DREAMQUEST CONSULTING AND

TRAINING SERVICES

✓ YOUR TRAINER: EnP Arnold B. Fonollera Phd

Presidential Decree 1586 of 1978

Philippine Environmental Impact Statement System
Environmental Impact Assessment Law
 Your partner
EnP ARNOLD B. FONOLLERA, PhD
• A licensed Environmental Planner with a PhD in
Environmental Studies with 16 years experience in
various capacities as consultant in solid waste
management, river ecotourism & environmental
impact assessment.
• Associate Professor of Environmental Science and
Biology in De La Salle University-Dasmarinas for more
than 25 years of professorial service to the Lasallian
Institution.
• Past Director of the Solid Waste Management
Association of the Philippines
• Past Director of the Pollution Control Association of
the Philippines Inc.-Region 4A.
 Basic Training and Refresher Course
for Pollution Control Officers
Environmental Impact
Assessment in the
Philippines
Presidential Decree 1586 of 1978
PEISS
Philippine Environmental Impact Statement System
DENR Administrative Order No. 2003-30:
Implementing Rules & Regulations (IRR) for
the Philippine Environmental Impact
Statement (EIS) System

EnP ARNOLD B. FONOLLERA, PhD

 Expected Training Outcomes

After this training module, the PCO is

expected to be:
✓ Knowledgeable in the concepts and
application of the principles of EIA in the
workplace
✓ Familiar with the EIA Process
✓ Updated with the latest enabling laws
relevant to the PEISS
 TOPIC OUTLINE

1. History and Introduction

2. Salient Features of PD 1586
3. Attributes of EIA, EIS, ECC and CNC
4. Enabling Laws in the PEISS

Most Basic Questions from a new PCO.

What is the ECC? What is the
purpose of the ECC for the company?
How was the ECC acquired by the owner?
Is the ECC required in all projects and
undertakings?
 Historical Rationale of EIA

• In 1956, as a result of rapid economic growth

and without due consideration to the
environment, Japan learned a bitter lesson
when it experienced serious pollution-related
health damage in the Minamata Incident.
• Soon after in 1962, Silent Spring, an
environmental novel by Rachel Carson
spurred the public’s awareness on the
adverse environmental effects caused by
the indiscriminate use of pesticides.
The Love Canal Disaster
 Birth of EIA and
adoption by the Philippines

❑ These events spurred the rise of environmental movements

against the serious environmental effects of human activities
which were inadequately controlled by existing planning
regulations and pollution control measures.
❑ Formally implemented in the USA in 1969
❑ Adopted by the Philippines in 1978
 Legal Roots of the EIA
• PD 1151 Philippine Environmental Policy
(1977)
National policy requiring all sponsors of government and
private projects significantly affecting the quality of the
environment to prepare an assessment of the project’s
impacts.
• PD 1586 Philippine Environmental Impact Statement System

Sec. 4 states that: No person, partnership or corporation shall

undertake or operate such declared environmentally critical
project or area without first securing an Environmental
Compliance Certificate
 PD 1151 Phil. Environmental Policy

Parties of interest:
❑ ALL agencies & instrumentalities of the national government
❑ Government-owned & controlled corporations
❑ Private corporations, firms, and entities

Duties and obligations:

❑ To prepare, file, & include in EVERY action, project or
undertaking which SIGNIFICANTLY AFFECTS the environment a
detailed statement (Environmental Impact Statement)
 EMB MANDATES
A line Bureau by virtue of Sec. 34 of the Philippine Clean
Air Act of 1999 (or RA 8749) and mandated to implement
on a nationwide scale the said Act and other
environmental laws to wit:
1.RA 8749 (Clean Air Act of 1999)
2.RA 9275 (Philippine Clean Water Act)
3.PD 1586 (Environmental Impact
Statement System)
4.RA 6969 (Toxic Substances and
Hazardous Waste Control Act)
5.RA 9003 (Ecological Solid Waste
Management Act)
 Ano QA mo? #1
Which is a methodology for data collection
and analysis?
a) EIA b) EIS c) ECC

Answer:
EIA
 Ano QA mo? # 2
Which is the project proponent’s overall report
that is submitted to the DENR-EMB for review
and approval?
a) EMP b) EIS c) ECC

Answer:
EIS
 Ano QA mo? # 3
Which is the document issued by the DENR-EMB to the
project proponent for properly documenting the project
site’s environmental conditions and expressing its
commitment for its protection?

a) EMP b) ECC c) ECP

Answer:
ECC
 Key Systems-Oriented Operating Principles
of the Philippine EIA System
❑Assess the direct and indirect
impacts and that these impacts
are mitigated.
❑Aids proponents and stakeholders
in incorporating environmental
considerations in planning
❑Timely and accurate disclosure of
all relevant, information and data
❑Timelines are applied to processes
and actions within the DENR-
EMB’s control.
 The EIA Process and
The Feasibility Study (to go or not to go)
What are Stages of the PEISS

Audition

Terms of Reference

Field Work & Write-up

Submission & Review

Approve / Deny
 EIA
Process
Flow
 What is SCREENING?

• Generally done to determine whether a

project would require an ECC or not
(CNC).
• Criteria for Determining Projects or
Undertakings Covered by the EIS
System:
❑Characteristics of the project or
undertaking
❑Location of the Project
❑Nature of the potential impact
 a) Characteristics of the Project or Undertaking

❑Size of the project

❑Cumulative nature of impacts vis-à-
vis other projects
❑Use of natural resources
❑Generation of waste and
environment-related nuisance
❑Environment-related hazards and
risk of accidents
 b) Location of the Project

❑ Vulnerability of the project area to

disturbances due to its ecological
importance, endangered or protected
status
❑ Conformity of the proposed project to
existing land use, based on approved
zoning or on national laws and
regulations
❑ Relative abundance, quality and
regenerative capacity of natural
resources in the area, including the
impact absorptive capacity of the
environment
 c. Nature of the potential impact

❑Geographic extent of the impact and size of affected

population
❑Magnitude and complexity of the impact
❑Likelihood, duration, frequency, and reversibility of
the impact
 PD 1586 Philippine Environmental
Impact Statement System (PEISS)

• Introduced the following concepts of projects requiring

the submission of an Environmental Impact Statement
(EIS)
❑Environmentally Critical Projects (ECP) and,
❑projects within Environmentally Critical Areas (ECA)
 Presidential Proclamation (PP) 2146

PEISS Coverage Technical Description

❑Environmentally Critical Project (ECP) or
❑Projects Located in ECAs
 Screening Environmentally Critical PROJECTS
(ECP)
✓ Heavy Industries
❑ Non-ferrous metal industry
❑ Iron and steel mills
❑ Petroleum and petrochemical industries
❑ Smelting plants
✓ Resource Extractive Industries
❑ Mining & Quarrying
❑ Forestry projects
❑ Dikes for/and Fishpond development
✓ Infrastructure Projects
❑ Dams
❑ Powerplants
❑ Reclamation projects
❑ Roads & bridges
✓ – Golf Course Project
 Screening Environmentally Critical Areas
(ECA)
Categories Jurisdiction
❑ All areas declared by law as national ❑ Registry of NIPAS,
parks, watershed reserves, wildlife BMB, BFAR, LGU
preserves, & sanctuaries
❑ Areas set aside as aesthetic ❑ BMB, DOT, TIEZA, LGU
potential tourist spots
❑ Areas which constitute the habitat ❑ Registry of KBA, BMB,
for any endangered or threatened BFAR, LGU
species of indigenous Philippine
wildlife (flora or fauna)
❑ Areas of unique historic, ❑ NHCP, MGB, LGU
archeological, or scientific interests
 Screening Environmentally Critical Areas

Categories Jurisdiction
❑ Areas which are traditionally ❑ NCIP, DENR
occupied by cultural communities or
tribes
❑ Areas frequently visited and/or ❑ PAGASA, PHIVOLCS,
hard-hit by natural calamities, MGB
geologic hazards, floods, typhoons,
volcanic activity, etc.
❑ Areas with critical slopes ❑ NAMRIA
❑ Areas classified as prime agricultural ❑ NIA, BSWM, DA
lands
❑ Recharged areas of aquifers ❑ DOE, NWRB
 Screening Environmentally Critical AREAS
(ECA)
Direct supervision under DENR
❑Water bodies (tapped for domestic
purposes, within protected areas;
which support wildlife and fishery
activities)
❑Mangrove areas (primary and pristine,
adjoining mouth of major river
systems, natural buffers etc.)
❑Coral reefs (50% and above, spawning
and nursery, act as natural breakwater
of coastlines)
 Categorization of Projects

❑Category A - projects or undertakings classified as ECPs

under P.P. 2146 (1981) and P.P. 803 (1996), and any
other projects declared as such by the President of the
Philippines. Projects implemented after 1982 onwards
shall require an ECC.
❑Category B – projects or undertakings which are not
ECPs under Category A, but located in ECAs as declared
under P.P. 2146 and based on the technical description
of PP 2146
Do not confuse Screening Category
with PCO Categorization!
 Categorization of Projects

❑Category C – projects or undertakings not falling under

Category A or B which are intended to directly enhance
the quality of the environment or directly address
existing environmental problems.
❑Category D – projects or undertakings that are unlikely
to cause significant adverse impacts on the environment
according to the Screening Guidelines. Thus, they are
not required to secure an ECC. However, it shall not be
construed as an exemption from compliance with other
environmental laws and government permitting
requirements
Application of Categories
 Mag FAQ tayo?
❑ I’m in the used oil recycling
business and my daily production
output is 500 liters?
❑ Base sa PP2146 Technical
Description, ang project ko ay
classified as ECP, which requires an
ECC, pero yung production output
naman ng project ko maliit?
❑ Di ba parang unfair that I will be
required to secure an ECC in the
same manner as with another
recycling company which has a
daily production output of >10
metric tons?
 Ano ba talaga kuya ang dapat?
❑ From 1978 – 2014 – It took 36 years to
resolve the issues and confusions
❑ Many calculations were done on a piecemeal
basis to resolve many application issues, until
finally, the DENR-EMB promulgated:
❑EMB MC 2014-05 Revised
Guidelines for Coverage
Screening & Standardized
Requirements
 Annex A: Screening Coverage &
Categorization based on Project Thresholds
Project Thresholds for Screening Coverage and
Categorization
Project Thresholds for Screening Coverage and
Categorization
Project Thresholds for Screening Coverage and
Categorization
Project Thresholds for Screening Coverage and
Categorization
Project Thresholds for Screening Coverage and
Categorization
Project Thresholds for Screening Coverage and
Categorization

Updated thru
EMB MC 2020-23
Project Thresholds for Screening Coverage and
Categorization
Project Thresholds for Screening Coverage and
Categorization
Project Thresholds for Screening Coverage and
Categorization

Updated thru EMB MC 202206-

Project Thresholds for Screening Coverage and
Categorization
 Mag FAQ ulit tayo!
❑Paano kung balak ng company
ko na magupgrade/ modify/
expand ng project size or
output? Applicable pa ba ang
ECC ng company ko?
❑Paano kung nagdownscale ako?
❑Paano na Kuya?
 Mag FAQ ulit tayo!
❑Ano ba yung EIS? Ano ba ang nilalaman
nito?
❑Ano ba yung IEE checklist? At ano ang
pagkakaiba niya sa EIS?
❑Ano ba yung Project Description? At
ano ba ang pagkakaiba niya sa EIS at
IEE?
❑Sana oyl, Project Description na lang!
 Eto ang EIS DOCUMENT
The Environmental Impact Statement (EIS) is
a detailed statement of the following:
❑ 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 use of the
resources of the environment are CONSISTENT
with the maintenance & 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 & COMMITMENT
are WARRANTED
 Table of Contents of the EIS
The EIS REPORT should contain at least the following:
❑ EIS Executive Summary;
❑ Project Description;
❑ Matrix of the scoping agreement identifying critical issues and
concerns, as validated by EMB;
❑ Baseline environmental conditions focusing on the sectors (and
resources) most significantly affected by the proposed action;
❑ Impact assessment focused on significant environmental impacts
in relation to:
❑ project construction/commissioning
❑ operation and
❑ decommissioning, taking into account cumulative impacts;
 EIS Report Contents…
❑ Environmental Risk Assessment if determined by EMB as
necessary during scoping;
❑ Environmental Management Program/Plan;
❑ Supporting documents, including
❑ technical/socio-economic data used/generated
❑ certificate of zoning viability
❑ municipal land use plan
❑ proof of consultation with stakeholders
❑ Proposals for Environmental Monitoring and Guarantee
Funds including justification of amount, when required;
❑ Accountability statement of EIA consultants and the project
proponent; and
❑ Other clearances and documents that may be determined
and agreed upon during scoping.
 IEE Report and Checklist
INITIAL ENVIRONMENTAL EXAMINATION
❑ Initial Environmental Examination (IEE)
Report - document similar to an EIS, but with
reduced details & depth of assessment &
discussion.
❑ Initial Environmental Examination (IEE)
Checklist Report – simplified checklist
version of an IEE Report, prescribed by the
DENR, to be filled up by a proponent to
identify & assess a project’s environmental
impacts & the mitigation/ enhancement
measures to address such impacts.
 EMB MC 2015-008:
Implementation of Online Processing of ECC Applications for Cat.
B Projects requiring IEE Checklist Report Forms under the PEISS
 Table of Contents of the
Project Description
The PD shall contain the following:
❑ Description of the project;
❑ Location and area covered;
❑ Capitalization and manpower requirement;
❑ For process industries, a listing of raw materials to be used,
description of the process or manufacturing technology, type and
volume of products and discharges:
❑ For Category C projects, a detailed description on how
environmental efficiency and overall performance improvement
will be attained, or how an existing environmental problem will be
effectively solved or mitigated by the project, and
❑ A detailed location map of the impacted site showing relevant
features (e.g. slope, topography, human settlements).
❑ Timelines for construction and commissioning
 ECC/ CNC
APPLICATION

The Owner of the Company assigned

me to apply for an ECC or CNC for
the company.
What are the procedures that I have
to accomplish?
 EMB MC 2015-003 (superseded)
Implementation of Online Processing of CNC
applications for Cat. D Projects under the PEISS
 Online Coverage Screening
for EIA/CNC Application
Search: EMB EIA CNC Online Application System
Enhanced CNC Online Application Procedures

1. Log-on to the EMB website to determine if the

proposed project falls under Cat.D;
2. Locate the project type from the list and
provide the size of the proposed project, and
fill up basic screening questions;
3. Fill-up the project and contact information
and copy paste the validation code received
thru email;
4. Download the generated Order of Payment
and pay the corresponding application fee
thru Landbank’s internet-based facility
(Link.BizProtal) or OTC at the nearest
Landbank branch;
5. Upload the proof of payment together with supporting
documents indicated in the Order of Payment to the
CNC Online Application System. Supporting
documents shall include the following:
✓ Valid Government ID of the Proponent (i.e. SSS, TIN,
Passport)
✓ Notarized Accountability Statement of the Proponent
✓ Recent photos of project area taken within 15 days from
filing
✓ Site Development Plan
✓ PAMB Clearance (only for project within NIPAS)
6. Download the Certificate of Non-Coverage
Authenticity of the CNC issued

• The Proponent can verify the validity

of the CNC issued thru the QR Code
embedded in the CNC. Once
scanned, you will be redirected to the
EMB website.
• The CNC shall not serve as proof of
rightful ownership or title to the
property.
IEE Online Application System
 ECC Manual Application
STEP 1
• Proponent must submit a Letter of
Request to the EMB stating desire to
secure ECC
 STEP 2
❑ A Project Description must be attached,
which should include:
❑ raw materials be used
❑ process or manufacturing technology to
be implemented.
❑ Submit the project’s characteristics:
❑ estimated project capacity
❑ type of project
❑ volume of products
❑ discharges.
❑ Proof of possession of necessary capital
for proposed project:
❑ Location map of project area.
❑ Manpower requirements.
 STEP 3: SUBMIT REQUIRED DOCUMENTS
EMB MC 2015-05 Section 2: Standardized Requirements

❑All ECC Applications shall be filed according to what is

required:
❑EIA Report in the form of EIS
❑IEE Report
❑EPRMP (single projects already operating w/o ECCs for
Cat. A-3).
❑Programmatic EIS or Programmatic EPRMP (for co-
located projects)
 Reminder: DENR-EMB Participation

❑DENR employees are prohibited from

taking part in the preparation of
documents.
❑Requests by the DENR-EMB to the
project proponent for additional
information shall be limited to TWO
official request:
❑Requests should be in writing
❑Requests should be made within
the first 75% of the processing
timeframe
 Mag FAQ ulit tayo!
❑Ano ba yung EPRMP?
❑Ano ba yung Programmatic EIS?
❑Ano ba yung Programmatic
EPRMP?
❑Ano situation sila kinakailangan?
 EMB MC 2014-005 Summary of Documentary
Requirements for Deciding Authority based on
category, type and project status
The general answer for these questions relate to whether
you are applying an ECC or a related document for:

❑a NEW PROJECT (EIS) vs CHANGES (EPRMP) in your

EXISTING PROJECT
❑a SINGLE PROJECT (Basic) vs CO-LOCATED PROJECT
(Programmatic) Industrial Estates or Export Processing
Zones
❑a PROJECT that is OPERATING BEFORE the EIA LAW
(1982)
• The issuance of the ECC or CNC shall not exempt the
proponent from securing other government permits and
clearances required by other laws, or be used to resolve
issues within the mandate of other government
agencies.
 Eto ang PEIS
Programmatic Environmental Impact Statement

• Programmatic ENVIRONMENTAL IMPACT STATEMENT

(PEIS) - documentation of comprehensive studies on
environmental baseline conditions of a contiguous area.
(adjoining)
• It also includes an assessment of the carrying capacity of
the area to absorb impacts from co-located projects
such as those in industrial estates or economic zones
(ecozones).
 Table of Contents of the PERMP

a) Project Description of the co-located projects;

b) Documentation of the ACTUAL ENVIRONMENTAL
PERFORMANCE BASED ON CURRENT/PAST
ENVIRONMENTAL MANAGEMENT MEASURES
IMPLEMENTED, and
c) An EMP based on an environmental management
system framework and standard set by EMB.
 EPRMP
Environmental Performance Report & Management Plan

“Philippine laws have no retroactive effect,

for it is said that the law looks to the future”
❑ Document required for CHANGES IN
AN EXISTING PROJECT WITH
MONITORING DATA
❑ a documentation of the ACTUAL
CUMULATIVE ENVIRONMENTAL
IMPACTS & EFFECTIVENESS OF
CURRENT MEASURES for single
projects that are already operating
but without ECC’s for Category A-3.
❑ For Category B-3 projects, a checklist
form of the EPRMP would suffice.
 Composition of the EPRMP

EPR + MP
Historical Performance + Proposed Management Plan for
the Changes
 Table of Contents of the EPRMP
❑Project Description;
❑Baseline conditions for critical environmental
parameters;
❑Documentation of the ENVIRONMENTAL PERFORMANCE
BASED ON THE CURRENT/PAST ENVIRONMENTAL
MANAGEMENT MEASURES IMPLEMENTED;
❑Detailed comparative description of the proposed
project expansion and/or process modification with the
present corresponding material and energy balances in
the case of process industries, and
❑EMP based on an environmental management system
framework and standard set by EMB.
 At eto naman ang
Programmatic Environmental Performance Report &
Management Plan (PEPRMP).
❑Programmatic ENVIRONMENTAL
PERFORMANCE REPORT AND
MANAGEMENT PLAN (PEPRMP) -
documentation of actual cumulative
environmental impacts of co-located
projects with proposals for expansion.
❑The PEPRMP should also describe the
effectiveness of current environmental
mitigation measures and plans for
performance improvement.
“cumulative” - increasing or increased in quantity, degree, or
force by SUCCESSIVE additions.
 OTHER EQUIVALENT REPORTS
EMS-based EMP
• The EMS-based EMP (ISO
14001) is an option that
proponents may
undertake in lieu of the
EPRMP for single projects
applying for ECC under
Category A-3 and B-3.
 Minor amendments

❑typographical error
❑extension of deadlines for submission of post ECC
requirements
❑Change in company name/ownership
❑Decrease in land/project area or production capacity
 Transfer of Ownership in the ECC
Ano po ang advisable gawin para sa ECC ng
itatayong business kapag yung dating
business on the same site ay may dati na
pong ECC? Same business pero change name
ang change management po.
❑ Apply for ECC Amendment at EMB regional
office for change of name. Show proof of
ownership (deed of absolute sale, SEC of
new owner, business permit, process flow
and capacity (if mfg) etc).
❑ New company should have its own
accredited Managing Head and PCO.
 Major amendments/ New ECC

❑Expansion of project area

❑Increase in production capacity
❑Changes in process flow
❑Addition of new products
❑Revision/reformatting of ECC Conditions.
❑Integration of ECC for similar project but contiguous
projects.

Refer to: EMB MC-2014-005 Annex Project

Threshold for Categorization Purposes
 Steps in the EIA Review
Process

Sa wakas nasubmit at naaccept

na rin ang aming EIS Report for
review and approval!
 STEP 1
• Submit Application Letter together with the
EIS Report to the EMB Board for EIS Review
 STEP 2

• EIS Report is reviewed by DENR/EMB. If required,

project is presented directly to board at their discretion.
 STEP 3

Site inspection
 STEP 4
Approval is issued during EMB meeting if all requirements
are satisfied and it appears no serious environmental
damage shall result from the project.
STEP 5
 General Criteria and Bases
for EIA Report Review by DENR-EMB

❑ That environmental considerations are integrated into the overall

project planning,
❑ That the assessment is technically sound and the proposed
environmental mitigation measures are effective and doable, and
❑ That the EIA process is based on a timely, informed and meaningful
public and wide-ranged participation of potentially affected
individuals, groups and communities;
 Review Process Report
EIARC Report
❑ Review Process Report shall be prepared by
the EMB Central or EMB RO and forwarded
to the DENR Secretary or RD as reference for
decision-making.
❑ Review shall be based on striking balance
between socio-economic growth &
environmental protection based on
environmental and socio-economic criteria
❑ Primacy of jurisdiction of other gov’t
agencies shall respected & supported
❑ EIARC Report shall be prepared by the EIA
Review Committee and SIGNED BY ALL THE
MEMBERS WITHIN FIVE DAYS AFTER THE
FINAL REVIEW MEETING.
❑ In terms of review, the EMB shall complete EIA
review within 60 DAYS FROM THE TIME THE
EIS REPORT IS SUBMITTED BY THE
PROPONENT AND RECEIVED BY THE EMB.

❑ If no decision is made within the specified

timeframe, the ECC application is deemed
automatically approved and the APPROVING
AUTHORITY SHALL ISSUE THE ECC OR CNC
WITHIN FIVE (5) WORKING DAYS AFTER THE
PRESCRIBED PROCESSING TIMEFRAME HAS
LAPSED.

❑ However, the EMB may deny issuance of ECC if

the proponent fails to submit required
additional information critical to deciding on
the ECC/CNC application, despite written
request from EMB and despite an adequate
period for the proponent to comply with the
said requirement;
 EMB MC 2020-18: Adoption of DAO 2019-16
Streamlined Process for Build-Build-Build Projects

DPWH
DOTr
BCDA
Processing time of
20 working days
FINAL DECISION ON ECC APPLICATION
 ECC
A Decision Document
An official letter regarding the decision on the application either
in the form of an Environmental Compliance Certificate or a
Denial Letter.
The ECC shall:
❑ contain the scope and limitations of the approved activities
❑ conditions to ensure compliance with the Environmental
Management Plan.
❑ also specify the setting up of an EMF and EGF, if applicable.
❑ No ECC shall be released until the proponent has settled all
liabilities, fines and other obligations with DENR.
DENIAL LETTER - the bases for the decision shall be specified
 Environmental Compliance Certificate
❑ An ECC is a certificate issued by
DENR/Environmental Management Board EMB
after a positive review of the ECC application
which:
❑ certifies that based on the proponent, the
proposed project or undertaking will not cause
significant negative environmental impacts.
❑ contain specific measures and conditions that
must be met by the project proponent before
and during the operation of the project.
❑ Lists conditions to be performed even during
the project’s abandonment phase.
❑ also certify that the proponent has complied
with all the requirements of the EIS System
and has committed to implement its approved
Environmental Management Plan.
Project Implementation
 Validity of the ECC
❑ Once project is implemented, ECC
remains valid and active for the lifetime
of the project (unless otherwise
specified);
❑ The continued validity of the ECC is
sustained by the active commitments of
the Proponent to comply with ECC
conditions and with environmental
regulations
❑ New ECC is necessary if baseline
characteristics have significantly changed
that the impact assessment w/c based
on the current EMP is no longer
appropriate
Required Documents for ECC Extension
Procedures in Filing of Request for
ECC Extension Validity
ECC is not for Display purposes only
 Appeal to reconsider ECC
❑Any party aggrieved by the final decision on the ECC /
CNC applications may, within 15 days from receipt of
such decision, file an appeal on the following grounds:
❑Grave abuse of discretion on the part of the deciding
authority, or
❑Serious errors in the review findings.
❑The DENR may adopt alternative conflict/dispute
resolution procedures as a means to settle grievances
between proponents and aggrieved parties to avert
unnecessary legal action. Frivolous appeals shall not be
countenanced.
 MONITORING PROTOCOLS
Section 7: Procedural Manual - DAO 2003-30
 Compliance Monitoring Report
A standardized semi-annual ECC Compliance Monitoring Report,
prepared by a proponent, through its Environmental Unit/Officer
shall be submitted to the designated monitoring EMB office on a
SEMI-ANNUAL FREQUENCY;
CMR contains the report of Company performance at
three (3) levels
1. ECC conditions
2. Environmental Management Plan (EMP)
3. Performance against the monitoring of actual impacts
in the EIA and current project operations
 SELF MONITORING REPORT
Detailed report on compliance to environmental
standards specific to environmental laws shall be
submitted through SELF MONITORING REPORT as
required by DAO 2003-27 on a quarterly basis;
 COMPLIANCE MONITORING REPORT

❑The first CMR shall be submitted mid year after

the start of project implementation, except for
ECC commitments / conditions, which need to be
submitted prior to project start-up;

❑The proponent/company shall notify EMB on the

start up of project implementation
 Monitoring by Third Party Auditors
for Cat. B (non-ECP) Project

❑ Third party auditors are independent service providers that are

government-accredited companies commissioned by an
establishment to conduct an environmental audit.
❑ A proponent may opt to use the 3rd party as alternative to an MMT
if the project concerned is NOT CLASSIFIED AS CATEGORY A.
❑ Refer to the EMB MMT Manual of Parameters & Guidelines to
determine whether a 3rd party is a suitable alternative to an MMT
or not.

❑ Upon receipt of the ECC, a proponent shall prepare and submit a

letter-request to DENR-EMB to use the services of a 3rd party
auditor instead of establishing an MMT;
 EMB Protocols Implemented in
Compliance Monitoring
❑ Submission of ECC Self-Monitoring and
Quarterly Report (SMR, CMR)
❑ Validation by the EMB- Compliance
Evaluation Report (CER) of the monitoring
report.
❑ Adopt feedback mechanism to inform
proponent of the findings during
inspection;
❑ If with violations, a Technical Conference
will be called for by EMB with commitment
from the proponent to comply with the
regulations in a given grace period.
 Scope of Violations

1. Projects which are Established and/or

Operating without an ECC
2. Projects Violating ECC Conditions, EMP,
Rules and Regulations
3. Projects with or without ECC which pose
grave and/or irreparable danger to
environment, life and property.
 Misrepresentation
Misrepresentation of Documents:
• All attachments including proof of payment immediately after
approval shall be validated by the EMB RO concerned and further
field validated within 1 year from date of issuance.
• Any misrepresentation shall be subject to due process and may
result to a maximum fine of fifty thousand pesos (PhP 50,000) for
every proven misrepresentation.
• This is without prejudice to other EMB actions such as but not
limited to issuance of CDO, cancellation of issued CNC, etc.
• Should the proponent fail to pay the imposed fine upon finality of
the Order, the same shall be construed as a distinct violation
which shall be charged 50K for each day of non-compliance of the
Order.
• The proponent has the right to file for a Motion for
Reconsideration within 15 days from the receipt of the Order.
 FINES AND PENALTIES

PhP 50,000 – operating without ECC

PhP 50,000 – for every ECC violations
(with matrix for computation)
 EMB Policies Implemented in
Compliance Monitoring

❑ PD 1586 Violations of ECC conditions.

➢ Not more than P50,000.00 per violation.
❑ Issuance of NOV
➢ Without ECC – mandatory to resolve payment of penalty

Other violations:
❑Non-submission of PCO report;
❑Non-posting of permits;
❑Non-designation of PCO;
❑Failure to submit post ECC requirements, etc.
❑Noncompliance on the formation/creation of MMT
❑Exceedance of emission/effluent standards;
❑Transport of THWM without Transport Permit;
❑Discharge of emission/effluent resulted into pollution
and threat to public health and safety;
❑Negligence
Appeal to Notice of Violation

 Filing a MOTION FOR

RECONSIDERATION within 15
days of receipt of the case
decision documents.
Module 5 on Other ECC Conditions
FEEDMILL PLANT PROJECT
Environmental Management Plan
 Links for online application and
online submission of reports

1. ECC - https://ecconline.emb.gov.ph/live/Default.aspx
2. Hazardous waste id - https://hwms.emb.gov.ph/login
3. Discharge Permit – https://opms.emb.gov.ph/accounts/login/
4. Permit To Operate - https://opms.emb.gov.ph/accounts/login/
5. CMR - https://emb.gov.ph/online-submission/
6. SMR- http://iis.emb.gov.ph/smr/
 In closing… EIA is a proactive approach
• EIA study is carried out with the PROACTIVE APPROACH
rather reactive approach.
• It is conducted from the very beginning of the project that
is GOING TO BE implemented in a particular area.
• The outcomes of the study could be realized for the
SOUND ENVIRONMENTAL CONDITION of the project area, as
well as, the SUSTAINABILITY OF THE PROJECT itself.
• However, the EIA study should, itself, be CARRIED OUT
SINCERELY AND PROFESSIONALLY to achieve the
environmentally sound and sustainable for better
tomorrow.
• It upheld the very essence of sustainable development that
promotes development that meets the needs of the present
without compromising the ability of future generations to
meet their needs.
Respective websites for more
information
THANK YOU