Eia

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Overview of Stages of the Philippine EIA Process

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Screening

Scoping

EIA Study and Report Preparation

Decision making

Monitoring, Validation, and Audit

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determines if a project is covered or not covered by the PEISS. If a project is covered, screening further determines what document type the 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.

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Screening

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is a Proponent-driven multi-sectoral formal process of determining the focused Terms of Reference of the EIA Study.

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Scoping

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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.

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Scoping

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The need for and scope of an Environmental Risk Assessment (ERA) is also done during the

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scoping session.

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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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Scoping

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___ involves a description of the proposed project and its alternatives, characterization of the project environment, impact identification and prediction, evaluation of impact significance, impact mitigation, formulation of Environmental Management and Monitoring Plan, with corresponding cost estimates and institutional support commitment.

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EIA Study

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The study results are presented in an ____ for which an outline is prescribed by EMB for every major document type.

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EIA Report

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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 Committee, for IEE-based applications. EMB evaluates the EIARC recommendations and the public’s inputs during public consultations/hearings in the process of recommending a decision on the application.

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Review of EIA REPORT

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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 report type. Moreover, the Proponent signs a sworn statement of full responsibility on implementation of its commitments prior to the release of the ECC. The ECC is then transmitted to concerned LGUs and other GAs for integration into their decisionmaking process

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Decision Making

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This stage assesses performance of the Proponent against the ECC and its commitments in the Environmental Management and Monitoring Plans to ensure actual impacts of the project are adequately prevented or mitigated.

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MONITORING, VALIDATION, and EVALUATION/ AUDIT

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___ is a checklist for determining coverage under the Philippine EIS System and for determining corresponding requirements to comply with the system.

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Annex 2-1a

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___ can both be used as a self-screening tool of the Proponent and a Screening Validation Form of the EMB. It also serves as a Site Inspection Report Form of the EMB for ECC/CNC applications, particularly for those that have passed procedural screening but need to be inspected for a rapid screening of issues prior to substantive screening. It may also be used for site inspection of suspected or reported operating projects without ECC as basis to support or validate issuance of a Notice of Violation.

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Annex 2-1a

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is applicable to both single and co-located projects, new and existing projects, with or without ECCs, or proposing for resumption of operations or project expansion/modification

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annex

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___ is the master-screening checklist, which contains the list of all requirements stated above to effect an application to the Philippine EIS System. It has three (3) main tables used in the screening process:

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Annex 2-1a

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Annex 2-1a is the master-screening checklist, which contains the list of all requirements stated above to effect an application to the Philippine EIS System. It has three (3) main tables used in the screening process:

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Annex Table 1

Annex Table 2a

Annex Table 3

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___ presents a short list of the project types for Groups I to III Project Groups for identification of main and support components of multi-component single-project applications or co-located project applications. This table assigns a specific number to the project type, which can help the Proponent easily locate its project in the Project Grouping Matrix (Annex 2-1c) for a determination of EIA Report type based on project threshold.

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Annex Table 1

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summarizes the list of the 12 ECA categories. The Proponent or the EMB has to complete the detailed ECA Screening Checklist (as presented in Table 2b) before the table can only be filled out.

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Annex Table 2a

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___ will prompt the Proponent to check with DENR-EMB, other DENR offices, the LGU and other government agencies for confirmation of each relevant ECA category under respective mandates. Six (6) categories may be confirmed by the DENR as ECAs, while the technical descriptions for the rest of the six (6) categories shall be provided by DOT, NM/NHI/NCCA, NCIP, DOST-PAGASA, DOST-PHIVOLCS, DA/BFAR, DPWH or LGU.

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Table 2b

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will provide the final confirmation of non-coverage of projects listed in Group II with EIS/IEE-based thresholds.

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Table 2a

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provides guidance as to the decision document required, what EMB office the Proponent may apply, who the endorsing and deciding authorities are and how long the decision process would take.

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Annex Table 3

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Procedures for ECC and CNC Application

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Steps in the Application Process

Application Process for Relief from ECC Commitments

Application Process for ECC Amendments

Application Process for New Projects and Projects for Modification/ Expansion

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The four (4) steps in this stage of the EIA Process -- from Scoping to Conduct of EIA Study/Report Preparation to Review and Evaluation of the EIA Report to Decision Making -- are described in each flowchart, whichever is relevant to the EIA Report type. It is noted that the EIA Study stage is fully within the control of the Proponent, thus, DENR-EMB does not regulate the duration of the EIA Report preparation. DENR-EMB emphasizes that the EMB-controlled timelines prescribed in DAO 2003-30 emanating from AO 42 apply only from the time the EIA Reports have been accepted for substantive review up to the time the ECC or CNC is issued. 15)

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Steps in the Application Process

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details the process for securing relief from the ECC issued for the project under previous DAOs of PD 1586 or the DAO 2003-30 under the following scenarios: a) for projects which have secured ECCs but have not been implemented; b) for projects which were previously covered but are currently classified as outside the PEISS purview; and c) for projects that will be terminated or completed, or will be abandoned or decommissioned.

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Application Process for Relief from ECC Commitments

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presents how Proponents may request for minor or major changes in their ECCs. Annex 2-1c provides a decision chart for the determination of requirements for project modifications, particularly for delineating which application scenarios will require EPRMP or other support documentations.

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Application Process for ECC Amendments

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present the application process for the seven (7) EIA Report types across project groups, based on what are prescribed to be processed at the EMB CO and EMB RO. The flowcharts also provide a description of the activity, the process and documentary requirements from Proponent applicants, the corresponding actions by DENR-EMB, and timelines for the activities, where prescribed. The flowcharts link the Proponents to the Annexes, which provide proforma documents and supplementing guidelines for easy compliance to the system. 16)

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Application Process for New Projects and Projects for Modification/ Expansion

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Flowchart for ECC Applications for PEIS, EIS, PEPRMP, and EPRMP

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Scoping

EIA Study and Report Preparation

EIA Report Review and Evaluation

START OF EMB - CONTROLLED REVIEW PROCESS

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SCOPING

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1.1Social Preparation/IEC

1.2 Request for Scoping with EMB

1.3 Review Team Formation, Scheduling of Three-Level Scoping Activity

1.4 Conduct of Three-Level Scoping Activity:

1.5 Final Approval of Scoping Checklist

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1.4 Conduct of Three-Level Scoping Activity:

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a) 1st Level: Project Briefing Meeting with Review Team,

b) 2nd Level: Public Scoping with Community and

c) 3rd Level: Technical Scoping with Review Team

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Information, Education and Communication (IEC) of LGUs with jurisdiction over the project area is a required Proponent-driven activity, used as a basis for identification of stakeholders and issues in preparation for Public Scoping. Prior to IEC, tentative impact areas need to be determined by the Proponent, guidelines for which are provided in Annex 2-2. Stakeholders can then be identified with LGU assistance, using the proforma guideline/form in Annex 2-3. The actual LGU IEC activities and outcome can be summarized using Annex 2-4.

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Social Preparation/IEC

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Scoping is a required activity for PEIS and EIS-based projects. The Proponent submits to the EMB five (5) sets of Pro-forma Letter of Request for Scoping (Annex 2-5), attaching the Pro-forma Project Description for Scoping (Annex 2-6), with supporting docs: a) Filled out EIA Coverage and Requirements Screening Checklist (Annex 2-1), b) Map and Description of Preliminary Impact Areas, per Annex 2-2, c) Stakeholder ID Form (Annex 2-3), d) Summary IEC documentation (Annex 2-4), and e) Filled out scoping portion of the appropriate EIA Scoping/Procedural Screening Checklist (SPSC), available for EIS (Annexes 2-7a) and for EPRMP (Annex 2-7b).

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Request for Scoping with EMB

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Within five (5) working days from receipt of letter-request, EMB forms the prospective Review Team.

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Review Team Formation, Scheduling of Three-Level Scoping Activity

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The Three-Level Scoping Activity is a Proponent-driven activity, preferably done one-time on site or in the region of project location:

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Project Briefing

Public Scoping

Technical scoping with review team

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during which the EIA SPSC presented by the Proponent during Project Briefing is reviewed, finalized and signed by the RT and the Proponent. The RT is also referred to Annexes 2-7d and e for Environmental Risk Categorization and ERA format/coverage, and to Annex 2-10 for guidance on segregation of other government requirements from the EIA scope.

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c) Technical Scoping with Review Team,

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(RT), during which Proponent presents a project overview, key issues and proposed TOR of EIA Study. Based on the pre-filled out SPSC, the RT may initially raise key issues on the scope of EIA Study, subject to Public/Technical Scoping.

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Project Briefing with Review Team

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with project stakeholders, during which community sectors raise their issues to be addressed in the EIA Study. A Pro-forma Public Scoping Program/Guidelines is presented in Annex 2-9 to guide Proponent in preparations and proper conduct of scoping. A Pro-forma Listing of Community Issues is provided in Annex 2-7c for sign-off by key scoping participants as an input to the Technical Scoping. (NOTE: Public Scoping not required for PEPRMP, EPRMP and for projects in national waters outside of any LGU jurisdiction, thus, only Two-Level Scoping is required at the EMB Office for these projects). 1.4

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Public Scoping

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The EMB Chief reviews and approves the EIA SPSC, rendering official the final TOR of the EIA Study

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Final Approval ofScoping Checklist

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THIS STEP IS WHOLLY WITHIN THE PROPONENT’S CONTROL.Proponent undertakes the EIA Study, with the assistance of its EIA PreparerTeam. DENR-EMB personnel may clarify procedural and technical matters on theEIA process but is not allowed to take part in the EIA Study or in the preparation of thereport

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EIA Study andReportPreparation

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Proponent submits one (1) copy of EIA Report, and filled-out Procedural Screening portion of the SPSC Annex 2-7a). Within three (3) days from receipt of the EIA Report, the Screening Officer validates the proceduralscreening by the Proponent

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ProceduralScreening of EIAReport

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The Review Fund is estimated by the EIAMD and signed off by the EIAMD Chief.

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Payment of filing fee/Set up Review Fund

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The EMB convenes the EIA Review Committee and Resource Person through a formalinvitation/contract. 2-4 EIARC members are ideally invited. EIARC individually reviews EIAReport and fills up the Pro-forma Additional Information (AI) Request (Annex 2-24) forsubmission before or during the 1st RT Meeting.

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Reconvening ofReview Team (RT)and Distribution ofEIA Report copiesto RT members

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for submission before or during the 1st RT Meeting.

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(Annex 2-24)

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provides supplementing guidelines for requesting

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Annex 2-24

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provides review criteria and guidance to the Review Team on the conduct of review meetings.

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Annex 2-25

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Duration is inclusive of a maximum of two (2) AdditionalInformation (AIs) (except for EMB RO AIs, responses for which are outside theEMB review timeline), maximum of 3 Review Team meetings, Site Visits/PublicHearing/Public Consultation, and submission of EIARC Report by EIARC Chair andReview Process Report of the EMB Case Handler.

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Review Properby Review Team

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EMB can pre-select the EIARC Chair; otherwise, the EIARC members can select its Chair. EIARC members submit their AI Forms for internal discussion among EIARC members, then with the Proponent and subsequent consolidation by the EIARC Chair for submission to the EMB within 5 days from the meeting day.

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1stReviewTeam Meeting

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are not covered by SV/PC/PH if there are no residents on site,no communities deriving livelihood from the site AND project area is outside anyLGU jurisdiction.

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Offshore projects

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NON-SUBMISSION OF THE AI WITHIN THE PRESCRIBED TIMEFRAMEWOULD MEAN STOPPAGE OF THE REVIEW PROCESS and AUTOMATIC RETURN OFEIA REPORT TO THE PROPONENT, WHO IS GIVEN ONE (1) YR TO RESUBMITWTHOUT HAVING TO PAY PROCESSING and OTHER FEES.

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Submission ofEIARC Report byEIARC Chair

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The RPR/Recommendation Document shall be prepared and submitted bythe EMB CH to the EIAMD Review Section Chief/EIAM Division Chief atthe latest within five (5) days from receipt of the EIARC Report.

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Submission of Review ProcessReport (RPR)/Recommendationby EMB CaseHandler

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If no decision is made within the specified timeframe, the ECC application is deemed automatically approved and the approving authority shallissue the ECC within five (5) working days after the prescribed processingtimeframe has lapsed.

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Sign-off/Issuance ofDecisionDocument

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EMB transmits through Annex 2-30b the ECC to concerned GAs and LGUs with mandate on the project for integration of recommendations into their decision-making process.

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Transmittal ofECC toConcernedGAs/LGUs

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The Proponent may opt to request EMB CO/RO to scope theIEER. In the scoping meeting, the Proponent and EMB jointly fillout the Scoping Checklist. The accomplished form may be signed by both parties to serve as the official TOR of the IEER.

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Informal Scoping(option of theProponent)

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THIS STEP IS WHOLLY WITHIN THE PROPONENT’SCONTROL. Proponent undertakes the IEE Study. DENR-EMBpersonnel may clarify procedural and technical matters on the EIAprocess but is not allowed to take part in the EIA study or in thepreparation of the report.

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EIA Study andReportPreparation

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• For IEER: Within ____ days from receipt by EMB of the IEER, the Screening Officer validates the procedural screening done by the Proponent.

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three (3)

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• For the IEEC: Within ____ day from receipt of the report, the Screening Officer validates the completeness of the IEEC to ensure the information is sufficient to make a decision on the application.

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one (1)

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Non-conforming document will be ____. If conforming,Proponent will be instructed to pay the filing fee and then showthe receipt to the EMB Case Handler to initiate the substantivereview of the document.

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returned

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For the IEER, the ______ is estimated by the EIAMD andsigned off by the EIAMD RO Chief. The Proponent with theDENR-EMB Fund Manager then enters into a MOA. Annex 2-23presents the guidelines for setting up the Review Fund.

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Review Fund

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Should the EMB Case Handler decide to review the IEER with a team, theCase Handler may invite reviewers from EMB/DENR personnel withmandates on the key issues of the applications (e.g., water, air,hazardous waste from PCD;

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Inviting EMB Reviewers and Distribution of EIA Reports

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The Review Proper duration is inclusive of a maximum of two (2)Additional Information (AIs), and maximum of three (3) Review Teammeetings/exchange of communication, Site Visits/Public Consultation upto Submission of Review Process Report by the EMB Case Handler.

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Review Proper byEMB Case Handleror with EMB/DENRreviewers

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The EMB Case Handler may review the EIA Report solely orwith the assistance of EMB/DENR Reviewers. The reviewersmay individually review the EIA Reports and fill up the Proforma Additional Information (AI) Request (Annex 2-24) for submission during the 1st Review Mtg or in an equivalent activity

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1st Review by EMBCH or with ReviewTeam (RT)

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No Public Hearing is required. Should the EMB requires public consultation, the response to the AI raised during the 1stReview Team Meeting shall be responded to within five (5)working days from the date of the Public Consultation.

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Site Visit (SV),Public Consultation(PC)

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NON-SUBMISSION OF THE AI WITHIN THE PRESCRIBEDTIMEFRAME WOULD MEAN STOPPAGE OF THE REVIEW PROCESSand AUTOMATIC RETURN OF IEER/IEEC TO THE PROPONENT,WHO IS GIVEN ____MONTHS TO RESUBMIT WITHOUT HAVINGTO PAY PROCESSING and OTHER FEES.

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SIX (6)

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The RPR/Recommendation Document shall be prepared andsubmitted by the EMB CH to the EIAMD Review SectionChief/EIAM Division Chief at the latest within ____ days fromreceipt of the EIARC Report. Annex 2-29 provides an outline ofthe RPR.

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five (5)

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If no decision is made within the specified timeframe,the ECC application is deemed automatically approved and theapproving authority shall issue the ECC within ____working days after the prescribed processing timeframe has lapsed

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five (5)

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EMB transmits through Annex 2-30b the ECC toconcerned GAs and LGUs with mandate on the projectfor integration of recommendations into their decision making process.

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Transmittal of ECCto ConcernedGAs/LGUs

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Flowchart for CNC Applications

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ProjectDescription(PD)

ReportPreparation

PD ReportReview andEvaluation

START OF EMBREGULATEDREVIEW TIMELINE

Endorsementof Recommendation

Sign-off/Issuance ofDecisionDocument Transmittal ofCNC Document

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THIS STEP IS WHOLLY WITHIN THE PROPONENT’SCONTROL. Proponent undertakes the EIA Study, with orwithout the assistance of an EIA Preparer. DENR-EMBpersonnel may clarify procedural and technical matters onthe EIA process but is not allowed to take part in the EIAstudy or in the preparation of the report

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ProjectDescription(PD) ReportPreparation

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Proponent submits to EMB one (1) hard copy of the PDReport. Within one (1) day from receipt of the report, theScreening Officer validates the completeness of the PDreport to ensure the information is sufficient to make adecision on the application. Non-conforming document willbe returned. If conforming, the Proponent will be instructedto pay the filing fee and then show the receipt to the EMBCase Handler to initiate the processing of the document.

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ProceduralScreening

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ONLY THE TOTAL REVIEW DURATION and RESPONSE PERIOD OF PROPONENT TO AIs ARE CONTROLLED BY EMB. The rest of the timelines within the review process is provided FOR GUIDANCE and PLANNINGPURPOSES only

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START OF EMBREGULATEDREVIEW TIMELINE

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The EMB Case Handler solely reviews the application.

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Review Proper by EIAMD Case Handler

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Timelines of the Site Visit are included in the ____workday review duration by the EMB CH.

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8

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Recommendation shall be prepared and submitted by theEMB CH to the EIA Division Chief within two (2) workingdays from last activity.

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Draft Recommendation Document by EMBCH

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presents the standard CNC format and content. The clearance for release of the EMB CH’s Recommendation to the Endorsing Authority is included in the 8-workday review duration.

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Annex 2-31

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may be used for documenting observations during Site Visit

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Annex 2-1a

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: If no decision is made within the specified timeframe,the CNC application is deemed automatically approved and the approving authority shall issue the CNC within ____workingdays after the prescribed processing timeframe has lapsed.

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five (5)

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EMB transmits through Annex 2-30b the CNCto concerned DENR office, other GAs andLGUs with mandate on the project forintegration of recommendations into theirdecision-making process.

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Transmittal ofCNC Document

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The primary purpose of monitoring, validation and evaluation/audit is to ensure thejudicious implementation of sound environmental management within acompany/corporation and its areas of operation. Specifically, it aims to ensure thefollowing:

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a) Project compliance with the conditions set in the ECC;

b) Project compliance with the Environmental Management Plan (EMP);

c) Effectiveness of environmental measures on prevention or mitigation of actual projectimpacts vis a vis the predicted impacts used as basis for the EMP design; and

d) Continual updating of the EMP for sustained responsiveness to project operations andproject impacts.

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presents a standardized Semi-annual ECC Compliance MonitoringReport (CMR), which a Proponent, through its Environmental Unit or EnvironmentalOfficer, is required to submit to the designated monitoring EMB office on a semiannual frequency

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Annex 3-1

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The CMR requirement is to report performance at three (3)levels, at the minimum, as follows:

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a) performance against the ECC conditions;

b) performance against the EMP; and

c) performance against the monitoring of actual impacts (including residual impacts) as against predicted impacts in the EIA Report and as related to current project operations.

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The detailed report on compliance to environmental standards specific toenvironmental laws shall be submitted through the Self-Monitoring Report (SMR) asrequired by ____ on a quarterly basis to the concerned EMB RO.

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DAO No. 2003-27

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The _____ shall be submitted as Module 5 of the second and fourthquarter SMRs. Moreover. , the second CMR shall include a simple trend analysis ofthe environmental standards and a summary of the cumulative annual and historical performance/ compliance analysis on key environmental and social parameters, e.g.total areas successfully re/planted for the year and since project implementation;total local jobs generated

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semi-annual CMRs

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The First CMR shall be submitted ____ after the start of project implementation,except for ECC commitments/conditions, which need to be submitted prior to projectstart-up. The Proponent shall notify EMB on the start-up date of projectimplementation.

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mid-year

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The Proponent may commission third party experts to undertake monitoring on itsbehalf. In such cases, respective notarized Sworn Accountability Statements similar to ____ shall be submitted to the EMB with the monitoringresults. DENR-recognized laboratories shall also be availed of in the analysis of fieldsamples.

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Annexes 2-21 and 2-22

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are organized to encourage public participation, to promote greater stakeholder vigilance and to provide appropriatecheck and balance mechanisms in the monitoring of project implementation.

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Monitoring by Multi-partite Monitoring Team:

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. MMTs have the primary responsibility of validation of Proponent’senvironmental performance, with the following specific functions:

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i) Validate project compliance with the conditions stipulated in the ECC and the EMP;

ii) Validate Proponent’s conduct of self-monitoring;

iii) Receive complaints, gather relevant information to facilitate determination of validityof complaints or concerns about the project and timely transmit to the Proponentand EMB recommended measures to address the complaint;

iv) Prepare, integrate and disseminate simplified validation reports to communitystakeholders;

v) Make regular and timely submission of MMT Reports based on the EMB-prescribedformat.

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____presents the generic Compliance Monitoring and Validation Report (CMVR),which shall serve as the MMT Report Form. The CMVR has to be customized by everyMMT based on the project to be monitored.

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Annex 3-2

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shall be primarily responsible for the over-all evaluation/audit of theProponent’s monitoring and the MMT validation.

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EMB

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The fines, penalties and sanctions of the Philippine EIS System is based on ____ as follows: “Penalty for Violation. Any person,corporation or partnership found violating Section 4 of this Decree, or the terms andconditions in the issuance of the Environmental Compliance Certificate, or of thestandards, rules and regulations issued by the National Environmental ProtectionCouncil pursuant to this Decree shall be punished the suspension or cancellation ofhis/its certificate and/or a fine in an amount not to exceed fifty thousand pesos(P50,000.00) for every violation thereof, at the discretion of the NationalEnvironmental Protection Council.”

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Section 9.0 provision of P.D. 1586,

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___ states that “No person, partnership or corporation shall undertake or operate any such declared environmentally critical project or area without first securing an Environmental Compliance Certificate issued by the President or his dulyauthorized representative.

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Section 4 of P.D. 1586

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ECCs may be suspended for violation of Proponents to comply with ECC conditions. It is noted that ECC suspension does not necessarily mean the Proponent is absolved of its responsibility in implementing its approved Environmental Management Plan (EMP).

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Suspension of ECCs

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Imposition of fines and penalties based on the succeeding guidelines is vested onthe Directors of the EMB Central Office or Regional Office upon persons or entities found violating provisions of P.D. 1586 and its Implementing Rules and Regulations.

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Authority to Impose Fines and Penalties

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The EMB Director or the EMB-RD may issue a Cease and Desist Order (CDO)based on violations under the Philippine EIS System which cannot be attributed to specific environmental laws (e.g. RA 8749, RA 9275, RA 6969, etc) and/or whichpresent grave or irreparable damage to the environment. Such CDO shall beeffective immediately. An appeal or any motion seeking to lift the CDO shall notstay its effectivity. However, the DENR shall act on such appeal or motion within ten(10) working days from filing.

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Cease and Desist Order

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The EMB may publish the identities of firms that are in violation of P.D. 1586 and itsImplementing Rules and Regulations despite repeated Notices of Violation.

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Publication of Firms

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Scope of Violations

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Projects with or without ECCs

Projects are established and/or operating without an ECC

Violations of conditions of ECCs with old format referring to submission ofdocuments, conduct of studies and other conditions within the mandate of otheragencies

Projects violating ECC conditions and EMP Commitments and other proceduralrequirements of the Philippine EIS System

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which pose grave and/or irreparable danger toenvironment, life and property wherein causes are not regulated by any specificenvironmental law;

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Projects with or without ECCs

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A project that has commenced its implementation is deemed “operating without an ECC”, whether or not itis in actual operation. The phrase “operating without ECC” refers to all projects that were implemented without ECC but should have secured one as provided for by the PD 1586IRR effective at the time.

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Projects are established and/or operating without an ECC:

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(e.g. Relocation Plan under HLURB/NHA; Traffic Management Plan underLGU; Occupational Health and Safety Plan under DOLE; Epidemiological Studies underDOH, etc): Violations shall be limited to procedural or administrative non-compliance(e.g. Refer to Minor Offense #1 below on delay or non-submission). The acceptability ofthese documents based on substantive evaluation cannot be a ground for violation underPD 1586.

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Violations of conditions of ECCs with old format referring to submission of documents, conduct of studies and other conditions within the mandate of other agencies

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Violations in relation to ECC conditionsare classified as minor and major offenses, differentiated by schedule of fines based on seriousness and gravity of the offense:

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Projects violating ECC conditions and EMP Commitments and other procedural requirements of the Philippine EIS System:

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(violations of administrative conditions in the ECC and the EIS Systemprocedures, rules and regulations that will not have direct significant impact on the environment but can impede or delay compliance against other ECC conditions and/or EMPcommitments which the Proponent is required to comply or can prevent/deter EMB fromperforming monitoring or audit functions on the Proponent’s environmental performance)

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MINOR Offenses

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(violations of substantive conditions in the ECC and the EIS Systemprocedures, rules and regulations that will have significant impact on the environment andwhich the Proponent is required to comply), such as: 1) non-implementation of substantiveconditions in the ECC on the EMP and EMoP and other related substantive commitments inthe EIA Report, including modifications during EIA Report Review, 2) exceedance of projectlimits or area; 3) significant addition of project component or product without prior DENREMB approval; 4) major change in project process or technology resulting in unmitigatedsignificant impacts not addressed by approved EMP; 5) Other offenses deemed “major” atthe discretion of the EMB CO/RO Director.

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MAJOR Offenses

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All misrepresentations, whether material or minor constitute violations on the theory that full disclosure in the EIA Report is the key to the effective use of the EIS System as a planning and management tool.

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Misrepresentation in the EIA Report or any other EIA documents:

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Failure to pay a fine imposed by the Secretary, EMB Director or the RD constitutes anoffense separate from the original offense that brought about the imposition of theoriginal fine and may warrant the imposition of another fine, and/or the issuance of a ____.

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CDO

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The sum of P50,000.00 is set as reduced atthe discretion of the Secretary, the EMB Director, or the RD, considering thecircumstances of each case, i.e. impact of the violation on the environment. The projectmay be subjected to penalty following the mechanics of reduction as shown in Table 2-2.

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For projects operating without an ECC:

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The sumof P50,000.00 is again set as the maximum amount of fine per violation. Violation of one condition in the ECC is an offense separate and distinct from the violation of another condition. It is possible that a respondent be subjected to a fine of more than P50,000.00if more than one ECC condition is violated. However, the amount of fine per violation may be accordingly reduced, following the schedule of fines presented in

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In case of violation of ECC conditions, EMP, or EIS rules and regulations:

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This violation shall be subjected to due process and may result to a fine in afixed maximum amount of PhP50,000.00 for every proven misrepresentation. TheProponent and the Preparer responsible for the misrepresentation shall be solitarily liablefor the payment of the fine, without prejudice to other EMB actions towards theProponent or Preparer who repeatedly commit the same offense.

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Misrepresentation in the EIA Reports or any other documents submitted by the Proponent:

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The Revised Procedural Manual (RPM) is immediately effective after sign-off by theEMB Director. Full implementation shall be by January 2008. In the transition, EMBshall adopt a selective implementation approach or voluntary performance byProponents/Preparers against the revised procedures to allow entities concerned toundergo orientation/training on the manual. Proponents who have initiated Scopingor who are in the EIA Study/Report Preparation stage may adopt the new Manualprocedures/guidelines with prior concurrence of the EMB.

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Effectivity

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All memoranda, memorandum circulars, MOAs based on DAO 96-37 or earlier IRRsof PD 1586, and other issuances where provisions are inconsistent with this Manualare amended accordingly

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Repealing Clause

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The EMB shall continually improve the EIA process for greater efficiency as aplanning tool in the project cycle. Improvements will also aim to generate betterquality EIA Reports and faster review timelines through more meaningful EIAprocesses. Improvement proposals shall be accepted by EMB through a formprovided below.

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Continual Improvement

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ECPs in either ECAs or NECAs (Environmentally Critical Projects in either Environmentally Critical Areas or Non-Environmentally Critical Areas) - Theseare project types declared through Proclamation Nos. 2146 and 803 with technicaldescriptions provided by NEPC Circular No. 3 of 1983 and updated by EMB withDTI concurrence on 6 July 2004 as authorized by Sections 2-D and 3-A of AO 42(2002): ALL Golf Course projects; Heavy Industries, Fishery, Logging and Grazingprojects with EIS requirement (with highest potential level of significance of impact);ALL projects introducing exotic fauna in public and private forests; MAJOR woodprocessing; MAJOR mining and quarrying projects and MAJOR listed infrastructureprojects. There are currently a total of 37 listed project types in Group 1, all with EISrequirement.

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Group I:

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NECPs in ECAs (Non-Environmentally Critical Projects inEnvironmentally Critical Areas) - These are Heavy Industries, Fishery, and Loggingprojects with IEE as the highest documentary requirement (with moderate to nilsignificance of impact); MINOR wood processing projects, MINOR mining andquarrying projects, MINOR infrastructure projects in the same project types as listedin Proc No. 2146, as well as 16 additional project types which may be located in anyof the 12 ECAs, as enumerated in Table 1-2. There are currently 118-listed projecttypes under Group II.

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Group II:

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NECPs in NECAs (Non-Environmentally Critical Projects in NonEnvironmentally Critical Areas) - These are ALL Group II project types outsideECAs.

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Group III:

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A co-located project is agroup of single projects, under one or more proponents/locators, which are located in acontiguous area and managed by one administrator, who is also the ECC applicant. Theco-located project may be an economic zone or industrial park, or a mix of projects withina catchment, watershed or river basin, or any other geographical, political or economicunit of area.

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Group IV (Co-located Projects in either ECA or NECA):

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: These are the projects not listed in any of the groups,e.g. projects using new processes/technologies with uncertain impacts. This is an interimcategory – unclassified projects will eventually be classified into their appropriate groupsafter EMB evaluation.

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Group V (Unclassified Projects):

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: There are at most three (3) sub-groups under each main projectgroup, as follows: new projects, existing projects with ECC with proposal for modificationor resumption of operation, and operating projects without ECC (Table 1-3). Currentlyoperating projects which preceded the implementation of the PEISS (i.e. projects thatwere operational or implemented prior to 1982) are not covered by the EIS Systemunless these apply for modification/expansion falling within thresholds of coveredprojects under Groups I and II.

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Project Sub-groups:

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presents criteria/guidelines for selection of EIARC and Resource Persons. In coordination with the Proponent, EMB confirms the date and venue of the Three-Level Scoping Activity. The Review Team consists of an EMB Case Handler, third party EIARC members and/or Resource Person/s.

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Annex 2-8