ENVIRONMENTAL

IMPACT
ASSESMENT
Presidential Decree 1586
Establishing the Philippine Environmental Impact
Statement System

Engr. Virgilio F. Fabronero, Ch.E, M.E in Ch.e

 Outline of
1 Presentati
• BACKGROUND ON EIA PROCESS

2
on
• ECC, COMPLIANCE, FINES AND PENALTIES

• PROJECT PROCEDURAL SCREENING &

3 CATEGORIZATION

• ECC & CNC ON-LINE PROCEDURES

4
Background
on EIA
Process
 QUESTION:
Why do we need
POLICIES on
ENVIRONMENTAL
CONCERNS?
1. POPULATION GROWTH
Too many people. Too little space.
OVERPOPULATION IN MANILA | 2006
 MORE MORE
POPULATION POLLUTION
2. INDUSTRIAL EXPANSION

Petron Bataan Refinery (PBR) is the largest

refinery in the Philippines
3. URBANIZATION

Makati Skyline
4. RAPID UTILIZATION OF
NATURAL RESOURCES

Illegal Logging
4. RAPID UTILIZATION OF
NATURAL RESOURCES

Overfishin
4. RAPID UTILIZATION OF
NATURAL RESOURCES

Excessive Mining / Quarrying

5. INCREASING TECHNOLOGICAL
ADVANCES
 industrial
expansion
population
growth
Urbanization rapid
natural
resources
utilization

increasing
technological
advances

ENVIRONMENTAL PROTECTION
Definition of
EIA
E – nvironmental
I – mpact
A – ssessment
 Definiti
process
on of
that predicting and
involves

EIA
evaluating the likely impacts of a project
(including cumulative impacts) on the environment
during construction, commissioning, operation and
abandonment DAO 2003-30
 Environmental Impact Assessment (EIA)
Detailed study to determine the type and
level of effects an existing facility is
having, or a proposed project would have,
on the environment.

05/14/2020 19
Environmental
Impact
A systematic process that examines

Assessment
the environmental consequences of an
activity to:
- Bio-physical environment
- socio-economic environment
and designing appropriate environmental
management measures to mitigate negative
consequences & enhance the positive ones
 Environmental Impact
Identification

DIRECT IMPACTS

INDIRECT IMPACTS

CUMULATIVE IMPACTS
EIA is a planning and
management tool that will help
government, the proponent, the
affected communities and other
decision makers assess whether
the benefits of the project
will outweigh the negative
consequences or risks on the
environment

negative
impacts
benefits
 Environmental Impact Assessment

STRESSORS MEDIA
(emission, PATHWAYS AND
(wind direction, etc.) RECEPTORS
effluent, etc.)

05/14/2020 23
Early Adopters of EIA
1974 – Australia

1975 – Thailand

1976 – France

1978 – Philippines

1981 – Israel

1983 - Pakistan
Early Adopters of EIA
1985 – Belgium

1986 – Spain

1986 – Netherland

1988 – Italy

1989 – Denmark
1990 – Germany, Greece, Ireland,
Portugal, UK
OVERVIEW OF PEISS AND RELATED
POLICIES

Presidential Decree 1151

• 1151
Philippine Environmental Policy of 1977

Presidential Decree (PD) 1152

Philippine Environment Code of 1977

Presidential Decree (PD) 984

Pollution Control Law 1976

Presidential Decree (PD) 1586

•
Establishment of Philippine Environmental Impact
Statement System (1978)
 PD 1151 PHIL. ENVIRONMENTAL POLICY
SECTION 4. Environmental Impact Statements

• All agencies and instrumentalities of the

national government, including government-
owned or controlled corporations, as well as
private corporations firms and entities shall
prepare, file (an EIS) and include in every
action, project or undertaking which
significantly affects the quality of the
environment
 PD 1152 (1977)

AIR
QUALITY

WATER
WASTE QUALITY
Manage
ment

LAND NATURAL
USE RESOURCES
 PD 984 POLLUTION CONTROL LAW

• Amended:
– R.A 8749 “Philippine Clean Air Act”
– R.A 9275 “Philippine Clean Water Act”
– R.A 9003 “Ecological Solid Waste
Management Act
- R.A 6969 Toxic Substances and
Hazardous and Nuclear
Wastes Control Act
PD 1586 The Philippine EIS System (1978)

Section 4:
No person, partnership or
corporation shall undertake or
operate any environmentally
critical project (ECP) or locate
a project within an
environmentally critical area
( E C A ) w i t h o u t fi r s t s e c u r i n g
an Environmental
C o m p l i a n c e C e r t i fi c a t e
(ECC).
 ECC,
Compliance
Fines &
Penalties
Decisions on
EIA
CNC
Applications
DENIAL
ECC LETTE
R
outcome
of the
EIA
Process
 Environmental
Compliance
Certificate (ECC)
►is issued as a certificate of Environmental Compliance Commitment to
which the Proponent conforms with, after DENR-EMB explains the
ECC conditions

► NOT A PERMIT, BUT A COMMITMENT

► NOT A PERMIT, BUT A PLANNING TOOL
► The Proponent signs the sworn undertaking of full responsibility over
implementation of specified measures which are necessary to comply
with existing environmental regulations or to operate within best
environmental practices
 Main Parts and
Salient Features of
the ECC
• First Part: defines the scope and limits of the project, in terms of
capacity, area, technology or process.
• Second Part: Annex A of the ECC which lists the conditions within
the mandate of the EMB. Non-compliance to any of the conditions may
be imposed a corresponding penalty.
• Third Part: Annex B of the ECC which lists the EIA Review
Committee’s recommendations to the Proponent, as well as
suggestions to the government agencies
 Scope of violations under P.D 1586 and
DAO 03-30

• Projects with or without ECCs

• Projects are established and/or operating without an ECC.
• Violations of conditions of ECC with old format referring to
submission documents, conduct of studies and other
conditions under the mandate of other agencies.
• Projects violating ECC conditions and EMP commitments and
other procedural requirements of Philippine EIS System.
• Misrepresentation in the EIA report or any other EIA
documents.
 Fines, Penalties, and
Sanctions
• Suspension of ECC
• Imposition of Cease and Desist Order
• Imposition of fines and penalties
– Without an ECC
– Violation of ECC conditions
 Classification of Violation for ECC
conditions:
• Minor Offense
– Violations of administrative ECC conditions
which will not have a direct significant impacts
to the environment.
• Major Offense
– Violations of substantive ECC conditions which
will have a significant impacts to the
environment.
 • Assessment and computation of fines:
– For projects operating without an ECC: The sum of
PHP50,000 is set and can be reduced based on table below:
CRITERIA % Reduction in Penalty Equivalent amount in Pesos
Timing of ECC Application
Applied before issuance of 25 12,500
NOV
Percentage Project Completion
25% complete 10 5,000
>25% < 50% complete 5 2,500
> 50% complete 0 0
Project Cost
≤ PHP 5.0M 20 10,000
> PHP 5.0M 10 5,000
Project impact in the Environment
Does not cause adverse 25 12,500
impact
• Assessment and Computation of Fine
– Violation of ECC conditions, EMP or EIS rules and regulations –
The sum of PHP50,000 is set as maximum amount of fine per
violation. The fine can be reduced as per table below:
CRITERIA PENALTY
1st Offense 2nd Offense 3rd Offense 4th Offense
Minor PHP10,000 PHP25,000 PHP50,000 PHP50,000 plus ECC
suspension with option of
Offenses DENR-EMB to cease
operation if deemed
necessary but with
corresponding
requirements for continued
EMP implementation
Major PHP25,000 PHP50,000 PHP50,000 plus ECC
suspension with option of
Offense DENR-EMB to cease
operation if deemed
necessary but with
corresponding
requirements for
continued EMP
implementation
 Procedural
Screening &
Categorizatio
n
 System Improvement
Initiatives

• Procedural Manual
(2007)
• Screening Procedures
• EIA Report Requirements
• Procedural Guide
• Review Process
• Impact Monitoring,
Reporting & Evaluation
• Administrative System
 System Improvement Initiatives
EIA Review and Monitoring Procedures and Standards

Philippine EIS System Regulatory Framework

Challenges, Initiatives and Policy Directions
 System Improvement and
Initiatives
• Integrating Disaster Risk
Reduction (DRR) and Climate
Change Adaptation (CCA) in the
EIA Requirement

• Registration System for EIA

Preparers and Reviewers

• On-Line ECC and CNC

application
MC 2014-005
GUIDELINES FOR COVERAGE
SCREENING

CATEGORY A
CATEGORY D
B
C
Environmentally Critical Projects (ECP)

• High potential for significant negative

environmental impact as defined under
Presidential Proclamation 2146 (1981)
• need to undergo environmental impact
assessments
• need to acquire Environmental Compliance
Certificates (ECC) prior to implementation.
• Monitoring is important
Environmentally Critical Areas (ECA)

• Delineated through PP 2146 as

environmentally sensitive
• areas frequently exposed to
hazards or areas that are
historically interesting
• areas are identified in Presidential
Proclamation 2146
 Overview of PEISS and related
policies

• Presidential Proclamation 2146 (1981)

– Environmentally Critical Projects
• Heavy Industries:
• Resource Extractive Industries
• Infrastructure Projects:

• Presidential Proclamation 803

(1996)
• All golf course Projects
 Overview of PEISS and related
policies

• Presidential Proclamation 2146

• Updated thru EMB MC 2014-005
–Environmentally Critical Areas:
12 ECA CATEGORIES

1.Areas declared by law as national parks, watershed reserves, wildlife

preserves, and sanctuaries;
2.Areas set aside as aesthetic, potential tourist spots;
3.Areas which constitute the habitat for any endangered or threatened
species of indigenous Philippine Wildlife (flora and fauna)
4.Areas of unique historic, archeological, geological or scientific interests;
5.Areas which are traditionally occupied by cultural communities or tribes;
 12 ECA CATEGORIES

6. Areas frequently visited and/or hard-hit by

natural calamities
a) Geologic Hazard Areas
b) Flood-prone Areas
c) Hard-hit by depressions, storms and typhoons (provinces
affected by tropical cyclone in the past

7. Areas with critical slope

8. Areas classified as prime agricultural lands
9. Recharge Areas of acquifers
10.Water Bodies
11.Mangrove Areas
 GUIDELINES FOR COVERAGE
SCREENING
CATEGORY A
ECP ECC (EIS – EMB CENTRAL OFFICE)

CATEGORY B
NON-ECP ECC (EIS / IEE CHECKLIST – EMB REGION)

CATEGORY C
ENVIRONMENTAL ENHANCEMENT CNC (EMB REGION)

CATEGORY D
ON-LINE EMB CENTRAL CNC
• PROCEDURAL SCREENING
• PROCEDURAL SCREENING

Category Category
A B

Category Category
C D
 • PROCEDURAL SCREENING

Category • ECP PROJECTS

Covered by A
P.D .1586
Category • Non-ECP within ECA
B
Category • Environmental Enhancement
C
NOT
Covered by
P.D .1586 Category • Projects Unlikely to cause
D Significant Adverse Impacts
• COVERAGE (PD 1586)
Slide Title

• ECC • ECC
Category Category
A B

Category Category
C D

• CNC • CN
C
• MODE OF APPLICATION

• Manual • Manual
/ On-
line
Category Category
Category
A BB

Category Category
C D

• Manual • On-line
 Environmental Impact
Statement (EIS)

Manual ECC Application

With Review

Category
Category Initial Environmental Examination
B Checklist (IEEC)
B
Online ECC Application
 ECC AND CNC
ONLINE
ECC
Category B
IEE Checklist

D
CNC
SYSTEM
Category
 CNC ONLINE
EMB Memo Circular No. 2015-003
Implementation of Online Processing of
Certificate on Non-Coverage (CNC)
Applications for Category D Projects under the
Philippine Environmental Impact Statement
System (PEISS)

Date Approved: January 20, 2015

Effectivity: February 2015 (5 days after publication)
 ECC ONLINE
EMB Memo Circular No. 2015-008
Implementation of Online Processing of
Environmental Compliance Certificate (ECC)
Applications for Category B Projects requiring
Initial Environmental Examination (IEE)
Checklist Report Forms under the Philippine
Environmental Impact Statement System
(PEISS)

Date Approved: June 9, 2015

Effectivity: July 2015 (5 days after publication)
CNC ONLINE PROCEDURE
(PROPONENT)

• Go to emb.gov.ph and click apply online for CNC

1

• Verify the Coverage of the Project and Submit CNC Application

Online
2
• Fill-up CNC 1-page app. form (thru online)
• Upload Site Development Plan
3 • Submit Online

• Generate Order of Payment Form and Print

4
 CNC ONLINE PROCEDURE
(PROPONENT)

• Proceed to any Landbank Branch and Pay Processing Fee

6

• Update Payment
• Upload Bank Receipt and Government ID
7

• Wait for at most 7 working days

8
• Track Status of CNC
• If approved, Download and Print, if not approved upload
9 lacking requirements
CNC ONLINE EVALUATION
Proponent
1
DAY

EIA Section
Case handler
1
Chief 3
DAY DAYS

CP Division
1
DAY
Chief

Regional
1
DAY
Director
CNC ONLINE EVALUATION
• Documentary Requirements to be
Reviewed and Evaluated

1. PROJECT DESCRIPTION
2. PROJECT LAYOUT
3. BANK RECEIPT
4. GOVERNMENT ID
CNC PROJECT DESCRIPTION
PROJECT LAYOUT
BANK RECEIPT
TO VERIFY PROOF OF PAYMENT
GOVERNMENT ISSUED ID
ECC ONLINE PROCEDURE
(PROPONENT)

• Go to emb.gov.ph and click apply online for ECC

1

• Sign-up / Create User’s Account

2

• Answer Required Information

• Input Project Description and Geo Information
3
• Download all available Fillable Forms
• Generate Order of Payment and Sworn Statement and
4 Print
 ECC ONLINE PROCEDURE
(PROPONENT)

• Proceed to any Landbank Branch and Pay Processing Fee

6

• Upload all requirement and Update Payment

• Submit Application
7
• Track Status of ECC
• If approved, Download and Print, if not approved upload
9 lacking requirements

• Sign and Notarize ECC and upload back to the system

10
ECC ONLINE EVALUATION
(Applications w/ lacking requirements)

Proponent
2
DAY

EIA Section
Case handler
2
Chief 12
DAYS DAYS

CP Division
2
Chief
DAYS
ECC ONLINE EVALUATION
(Denial / Approval of ECC)

Proponent
2
DAY

EIA Section
Case handler
2
Chief 12
DAYS DAYS

CP Division
2
DAY
Chief
S

Regional
1
DAY
Director
 FILLABLE FORMS
AUTO GENERATED FORMS
1. Project Description
2. Duly notarized accountability statement of
proponent
3. IEE Checklist Sworn Statement
4. Duly accomplished Project Environmental
Monitoring and Audit Prioritization Scheme
(PEMAPS) Questionnaire
5. Project Components and Operation
Information
6. Order of Payment
DOCUMENTARY REQUIREMENTS
1. Geotagged photographs of project site (taken for the last 30
days)
2. Topographic Map of Impact/affected areas (at least 1km from
project boundaries)
3. Certification from LGU on the Compatibility of proposed
project with existing land use plan (Zoning Certificate,
Locational Clearance, etc.)
4. Site Development Plan and/or Vicinity Map signed by
registered professionals
5. Project/Plan Layout signed by registered professionals
6. Schematic Diagram of Wastewater Treatment facility
7. Schematic Diagram of air Pollution Control Facility
8. Organizational Chart of in charge on environmental concerns
9. Proof of Authority over the project site (land title, lease
contract, deed of absolute sale, etc.)
10. Affidavit of No Complaint (issued by proponent and must be
notarized)
11. Bank receipt
PROJECT
DESCRIPTION
EMP
IEE Checklist Sworn Statement
Organizational Chart
Affidavit of No Complaint
PROOF OF AUTHORITY OVER THE AREA
Proof of Compatibility of the Project to the
Land Use of the Area
Topographic Map of Impact Areas
Certificate of
Non-Coverage

(CNC)
CERTIFICATE OF NON-
COVERAGE (CNC)
A certification issued by the EMB
certifying that based on the submit
project description the project is not
covered by the EIS System and is
not required to secure an ECC.
DAO 2003-30 IRR of PD 1586
CERTIFICATE OF NON-
COVERAGE (CNC)
• Not mandatory (the proponent may or may not
secure a CNC)
• The issuance of ECC or CNC for a project
under the EIS System does not exempt the
proponent from securing other government
permits and clearances as required by other
laws.

DAO 2003-30 IRR of PD 1586

Category
Category D
C
EMB Central
EMB Office
Region
CNC On-line
Manual

CNC
 CATEGORY C PROJECTS

• Also known as Environmental

Enhancement Projects
• intended to directly enhance
environmental quality or address
existing environmental problems
• not falling under Category A or B
CATEGORY D PROJECTS

• Projects unlikely to cause

adverse environmental
impacts
Certificate of
Non-Coverage

(CNC) On-line
 Sample Projects
for CNC On-line
• Roads, new construction ≤ 2 km
• Roads widening, rehab/improvement ≤50%
increase in capacity (or in terms of length/width) but ≤ 2 km increase
in length
• Bridges and Viaducts ≤50m Regardless of length for
footbridges or for pedestrian only
• Bridges and Viaducts Rehabilitation ≤50%
increase in capacity (or in terms of length/width) but ≤ 2 km increase
in length
• Buildings ≤1 ha
 Requirements
for CNC On-line
Copy of Site Development Plan
signed by registered professionals

Copy of Government issued ID

Copy of Teller Validated Bank

Receipt
Simplified Steps
for CNC On-line
• Apply for CNC On-LINE
1

• Pays to any Landbank Branch

2

• Update Payment & wait for 7 days

3

• Print approved CNC

4
Certificate of
Non-Coverage

(CNC) for
Category C
 CATEGORY C PROJECT
EXAMPLES
• Riprap
• Sea Wall
• River Wall
• Slope Protection
• Drainage System / Canals
• Gabions
• Box Culvert (not a road component)
CATEGORY C – CNC PROCESSING
REQUIREMENTS
(Regional Level)

• CNC 1-Page application Form

• Vicinity Map
• Site Development Plan
• Php 600 Processing Fee
Thank You
for
CONTACT DETAILS

E-mail: eia.embr6@gmail.com
Telephone No/s. :
(033)300-1135 ; (033)509-9133
Cel Nos.
0906-5585-769 ; 0930-643-8697