PD 1586

PD 1586
PHILIPPINE
ENVIRONMENTAL
IMPACT STATEMENT
SYSTEM (PEISS)
Revised Procedural Manual for DAO 2003-30
(Implementing Rules and Regulation of PD 1586)
PAGE 13 of the manual
For. Girliesina Sebarillo, PhD

Chief, Water Quality Management Section
DENR-EMB R4A
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)
OUTLINE OF PRESENTATION
1.0 Overview of the Phil. EIS System
2.0 Procedural requirements of the EIA process
3.0 Monitoring Protocol
3.1 Compliance Monitoring Report
4.0 Updates DAO 2017-15
4.1 Multi-partite Monitoring Team (MMT)
4.2 Environmental Monitoring Fund (EMF)
4.3 Environmental Guarantee Fund (EGF)
4.4 Compliance Monitoring Validation Report (CMVR)
2
BASIC POLICY AND OPERATING

PRINCIPLES OF THE PEISS
To ensure a rational balance

between socio-economic
development and
environmental protection for
the benefit of present and
future generation.
3
EMB MANDATES
Sec. 34, RA 8749, mandated to implement
on a nationwide scale the said Act
and other environmental laws to wit:
❑ RA 8749 (Clean Air Act of 1999)

❑ RA 9275 (Philippine Clean Water Act of 2004)
❑ PD 1586 (Environmental Impact Statement System of 1978)
❑ RA 6969 (Toxic Substances and Hazardous Waste Control Act of 1990)
❑ RA 9003 (Ecological Solid Waste Management Act of 2000)
❑ RA 9512 (Environmental Awareness and Education Act of 2008)
❑ RA 9729 (Climate Change Act of 2009)
4
ENVIRONMENTAL IMPACT
STATEMENT SYSTEM (PD 1586)
› Rationalizing the
Implementation of the
EIS System
› Giving authority, in addition

to the DENR Secretary,
to the Director and
Regional Directors of the
EMB to grant or deny the
issuance of ECCs.
5
ENVIRONMENTAL IMPACT STATEMENT

SYSTEM (PD 1586)
Requires ALL government agencies,
government-owned or controlled corporation
and private companies to prepare an
environmental impact assessment for any
projects that will significantly affect the
quality of the environment.
This assessment is essential in obtaining an
Environmental Compliance Certificate (ECC)
issued by DENR.
6
ASSESSMENT (EIA)
1. Predicting the
likely
environmental
consequences of
implementing a
project on the
environment
❑Construction
❑Commissioning
❑Operation
❑Abandonment
8
ASSESSMENT (EIA)
2. Designing appropriate
Preventive Mitigating and
Enhancement Measures to
protect the environment and the
community’s welfare
• (DAO 2003-30)
9
Environmental Impact Categories:
1. Geophysical 2. Biological
DENR
Administrative
Order No. 2000-28
March 14, 2000
firefly
3. Socio-cultural
“Implementing Guidelines
on Engineering
Geological and
Geohazard Assessment as
additional requirement
for ECC applications
covering Subdivision,
Housing and other Land
Development and
Infrastructure Projects”
10
REVIEW OF THE EIA REPORTS
❑ That environmental considerations are integrated

into overall project planning and the assessment is
technically sound and proposed environmental
mitigating measures are effective
❑ Project proponent are responsible for determining
and disclosing all relevant information necessary for
a methodical assessment of the environmental
impacts on their project
11
PROJECTS THAT WERE OPERATIONAL

PRIOR TO 1982
(Not covered by the Phil. EIS System (Category D) provided:
➢The existing process or ➢Ex. An Old Sugar Mill

operation prior to 1982 (established prior to 1982)
was not expanded in
terms in terms of deciding to put up sugar
production capacity refinery plant or
(volume or output; an Alcohol distillery plant as
number of product lines or part of its expansion
area) the area of program shall not qualify
expansion is located in an under this Non-Coverage.
Environmentally Critical
Area).
12

PRIOR TO 1982
➢The project had not ➢Ex. A fruit processing plant

stopped operation for that started operations
a continuous period of prior to 1982 but closed in
more than two (2) 2009,its resumption of
years since 1982. services or operations in
2012 shall be covered by
the EIS System
13

PRIOR TO 1982
➢Technology/production ➢Ex. Dismantling of

method or manufacturing facilities (part or entire)
process /operation used and constructing new
prior to 1982 was not with same capacity, size
modified. and technology is
➢ The existing project covered by the EIS
facilities or structure prior System.
to 1982 were not change,
rehabilitated or added to.
14
WHAT IS THE EIS REPORT?

❑ Environmental Impact Statement (EIS) is the formal official
document of studies of the environmental impacts of a project
including the discussions on direct and indirect consequences
upon human welfare and ecological and environmental integrity.
❑The EIS 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.
❑The EIS usually follow an outline prescribed by law or its

implementing guidelines
15
16
COVERAGE OF THE PEISS
• Environmentally Critical Projects (ECP)

• Non-ECP in
Environmentally Critical Areas (ECA)
• Programmatic Projects
• Category C Projects
• Category D Projects
17
ECP ECA PROGRAMMATIC PROJECTS CAT. C CAT. D
CAT. A CAT. B
ECPs CATEGORIES
Environmentally Critical Projects (ECP) are projects or industries that

have critical environmental impacts and therefore need to undergo
environmental impact assessments and need to acquire Environmental
Compliance Certificates (ECC) prior to implementation.
18
CAT. A CAT. B
CATEGORY A –
ENVIRONMENTALLY CRITICAL PROJECTS (ECPS)
1. HEAVY INDUSTRIES
2. INFRASTRUCTURE PROJECTS
3. RESOURCE EXTRACTIVE INDUSTRIES
4. GOLF COURSE PROJECT
19
CAT. A CAT. B
FOR ALL ENVIRONMENTALLY

CRITICAL PROJECTS (CATEGORY A)
➢ Public participation
requirement was
embodied in the
Procedural Manual
for DAO 2003-30.
➢GREENING PROGRAM
20
CAT. A CAT. B
CATEGORY B- Non ECP located in ECA
An ECC is required.
In accordance with Presidential Proclamation
No 2146, series of 1981, there are twelve (12)
main categories of ECA.
21
CAT. A CAT. B
All areas declared by law as
12 ECA CATEGORIES national park, watershed reserve,
(As per Presidential Proclamation 2146) wildlife preserves and sanctuaries
Areas declared as such under Republic Act No 7586;areas declared as such through other issuance s from pertinent national ,local govt agencies such as 22
Pres. Proclamations, executive orders, local ordinances and international commitments and declarations.
CAT. A CAT. B
WATER BODIES tapped for domestic purposes within

Coral reefs the protected area declared by appropriate authorities.
(mapped or identified by DENR and/or DA/BFAR ) (All natural water bodies Ex. Rivers, lakes ,bay that have been classified or not)
Habitat of indigenous flora and fauna- Recharge areas of aquifers

(areas identified as key biodiversity area of BMB) sources of water replenishment where rainwater or seepage enter the aquifers
CAT. A CAT. B
Areas with historic ,archaeological , or scientific

interest- (all areas declared as historic site under RA 10066 by NHCP ) Areas classified as Prime Agricultural land
(Agricultural activities that could provide optimum sustainable yield determined by
DA ,NIA ,LGUs through Zoning Ordinances)
Traditionally occupied by cultural

communities or tribes Mangrove Forest
24
( areas issued certificate of ancestral domain title by National Commission of IPs) ( mapped or identified by DENR) Mangrove areas
CAT. A CAT. B
Frequently visited and/or hard-hit by natural calamities Areas with critical slope
(geologic hazard as classified by MGB susceptible to landslide, floods prone as
identified by MGB, or PAGASA & volcanic activity designated by Phivolcs a
(lands with slope of 50% or more as determined by NAMRIA)
permanent danger zone ,prone to pyroclastic flow hazard, lava flow,lahar and other
Vulcanic hazard)
Areas set aside as aesthetic Potential tourist spots 25

(declared and reserved by LGU,DOT or other appropriate authorities for tourism development)
CAT. A CAT. B
Example : Potential
Tourist spot
(Balesin Island)
26
❑ DAO 2008-26 ( Project within protected area covered by PD 1586 or the
Philippine Environmental Impact Statement System)
No certificate of Non coverage shall be issued to projects located
within protected area.
All Environmental Compliance Certificate (ECC) applications
located within protected areas shall need clearance from the
Protected Area Management Board (PAMB) before the issuance
of ECC
As such all projects located within NIPAS shall be required to
secure ECC, Further , those projects located within NIPAS as
proclaimed under the law that falls under Category D shall be
elevated to Category B projects
27
ECA ECP PROGRAMMATIC PROJECTS CAT. C CAT. D
CAT. A CAT. B
Co-Located project
or
“PROGRAMMATIC“
within economic
zone or industrial
park.
28
CAT. A CAT. B
CATEGORY C
▪ Projects not falling under category A & B
▪ Intended to directly enhance the quality of the
environment or directly address existing
environmental problems.
▪ CNC may be issued.
ENVIRONMENTAL ENHANCING
1.Seawalls 5. Riverbanks Stabilization
2.Reforestation projects 6. Pollution Control devices or
3.Artificial Reefs facilities
4.Embankment 7. Overpass project
29
CAT. A CAT. B
1. Projects that were operational prior to 1982

2. Facilities for the Barangay Micro-Business
CATEGORY D 3.
Enterprises (BMBE) Projects
Transportation facilities
These projects are 4. Importation or purchase of equipment
not covered by the 5. Commercial establishments that sells only non-

perishable goods and/or showrooms for motor
Philippine EIS System vehicles and similar products without canteen or
food stalls
and are not required 6. Cut-flower industry/projects
to secure an ECC. 7. Environmental enhancement/improvement
projects such as tree planting in forests or sloping
Hence , CNC may be areas
issued. 8. Garments Manufacturing ( without dying)

9. Material Recovery Facility
10. Food and Related Industry
11. Family Dwellings/Apartment type
12. Health Care Waste Management 30
Starts on page 24
PROJECT THRESHOLDS FOR COVERAGE
SCREENING AND CATEGORIZATION
31
Starts on page 24
32
Starts on page 24
33
Starts on page 24
3.6.3Hospitals/Clinics
34
Annex a PAGE : 29
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
EMB MEMORANDUM
EMB MemorandumCIRCULAR NO.
Circular No.
2014-005 2014-005
36
WHAT IS AN ECC?
Environmental Compliance Certificate (ECC)
▪ is the document issued by the DENR Secretary thru the EMB,
or the Regional Director
▪ certifying that based on the representation of the proponent
and the preparers, as reviewed and validated by the review
committee (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 (EIS) or mitigating measures.
37
WHAT’S IN AN ECC?
▪ Scope of project or undertaking
- in terms of area, capacity technology or process
▪ Conditions as conformed by the Project Proponent to

implement mitigating measures for potentially negative impacts
and/or
▪ Enhancement measures for potentially positive impacts as identified in
the EIA Process
▪ List of recommendation pertaining compliance/ satisfaction to

concerned LGUs/ agencies/ stakeholders.
▪ NON-COMPLIANCE TO ANY OF THE CONDITIONS MAY BE

IMPOSED A CORRESPONDING PENALTY….
38
WHAT IS A CNC?
Certificate of Non-Coverage (CNC)
▪ 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.
▪ It is ministerial upon DENR-EMB to issue the CNC upon
application by a Proponent.
39
Environmental Compliance Certificate of
Certificate (ECC) Non-Coverage (CNC)
40
ECC VALIDITY AND EXPIRY

Once the project is implemented,
❑The ECC/CNC remains valid and active for the LIFETIME of the
project: Provided
• There is no significant project expansion
• There is no change in technology
• There is no change in location
The ECC automatically expires if a project has

not been implemented within five (5) years
from ECC issuance
or if the ECC was not requested for extension

within three (3) months from the expiration of
the validity
41
SUSPENSION OF ECC
1. ECCs may be suspended for violation of
proponents to comply with ECC conditions.
2. It is noted that the ECC suspension does not

necessarily mean the proponent is absolved of its
responsibility in implementing EMP.
3. PD 1586 does not preclude the fact that DENR
may require the proponent to institute
environmental safeguards/ measures to prevent
further threat / damage to environment.
42
SUSPENSION OF ECC
The EMB Director or

the EMB-Regional Director
may issue a Cease-and-
Desist Order (CDO) based
on violation under the Phil
EIS system.
43
MONITORING PROTOCOLS
PROCEDURAL MANUAL (DAO 2003-30)
▪ DENR-EMB has the primary mandate

of monitoring under the Philippine EIS System,
the other stakeholders (e.g. proponent) has equally
significant role in the monitoring system.
▪It encourages voluntary and self-regulation as well as

promotes self-monitoring and
compliance with environmental standards among
establishments.
44
Public Participation
(DAO 2017-15- Monitoring by MMT)
A Multi-partite Monitoring
Team (MMT) shall be
formed immediately after the
issuance of an ECC pursuant
to an EIS.
❑ Done through a
Memorandum of Agreement
(MOA) among stakeholders
45
MMT
Rationalization of the MMT Existence, Composition and Leadership
✓ MMTs shall only be for ECP
✓ All other MMTs including clustered MMTs

shall be deemed automatically dissolved.
✓ ECC condition on the creation of MMTs for

non-ECP shall be deemed invalid
46
MMT Composition
•In the case of existing MMTs for Mining Projects, the EMB representatives
shall likewise be removed as member of the MMT. The MMT shall
regularly submit to EMB CMVR format report including report on
compliance with the EPEP (based on EMB-approved EMP) and the EMB
shall similarly conduct its monitoring activities independent of the MMT.
•As an independent entity whose membership represents the stakeholders

I public, the MMT is expected to add credibility by being open and
transparent in monitoring environmental impacts and compliance with
the Philippine EIS System requirements. The MMT shall have the
following specific functions:
47
MMT Functions
FUNCTION OF THE MMT
❑ To conduct quarterly site visit to validate
proponents compliance with the ECC
conditions and the Environmental
Management and Monitoring Plan
❑ Prepare and submit its report to EMB
Regional Office and Central office
concerned using the EMB prescribed
format at least semi annually
❑ Institute an environmental emergency and
complaints receiving and management
mechanism
48
MMT Formalization & Operationalization
❑ Manual of Operation (MOO) shall be

formulated/updated base on the
Policy updates.
❑ Individual MMT member who violate
the Code of Ethics shall be subject to
suspension/removal/replacement by
the chairman of the MMT.
❑ MOA between EMB CO and
Proponent hall be executed with
conformity of the MMT members
49
EMF & EGF
ENVIRONMENTAL
MONITORING FUND (EMF)
&
ENVIRONMENTAL
GUARANTEE FUND (EGF)
50
Environmental Monitoring Fund (EMF)

Section 1.0 of Article V:
ENVIRONMENTAL MONITORING FUND
The EMF shall be established

by the proponent not later than
the initial construction phase of its
project or undertaking.
The criteria on when such projects shall be required to establish an

EMF/MMT are the following:
• Possible discharge of toxic or hazardous materials;
• Significant amount of discharge that requires careful monitoring;
• Significant public opposition. 51
Environmental Guarantee Fund (EGF)

Section 4.0 of Article V:
ENVIRONMENTAL GUARANTEE FUND
An Environmental Guarantee Fund (EGF) shall

be established for all projects or
undertakings that have been determined
by the DENR to pose a significant public risk "Earth provides enough to satisfy every
as herein defined or where the project or man's need, but not every man's
undertaking requires rehabilitation or greed." --
Mahatma Gandhi
restoration.
52
REPORTING
All monitoring activities of the MMT shall require the
completion of a findings report called the Compliance
Monitoring Validation Report (CMVR)
53
SCOPE EXAMPLES OF VIOLATION

1. Projects which are Established and/or Operating without an
ECC
2. Projects Violating ECC Conditions, EMP, Rules and
Regulations
3. Misrepresentation in the IEE/EIS or any Other Documents
4. Projects with or without ECC which pose grave and/or
irreparable danger to environment, life and property.
FINES / PENALTIES
• PhP 50,000.00 – operating without ECC
• PhP 50,000.00 – for every ECC violation
54
EMB POLICIES IMPLEMENTED IN

COMPLIANCE MONITORING MONITORING
❑ PD 1586 Violations of ECC conditions
❑ Not more than P50,000.00 per violation.
ISSUANCE of NOV
❑ Without ECC – mandatory to resolve payment of penalty
Examples :
❑ Non-submission of PCO report;
❑ Non-posting of permits;
❑ Non-designation of PCO;
❑ Failure to submit post ECC requirements, etc.
❑ Non-compliance on the formation/creation of MMT
❑ Exceedance of emission/effluent standards;
❑ Transport of THWM without Transport Permit;
❑ Discharge of emission/effluent resulted into pollution and threat to public health
and safety;
❑ Negligence
55
EMB POLICIES IMPLEMENTED IN

COMPLIANCE MONITORING MONITORING
Adopt feedback mechanism to

inform proponent of the
findings during inspection;
IF WITH VIOLATIONS
Technical conference will be
called for by DENR-EMB with
commitment from the
proponent to comply with
the regulations in a given
grace period.
56
APPEALING
Receiving Notice of Violation (NOV)
Filing a motion for

reconsideration within
15 days of receipt
of the case decision
documents.
57
SCHEDULE OF PENALTY REDUCTION

Violation of ECC Conditions
CRITERIA PENALTY
1ST offense 2ND Offense 3rd Offense 4th offense
Minor PhP 10,000.00 PhP 25,000.00 PhP 50,000.00 PhP 50,000.00 plus ECC
Offenses suspension with option
of DENR-EMB to cease
operation if deemed
necessary but with
corresponding
requirement for
continued EMP.
Major PhP 25,000.00 PhP 50,000.00 PhP 50,000.00plus ECC suspension with
Offenses option of DENR-EMB to cease
operation if deemed necessary but with
corresponding requirement for
continued EMP.
58
ECC AMENDMENTS
MINOR MAJOR
1. Typographical error 1. Expansion of project area
2. Extension of deadlines 2. Increase in production
for submission of post- capacity
ECC requirements 3. Changes in process flow
3. Change in company 4. Addition of new products
name/ownership
5. Revision/reformatting of
4. Decrease in land/ ECC Conditions.
project area or
production capacity 6. Integration of ECC for
similar project but
contiguous projects.
59
ECC VALIDITY
Projects that have Stopped Operation for > 5 Years
Projects that have stopped operation for more than (5) years are
not required to obtain a new ECC provided all the following
conditions are met:
❑ CMR/CMVR had continuously submitted
❑ No request for relief and /or cancellation of ECC had been
approved
❑ The resumption of operation will not involve expansion in
terms of production capacity (volume of output; number of
product lines or area)
60
ECC VALIDITY
Projects that were not implemented within ECC Effectivity
➢ The ECC issued will be considered not valid if the

project was not implemented within five years.
The proponent is required to apply for new ECC if
he has intention to implement the project.
➢ EMB considered that the project is implemented
once site development or clearings operation is
started ( ex. demolition / resettlement of Informal
Settlers started
➢ CSR/ SDP activities and the like will not be
considered as project implementation.
61
RELIEF FROM ECC COMMITMENTS

1. Projects which have secured ECCs but have
not been implemented
2. Projects which have previously covered but are
currently classified as outside of the PEISS purview
3. Projects that
will be abandoned
or decommissioned
62
DOWNGRADE from ECC to CNC

Monitoring of projects issued CNCs and those
previously issued ECCs but reclassified as non-covered.
WHAT TO DO?
❑ Written confirmation by the EMB
MAKE SURE:
❑ Proponents do not have pending accountabilities
63
EMB MC 2015-003
Policy Update
Implementation of:
❑ Online Processing of CNC Applications

for non-covered projects under the Philippine
Environmental Impact Statement System.
❑ Online Processing and Issuance of ECC for

Category B projects requiring
IEE Checklist Repots
64
FEES and CHARGES for EIA Services
EIA SERVICES FEES & CHARGES
1.1 ECC application requiring
1.1.1 Programmatic EIS 15,000.00
1.1.2 EIS 10,000.00
1.1.3 Programmatic EPRMP 10,000.00
1.1.4 EPRMP 5,000.00
1.1.5 Checklist 5,000.00
1.2 CNC Application
Cat. C 1,000.00
Cat. D 1, 210.00
1.3 Post ECC Processing Services
1.3.1 Major amendment 2,000.00
1.3.2 Minor amendment 1,000.00
1.3.3 Relief from the ECC Commitment 1,000.00
1.4 Other Services
1.4.1 Request for Miscellaneous Certification 200.00
1.4.2 Request for Certified True Copy of 200.00
documents
See DAO 2016-28: New fees and charges for various services of EMB
65
67

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PAGE 13 of the manual

For. Girliesina Sebarillo, PhD

BASIC POLICY AND OPERATING

To ensure a rational balance

❑ RA 8749 (Clean Air Act of 1999)

› Giving authority, in addition

ENVIRONMENTAL IMPACT STATEMENT

Environmental Impact Categories:

REVIEW OF THE EIA REPORTS

❑ That environmental considerations are integrated

PROJECTS THAT WERE OPERATIONAL

➢The existing process or ➢Ex. An Old Sugar Mill

PROJECTS THAT WERE OPERATIONAL

➢The project had not ➢Ex. A fruit processing plant

PROJECTS THAT WERE OPERATIONAL

➢Technology/production ➢Ex. Dismantling of

WHAT IS THE EIS REPORT?

❑The EIS usually follow an outline prescribed by law or its

COVERAGE OF THE PEISS

• Environmentally Critical Projects (ECP)

Environmentally Critical Projects (ECP) are projects or industries that

FOR ALL ENVIRONMENTALLY

CATEGORY B- Non ECP located in ECA

WATER BODIES tapped for domestic purposes within

Habitat of indigenous flora and fauna- Recharge areas of aquifers

Areas with historic ,archaeological , or scientific

Traditionally occupied by cultural

Areas set aside as aesthetic Potential tourist spots 25

1. Projects that were operational prior to 1982

These projects are 4. Importation or purchase of equipment

not covered by the 5. Commercial establishments that sells only non-

issued. 8. Garments Manufacturing ( without dying)

• Details the requirements and

▪ Conditions as conformed by the Project Proponent to

▪ List of recommendation pertaining compliance/ satisfaction to

▪ NON-COMPLIANCE TO ANY OF THE CONDITIONS MAY BE

ECC VALIDITY AND EXPIRY

The ECC automatically expires if a project has

or if the ECC was not requested for extension

2. It is noted that the ECC suspension does not

The EMB Director or

▪ DENR-EMB has the primary mandate

▪It encourages voluntary and self-regulation as well as

✓ MMTs shall only be for ECP

✓ All other MMTs including clustered MMTs

✓ ECC condition on the creation of MMTs for

•As an independent entity whose membership represents the stakeholders

MMT Formalization & Operationalization

❑ Manual of Operation (MOO) shall be

EMF & EGF

Environmental Monitoring Fund (EMF)

The EMF shall be established

The criteria on when such projects shall be required to establish an

Environmental Guarantee Fund (EGF)

An Environmental Guarantee Fund (EGF) shall

SCOPE EXAMPLES OF VIOLATION

EMB POLICIES IMPLEMENTED IN

EMB POLICIES IMPLEMENTED IN

Adopt feedback mechanism to

Filing a motion for

SCHEDULE OF PENALTY REDUCTION

➢ The ECC issued will be considered not valid if the