Name: James T.

GONIDA (st109932) Final Report Assessment of EIA compliance and enforcement in the Philippines: case studies of Tamugan AB and Panigan Hydroelectric Plant project, and Use and Development of Tamugan River for water supply project INTRODUCTION The recognition of the importance of preserving and protecting the environment and that development projects, programs or policies may have significant effects on the environment has led many countries to enact legislations to ensure that the environment is protected and conserved. A very popular one that has been adopted is the environmental impact assessment (EIA), which is a process primarily aimed at integrating environmental issues in the planning and management of development projects. Following the footsteps of developed countries, many developing countries have developed their EIA system. This paper will try to assess the systems in these countries, specifically in the Philippines, and how EIA are applied in these two case studies. This paper also tries to explore how GIS can be used in improving the preparation of the EIA. ANALYSIS AND DISCUSSIONS The Philippine EIA System In the Philippines, the Environmental Impact Assessment (EIA) system was introduced in 1977 as the Philippine Environmental Policy (PD 1511). It requires that all agencies and instrumentalities of the national government, including governmentowned and controlled corporations, firms, and entities shall prepare, file and include in every action, project or undertaking that significantly affects the quality of the environment, an environmental impact statement. At present, it is being implemented by the Environmental Management Bureau (EMB) in the Department of Environment and Natural Resources (DENR). The bureau is responsible for evaluating system documents, such as initial environmental examination (IEE) and environmental impact statements (EIS). The IEE are evaluated by bureau staff and EISs are evaluated by an independent interdisciplinary EIA review committee (EIARC) that makes recommendation to the bureau director. For project requiring EIS (i.e. environmentally critical projects or some projects in environmentally critical areas), a public hearing may also be required; the independent EIARC recommends regarding the need for public hearing (Ross, 1994). The new requirement for an EIA made compulsory the consideration of long-term environmental effects together with short-term cost-benefit analysis in the overall planning and decision making of development projects. This EIA should be done early in the project planning process so that it can be a factor in the selection of the best available alternative to achieve a given desirable objective. The EIA identifies measures to mitigate probable adverse environmental effects and suggests parameters to be monitored to serve as an early warning system (Kintanar, 1986).

Environmental compliance certificates (ECC) are issued by the DENR for approved EIS or IEE, and only then that projects can proceed. Compliance monitoring is also implemented by the DENR to ensure compliance with the conditions of the ECC and with other environmental regulations. Failure to comply is grounds for revocation of the ECC (Ross, 1994). A multi-partite monitoring team (MMT), formed immediately after ECC has been issued, is tasked to undertake monitoring of projects pursuant to an EIS, while monitoring of projects pursuant to an IEE is undertaken by the concerned regional or local DENR office (Procedural Manual for DAO 96-37, 1996). Current Status of EIA Implementation In spite of its strengthened features, there is a mounting concern that the present EIA system in the Philippines is still not enough to combat the escalating deterioration of the environment. This is due to some deficiencies in the conduct of EIA and in the enforcement of relevant laws in this regard. One important observation in the Philippines is that the EIA or EIS system is seen mainly as a bureaucratic requirement needed to obtain project permit and licenses. It is not used effectively as a planning tool by either developers or by government agencies in project development (Ross, 1994). This is among the reasons EIAs are, in many cases, not conducted in the early stages of planning. Some are prepared when the feasibility studies are already completed (Abracosa and Ortolano, 1987). This only means that EIA has little, if there is, influence on planning and decision making. Another problem in the EIA system in the Philippines is political interference (Ross, 1994). Some politicians or senior government officials interfere in the review of EIS or IEE thereby harming the credibility of the system. Though decentralization of some responsibilities to the regions is being implemented, mainly compliance monitoring and review of IEE, devolving the task takes long time to implement due to lack of both competent government personnel and readily available expertise and resources at the national and local levels. The law itself did not create permanent career positions for EIA professionals in the government service (Villaluz, 2004). Public hearings and public consultations are haphazardly conducted and poorly presented due to time constraints and the lack of skills within government to handle social issue (Villaluz, 2004). The EIARC who calls for the necessity of holding public hearing has only 60 days from receipt of EIS to submission of recommendation (Procedural Manual for DAO 96-37, 1996). The EIA in the Philippines is mainly for considering project impacts on the environment. There is lacking considerations on effects of existing environmental conditions on project feasibility (Abracosa and Ortolano, 1987). This point is significant because environmental conditions in the area of the proposed project might threaten project feasibility.

The monitoring for the compliance of EIS is focused on the construction phase. Actual impacts are identified to provide basis for timely decision-making and effective planning and management of environmental measures. The EMB is conducting regular inspection to monitor operation of companies or industries whose activities might have impact on the environmental and subsequent actions are undertaken relevant to the outcome of inspection. There are, however, no evidences found that detail evaluation on the actual beneficiaries are undertaken when the projects are already in operation. CASE STUDIES Two on-going projects in Davao City, Philippines are being assessed by looking into the impacts of the projects to the environment. In this report, only the construction phase of both projects is taken into consideration. The pre-construction and operation phases are not included. Impact assessment of the two projects are compared and differentiated by looking into each component, the potential impact, and mitigation measures. Tamugan AB and Panigan Hydroelectric Plant Project, Davao City, Philippines The Tamugan AB and Panigan Hydroelectric Plant Project is a run-of-river (ROR) hydropower station and has a designed capacity of 7.5 MW and 20 MW, respectively. The project will involve tapping the headwaters of Panigan, Tamugan and diverted flows of the Talomo River, which are the major systems in Baguio and Calinan Districts. The components of the hydroelectric plant will include the following: weirs, diversion tunnel, conveyance line, desander, pondage, junction box, penstock, powerhouse, switchyard, transmission line and access road. The EIA study conducted is consistent with the Revised Procedural Manual for DAO 2003-30 (August 2007). The baseline gathering for both primary and secondary data, on the perceived impact areas and the proposed locations of the hydroelectric power plant facilities commenced in September 2006. Provided in Table 1 is the summary of the impact assessment and environmental management plan in the construction phase.
Table 1: Summary of Impact Assessment and Environmental Management Plan during Construction Phase (Hydropower project). Potential Phase/ Environmental Environm Aspect (Project ental Activity which Compone Options for Prevention or Mitigation Potential Impact will likely nt Likely or Enhancement impact tyhe to be environmental affected component) Construction Phase Construction of The Land Soil contamination due Enforcement of good housekeeping and project facilities to indiscriminate proper handling of equipment, oil and disposal of solid wastes fuel at all work sites; and potential oil Enforcement of solid waste management. spillage from Clearing of vegetation will be localized equipment; and minimized. Furthermore, most of the

The Water

Clearing of vegetation which will cause displacement of wildlife inhabiting the area Various wastes may find their way into the nearby waterways and will adversely affect water quality and freshwater biota. Soil excavation may enhance siltation of waterways.

wildlife species in the area are known to be adapted to disturbed habitats. Since the disturbance is localized and shortterm, displaced wildlife will move back to the area after some time. Proper housekeeping and environmental best practices in operations will be enforced

The Air

Increased emissions (e.g. NO2, SO2, TSP) and noise levels Employment opportunities

Employment

The People

Immediate slope stabilization, revegetation and landscaping will be carried out on the exposed areas after construction Proper maintenance of equipment that will run efficiently with minimal emissions will be required of the contractor Implementation of "local-first" hiring policy and training of locals

Source: Tamugan AB and Panigan Hydroelectric Plant Project : Initial Environmental Examination Report, 2008.

The Use and Development of Tamugan River as surface water source for water supply, Davao City, Philippines The environmental assessment conducted for this project was based on the scope of work included in the recommended development plan and the proposed location for the project by the following criteria: topography and elevation profile, constructability, easements, pipeline access, pipeline length, environmental impact and social acceptability, and net present value. Based on the project components in reference to the EIA Coverage and Requirements Screening Checklist (ECRSC) of the Revised Procedural Manual for DAO 2003-30, a complete Water Supply System falls under Group II (None-Environmentally Critical Projects in Environmentally Critical Areas). The project potential impact during operation phase is summarized in Table 2.
Table 2: Summary of Impact Assessment and Environmental Management Plan during Construction Phase (Water Supply Project). Environmental Degree of Impacts Nature Mitigation Aspects Impact A. LAND Topography and drainage Excavation and installation of water supply facilities will affect both the natural and man-made drainage Disturbance of river channel Negative Insignificant to minimal Appropriate construction methodologies will be employed; Appropriate location for water supply facilities will be considered during the design stage

Soil Erosion

Negative

Insignificant

Provide soil erosion/sedimentation control during construction

Environmental Aspects Flora and Fauna

Impacts Site clearing and other construction activities could affect flora and fauna

Nature Negative

Degree of Impact Minimal

Mitigation Appropriate location for water supply facilities will be used as considered during the design stage; limit the removal of vegetation/ animal habitat; secured the necessary permits from the concerned agency. Excavated materials will be utilized to cover the installed pipelines before pouring concrete or asphalt in the areas excavated. Portalets shall be provided to workers. The contractor or the project proponent shall be required to remove these construction wastes from the site. The entire site must be free of any construction solid wastes

Aesthetics

Waste Generation

Negative

Minimal

B. WATER Water Quality Soil and water contamination due to spillage of construction materials e.g. adhesives, concrete cement mixtures, paint, etc., due to sediments carried by surface run-off, and wastewater generated by workers. Interruption of water supply and possible contamination during the improvement/rehab ilitation of the existing system and connections of the new system to the existing system. C. AIR Air Quality, Noise and Vibration Nuisance due to noise, dust and vibration Negative Insignificant Employ appropriate construction methodology; regular maintenance of construction equipment Negative Insignificant Appropriate construction methodologies will be employed; Hazardous materials/spillage will be properly handled and disposed in accordance with RA6969.

Negative

Minimal to significant

Close monitoring of the volume, pressure and quality of treated drinking water

Environmental Aspects D. PEOPLE Vehicular traffic

Impacts

Nature

Degree of Impact

Mitigation

Construction activities could affect the flow of traffic

Negative

Minimal

Contractors should formulate and implement an approved Traffic Management Plan; the public should be well informed on the construction schedule particularly on access roads that will be affected. The contractor/ project proponent should post warning signs and pertinent advisories at strategic places to warn the public regarding potential hazards due to the project construction e.g. falling rocks/fragments. The project proponent or the contractor should also limit the depth and area of workspace. Regular removal of debris and other materials in the surrounding work area should be observed. It is also important to set-up temporary fence around active construction area/s. Workers should be provided with paraphernalia that will ensure their protection and safety. The project proponent should strictly follow the government regulations governing the implementation of occupational health hazard measures. Provide labor and engage local population in construction activities

Community hazards

Increased community hazards

Negative

Insignificant

Occupational health hazards

Accidents due to construction

Negative

Insignificant

Employment

Generation of employment

Positive

Significant

Source: Conduct of Feasibility Study on the Use and Development of Surface Water - Tamugan River, 2010.

Analysis of the two projects It has been observed that in the two projects, even under the same environmental component, different mitigation measures are adopted. This only means that each project has different effect to the environment. Thus, each project must be assessed carefully so that appropriate mitigation measures can be applied. Also, the impact assessment done in the hydropower project is fewer compared to the water supply project. Supposedly, hydropower project must go into more details because it is more environmentally critical than the water supply project. Thus, responsible agencies who are responsible in reviewing the EIA report must checked on the details of the report especially if the project is detrimental to the environment.

Usability of GIS in EIA The EIA process involves the consideration of many different variables and phenomena presenting complex interrelationships, which vary in space and time. Most of the environmental attributes are spatial in nature and to understand and manipulate these attributes, suitable spatial database management system is required. Geographic Information Systems (GIS) are ideal tools for the analysis of these environmental problems with spatial dimension. The use of multimedia technology capabilities within GIS, can contribute to the development of decision support systems closer to reality. In the two case studies above, project definition can be enhanced by using GIS in defining the study area by showing the location of the project and the geographical identities like source of water and climatic conditions. Further, assessment of the positive and negative impacts of the projects can be best interpreted by the evaluation of the environmental and visual impacts. Using GIS various types of visual impacts can be evaluated like, how the land use will look like? How much portion of the land will be affected by the project? By using DEM we can calculate and visualize the impact on ground levels either in filling or cutting and area of the study areas. Also, in determining the impact significance, a spatial impact methodology can be developed based on the assumption that the importance of environmental impact is dependent among other things like air, water, biological resources, where impact indices can be calculated based on the spatial distribution (Antunes et al., 2001). CONCLUSIONS The passage of environmental laws in the developing countries, specifically in the Philippines, indicates that the countries recognize the importance of protecting the environment to obtain sustainability while trying to improve the economic situation of their constituents. However, information gathered suggests that even these legislations promulgated in these countries are not enough to properly integrate environmental concerns in development projects or programs. In reference to the two case studies, assessment of impact varies even with the same environmental component. Mitigation measures also vary depending on the calculated impact of the project. As to the level of criticality on the negative impact to the environment, it has been found that hydropower projects are more environmentally critical. One evidence is the impact to the air where hydropower project has increased emissions of NO2, SO2, and TSP. RECOMMENDATIONS In order that EIA will become an effective instrument for the countries considered to integrate environment in their development projects, the following recommendations are believe to be helpful: y There should be dedicated commitment from the government to strengthen the laws, rules and guidelines pertaining to the EIA system.

y y y

y y

A well-planned and implemented process of decentralization, and the development of appropriate cadre of trained and experienced professionals from different disciplines should be undertaken. The government needs to rationalize its present structure in order to provide opportunities for growth and satisfaction of personnel to encourage them to work effectively. The methodologies used in the preparation of EIA, the conduct of the reviews and the monitoring of compliance should be apparent to stakeholders. Transparency in the conduct and review of EIA should be observed in order to maintain impartiality of the entire process. The public should be given the right to participate in, and be informed of, the decisions made in the matters concerning the environment so as to increase their awareness and participation in a process that greatly determines their well-being and their future. Impact must be carefully assessed in order to choose appropriate mitigation measures. GIS must be used in order to reduce the subjectivity in the process of preparing EIA to provide transparency in deciding over possible alternatives.

References Abracosa, R. and Ortolano, L. 1987. Environmental Impact Assessment in the Philippines: 1977-1985. Environmental Impact Assessment Review. Vol 7: 4. New York, NY. Antunes, P., Santos, R. and Jardao, L. (2001). The Application of Geographical Information System to determine environmental Impact Significance., Environmental Impact Assessment Review, Vol. 21, pp 511-535. Davao City Water District. 2010. Feasibility Study on the Use and Development of Surface Water-Tamugan River (Unpublished report). Kintanar, Q.L. 1986. Environmental Impact Assessment of Development Projects in the Philippines Some Experiences. Transactions of the National Academy of Science and Technology, R.P. Vol. VIII. Manila, Philippines. Maunsell Philippines, 2008, Tamugan AB and Panigan Hydroelectric Plant Project: Initial Environmental Examination Report (Unpublished report). Manila, Philippines. Procedural Manual for DENR Administrative Order No. 96-37. 1996. Philippine EIS System Procedure. Manila, Philippines. Ross, W. 1994. Environmental Impact Assessment in the Philippines: Progress, Problems, and Directions for the Future. Environmental Impact Assessment Review. Vol 14: 4. New York, NY. Tortajada, C. 2000. Environmental Impact Assessment of Water Projects in Mexico. International Journal of Water Resources and Development. Vol. 16: 1. Oxfordshire. UK. Villaluz, M.G. 2004. Advancing the EIA System in the Philippines. URL: http://www.unep.ch/etu/publications/35%29%20257%20to%20260.pdf