Environmental Impact Assessment (EIA)

-Environmental Impact Assessment (EIA) is a process that involves predicting and evaluating the likely impacts of a project on the environment (land, water, air, flora, fauna and people) at various stages
(construction, commissioning, operation and abandonment) of the project development. It also involves the development of appropriate preventive, mitigating and enhancement measures that will protect the
environment from the identified impacts. These measures are formulated into environmental management and monitoring plans.

1.Environmental Impact Assessment (Policies/Laws)

-In the Philippines, the Environmental Impact Assessment (EIA) system is governed by Presidential Decree No. 1586, signed in 1978. This decree established the Environmental Impact Statement (EIS) System,
which requires proponents of environmentally critical projects (ECPs) and those located in environmentally critical areas (ECAs) to assess and address potential environmental impacts. The Philippine
Environmental Policy (Presidential Decree No. 1151) also lays the foundation for the country’s EIA system by mandating that all developmental activities consider environmental protection.

Related laws include:

Presidential Decree No. 1151 (Philippine Environmental Policy).Enacted: June 6, 1977. Description: This law declares the environmental policy of the Philippines, emphasizing that every individual has the right to
a healthy environment. It requires all government agencies and private entities to include environmental considerations in decision-making processes and calls for the integration of environmental protection into
development planning.

Presidential Decree No. 1152 (Philippine Environment Code. June 6, 1977.Description: This code provides a comprehensive environmental management system, covering air quality, water quality, land use, and
natural resources management. It supports the EIA process by ensuring that all development activities align with environmental preservation goals.

Presidential Decree No. 1586 (Environmental Impact Statement System) June 11, 1978. This decree establishes the Environmental Impact Statement (EIS) System, mandating that environmentally critical
projects (ECPs) and projects in environmentally critical areas (ECAs) undergo EIA. It sets guidelines for the preparation, review, and approval of EIA documents and governs the issuance of Environmental
Compliance Certificates (ECC).

Republic Act No. 8749 (Philippine Clean Air Act of 1999)-June 23, 1999, This law aims to achieve and maintain clean air for the country. It requires EIA for projects that may emit significant air pollutants, ensuring
air quality standards are met.

Republic Act No. 9275 (Philippine Clean Water Act of 2004)-March 22, 2004, Focused on protecting the country’s water bodies from pollution, this law requires EIA for projects that could discharge pollutants into
water systems. It mandates water quality monitoring and pollution prevention measures.

Republic Act No. 9003 (Ecological Solid Waste Management Act of 2000)-January 26, 2001, this law institutionalizes proper waste management in the Philippines. It is relevant to EIA as projects must address
their waste disposal methods and ensure compliance with this act.

Republic Act No. 11038 (Expanded National Integrated Protected Areas System Act of 2018)-June 22, 2018, This law strengthens the protection of natural parks and other protected areas in the Philippines.
Development projects within or near protected areas are required to conduct EIA to evaluate potential impacts on biodiversity and ecosystems.

Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990)-October 26, 1990, This law regulates the importation, manufacture, and disposal of hazardous and nuclear
wastes. Any project involving hazardous materials must assess and mitigate environmental risks through EIA.

Republic Act No. 10121 (Philippine Disaster Risk Reduction and Management Act of 2010)-May 27, 2010, This law integrates disaster risk reduction strategies into development planning. It requires EIA to
evaluate a project’s vulnerability to natural disasters and its potential to exacerbate disaster risks.

Executive Order No. 192 (Reorganization of the DENR)-June 10, 1987, This order reorganizes the Department of Environment and Natural Resources (DENR), tasking it with implementing environmental laws,
including those related to EIA. The DENR is responsible for reviewing and approving EIS reports and issuing ECCs.

Executive Order No. 30 (Energy Projects of National Significance)-June 28, 2017,This executive order fast-tracks the processing of permits for energy projects but still requires compliance with EIA to ensure
environmental safeguards are not bypassed.

2.Role and Importance of EIA in environmental management in the Philippines

-EIA plays a vital role in ensuring that economic development is balanced with environmental sustainability. Key roles include:

Early Identification of Risks: It identifies potential environmental consequences at the planning stage, allowing mitigation strategies to be developed.

Protection of Resources: By evaluating a project’s potential to harm water, air, soil, and biodiversity, it prevents overexploitation.

Community Engagement: Through consultations and public participation, it empowers communities to voice concerns about projects that might affect them.

Support for Policy Decisions: It provides policymakers with the scientific basis to approve, modify, or reject a proposed project.

International Standards Compliance: EIA aligns with global environmental management standards, which is especially important for international funding agencies like the World Bank or the Asian Development
Bank.

3.Purpose of EIA to the society or community

The EIA benefits society in several ways:

Promotes Health and Safety: By addressing issues like air pollution, water contamination, and land degradation, EIA protects public health.

Ensures Sustainable Development: It allows for the creation of infrastructure and industries that do not compromise future generations’ needs.

Reduces Conflicts: By involving communities in decision-making, EIA reduces disputes between project proponents and local stakeholders.

Prevents Costly Mistakes: Identifying environmental risks early reduces the likelihood of project delays, lawsuits, or costly environmental remediation.

4.EIA process in the Philippines

In the Philippines, the EIA process is implemented by the Department of Environment and Natural Resources (DENR) Environmental Management Bureau (EMB). This process is officially known as the Philippine
Environmental Impact Statement System (PEISS) which was established under PD1586 on 11 June 1978. This introduced the concept of Environmentally Critical Projects (ECP) and projects within
Environmentally Critical Areas (ECA). Under the EIA process or Philippine EIS System, a supplementary document, the Environmental Impact Statement (EIS) is prepared for every proposed ECP or project found
within an ECA. The EIS contains the probable impacts of the project which have been discerned from conducting the EIA. Through a reiterative review process, the predicted impacts and mitigating measures are
assessed and if determined sufficient, DENR EMB issues an Environmental Compliance Commitment (ECC) document that is confirmed by the project proponent and this then represents the project’s
Environmental Compliance Certificate. The release of the ECC allows the project to proceed with implementation, including the acquisition of other approvals from government agencies and local government
units.

Screening

The first step is to determine whether the project or activity is subject to an EIA. This is done by screening the project or activity against the list of projects or activities that are required to undergo an EIA.

Project Scoping & Baseline Data Collection

Gather relevant data on the project site, including environmental, social, and economic parameters. Then, identify the project’s potential impacts, stakeholders, and the scope of the EIA study.

Initial Environmental Examination (IEE)

If the project or activity is determined to be subject to an EIA, the next step is to conduct an IEE. The IEE is a preliminary assessment of the potential environmental impacts of the project or activity.

Environmental Impact Statement (EIS)

If the IEE identifies potential environmental impacts, the next step is to prepare an EIS. The EIS is a more detailed assessment of the potential environmental impacts of the project or activity. Document the
findings and recommendations in a comprehensive EIS report. Recommend measures to mitigate identified adverse impacts, such as pollution control technologies or environmental management plans.

Review and Public Consultation

The EIS must be made available for public consultation. This allows the public to provide input on the potential environmental impacts of the project or activity.

Decision-Making

The EIS is then submitted to the Environmental Management Bureau (EMB) for review and decision. The EMB will decide whether to grant an Environmental Compliance Certificate (ECC) for the project or
activity.

Monitoring and Enforcement

Regular monitoring of project implementation and compliance with recommended mitigation measures.

5.Example of EIA assessment

-An example is the Kaliwa Dam Project in Rizal, which underwent EIA to assess its impact on the water supply, biodiversity, indigenous peoples’ rights, and disaster risks. Mitigation measures were proposed to
reduce deforestation and displacement.

II. Environmental Clearance Certificate (ECC)

-The Environmental Compliance Certificate or ECC refers to the document issued by the DENR-EMB that allows a proposed 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. The ECC is typically mistaken to mean Environmental Clearance Certificate because it provides
authorization for a project to proceed. However, the correct term, Compliance, refers to the project being compliant with the given requirements.

-Any type of project created in the Philippines that may affect the environment must secure an Environmental Compliance Certificate (ECC) from the Department of the Environment and Natural Resources
(DENR). Alternatively, the project may be issued a Certificate of Non-Coverage (CNC) if the DENR-EMB team finds that the project is not part of the Environmental Impact Statement (EIS).

1.ECC (Policies/Laws)

Presidential Decree No. 1586 (Environmental Impact Statement System)-The ECC is issued under this decree, certifying that a project will not cause significant environmental harm if its conditions are followed. It
also specifies that an ECC is mandatory for projects classified as environmentally critical.

DENR Administrative Order No. 30, Series of 2003 (Implementing Rules and Regulations of the Philippine EIS System)-Provides detailed guidelines for the processing, issuance, and monitoring of ECCs. It
categorizes projects based on their potential environmental impact and determines the appropriate level of assessment (e.g., Initial Environmental Examination or full EIS).

Republic Act No. 6969 (Toxic Substances and Hazardous Wastes Control Act)-Projects that involve the handling of hazardous substances must secure an ECC to ensure compliance with the law’s waste
management and disposal requirements.

Republic Act No. 9003 (Ecological Solid Waste Management Act)-Stipulates that projects generating significant solid waste must comply with waste management standards before an ECC can be issued.

Republic Act No. 11038 (Expanded National Integrated Protected Areas System Act)-Requires ECCs for projects located in or near protected areas to ensure that the natural environment is preserved.

DENR Memorandum Circular No. 005, Series of 2014-Simplifies the ECC process for small-scale projects by introducing the Certificate of Non-Coverage (CNC), which certifies that the project does not require a
full EIA.

2.ECC System and Process

To secure an ECC the project proponent must comply with the requirements of the Philippine Environmental Impact Assessment (EIA) System and show that the proposed project will not cause a significant
negative impact on the environment through its EIA. The ECC also certifies that the proponent is committed to implement an approved Environment Management Plan.

The proponent scopes the EIA they must conduct by consulting with the stakeholders of a project, those who will be affected by it, including the public in the vicinity of the project and DENR experts who will
determine the technical aspects of the EIA to be conducted.

The proponent conducts the EIA study based on the initial scoping, which examines the impacts a project will have on the environment as well as the current state of the environment at the project site.

An Environmental Impact Statement (EIS) is prepared, which is the report based on the findings of the EIA study. This also includes plans to mitigate the impacts of the project.

For large or critical projects, the EIS is reviewed by the DENR-EMB and changes or additional information may be requested to improve it. This step is repeated until the EIS meets the DENR-EMBs standards. It
can take long if the quality of the EIS prepared is not high, or if the thoroughness of the EIA is insufficient.

The final EIS is submitted to the DENR-EMB for approval. If the project is eligible, it will be awarded an ECC

3.Purpose of ECC

To ensure that the project complies with environmental laws and regulations.

To mitigate potential risks by enforcing environmental safeguards.

To grant legal permission to proceed with environmentally critical or large-scale projects.

4.mportance of ECC

Environmental Protection: Ensures that projects are implemented responsibly without harming ecosystems.

Regulatory Compliance: Helps developers align with national and local environmental regulations.

Risk Management: Reduces the chance of legal and environmental liabilities by enforcing pre-emptive measures.

Sustainability: Encourages sustainable practices in industrial and infrastructure development.

5. ECC Sample

Project Information: Name, location, and description.

Conditions: Guidelines and requirements to be followed (e.g., waste management, pollution control measures).

Validity Period: Projects must start within a specified timeframe, or the ECC lapses.
Monitoring Requirements: Specifies reporting and compliance monitoring obligations.

For example, an ECC issued for a manufacturing plant might include conditions on air emission limits, noise control measures, and periodic environmental monitoring reports.