You are on page 1of 37

UNIVERSITY OF SANTO TOMAS

College of Architecture

Environmental Impact Assessment in the Philippines

EnviArch SP2: Ecological Construction

Legal Background
The 1987 Philippine Constitution
The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. - Article II, Section 16

PD 1151 (1977): Philippine Environmental Policy


Required sponsors of all government and private projects affecting the quality of the environment to prepare an assessment of the projects environmental impacts urgent need to formulate an intensive, integrated program of environmental protection that will bring about a concerted effort towards the protection of the entire spectrum of the environment through a requirement of environmental impact assessments and statements. 3rd Whereas Clause of P.D. 1151

PD 1152 (1977): Philippine Environmental Code Required all land use management regulating or enforcing agencies to consider significant environmental impacts, as well as other aspects of locating industries.

PD 1586 (1978): Philippine EIA System


Establishing an Environmental Impact Statement System including Other Environmental Management related Measures and for Other Purposes Centralized the EIS System under the (then) National Environmental Protection Council (NEPC), and authorized the President and the NEPC to proclaim projects and activities subject to the EIS system; placed the Pollution Adjudication Board (PAB) (created by PD 984) under NEPC

(1979)IRR-PD 1586
Defined the parameters for EIS; established penalty structures for non-compliance; created the EIA review committee; set the procedures for implementing the EIS system; provided for exempt-ions, & established procedures for public hearings related to an EIS.

(1981) PP 2146 ECAs and ECPs


Proclaimed certain areas and types of projects as environmentally critical (ECAs & ECPs) and within the scope of the EIS system

(1983) NEPC Office Circular No. 3


Provided a technical definition and scope for environmentally critical projects and areas

(1984) Revision of IRR-PD 1586


Limited the EIS to ECPs; set the requirements for ECAs; established fee structures & compliance monitoring system; called for closure of ECPs operating without ECC; authorized the NEPC to cancel an ECC for grantees violations of conditions or other standards & rules and regulations

ECAs Environmentally Critical Areas ECPs Environmentally Critical Projects

(1987) EO 192 DENR Reorganization


Established the central & regional structure of DENR, including EMB; abolished the NEPC & transferred its powers & functions to EMB; PAB placed under the administrative jurisdiction of DENR EMB Environmental Management Bureau

(1992) DENR DAO 21 Amending IRR-PD1586


Decentralized certain EIA functions to DENR regional offices; defined the need for public hearings; established the concept of multisectoral monitoring team and Environmental Guarantee Fund. (1991-92) RA 7160; IRR Local Government Code
Transferred certain environmental functions to LGUs and provided for the position of ENROs in provinces, cities and municipalities.
DAO Department Administrative Order

(1992) DENR DAO 30 Amending IRR-PD1586


Assigned to LGUs the functions of issuing ECCs and adjudicating cases involving environmental complaints against small projects and businesses.

(1996) DENR DAO 37


Set the operational details on implementing the EIS system

Set the legal basis for DENRs administrative and technical actions to respond to issues emerging from the implementation of DAO 96-37 DENR Environmental Management Bureau released in 2007 the Revised Procedural Manual containing more detailed guidelines and procedures in implementing the Philippine EIS system.

The Philippine Environmental Impact Statement System

EIA Stages
1. Screening
Determines if a project is covered or not covered by the PEISS. If a project is covered, screening further determines what document type the 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. 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. 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, 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 IEEbased applications. 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). 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.

2. Scoping 3. EIA Study and Report Preparation 4. EIA Report Review and Evaluation

5. Decision Making 6. Monitoring, Validation and Evaluation

Project EIA Required No EIA

EIA Process Flowchart

EIA Study Scoping


P u b l i c i n v o l v e m e n t

EIA Study / Report Change Project Plan / Relocate Deny ECC Review and Evaluation of EIA Issue ECC

Secure necessary permits from other Gas and LGUs Expansion / Project Modification Implementation Monitoring and Evaluation / Audit

Impact Categories
Land Water

Air

People

Stages of Development
Pre construction Construction Operation Abandonement

The EIA Process


Screening / Scope of Coverage
1. Determine if project or undertaking is covered: Characteristics of the Project or Undertaking Location of the Project Nature of the potential impact 2. Group Projects as: Group I (ECP in both ECAs and NECAs) Group II (NECPs in ECA) Group III (NECPS in NECAs) EIA not required

Project Sub-Categories
Group 1 A. Golf Course Projects a.1 Golf Course Projects / Complex B. Heavy Industries b.1 Iron and Steel Mills b.2 Non Ferrous Steel Industries b.3 Petroleum and Petrochemical Industries b.4 Smelting Plants C. Resource Extractive Industries c.1 Fishery Projects c.2 Forestry Projects c.3 Major Mining and Quarrying Projects D. Infrastructure Projects d.1 Major Dams d.2 Major Reclamation Projects d.3 Major Road and Bridges d.4 Major Power Plants Group 2 A. Heavy Industries a.1 Iron and Steel Mills a.2 Non Ferrous Metal Industries a.3 Petroleum and Petrochemical Industries a.4 Smelting Plants B. Resource Extractive b.1 Fishery Projects b.2 Forestry Projects b.3 Minor Mining and Quarrying Projects C. Infrastructure Industries c.1 Minor Dams c.2 Minor Powerplants c.3 Minor Reclamation Projects c.4 Minor Roads and Bridges c.5 Other Powerplants (not listed in Proclamation no. 2146)

Project Sub-Categories
Group 2 (cont.) D. Agriculture Industry d.1 Agricultural Plantation d.2 Agricultural Processing Facilities d.3 Cut-flower industry / Projects d.4 Livestock Production E. Building, Storage Facilities and other Structures e.1 Cemetery e.2 Commercial (mixed use) e.3 Commercial (office space) e.4 Facilities for Barangay Micro Business Enterprise e.5 Family Dwellings e.6 Funeral Parlors e.7 Institutional and other Related Facilities e.8 Institutional and other Related Structures with Laboratory Facilities e.9 Motels, Hotel and Apartelles F. Chemical Industries f.1 Manufacturing, processing and/or use of substances included in the Priority Chemical List f.2 Manufacture of explosives, propellants and industrial gases f.3 Manufacture of agri-chemicals and other industrial chemicals not in the PCL f4. Pharmaceutical industries and manufacture of soap and detergents, health and beauty products, and other consumer products.

Project Sub-Categories
Group 2 (cont.) f5. Surface coating industries (paints, pigments, varnishes, lacquers, anticapacity fouling coating, printing inks) G. Cottage Industries H. Demonstration and Pilot Projects I. Environmental Enhancement and Environmental Mitigation Projects i1. Artificial Reef i2. Pollution control devices or facilities required under the ECC condition/s of the main project/s covered under Groups I or II. i3. Pollution control devices or similar facilities intended to prevent emissions and/or discharges beyond allowable limits i4. Preventive or proactive measures against potential natural hazards i5. Reforestation projects

J. Food and Related Industries


j1. Animal products processing (fish/meat processing, canning, slaughterhouses, etc.) j2. Coconut processing plants (including production of coconut based products) j3. Distillation and Fermentation Plants (e.g. bio-ethanol project) j4. Food preservation (e.g., drying, freezing) and other methods aside from canning j5. Fruit and vegetable processing j6. Leather and related industries

Project Sub-Categories
Group 2 (cont.) j7. Other types of food (and other food byproducts, additives, etc. processing industries j8. Processing of dairy products j9. Sugar Mills

R. Waste Management Projects


r1. Compost/fertilizer making r2. Domestic wastewater treatment facility r3. Hazardous waste treatment, recycling, and/or disposal facilities (for recycling of lead, see details in Group I Heavy Industries) Group 3 (NECPS in NECAs) EIA not required

O. Tourism Industry
o1. Resorts and other tourism/leisure projects

P. Transport Terminal Facilities


p1. Airports p2. Land transport terminal (for buses, jeepneys and other modes of transportation) p3. Sea port, causeways, and harbors Q. Treasure Hunting Projects in NIPAS

Project Sub-Categories
Group 4 Group 5

Co-located Projects in either ECA or NECA


A co-located project is a group of single projects, under one or more proponents/locators, which are located in a contiguous area and managed by one administrator, who is also the ECC applicant.

Unclassified Projects
These are the projects not listed in any of the groups, e.g. projects using new processes/technologies with uncertain impacts. This is an interim category unclassified projects will eventually be classified into their appropriate groups after EMB evaluation.

Categorization Matrix
Projects or Undertakings 1. Buildings and other structures Family dwellings/apartment type EIS: >= 25,000 square meters (gross/total floor area including parking and other areas) IEE: >= 10,000 square meters but < 25,000 square meters (gross/total floor area including parking and other areas) Regardless of area Category A B D CNC

Motels, Hotels, Condominium/Apartelles (residential) Commercial, [business centers with residential units (mixed use), malls, supermarkets]

< 10,000 square meters (gross/total floor area including parking and other areas) OR Kiosk type or mobile fastfood

IEE Initial Environmental Examination CNC Certificate of Non - Coverage

Projects or Undertakings

Category A B EIS: >= 50,000 square meters (gross/total floor area including parking and other areas) D CNC

Commercial [office spaces only] Institutional and other related facilities: religious, government, and educational IEE: >= 15,000 square meters (gross/total floor area) but < 50,000 square meters (gross/total floor areaincluding parking and other areas)

< 2,000 square meters (gross/total floor area including parking and other areas)

Institutional and other structures with laboratories

Regardless of size or area EIS: tertiary hospitals or medical facilities IEE: secondary or primary hospitals or medical facilities >= 10,000.0 square meters (gross/total floor area) Clinics (out-patient, health centers, dental clinics) including rural health units < 10,000.0 square meters (gross/total floor area)

Institutional and other related facilities: medical facilities

Storage facilities, non-toxic/hazardous materials

Categorization Matrix
Projects or Undertakings Category A B EIS: >= 1,000 MT capacity IEE: < 1,000 MT capacity IEE: >= 10 hectares IEE Checklist: < 10 hectares < 5.0 hectares, OR funeral parlors, crematorium, columbarium D CNC

Storage facilities, toxic or hazardous materials

< 100 Kg capacity

Subdivision and housing projects, resettlement projects and other similar (horizontal ) land development projects

Cemetery, crematorium, etc.

>= 5.0 hectares

Environmentally Critical / Sensitive Areas


A. Areas declared by law as A1. national parks A2. watershed reserves A3. wildlife preserves A4. sanctuaries B. Areas set aside as aesthetic potential tourist spots C. Areas which constitute habitat for any endangered or threatened species of Philippine wildlife (flora and fauna). D. Areas of unique historic, archeological, geological, or scientific interests E. Areas which are traditionally occupied by cultural communities or tribes

Environmentally Critical / Sensitive Areas


F. Areas frequently visited and or hard-hit by natural calamities F1. geologic hazards F2. floods F3. typhoons F4. volcanic activities G. Areas with critical slope H. Areas classified as prime agricultural lands I. Recharged areas of aquifers J. Water bodies K. Mangrove Areas L. Coral Reefs

Scoping 1.Social Preparation / IEC of LGUs 2.Request for Scoping with EMB 3.Review Team Formation, Scheduling of Three Level Scoping Activity 4.Conduct of Three Level Scoping Activity
a. Project briefing meeting with review team b. Public scoping with community c. Technical scoping with review team

5. Final Approval of Scoping Checklist


IEC Information, Education and Communication

EIA Study and Report Preparation


THIS STEP IS WHOLLY WITHIN THE PROPONENTS CONTROL.
Proponent undertakes the EIA Study, with the assistance of its EIA Preparer Team. EIA Report Type and Contents Types
1. 2. 3. 4. 5. 6. 7. Environmental Impact Statement (EIS) Programmatic EIS (PEIS) Initial Environmental Examination Report (IEER) IEE Checklist (IEEC) Project Description Report (PDR) Environmental Performance Report and Management Plan (EPRMP) Programmatic EPRMP (PEPRMP) 1. 2. 3. 4.

Contents
Project Description Baseline Environmental Description Impact Assessment Environmental Management Plan

EIA Study and Report Preparation


Substantive Report Contents Project Description
Location, Scale, Duration, Rationale, Alternatives, phases, Components, Resource Requirements, Manpower Complement, Estimate of waste generation, Project Cost

Baseline Environmental Description


Land Water Air People

Impact Assessment
Significant environmental impacts in relation to: Pre-construction Construction Development Operation Decommissioning Taking into account cumulative, unavoidable and residual impacts;

Environmental Management Plan


Specifying the impacts mitigation plan, Areas of public information, education and communication, Social development program proposal, Environmental monitoring plans and the corresponding institutional and financial requirements/ arrangements.

EIA Report Contents


EIS Contents PROJECT FACT SHEET BASIC PROJECT INFORMATION DESCRIPTION OF THE PROJECTS EIA PROCESS PROJECT DESCRIPTION BASELINE ENVIRONMENTAL CONDITIONS, IMPACT ASSESSMENT AND MITIGATION ENVIRONMENTAL RISK ASSESSMENT (WHEN APPLICABLE) ENVIRONMENTAL MANAGEMENT PLAN

EIS Review Criteria / Checklist


a) that environmental considerations are integrated into the overall project planning, b) that the assessment is technically sound and proposed environmental mitigation measures are deemed effective, and c) that the EIS System procedures as required in this Revised Procedural Manual have been satisfactorily complied with, particularly the requirement that the EIA process is based on a timely, well informed and sectorally well represented public participation.

Public Hearing and Decision Making


Before the Hearing
1. Publication of a notice of public hearing 2. The proponent should ensure the attendance of stakeholders 3. The DENR shall conduct the public hearing with the assistance of the proponent and preparer 4. The proponent shall provide at least one (1) complete copy of the EIA Report to the EMB Office 5. The proponent shall also provide at least one copy of the EIA Report to each of the host municipalities and at least one copy of the Executive Summary to each of the host barangays 6. The proponent shall further provide copies of Project Fact Sheet to the concerned EMB and host LGUs

Matters to be Discussed
1. The proponent, especially their responsibilities to the community 2. The project, including its elements or components, its implementation and related development 3. The elements and features of the environment likely to be affected by the project; 4. The impact, as identified and assessed; 5. The option, as studied and evaluated; 6. Monitoring, follow-up, enhancement, and mitigating measures; 7. Negotiated settlements or compensations 8. Assurances and guarantees for compliance to the environmental management plan

Environmental Management Plan


Contents of the Environmental Management Plan
1. 2. 3. 4. 5. Impacts Management Plan Social Development Framework IEC Framework Emergency Response Policy and Generic Guidelines Abandonment /Decommissioning /Rehabilitation Policies and Generic Guidelines 6. Environmental Monitoring Plan 7. Institutional Plan for EMP Implementation

Monitoring, Validation and Evaluation


What should be monitored? 1. Project compliance with the conditions stipulated in the ECC and the EMP; 2. Proponents conduct of selfmonitoring 3. Complaints, and recommended measures to address the complaint 4. Preparation, integration and dissemination of simplified validation reports to community stakeholders Who should monitor? Project Proponent/Company Multi-partite Monitoring Team Environmental Management Bureau

MVE Schemes 1. Compliance Monitoring 2. Field Validation 3. Effectiveness of Environmental Management Measures

References
Go, Mervin D. (2008). Environmental Impact Assessment: A System Comparison between the Philippines, India and South Africa. Malayang III, Ben S. (2005). The Philippines Environmental Impact Assessment System: Notes on its History, Current Issues and Prospects. Tio, Jacob S. (2008). The Philippine EIS System. DENR-EMB MC 2007-002. Revised Procedural Manual for DENR Administrative Order No. 30, Series of 2003 (DA0 03-30).