Environmental Compliance

Certificate

Objective: At the end of this module, you should be able to:

1. Enumerate the laws for the basis of establishment of Philippine Environmental
Impact Statement
2. Discuss the Environmental Impact Assessment and its stages.
3. Differentiate the Environmentally Critical Projects and Environmentally Critical
Areas
4. Summarize the procedures of the Environmental Compliance Certificate and
its violations.

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HOW WAS THE PHILIPPINE ENVIRONMENTAL POLICIES WERE DEVELOPED?

PD 1511, otherwise known as the Philippine Environmental Policy, is a

landmark law that establishes the foundation of the precautionary principle of
environmental policies in the Philippines by requiring submission of an
environmental impact statement on projects and activities that may adversely
affect the environment. This law requires all national government agencies
and instrumentalities, including government-owned and controlled
corporations (GOCCs) as well as private corporations, firms and entities to
prepare and file EIS for any project or activity that may significantly affect the
quality of the environment.

Under Section 4 of PD 1586, the President is empowered to declare

certain projects or areas, by his own initiative or upon the recommendation of
the National Environmental Protection Council as “environmentally critical”
and prohibits the implementation or operation of these projects without first
securing an Environmental Compliance Certificate (ECC).

The Philippine Environmental Impact Statement (EIS) System was

established to facilitate the attainment and maintenance of a rational and
orderly balance between socio‐economic growth & environmental protection.
PD 1586 or better known as the law Establishing an Environmental Impact
Statement System Including Other Environmental Management Related
Measures and for Other Purposes, strengthened the EIS required under PD
1511 by formalizing the establishment of the Philippine Environmental Impact
Statement (EIS) System. This law also introduced the concepts of
Environmentally Critical Projects (ECP) and projects within Environmentally
Critical Areas (ECA) as projects requiring the submission of an Environmental
Impact Statement (EIS).

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WHAT IS ENVIRONMENTAL IMPACT ASSESSMENT (EIA)?

The EIA is a process that involves predicting and evaluating the likely impact of a
project (including the 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 community welfare (1). The EIA shall provide
detailed statement on:

 the environmental impact of the proposed action, project or

undertaking;
 any adverse environmental effect which cannot be avoided should the
proposal be implemented;
 alternative to the proposed action;
 a determination that the short-term uses of the resources of the
environment are consistent with the maintenance and enhancement of
the long-term productivity of the same; and
 whenever a proposal involves the use of depletable or non-renewable
resources, a finding must be made that such use and commitment are
warranted.;
WHAT ARE THE STAGES OF EIA?
The key stages in the Environmental Assessment process include:
screening, alternatives, preliminary assessment, scoping, mitigation, main EIA study
and environmental impact statement, review and monitoring
STEPS PROCEDURES DESCRIPTIONS

Screening determines if a project is covered or not

covered by the PEISS. If a project is covered,
screening further determines what document type the
1 SCREENING project should prepare to secure the needed approval,
and what the rest of the requirements are in terms of
EMB office of application, endorsing and decision
authorities, duration of processing.
Scoping is a Proponent-driven multi-sectoral formal
process of determining the focused Terms of
Reference of the EIA Study. Scoping identifies the most
significant issues/impacts of a proposed project, and
then, delimits the extent of baseline information to
those necessary to evaluate and mitigate the impacts.
The need for and scope of an Environmental Risk
2 SCOPING Assessment (ERA) is also done during the scoping
session. Scoping is done with the local community
through Public Scoping
and with a third party EIA Review Committee (EIARC)
through Technical Scoping, both with the participation
of the DENR-EMB. The process results in a signed
Formal Scoping Checklist by the review team, with final
approval by the EMB Chief.

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 The EIA Study involves a description of the proposed
project and its alternatives, characterization of the
project environment, impact
identification and prediction, evaluation of impact
EIA STUDY and
significance, impact mitigation, formulation of
3 REPORT Environmental Management and Monitoring Plan,
PREPARATION with corresponding cost estimates and institutional
support commitment. The study results are presented
in an EIA Report for which an outline is
prescribed by EMB for every major document type
Review of EIA Reports normally entails an EMB
procedural screening for compliance to minimum
requirements specified during Scoping, followed by a
substantive review of either composed third party
experts commissioned by EMB as the EIA Review
Committee for PEIS/EIS-based applications, or
DENR/EMB internal specialists, the Technical
EIA REPORT
Committee, for IEE-based applications. EMB evaluates
4 REVIEW and the EIARC recommendations and the public’s inputs
EVALUATION during public consultations/hearings in the process of
recommending a decision on the application. The
EIARC Chair signs EIARC recommendations including
issues outside the mandate of the EMB. The entire EIA
review and evaluation process is summarized in the
Review Process Report (RPR) of the EMB, which
includes a draft decision document.
Decision Making involves evaluation of EIA
recommendations and the draft decision document,
resulting to the issuance of an ECC, CNC or Denial
Letter. When approved, a covered project is issued its
certificate of Environmental Compliance Commitment
(ECC) while an application of a non-covered project is
issued a Certificate of Non-Coverage (CNC).
Endorsing and deciding authorities are designated by
AO 42, and further detailed in this Manual for every
DECISION report type. Moreover, the Proponent signs a sworn
5 statement of full responsibility on implementation of its
MAKING
commitments prior to the release of the ECC. The ECC
is then transmitted to concerned LGUs and other GAs
for integration into their decision-making process. The
regulated part of EIA Review is limited to the processes
within EMB control. The timelines for the issuance of
decision documents provided for in AO 42 and DAO
2003-30 are applicable only from the time the EIA
Report is accepted for substantive review to the time a
decision is issued on the application
Monitoring, Validation and Evaluation/Audit stage
MONITORING, assesses
VALIDATION, and performance of the Proponent against the ECC and its
6 commitments in the Environmental Management and
EVALUATION/
AUDIT Monitoring Plans to ensure actual impacts of the project
are adequately prevented or mitigated.

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PD 1586 states that No person, partnership or corporation shall undertake or
operate any such declared ECP or project within an ECA without first securing
an Environmental Compliance Certificate (ECC).

WHAT IS ENVIRONMENTAL COMPLIANCE CERTIFICATE (ECC)?

Environmental Compliance Certificate (ECC) is a 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. Thus, this certificate
allows the project to proceed to the next stage of project planning, which is the
acquisition of approvals from other government agencies and LGUs, after which the
project can start implementation.

WHO NEEDS ENVIRONMENTAL COMPLIANCE CERTIFICATE?

Any project in the Philippines that poses a potential environmental risk or
impact is required to secure an Environmental Compliance Certificate (ECC) from
the Department of the Environment and Natural Resources – Environmental
Management Board (DENR-EMB). Usually potential environmental risk areas are the
so-called “ENVIRONMENTALLY CRITICAL PROJECT” and “ENVIRONMENTALLY
CRITICAL AREAS”.

WHAT IS ENVIRONMENTALLY CRITICAL PROJECT (ECP)?

ECP is a project that has high potential for significant negative environmental
impact and is listed as such under Presidential Decree 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. The Environmentally Critical Areas are
divided into three areas:

HEAVY INDUSTRIES RESOURCE EXTRACTIVE INFRASTRUCTURE

INDUSTRIES PROJECTS
1. Non-ferrous metal
1. Major mining and quarrying 1. Major dams
industries
projects
2. Iron and steel mills 2.Major power plants
3. Petroleum and petro- 2. Forestry projects
3.Major reclamation projects
chemical industries, including
3. Fishery projects
oil and gas 4.Major roads and bridges iv.
4. Smelting plants Golf course projects

WHAT IS THE MEANING OF ENVIRONMENTALLY CRITICAL AREAS (ECA)?

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 EDA delineated through Presidential Proclamation 2148 as environmentally
sensitive such that significant environmental impacts are expected if certain projects
are located, developed or implemented in it. Local government units (LGU) may now
start availing of fast and reliable technical assistance for their environment-related
concerns through the Environmental Compliance Assistance (ECA) IEE checklist is
required for submission to the DENR Regional Office Environmental Management
Center for LGUs of the Department of Environment and Natural Resources (DENR).
The Following are considered are Environmentally Critical Areas:

• Areas for natural parks, watershed reserves, wildlife preserve and

sanctuaries;
• Areas set aside as aesthetic potential tourist spots;
• Areas which constitute the habitat for any endangered pr threatened
species of indigenous Philippine wildlife (flora and fauna);
• Areas of unique historic, archaeologic, or scientific interests;
• Areas traditionally occupied by cultural communities and tribes;
• Areas with critical slopes;
• Areas frequently visited, hard-hit by natural calamities
• Areas classified as prime agricultural land;
• Recharge areas of aquifers;
• Water bodies; mangrove areas, coral reefs, mossy virgin forests.

WHAT ARE THE REQUIREMENTS TO APPLY FOR ECC?

1. Proponent must submit a letter of request to the Environmental Management

Bureau (EMB) stating desire to receive ECC.
2. Must attach Project Description, which should include raw materials be used,
the process or manufacturing technology to be implemented.
3. Submit the estimated project capacity, type and volume of products and
discharges.
4. Proof of possession of necessary capital for proposed project.
5. Manpower requirements.

HOW DO WE GET THE ENVIRONMENTAL COMPLIANCE CERTIFICATE?

1. Conduct Impact Assessment and Environmental Management Plan.

2. Submission of application letter to EMB board meets twice a month.
3. Review of Project by DENR/EMB, sometimes it is required to present
project direct to board at their discretion.
4. Site inspection.
5. Approval issued during EMB meeting if all requirements are satisfied and it
appears no serious environmental damage shall result from the project.
6. Issuance of ECC from DENR released.

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 7. In cases where EMB finds that ECC is not applicable, a Certificate of Non-
Coverage (CNC) shall be issued confirming that the proposed project is
not part of the Environmental Impact Statement (EIS) an poses no
environmental threat.

WHAT ARE THE CONTENTS OF THE ECC?

 Scope of Project or undertaken

 Conditions conformed by the proponent to implement mitigating measures for
potentially negative impacts and enhancement measures for potentially
positive impacts
 Recommendations to concerned permitting and monitoring entities

WHAT IS CERTIFICATE OF NON-COVERAGE (CNC)?

Certificate of Non-Coverage (CNC) refers to the document issued by DENR stating

that the proposed project is not covered by the Philippine Environmental Impact
Assessment System, therefore, the proponent is not required to secure an ECC prior
to commencement of operation. For the issuance of CNC, the following criteria
should be met:

 Location – it conforms will the existing and duly-approved land use plan
of the area
 Technology – it will use appropriate technology that will not require the
use of hazardous or toxic materials; will not produce or require the
disposal of waste materials that will pose serious health hazards; or will
not generate significant amount of organic or solid wastes
 Size - the project or its structure will not exceed a total floor area of
3,000 square meters in urban areas or 10,000 square meters in rural
areas. If a building will be constructed, it will not have more than three
(3) storeys including basement floors
 Raw Effluent and Discharge – the effluent or discharges of the project
shall conform with the emission and effluent standards established by
the DENR regardless of quantity, volume or amount
 Social Acceptability – no serious complaints are expected from
neighboring establishments or facilities
 The nature of the project shall not pose significant environmental
impact as determined by the EMB or DENR Regional Office

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 Penalties, Ground for
Cancellation of ECC and
Administrative Sanction

WHAT ARE THE CATEGORIES FOR VIOLATION OF ECC?

1. Critical Projects found operating without ECC

2. Projects within ECA but found operating without ECC, and
3. Projects found violating ECC conditions

A. FOR “Critical Projects found operating without ECC” or “Projects within

ECA but found operating without ECC”
Any project which has been classified as environmentally critical and/or
located in environmentally critical area and established and/or operating without an
ECC shall be liable to penalty.
Any Project Proponent operating without an ECC shall be informed by DENR
about the nature of the violation and the corresponding amount of fine imposed
therein
WHAT ARE THE ACTIONS OF DENR?
The DENR shall evaluate the merits of the explanation submitted by the
Proponent and decide whether or not a fine and the requiring of the submission of
EIS/PD shall be imposed.
The amount of fine shall not exceed P50,000 at the discretion of the DENR.
The Proponent should settle all requirements within 30 days upon notification.
Failure to comply with these requirements shall be ground for issuance of an order
for the cessation of project.

B. WHAT ABOUT FOR PROJECTS FOUND VIOLATING ECC CONDITIONS?

1. For First Violation:
The Project Proponent shall be informed by the Director of the EMB or RED
about the nature of the violation and shall be asked to explain with 7 days upon
receipt of notification why they should not be penalized. The Director of EMB or RED
shall decide within 7days upon receipt of explanation whether the justification
presented merits consideration or a violation has been committed.
The Director of EMB or RED shall impose a fine require the proponent to
submit a plan that will address the violation.

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 The penalty for every violation of the ECC conditions shall not exceed
P50,000 thereof, which shall be set at the discretion of DENR.
The project proponent is required to settle all requirements within 15 days
upon receipt of notification. Failure to comply with these requirements would
constitute an automatic ground for the suspension of their ECC.
2.For Subsequent Violations:
Any Project Proponent found to have committed further violation of any or all
ECC conditions shall be required by the EMB/Regional Office to cease operation and
have his ECC revoked.

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 FRAMEWORK MAKING

Activity No. 3:
Instruction: Enumerate the stages of the Philippine EIA Process

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 REFERENCES

Taken from http://eia.emb.gov.ph/wp-content/uploads/2016/06/Revised-Procedural-

Manual-DAO-03-30.pdf

Taken from http://ap.fftc.agnet.org/ap_db.php?id=625&print=1

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