Philippine Environmental Impact Statement System (PEISS) PDF

iACADEMY The premier school for tech and design Module 2: PHILIPPINE ENVIRONMENTAL IMPACT STATEMENT SYSTEM (PEISS) TOPICS IN THIS MODULE Legal and regulatory framework Environmental Impact Assessment Environmental Compliance Certificate Environmentally Critical Project/Areas ...

iACADEMY The premier school for tech and design Module 2: PHILIPPINE ENVIRONMENTAL IMPACT STATEMENT SYSTEM (PEISS) TOPICS IN THIS MODULE Legal and regulatory framework Environmental Impact Assessment Environmental Compliance Certificate Environmentally Critical Project/Areas  The Philippine Environmental Impact Statement System (PD 1586) ESTABLISHING AN ENVIRONMENTAL IMPACT STATEMENT SYSTEM INCLUDING OTHER ENVIRONMENTAL MANAGEMENT 4 RELATED MEASURES AND FOR OTHER PURPOSES  BASIC POLICY AND OPERATING PRINCIPLES OF THE PEISS  Consistent with the principles of sustainable development, it is the policy of the DENR to implement a systems- oriented and integrated approach to the EIS system to ensure a rational balance between socio-economic development and environmental protection for the benefit of present and future generations. 5  BASIC POLICY AND OPERATING PRINCIPLES OF THE PEISS  KEY OPERATING PRINCIPLES:  Concerned primarily with assessing the direct and indirect impacts of a project on the biophysical and human environment  Aids Proponents in incorporating environmental considerations in planning their projects  Project Proponents are responsible for determining and disclosing 6 all relevant information necessary for a methodological assessment of the environmental impacts of their projects  COVERAGE OF THE PEISS  The PEISS covers undertakings that have significant adverse impact to the environmental quality.  Proclamation No. 2146 defines undertakings that are either Environmentally Critical Projects (ECPs) or located in Environmentally Critical Areas (ECAs) are within the scope of the PEISS.  ECAs are declared under Proclamation No. 2146 and according to the parameters set forth in EMB MC 005-2014 (Revised Guidelines for Coverage Screening and Standardized Requirements under the Philippine EIS System). 4  COVERAGE OF THE PEISS  ECPs are categorized as Category A while Category B are projects that are not classified as Category A but are likewise deemed to significantly affect the quality of the environment.  Projects or undertakings which are intended to directly enhance the quality of the environment or directly address existing environmental problems are classified under Category C while those that do not pose significant environmental impacts are classified as Category D. 8  COVERAGE OF THE PEISS An Environmental Compliance Certificate (ECC) has to be secured for projects categorized as Category A and Category B prior to project implementation. 9  Basic Concepts for Environmental Impact Assessment 10  DEFINITION of EIA A "process that involves predicting and evaluating the likely impacts of a project (including cumulative impacts) on the environment during construction, commissioning, operation and abandonment. It also includes designing appropriate preventive, mitigating and enhancement measures addressing these consequences to protect the environment and the 11 community's welfare." DEFINITION of EIA  Environmental Impact Assessment is A formal process for identifying: likely effects of activities or Environment is projects on the broadly interpreted: ENVIRONMENT, and on physical, biological, human health and welfare. and social. means and measures to In EIA, the term mitigate & monitor these “impacts” is used impacts instead of “effects 12 of activities.” What is an impact? WHAT IS AN IMPACT? The impact of an activity is a deviation (a change) The baseline from the baseline condition condition is the that is caused by the activity. existing environmental situation or condition in the absence of the !To measure an impact, you activity. must know what the baseline situation is. The baseline 13 condition is a key More… concept in EIA. THE BASELINE CONDITION Water Quantity, quality, reliability, In characterizing the accessibility baseline condition, Soils Erosion, crop productivity, many environmental fallow periods, salinity, components MAY be nutrient concentrations of interest Fauna Populations, habitat The components of Env Health Disease vectors, pathogens interest are those that are likely to be affected Flora Composition and density of 14 by the activity—or natural vegetation, upon which the activity productivity, key species depends for its success Special Key species ecosystems THE BASELINE CONDITION The baseline condition is Water table not simply a “snapshot.” Describing the baseline situation requires describing both the normal variability in environmental components & time current trends in these components. This chart of groundwater levels shows both variability and a trend over time. 15 Both are part of the groundwater baseline situation. TYPES OF IMPACTS & THEIR ATTRIBUTES Direct & indirect The EIA process is impacts concerned with Short-term & long- all types of impacts and term impacts may describe them in a Adverse & beneficial number of ways impacts Cumulative impacts  Intensity  Direction  Spatial extent 16  Duration But all impacts are  Frequency  Reversibility NOT treated  Probability equally. WHAT IS AN ACTIVITY? We are discussing the impacts of activities. What are activities?  An activity is: a desired accomplishment or output Accomplishing an activity Ex: road construction, power production, or requires a set of actions river diversion to ACTIVITY: ACTIONS: irrigate land mining Survey, grading, site operation clearing, tree cutting, 17 relocation, river diversion, culvert A project or program may construction, consist of many activities compaction, etc.. THE EIA PROCESS Phase II: Phase I: Full EIA study Initial inquiries (if needed) Understand proposed activities Scope Evaluate baseline situation Screen Identify & choose alternatives Conduct preliminary Identify and characterize potential assessment (if impacts of proposed activity 18 needed) Develop mitigation and monitoring Communicate and document Our focus! PHASE 1 OF THE EIA PROCESS: UNDERSTAND THE PROPOSED ACTIVITY Understand ALL EIA processes begin with the proposed activities understanding WHAT is being proposed, Why is the and WHY. activity being The question proposed? “WHY IS THE ACTIVITY BEING PROPOSED? What is being Is answered with the development objective (D.O.). proposed? X “building a road” Not a D.O.! √ “increasing access to markets” Is a D.O. “If we don’t 19 understand We must understand the it, we can’t Development Objective to identify assess it!” environmentally sound alternatives PHASE 1 OF THE EIA PROCESS: SCREEN THE ACTIVITY Screen each activity screening classifies the activity into Based on the a RISK CATEGORY: nature of the activity, what VERY LOW RISK EIA process ends level of environmental VERY HIGH RISK Do full EIA study analysis is indicated? MODERATE OR Do preliminary UNKNOWN RISK assessment 20 The outcome of the screening process determines the next step in the EIA process  Screen PHASE 1 OFthe THEActivity EIA PROCESS: SCREEN THE ACTIVITY !Each national EIA law has its own set of screening questions. √ Screening 21  Screen PHASE 1 OFthe THEActivity EIA PROCESS: SCREEN THE ACTIVITY  The purpose of screening is to determine whether a proposal requires an EIA or not.  Screening also determines what document type the proponent will prepare and submit to EMB for ECC application as well as the endorsing and decision 22 authorities. WHAT IS MITIGATION?   Mitigation is... The implementation of measures designed to reduce the undesirable effects of a proposed action on the 23 environment TO ARRIVE AT FINDINGS: IDENTIFY, PREDICT AND JUDGE Arriving at the FINDINGS in a preliminary assessment requires 3 steps: 1 Identify potential Many resources describe the potential impacts impacts of typical small-scale activities. 2 Determine which potential impacts are likely Predict potential to become actual, and quantify these impacts impacts to the extent possible. 3 Judge the Determine whether the predicted impacts are 24 significance of indeed significant! potential impacts THIS WILL OFTEN DEPEND ON HOW EFFECTIVE THE PROPOSED MITIGATION MEASURES ARE! ! We only proceed to Phase II of the EIA process if Phase I indicates that a FULL EIA STUDY is required Most small-scale activities do 25 not require a full EIA study! PHASE 2 OF THE EIA PROCESS: THE FULL EIA STUDY ! A formal scoping process precedes the study to ID The full EIA study has issues to be addressed very similar objectives ! Analysis of environmental and structure to a impacts is much more detailed preliminary assessment. Alternatives* must be However, the full EIA ! formally defined. The impacts of each alternative must be study differs in identified & evaluated, important ways: and the results compared. Public participation is ! usually required. A professional EIA team is usually required. PHASE 2 OF THE EIA PROCESS: THE FULL EIA STUDY With a few additions, the Basic steps of the full EIA study basic outline of the preliminary assessment is Scope Communicate & Document throughout the template for the steps Evaluate baseline involved in a full EIA study: situation Identify & choose 1. Background (Development alternatives objective, list of activities) Identify and characterize 2. Description of the potential impacts of baseline situation proposed activity and 3. Evaluation of potential each alternative 27 environmental impacts 4. Mitigation & monitoring Compare alternatives 5. Recommended Findings Develop mitigation and monitoring PHASE 2 OF THE EIA PROCESS: THE FULL EIA STUDY In summary,  √ The full EIA study is a far more significant effort than the preliminary assessment. It is reserved for activities for which screening or the preliminary assessment shows that significant impacts are likely. 28 WHO IS INVOLVED IN EIA? Proponents of the Public consultation is usually activity only REQUIRED for full EIA (usually commissions/conducts the EIA) studies. However, it is good practice Regulatory agencies for preliminary assessments Review authorities because: Broad-based public Predicting impacts is FACILITATED by broad- Communities (men & women) based public consultation; Civil society Judging significance is very Private Sector difficult without it. 29 Transparency and accessibility require disclosure to stakeholders EIA IN THE CONTEXT OF THE PROJECT PLANNING AND DECISION MAKING  The process of predicting the likely environmental consequences of implementing a project and designing appropriate preventive mitigating and enhancement measures as an input to decision making The emphasis , compared with many other mechanisms for environmental management, is on PD 1151 (June 1977) Philippine Environmental Policy PD 1586 (1978) Establishment of the Philippine Environmental Impact Statement (EIS) System Proclamation No. 2146 (1981) Proclaiming Certain Areas and Types of Projects as Environmentally Critical and Within the Scope of the Environmental Impact Statement System EO 291 (1996) Improving the Phil. EIS System AO No. 42 (2002) Further Simplification of the the Requirements and Streamline Processing of ECC  IMPLEMENTING RULES & REGULATIONS DAO 30-2003 Revised Procedural Manual (EMB MC 002-2007) EMB MC 005-2011 Integrating Disaster Risk Reduction (DRR) and Climate Change Adaptation (CCA) concerns in the PEISS EMB MC 05-2014 Revised Guidelines for Coverage Screening and Standardized Requirements Under the PEISS EMB MC 27-2020 Project Threshold for the Extraction of Non-Metallic Resources Applying for ECC  Proclamation No. 2146 (1981) A. ENVIRONMENTALLY CRITICAL PROJECTS (ECP) 1. HEAVY INDUSTRIES Non-ferrous metal industries, Iron & steel mills, Petroleum & petro- chemical industries, including oil & gas, Smelting plants 2. RESOURCE EXTRACTIVE INDUSTRIES Major mining & quarrying projects, Forestry projects, Fishery projects (dikes for fishpond development projects) 3. INFRASTRUCTURE PROJECTS Major dams, Major power plants, Major reclamation projects Major roads and bridges 4. GOLF COURSE PROJECTS B. ENVIRONMENTALLY CRITICAL AREAS 1. Areas declared by law as national parks, watershed reserves, wildlife preserves & sanctuaries 2. Areas set aside as aesthetic potential tourist spots 3. Areas which constitute the habitat for endangered/threatened species of indigenous Philippine wildlife (flora & fauna) 4. Areas of unique historic, archaeological, or scientific interests 5. Areas which are traditionally occupied by cultural communities 6. Areas frequently visited and/or hard-hit by natural calamities, geologic hazards, floods, typhoons, volcanic activity, etc. 7. Areas with critical slopes 8. Areas classified as prime agricultural lands 9. Recharged areas of aquifers 10. Water bodies 11. Mangrove 12. Coral reefs  EIA PROCESS & PROJECT CYCLES Detailed EIA, Identification of Mitigation Needs, inputs to Cost Benefit Analysis Findings and recommendations of EIA considered in various permits and licenses needed Feasibility P C Pre-feasibility Site selection, environmental screening, initial Detailed design of r y assessment, scoping mitigation measures o c Project Detailed Engineering j l Conceptualization/ & Design Improvement e e Implementation c Monitoring and of mitigation measures t evaluation of environmenta Project Operation & l performance Construction Maintenance & Development  EIA DOCUMENT REQUIRED Project Category Documentary Jurisdiction Requirements A: ECP Co-located Programmatic EIS EMB Central projects EIS Office Single/Multiple EPRMP Project Components B: Non-ECP Single/Multiple EIS EMB Regional Project EPRM Office ONLINE Components P APPLICATION IEE Checklist C: Environmental Environmental PD EMB Regional Enhancement Enhancement Office Project or Direct Projects Mitigation D: Not Covered Not Covered PD ONLINE APPLICATION  EIA DOCUMENT REQUIRED Project Applied To Document Category Required B: Non-ECP B-1: New Co-located projects Programmatic EIS Single Project EIS IEE Checklist B-2: Existing, to be Single Project EPRMP expanded, modified EPRMP Checklist and/or rehabilitated Co-located PEPRMP B-3: Operating without ECC  EIA Procedures Detailed Submissions from Action Activities Proponent a. Scoping Site/Public PDS Approval from Scoping Pre-IEC Activity EMB (EMB to witness) Technical Summary of Issues & Scoping Concerns Once complete, EMB List of Participants/ to schedule a tech Stakeholders invited scoping with the EIA PDS Review Team EIS Scoping Checklist Signed Screening Forms b. EIA Study & Proponent Proponent driven Report conduct Preparation data gathering  EIA Detailed Activities Submissions from Action Procedures Proponent c. Review Screening of Draft EIS Signed EIS Scoping Checklist Approved Screening Procedural (signed by the EIA Review Form and Screening Team, Proponent, Preparer) Evaluation Substantive Review Send Notice to the Draft EIS Review Team created during the scoping process First EIA Review Public Consultation can be AI Letter scheduled Public Consultation Report on Public 2nd Review (last Consultation; review) Proponent responses to AI & on the Issues and concerns raised during the PC; Review Team Report Recommendation other supporting docs Required  EIA Detailed Activities Submissions from Action Procedures Proponent d. Decision draft decision Final EIS Report Approval document Minutes of the meetings CSW Draft ECC/Denial e. Compliance Monitoring DOCUMENTARY REQUIREMENTS TO BE SUBMITTED WITH THE EIS  Proof of compatibility with the existing land use plan  Proof of ownership or authority over the project site  MPSA (mining project) Approved Operating Agreement TCT  DECISION ON EIA DOCUMENT  Decision documents may either be an: Environmental Compliance Certificate (ECC) Certificate of Non-Coverage (CNC) Denial Letter  Based on striking balance between socio- economic growth & environmental protection  Uses environmental and socio-economic criteria  Primacy of jurisdiction of other  government agencies is respected & supported ENVIRONMENTAL COMPLIANCE CERTIFICATE (ECC) - 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  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  VALIDITY OF THE ECC  Once project is implemented, ECC remains valid and active for the lifetime of the project (unless otherwise specified);  Sustains the active commitments of the proponents to comply with conditions of the ECC and with environmental regulations  EXPIRY OF THE ECC  Not implemented w/in 5 years from ECC issuance EMB MC 31-2020 Guidelines on the 5-Year Validity of ECC Pursuant to DAO 30-2003 SAMPLE ECC SAMPLE ECC SAMPLE ECC  DECISION ON EIA DOCUMENT  Certificate of Non-Coverage - certifies that, based on the submitted Project Description Report, the project is not covered by the EIS System and is not required to secure an ECC. Further, the CNC advises the Proponent on coverage to other requirements by other DENR offices, LGUs or other government agencies.  DECISION ON EIA DOCUMENT  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. 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.  DEFINITION OF TERMS a. CENRO - the Community Environment and Natural Resources Office of the Department of Environment and Natural Resources. b. DENR - the Department of Environment and Natural Resources. c. EIS Procedural Manual - a detailed guide on the procedures to be observed by the parties involved in the EIS System. It shall include, among others, guidelines on publicparticipation and social acceptability, the EIS/IEE review criteria, and scoping procedures. d. EMB - the Environmental Management Bureau of the DENR. e. EMPAS – the Environmental Management and Protected Areas Sector of the DENR Regional Office. f. Environmental Compliance Certificate (ECC) – the document issued by the DENR Secretary or the Regional Executive Director certifying that based on the representations of the proponent and the preparers, as reviewed and validated by the EIARC, the proposed project or undertaking will not cause a significant negative environmental impact; that the proponent has complied with all the requirements of the EIS System and that the proponent is committed to implement its approved Environmental Management Plan in the Environmental Impact Statement or mitigation measures in the Initial Environmental Examination.  DEFINITION OF TERMS g. Environmentally Critical Area (ECA) - an area that is environmentally sensitive and is so listed under Presidential Proclamation (Pres. Proc.) No. 2146, Series of 1981 as well as other areas which the President of the Philippines may proclaim as environmentally critical in accordance with section 4 of P.D. No. 1586. h. Environmentally Critical Project (ECP) - a project that has high potential for significant negative environmental impact and is listed as such under Pres. Proc. No. 2146, Series of 1981 and Pres. Proc. No. 803, Series of 1996, as well as other projects which the President may proclaim as environmentally critical in accordance with Section 4 of P.D. 1586. i. Environmental Guarantee Fund (EGF) - a fund that proponents required or opting to submit an EIS shall commit to establish when an ECC is issued by the DENR for projects or undertakings determined by the latter to pose significant public risk to answer for damage to life, health, property, and the environment caused by such risk, or requiring rehabilitation or restoration measures. j. Environmental Impacts - the probable effects or consequences of proposed projects or undertakings on the physical, biological and socioeconomic environment that can be direct or indirect, cumulative, and positive or negative.  DEFINITION OF TERMS k. Environmental Impact Assessment (EIA) - the process of predicting the likely environmental consequences of implementing projects or undertakings and designing appropriate preventive, mitigating and enhancement measures. l. Environmental Impact Assessment Review Committee (EIARC) - a body of independent technical experts and professionals of known probity from various fields organized by the EMB/RED whose main tasks are to evaluate the EIS and other documents related thereto, and make appropriate recommendations to the EMB/RED regarding the issuance or non-issuance of ECCs. m. Environmental Impact Statement (EIS) - the document(s) of studies on the environmental impacts of a project including the discussions on direct and indirect consequences upon human welfare and ecological and environmental integrity. The EIS may vary from project to project but shall contain in every case all relevant information and details about the proposed project or undertaking, including the environmental impacts of the project and the appropriate mitigating and enhancement measures.  DEFINITION OF TERMS n. Environmental Impact Statement (EIS) System – the entire process of organization, administration, and procedures institutionalized for purposes of assessing the significance of the effects of any project or undertaking on the quality of the physical, biological and socio-economic environment, and designing appropriate preventive, mitigating and enhancement measures. o. Environmental Management Plan (EMP) - a section in the EIS that details the prevention, mitigation, compensation, contingency and monitoring measures to enhance positive impacts and minimize negative impacts of a proposed project or undertaking. p. Environmental Monitoring Fund (EMF) - a fund that proponents required or opting to submit an EIS shall commit to establish when an ECC is issued by the DENR for its project or undertaking, to be used to support the activities of the multipartite monitoring team. q. Environmental Risk Assessment (ERA) -the use of scientific methods and information to define the probability and magnitude of potentially adverse effects which can result from exposure to hazardous materials or situations.  DEFINITION OF TERMS r. Initial Environmental Examination (IEE) - the document required of proponents describing the environmental impact of, and mitigation and enhancement measures for, projects or undertakings located in an ECA. The IEE shall replace the Project Description required under DAO 21, series of 1992. s. Multipartite Monitoring Team (MMT) - a multi-sectoral team covered for the primary purpose of monitoring compliance by the proponent with the ECC, the EMP and applicable laws, rules and regulations. t. PENRO - the Provincial Environment and Natural Resources Office of the DENR. u. Preparer - the proponent’s technical staff or a competent professional group commissioned by the proponent to prepare the EIS/IEE and other related documents. v. Project or Undertaking - any activity, regardless of scale or magnitude, which may have significant impact on the environment. w. Proponent - any natural or juridical person intending to implement a project or undertaking. x. Public Risk - exposure of public health or the environment to toxic substances, hazardous or organic wastes, extraction of natural resources, or activities or structures that could endanger life, health, property, or the environment.  DEFINITION OF TERMS y. Public Participation - a transparent, gender sensitive, and community-based process involving the broadest range of stakeholders, commencing at the earliest possible stage of project design and development and continuing until postassessment monitoring which aims to ensure social acceptability of a project or undertaking. z. RED - the Regional Executive Director of the DENR Regional Office. aa. Scoping - the stage in the EIS System where information and assessment requirements are established to provide the proponent with the scope of work for the EIS. bb. Secretary - the Secretary of the DENR. cc. Social Acceptability - the result of a process mutually agreed upon by the DENR, key stakeholders, and the proponent to ensure that the valid and relevant concerns of stakeholders, including affected communities, are fully considered and/or resolved in the decision-making process for granting or denying the issuance of an ECC. dd. Stakeholders - persons who may be significant affected by the project or undertaking, such as, but not limited to, members of the local community, industry, local government units (LGUs), non-governmental organizations (NGOs), and people’s organizations (POs).  SOURCES AND USEFUL LINKS:  Microsoft Word - PD 1586.doc (emb.gov.ph)  PROCLAMATION No (emb.gov.ph)  Revised-Procedural-Manual-DAO-03-30.pdf (emb.gov.ph)  EMB - National Capital RegionPowerPoint Presentation (emb.gov.ph)  cnconline.emb.gov.ph/projectchecker/OnlineApplication.aspx  Revised-Guidelines-for-Coverage-Screening-and-Standardized- Reqts.pdf (emb.gov.ph)  Laws and Policies | Environmental Impact Assessment | THANK YOU! See you next week! PRINECOL_RFN21 - Principles of Ecology Tuesday, 6:00 – 7:45pm Time zone: Asia/Manila Google Meet joining info Video call link: https://meet.google.com/iad-xfec-ncc  iACADEMY The premier school for tech and design