Environmental Impact

Assessment System
Lecture 17

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 Legal Bases of EIA
 PD 1151 Philippine Environmental Policy, 1977
 PD 1152 Philippine Environmental Code, 1977
 PD 1586 Philippine Environmental Impact Statement (EIS)
System,1978
 E.O. 192 DENR, 1986
 E.O. 292 Administrative Code, 1987
 DAO 92-21 Implementation of EIS, 1992
 E.O. 291, s. 1996 Continuous Strengthening of EIA
Capability of DENR, 1996
 DAO 96-37 Strengthening of EIS, 1996
 AO 42, s.2002 Rationalizing the Implementation of Philippine
EIS
 DAO 2003-30 IRR for the EIS, 2003

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 Environmental Impact Assessment
(EIA) System
• A tool used by project planners whereby proposed projects
are analyzed for the possible impact that their
implementation may have on the environment
• A process of identifying, predicting, evaluating and
mitigating the biophysical, social, and other relevant effects
of proposed projects and physical activities before making
major decisions and commitments for their implementation

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 PD 1586, Philippine Environmental Impact
Assessment System 1978
• Established the EIA System
• required all agencies and instrumentalities of the national government,
including government-owned or controlled corporations, as well a private
corporations, firms and entities to prepare, file and include in every
action, project or undertaking which significantly affects the quality of the
environment an “Environmental Impact Statement”
• Required an Environmental Compliance Certificate (ECC) for
environmentally critical projects (ECPs) or projects located on
environmental critical areas (ECAs)
• ECC require preparation of Project Documents or PD for ECAs and
Environmental Impact Statement of EIS for ECPs.

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 PD 1586 – Environmental Impact
Statement -- Contents
• The environmental impact of the proposed action, project or undertaking
including any adverse environmental effect which cannot be avoided
should the proposal be implemented.
• The mitigating measures to minimize adverse environmental effects.
• Alternatives to the proposed action.
• A determination that the short-term uses of the resources of the
government are consistent with the maintenance and enhancement of the
long-term productivity of the same.
• Whenever a proposal involves the use of depletable or nonrenewable
resources, a study must be indicated that such use and commitment are
warranted.

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 Proclamation 2146 – Environmentally
Critical Projects
• Proclamation 2146 was issued on December
14, 1981
• listed the Environmentally-Critical Projects
– Heavy Industries
• Non-ferrous metal industries
• Iron and Steel Mills
• Petroleum and petro-chemical industries including oil
and gas
• Smelting Plants

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 Proclamation 2146 – Environmentally
Critical Projects
• II 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 and fishpond development

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 Proclamation 2146 – Environmentally
Critical Projects
• III Infrastructure Projects
– Major dams
– Major power plants (fossil-fueled, nuclear fueled,
hyrdo electic or geothermal)
– Major reclamation projects
– Major roads and bridges

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 Proclamation 803, s.1996
• President Fidel Ramos under Proclamation
803 issued in 1996 added golf course to the
list of environmentally critical projects

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 Presidential Proclamation 2146 –
Environmentally Constrained Areas
• All areas declared by law as national parks, watershed reserves,
wildlife preserves and sanctuaries
• Areas set aside as aesthetic potential tourist spot
• Areas which constitute habitats for any endangered or threatened
species of indigenous Philippine wildlife (flora and fauna)
• Areas of unique historic, archeological or scientific interests
• Areas which are traditionally occupied by cultural communities or
tribes
• Areas frequently visited or hard hit by natural calamities ( geological
hazards, floods, typhoons, volcanic activity etc.

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 Presidential Proclamation 2146 –
Environmentally Constrained Areas
• Areas with critical slopes
• Areas classified as prime agricultural lands
• Recharge 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 appropriate authorities
– Which supports wildlife and fishery activities

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 Presidential Proclamation 2146 –
Environmentally Constrained Areas
• Mangrove areas
– With primary pristine and dense young growth
– Adjoining mouth of major river systems
– Near or adjacent to traditional productive fry or fishing grounds
– Which acts as natural buffers against shore erosion, strong winds, and
storm floods
– On which people depends for livelihood
• Coral reefs
– With 50 % and above live coralline cover
– Spawning and nursery grounds for fish
– Which acts as natural breakwater of coastlines

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 A0 42 - Environmental Impact Assessment

• issued by the President of the Philippines on November 2,

2002
• Sec 2 A reiterated the planning nature of the EIS process
requiring the EIA studies to be carried simultaneous with the
feasibility study.
• The ECC covers contractual agreement between the project
proponent and the government agency

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 A0 42 Environmental Impact Assessment
• Highlights of AO 42 Sec 2 B
– President delegated his authority to issue the ECC to the
Director of EMB and the EMB regional directors as follows:
– Environmentally critical projects- Director EMB endorses and
Secretary DENR approves.
– Non environmentally critical projects located in critical areas-
EIA Division chiefs endorses and the EMB Director or Regional
Director approves
– Projects not covered by the EIS or Certificate of Non-Coverage-
EIA Chief endorses, EMB Director or EMB regional Director
approves.

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AO 42 - Environmental Impact Assessment
• Sec 2 B also sets the maximum time frame for processing. If the
time frame is exceeded the ECC application is deemed
automatically approved and the ECC must be issued within 5
days after the lapse of the prescribed processing period.
• For environmentally critical projects the maximum processing
period is 120 working days
• For non-environmentally critical projects in environmentally
critical areas the maximum processing time is 60 working days.
• For the Certificate of Non Coverage the maximum processing
time is 15 working days.

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 A0 42- Environmental Impact Assessment

• Sec 2 C also limits the number of times request for additional

information could be made to a maximum of two and has to
be done in writing. (note: processing time is on hold while the
applicant secures the additional information.

• Sec 2 D- EMB in coordination with DTI is authorized to

update/revise the technical guidelines including the technical
definition of Environmentally Critical Projects and
Environmentally Critical Areas considering industrial and
technological innovations

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 DAO 2003-30 IRR -Environmental Impact
Statement (EIS) System
• Implementing Rules and Regulations for the
Philippine EIS System
– Clarification on the Scope of the Philippine EIS
System.
– Simplification of Requirements for Securing ECC.
– Streamlining of Procedures.
– Strengthening the Implementation of the
Philippine EIS System

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Environmental Impact Assessment
• DENR DAO 2003-30 Implementing Rules and Regulations for the
Philippine EIS System
– More detailed regulations to implement AO 42
signed by Secretary DENR on July 20, 2003.
– Sec1- restatement of the State Policy on
environment, however, one important feature is
the definition of the processing time. Sec1 g, the
processing time is defined as the time to
processes and action within EMB control and does
not include actions and activities that are the
responsibility of the proponent. Ie. Gathering
additional data

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Environmental Impact Assessment
• Sec 4-Scope of the EIS System
• Sec 4.2 Clarification that the issuance of the ECC does not
exempt the project from other licenses
• Sec 4.3 Adds categorization of projects according to impacts
(Category A,B,C,D)
• Sec 4.4 introduces a programmatic EIA so that co-located
projects will only secure one ECC
• Sec 4.5 Projects that improves the environment or category C
will only have to submit a project description
• Sec 4.6- Projects unlikely to cause any environmental harm may
secure a CNC

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Environmental Impact Assessment
• Sec 4.7 Projects using new technologies or construction
techniques that may cause significant negative environmental
impacts shall be required to submit a Project Description. The
Project description will be used for screening and categorization
• Sec 5.1 Describe the requirements for a CNC
• Sec 5.2 The contents of the EIA study reports and other
documents
• Sec 5.4 Documentation required from the Review Committee,
the review process, and the decision documentation

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 Environmental Impact Assessment
• Sec 9 – Monitoring – which may be carried out by a team (Sec 9.1) or
by third party or self monitoring (Sec 9.2)
• Sec.9.3- Environmental Guarantee Fund
• Sec 9.4 Abandonment
• Sec 10 -through coordination with other government agencies
• Sec 11- Use of Information system for information dissemination
• Sec 12- Accreditation system of professionals for auditors
• Sec 13- Strengthening the EIAM Division
• Sec 16- Reiterating the penalties of P50,000 per violation as per Sec 9
of PD1586

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 Environmental Impact Assessment -- Revised
Procedural Manual of August 2007

• Highlights

– No permits, clearances, or licenses from other

government agencies are required prior to the
processing of the EIA and issuance of the ECC
• The ECC will advise and pinpoint environmental
concerns for the agencies to consider in their decision
making process

– To reflect those changes the ECC is divided into

sections:
– Conditions falling under EMB mandate
– Advise to the other government agencies
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 Scope of the EIS System
Project/Undertaking

Covered Not Covered

ECC CNC

Category A Category B Category C Category D

Category A – Environmental Critical Projects (ECP)

Category B – Projects located in Environmentally Critical Areas (ECA)
Category C - Projects enhancing environmental quality or address existing
environmental problems
Category D – Projects not falling under other categories or unlikely to cause
adverse environmental impacts

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 Where Environmental Impact Assessment fits into
Integral Planning Process

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 Project screening – is an EIA needed?
Scoping – which impacts and issues to consider?
Description of the project/development action
Description of the environmental baseline
Identification of key impacts

Important Prediction of impacts

steps in EIA Evaluation and assessment of significance of impacts Public
Consultation
Identification of mitigating measures
process
Presentation of findings in an EIS (including a non-
technical summary)

Review of the EIS

Decision-making

Post-decision monitoring
Auditing of predictions and of mitigation meaures

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 Stages of the EIA
• Initial Phase
– Pre-screening
– Scoping
• Study Phase
– Site Characterization and Prediction of Impacts
– Evaluation of Impacts and Proposed Alternatives
– Identification and assessment of mitigating measures
– Preparation of EIS
• Post Study
– Review of the Submitted EIS
• Granting of the ECC

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 Flow Chart For EIS Preparation
and Submission
Annotated Screen Secondary Envt’l Risk Risk
EIS Outline Alternatives Data Assessment Management

Impact Envt’l Mgmt. EIS

Assemble Data EIS
Scoping Assessment Plan Compilation
EIS Team Gathering Submission
and Analysis Formulation and Writing

Minimum Primary
requirements Data

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 Environmental Impact
Assessment: Aldo Leopold
Matrix
PROJECT ACTIONS
Design Site preparation Construction Monitoring

E
N Biotic
V
I
R Abiotic
O
N
M
E Physical
N
T
Social

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 Documentary Requirements & Processing Time
CATEGORY APPLIED TO DOCUMENTS REQUIRED FOR MAXIMUM TIME TO GRANT
ECC APPLICATION OR DENY THE APPLICATION
& DECIDING AUTHORITY
A-1: New Co-located Programmatic EIS 180 days
Projects
DENR Secretary
A: Single Projects EIS 120 days
Environmentall DENR Secretary
y Critical
Projects A-2: Existing and to be Co-located Programmatic EPRMP 120 days
expanded (including Projects DENR Secretary
undertakings that have
stopped operations for
more than 5 years and Single Project EPRMP 90 days
plan to re-start, w/ or w/o EMB Central office Director
expansion

A-3:Operating without
ECC
B-1: New Single Project IEE or IEE Checklist (if 60 days
available) EMB Regional Director

B: Projects B-2:Existing and to be Single Project EPRMP (based on a checklist 30 Days

located in an expanded (including if available) EMB Regional Director
ECA undertakings that have
stopped operations for
more than 5 years and Co-located PEPRMP 60 days
plan to re-start, w/ or w/o Project EMB Central Office Director
expansion)

B-3: Operating without

ECC
C:
Environmental Co-located or Project Description 15 days
Enhancement Single Projects EMB Regional Director
or Direct
Mitigation
D. Not Covered Project Description or Proof 15 days
of Project Implementation EMB CO or RO Director
prior to 1982
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 EIA Process follows
the Planning Cycle

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 Amending an ECC
• Major Amendment
 Expansion of land/project area
 Increase in production capacity
 Major change/s in process flow or technology
• Minor Amendment
 Typographical error
 Extension of deadlines for submission of post-ECC requirement/s
 Extension of ECC validity
 Change in company name/ownership
 Decrease in land/project area or production capacity

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 Monitoring of Projects with ECCs
• Multipartite Monitoring Team (MMT)
 Environmental Monitoring Fund
• Self-monitoring and Third Party Audit
• Environmental Guarantee Fund
 Mandatory Environmental Insurance Coverage (AO 2005-06)
• Abandonment

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 Fees, Fines and Penalties
• Upon submission of the application shall pay filing fees and other fees in
accordance with prescribed standard cost and fees.
• Penalty of suspension or cancellation of ECC and/or fine of not more than
P50,000/violation
 Projects established and/or operating without ECC
 Projects violating ECC conditions, EMP, Rules and Regulation
 Misrepresentation in the EIS/IEE or any other Documents submitted

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 Thank you!

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