PD 1586 Updated
PD 1586 Updated
PD 1586 Updated
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 EIA Requirement for the Philippine Government
4.0 EIA Monitoring and Evaluation
4.1 Compliance Monitoring Report
4.2 DAO 2017-15 (Multi-Partite Monitoring Team for
Environmentally Critical project )
2
Adoption of EIA by other countries
1970- California
1969-United 1972- New
introduced its
States (NEPA) South Wales
own legislation
1974-Australia
1973- Canada 1975-Thailand
& Columbia
3
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)
4
KEY OPERATING PRINCIPLE IN THE
IMPLEMENTATION OF THE PHILIPPINE EIS
SYSTEM
ü Environmental consideration
ü Assessment is technically sound
ü proposed environmental mitigating measures are effective
ü meaningful public participation
5
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)
EMB MANDATES
Sec. 34, RA 8749, mandated to implement
on a nationwide scale the said Act
and other environmental laws to wit:
6
EIA PROCESS WITHIN THE PROJECT CYCLE
PROJECT CONCEPTUALIZATION
IMPROVEMENT
Site selection, environmental screening,
initial assessment, scoping
1
OPERATIONS &
MAINTENANCE PRE-FEASIBILITY
Monitoring, Validation 6 2 Detailed Assessment,
and Evaluation/Audit of Identification of
Environmental Mitigation needs, Inputs
Compliance and Over-all to CBA
Performance
8
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)
2. Designing appropriate
Preventive Mitigating and
Enhancement Measures to
protect the environment and the
community’s welfare
• (DAO 2003-30)
9
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)
3. A systematic
process that examines
the environmental
consequences of an
activity to:
10
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)
11
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)
13
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)
Fir
ef
ly
14
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)
ENVIRONMENTAL IMPACT
STATEMENT SYSTEM (PD 1586) Sec. 4
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.
16
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)
ENVIRONMENTAL IMPACT
STATEMENT SYSTEM (PD 1586)
Rationalizing the
Implementation of the EIS
1
System
Giving authority,
2
in addition to the DENR
Secretary, to the Director and
Regional Directors of the EMB
to grant or deny the issuance
of ECCs.
17
Producing the environmental impact
statement
• DOCUMENTATION
OF THE EIA STUDY , EIA REPORT
ANALYSIS AND
RECOMMENDATION
18
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)
qThe 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.
New projects New projects For projs operating For new projects For
falling under falling under with previous ECC below threshold of Enhancement/
category A & B category A & B, Category B Mitigation
PROGRAMMATIC
but are within Projects & do not
EPRMP for co-located
contiguous area fall in the Project
projects operating
threshold
with previous ECC
CATEGORY A / B
PROGRAMMATIC CATEGORY A / BELOW CAT B CATEGORY
PROJS B THRESHOLD C/ D
PROJECT THRESHOLDS FOR COVERAGE
SCREENING AND CATEGORIZATION Starts on page 29
21
PROJECT THRESHOLDS FOR COVERAGE
SCREENING AND CATEGORIZATION Starts on page 29
22
PROJECT THRESHOLDS FOR COVERAGE
SCREENING AND CATEGORIZATION Starts on page 29
23
PROJECT THRESHOLDS FOR COVERAGE
SCREENING AND CATEGORIZATION Starts on page 29
24
PROJECT THRESHOLDS FOR COVERAGE
SCREENING AND CATEGORIZATION Starts on page 29
For canning,
refer to other
applicable
categories
25
PROJECT THRESHOLDS FOR COVERAGE
SCREENING AND CATEGORIZATION Starts on page 29
26
PROJECT THRESHOLDS FOR COVERAGE
SCREENING AND CATEGORIZATION Starts on page 29
PROJECT THRESHOLDS FOR COVERAGE
SCREENING AND CATEGORIZATION Starts on page 29
28
PROJECT THRESHOLDS FOR COVERAGE
SCREENING AND CATEGORIZATION Starts on page 29
IN DEADWEIGHT TONNAGE
29
PROJECT THRESHOLDS FOR COVERAGE
SCREENING AND CATEGORIZATION Starts on page 29
30
31
Comparative presentation
Comparative presentation
Comparative presentation
Procedural Manual for
DAO 2003-30 (August
2007)
EMB MEMORANDUM
EMB MemorandumCIRCULAR NO.
Circular No.
2014-005 2014-005
36
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)
38
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)
39
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)
Programmatic Projects
Category C Projects
Category D Projects
40
COVERAGE OF THE PEISS
ECP ECA PROGRAMMATIC PROJECTS CAT. C CAT. D
CAT. A CAT. B
ECPs CATEGORIES
CATEGORY A –
ENVIRONMENTALLY CRITICAL PROJECTS (ECPS)
1. HEAVY INDUSTRIES - Iron & steel mills, Non ferrous metal
industries, Smelting plants, Petroleum and petrochemical
industries
proponents of these projects implemented from 1982
onwards are required to secure ECC
44
COVERAGE OF THE PEISS
ECP ECA PROGRAMMATIC PROJECTS CAT. C CAT. D
CAT. A CAT. B
45
COVERAGE OF THE PEISS
ECP ECA PROGRAMMATIC PROJECTS CAT. C CAT. D
CAT. A CAT. B
46
COVERAGE OF THE PEISS
ECP ECA PROGRAMMATIC PROJECTS CAT. C CAT. D
CAT. A CAT. B
Ø Public participation
requirement was
embodied in the
Procedural Manual
for DAO 2003-30.
ØGREENING PROGRAM
47
COVERAGE OF THE PEISS
ECP ECA PROGRAMMATIC PROJECTS CAT. C CAT. D
CAT. A CAT. B
An ECC is required.
In accordance with Presidential Proclamation
No 2146, series of 1981, there are twelve (12)
main categories of ECA.
48
COVERAGE OF THE PEISS
ECP ECA PROGRAMMATIC PROJECTS CAT. C CAT. D
CAT. A CAT. B
Areas declared as such under Republic Act No 7586;areas declared as such through other issuance s from pertinent national ,local govt
49
agencies such as Pres. Proclamations, executive orders, local ordinances and international commitments and declarations.
COVERAGE OF THE PEISS
ECA ECP PROGRAMMATIC PROJECTS CAT. C CAT. D
CAT. A CAT. B
Frequently visited and/or hard-hit by natural calamities Areas with critical slope
(geologic hazard, floods & volcanic activity) lands with slope of 50% or more as determined by NAMRIA
geologic hazard as classified by MGB susceptible to landslide, floods prone as
identified by MGB, or PAGASA & volcanic activity designated by Phivolcs a
permanent danger zone ,prone to pyroclastic flow hazard, lava flow,lahar and
other Vulcanic hazard
53
COVERAGE OF THE PEISS
ECP ECA PROGRAMMATIC PROJECTS CAT. C CAT. D
CAT. A CAT. B
Co-Located project
or
“PROGRAMMATIC“
within economic
zone or industrial
park.
54
COVERAGE OF THE PEISS
ECP ECA PROGRAMMATIC PROJECTS CAT. C CAT. D
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
55
COVERAGE OF THE PEISS
ECP ECA PROGRAMMATIC PROJECTS CAT. C CAT. D
CAT. A CAT. B
WHAT IS AN ECC?
Environmental Compliance Certificate (ECC)
§ is the document issued by the DENR Secretary thru the EMB, or the
Regional Director
WHAT’S IN AN ECC?
§ Scope of project or undertaking
- in terms of area, capacity technology or process
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.
59
• EIA Requirements of the Philippine
Government
60
Environmental Compliance Certificate of
Certificate (ECC) Non-Coverage (CNC)
61
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)
62
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)
SUSPENSION OF ECC
1. ECCs may be suspended for violation of
proponents to comply with ECC conditions.
SUSPENSION OF ECC
64
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)
MONITORING PROTOCOLS
PROCEDURAL MANUAL (DAO 2003-30)
66
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)
Self
Monitoring by Monitoring by Third party
monitoring by
the authority MMT monitoring
the proponent
68
iness Plan - PowerPoint template
69
ROLES & RESPONSIBILITIES
of the PROPONENT / PCO
§ Presents a standardized Semi-
annual ECC Compliance monitoring
report, which a proponent ,
through its Environmental
unit/Officer is required to submit to
the designated monitoring EMB
office on a semi-annual frequency
72
MMT COMPOSITION
• LGU Representative
ü MENRO/City ENRO or PG-ENRO
ü RHU
ü Concerned brgy. captain
• Accredited local NGOs
• Locally recognized community leaders
• Representative from government agencies with related mandate on
the project
• DENR PENRO and CENRO
73
MMT
Rationalization of the MMT Existence, Composition and Leadership
76
MMT REPORTING
All monitoring activities of the MMT shall require the
completion of a findings report called the Compliance
Monitoring Validation Report (CMVR)
77
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)
&
ENVIRONMENTAL
GUARANTEE FUND (EGF)
78
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.
79
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 "Earth provides enough to satisfy every
man's need, but not every man's
significant public risk as herein defined greed." --
Mahatma Gandhi
or where the project or undertaking
requires rehabilitation or restoration.
80
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)
81
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)
FINES / PENALTIES
• PhP 50,000.00 – operating without ECC
• PhP 50,000.00 – for every ECC violations
82
EMB POLICIES IMPLEMENTED IN
COMPLIANCE MONITORING
PD 1586 Violations of ECC conditions
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.
• Noncompliance 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
83
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)
APPEALING
Receiving Notice of Violation (NOV)
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. 87
No. Description Requirements for ECC Amendment
1 Change of Project q Letter of request for change of name (including reasons for the
Name / Trade or change of name); and
Business Name q Securities and Exchange Commission (SEC) Registration or
Department of Trade and Industry (DTI) Certificate of Business
Name Registration indicating new project/business/trade name
2 Change of Proponent/ q Letter of request for change of company/proponent name; and
Company Name q Amended SEC Registration or DTI Registration showing the
change of company name
3 Transfer/Change of q Letter of request for transfer/change of ownership. The original ECC
Ownership holder shall request for the amendment, with
concurrence/confirmation letter from the new ECC holder (Grantee);
q SEC Registration of New ECC holder/ DTI
Registration including its Board Resolution;
q Legal proof of transfer/change of ownership (i.e.,
Deed of Sale, Deed of Assignment, Contract of Lease); and,
q Notarized Accountability Statement of the New ECC holder
(Grantee).
4 Typographical error in q Letter of request to rectify the typographical error
ECC
88
No. Description Requirements for ECC Amendment
5 Extension of q Letter of request for extension of deadlines of submission of post ECC
deadlines for requirements (including reasons for the delay of submission); and
submission of post
ECC Requirements q Supporting documents on the request to extend the deadline for
(i.e., submission of submission of post ECC requirements
MMT MOA, Carbon
Sink Program)
6 Extension of ECC q Letter of request for extension of ECC validity with a copy of approved
validity (EMB MC ECC;
2020-31) . q Justifications may include any of the following:
a. Unforeseen financial capability of the proponent to continue the
project within the original five (5)-year period;
ECC VALIDITY
Projects that have Stopped Operation for more than 5 Years
§ Projects that have stopped operation for (5) years or less are not
required to notify EMB provided the CMR had been regularly submitted
§ Project that have stopped operation for more than 5 years are not
required to obtain a new ECC provided ALL of the following conditions
are met:
ü CMR/CMVR had continuously submitted or an official request for
suspension of the CMR/CMVR had been approved by the EMB
ü No request for relief and /or cancellation of ECC had been approved
ü The resumption of operation will not involve expansion in terms of
production capacity (volume of output; number of product lines or area)
ü There is no change of ownership or corporate dissolution 90
• A project is deemed to have stopped operation when ALL of the
following conditions are met
91
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)
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
EMB MC 2015-003
Policy Update
Implementation of:
Category B projects
requiring IEE Checklist
Reports
93
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)
EMB MC 2015-003
95
96
97
98
ECC-40 (ECP) AND 20
(NON-ECP) WORKING
NEW MC PROCESSING
DAYS CNC-1 DAY
TIMEFRAMES:
Timeframes: AUTOMATIC APPROVAL
(ONLINE APPLICATION)
99
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
100
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)
101
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PEISS)
WHAT TO DO?
MAKE SURE:
ü Proponents do not have pending accountabilities
102
REQUIRING ONLINE SUBMISSION OF CMR UNDER PEISS
Online submission of CMR shall be limited to
Environmentally Critical Projects (ECPs) with ECC issued by
EMB –Central office.
Procedures
1. Visit the EMB –EIA website
2. Attach PDF file of the ff. in support of the registration
ü Government and /or company ID
ü Notarized authorization from the project proponent
ü SEC or DTI Registration
3. Project ECC reference number
EMB MC
4. Fill up the CMR form provided by the online system
5. attach the pdf file of the ff.
a. Lab. Results of analysis from DENR-EMB recognized
2016-001 b.
laboratory
Impact Mitigation plan in the EIS
c. Environmental Monitoring plan
d. Accomplished PEMAPS questionnaire
e. Notarized sworn accountability of the project
proponent
6. The EMB Central office will evaluate the submitted
CMR online .
103
104
105
SUMMARY OF MONITORING ACTIVITIES
Monitoring Entities Reference Document Reports Frequency of
Submission
QUESTIONS?
CLARIFICATIONS?
107
Isang maka-kalikasang umaga sa ating
lahat!
108