non- ECP within 2.Environmental Management Plan ECAhttps:// - IEE Projects (EMP) ecconline.emb.gov.ph/live/ 3.Initial Environmental Examination (IEE) Checklist Report 4.PEMAPS Questionnaire 5.Project Components 6.Sworn Statement  Per EMB MC 2022-02 Documentary Requirements: 1.Geotagged photographs of project site (taken for last 30 days) 2.Certification from LGU on the compatibility of proposed project with existing land use plan 3.Project/Plan layout signed by registered professionals ECC Applications for 4.Proof of authority over the project site (land title, lease Category B: Non- contract, deed of absolute sale, etc.) (Area Clearance from MGB for Mountain Quarry and Sand and Gravel Projects) ECP within ECA - IEE 5.Received Application from DENR for Foreshore Lease Projects Agreement, SLUP, FLAG, FLAG-T (if applicable) 6.PAMB Resolution and SAPA Application from DENR (if within https:// Protected Area) ecconline.emb.gov.ph/ 7.Geological Assessment (MGB) & Area Status Clearance live/ from DENR for (SAG Projects) 8.Geohazard (GIR) from MGB-8 (for Subdivision Projects) 9.Geohazard (GIR) from MGB-8 & Site Assessment Report from EMB-8 (for Sanitary Landfill Projects)  Requiremen ts 1.Project Layout/Plan CNC Application 2. ID (validgovernment/company for Category D issued) 3.Geotagged photograph Projects of project site https:// 4.Sworn Statement (notarized) cnconline.emb.gov.ph/ 5.Order of Payment/ Bank Receipt  Requiremen CNC Application for ts1.CNC Project Description Category C Projects 2. Project Layout/ Plan (Environmental - Must be signed by the Enhancement proponent and the professional who prepared Measures) it To be processed in the Regional Office 3. Barangay/ LGU Resolution  ECC VALIDITY ECC is valid through out the entire project lifetime provided: There is no project expansion; There is no change in technology; There is no change in location; Project was implemented within five (5) years from the date of issuance Department of Environment and Natural Resources DENR MC NO. 2007 -No08 permits, and/or clearances issued by other National Government Agencies and Local Government Units shall be required in the processing of ECC or CNC applications. The findings and recommendations of the EIA shall be transmitted to relevant government agencies for them to integrate in their decision making prior the issuance of clearances, permits and licenses under their mandates. The issuance of an ECC or CNC for a project under the EIS System does not exempt the proponent from securing other government permits and clearances as required by other laws. The current practice of requiring various permits, clearances and licenses only constrain the EIA evaluation process and negate the purpose and function of the EIA.  Department of Environment and Natural Resources The EIA Process in Relation to Other Agencies’ Requirements "The final decision whether a project will be implemented or not lies either with the LGUs who have spatial jurisdiction over the project or with the lead government agency who has sectoral mandate to promote the government program where the project belongs, e.g. DOE for energy projects; DENR-MGB for mining projects. " Department of Environment and Natural Environmental Management Bureau Resources Region 8 FINES, SANCTIONS and PENALTIES UNDER P.D. 1586 (The Philippine Environmental Impact Statement System)  SECTION 4 of P.D. 1586 states that “xxx. No person, partnership or corporation shall undertake or operate any such declared environmentally critical project or area without first securing an Environmental Compliance Certificate issued by the President or his duly authorized representative. xxx”  Department of Environment and Natural Environmental Management Bureau Resources Region 8 “Section 9. Penalty for Violation. Any person, corporation or partnership found violating Section 4 of this Decree, or the terms and conditions in the issuance of the Environmental Compliance Certificate, or of the standards, rules and regulations issued by the National Environmental Protection Council pursuant to this Decree shall be punished by the suspension or cancellation of his/its certificate and/or a fine in an amount not to exceed Fifty Thousand Pesos (P50,000.00) for every violation thereof, at the discretion of the National  Department of Environment and Natural Resources Violations of Provisions of PD 1586 and DAO 2003-30 are classified as follows: A.Projects with or without ECCs B.Projects are established and/or operating without an ECC C.Violations of Conditions of ECCs with old format referring to submission of documents, conduct of studies and other conditions within the mandate of other agencies. D.Projects violating ECC conditions and EMP Commitments and other procedural requirements of the Philippine EIS System. Violations in relation to ECC conditions are classified as: Minor MINOR OFFENSES 1.non-submission or delay in submission of reports/requirements; 2.Transfer of ownership of the project/ECC without prior approval from ECC issuing authority; 3.Delay or failure to initiate formation or implementation of ECC conditions which do not have significant impacts on the environment; 4.Non-compliance with administrative conditions in the ECC; 5.Non-compliance with administrative and technical procedural guidelines in the DAO 2003-30 and its Revised Procedural Manual; and 6.Other offenses deemed “minor” at the discretion of the EMB CO/RO MAJOR OFFENSES 1.non-implementation of substantive conditions in the ECC on the EMP and EMoP and other related substantive commitments in the EIA Report, including modifications during EIA Report Review; 2.Exceedance of project limits or area; 3.Significant addition of project component or product without prior DENR- EMB approval. 4.Major change in project process or technology resulting in unmitigated significant impacts not addressed by approved EMP; 5.Other offenses deemed “major” at the discretion of the EMB CO/RO Director.  Environmental Management Bureau Region 8 E. MISREPRESENTATION IN THE EIA REPORT OR ANY OTHER EIA DOCUMENTS All misrepresentations, whether material or minor constitute violations on the theory that full disclosure in the EIA Report is the key to the effective use of the EIS System as a planning and management tool.  Department of Environment and Natural Resources ASSESSMENT AND COMPUTATION OF FINES A. Failure to pay a fine imposed by the Secretary, EMB Director or the RD constitutes an offense separate from the original offense that brought about the imposition of the original fine and may warrant the imposition of another fine, and/or the issuance of a Cease and Desist Order (CDO). B. For projects operating without an ECC: The sum of P50,000.00 is set as reduced at the discretion of the Secretary, the EMB Director, or the RD, considering the circumstances of each case, i.e. impact of the violation on the environment. The project may be subjected to penalty following the mechanics of reduction as shown in Table 2-2. (EMB Memorandum Circular No. 002, Series of 2007 or the Revised Procedural Manual for DENR Administrative Order No. 2003-30) Environmental Management Bureau Region 8 C. In case of violation of ECC conditions, EMP, or EIS rules and regulations: The sum of P50,000.00 is again set as the maximum amount of fine per violation. Violation of one condition in the ECC is an offense separate and distinct from the violation of another condition. It is possible that a respondent be subjected to a fine of more than P50,000.00 if more than one ECC condition is violated. However, the amount of fine per violation may be accordingly reduced, following the schedule of fines presented in Table 2-3. (EMB Memorandum Circular No. 002, Series of 2007 or the Revised Procedural Manual for DENR Administrative Order No. 2003-30) Department of Environment and Natural Resources 3 6 Department of Environment and Natural Resources D. Misrepresentation in the EIA Reports or any other documents submitted by the Proponent. This violation shall be subjected to due process and may result to a fine in a fixed maximum amount of PhP 50, 000.00 for every proven misrepresentation.