PHILIPPINE ENVIRONMENTAL IMPACT

STATEMENT SYSTEM

Mary Kassel T. Blanco

TERMS• PEISS - Philippine Environmental

Impact Statement System• EIS - Environmental Impact

Statement• EIA - Environmental Impact

Assessment• ECP - Environmentally Critical Project• ECA - Environmentally Critical Area• IEE - Initial Environmental

Examination• EGF – Environmental Guarantee

Fund

• ECC – Environmental Compliance Certificate

• ERA – Environmental Risk Assessment• EIARC – EIA Review Committee• EMP – Environmental Management Plan• EMF –Environmental Monitoring Fund• DENR – Department of Environment

and Natural Resources• EMB – Environmental Management

Bureau• RED – Regional Executive Director• MMT – Multi-partite Monitoring Team

EIS• An Environmental Impact Statement is a document prepared to describe the effects for proposed activities on the environment. 

• An EIS describes impacts, as well as ways to "mitigate" impacts. To "mitigate" means to lessen or remove negative impacts.

The PEISS• Provides legal and procedural

framework for conducting an EIA for projects likely to have significant environmental impact.

• Designed to safeguard the environment and natural resources in the fast growing industrialization and urbanization.

The PEISS

• Established in 1978 through PD 1586 that designates DENR, EMB and DENR Regional office as the implementing agency.

Backgrounds(EIA Laws)

• PD 1151 (1977) – Philippine Environmental Policy

• PD 1586 (1978) – Establishment of the Philippine Environmental Impact Statement System (PEISS) w/ the then National Environmental Protection Council (NEPC) as the lead agency

Backgrounds(EIA Laws)

• Administrative Order 42 (2002) – Rationalizing the Implementation of the Philippine EIS System giving authority, in addition to the DENR Secretary, to the EMB Central and Regional Office Directors to grant or deny issuance of ECCs

Backgrounds(EIA Laws)

• DENR Administrative Order (DAO) 96-37 - highlights the importance of public participation and social acceptability in the environmental review process.

Backgrounds(EIA Laws)

• PP 2146 (1981) – Proclaims certain areas and types of projects as environmentally critical & w/in the scope of the Philippine Environmental Impact Statement System (PEISS)

The System: Coverage and Procedures

• The EIS system requires completion of an EIA and preparation of an EIS report for any environmentally critical project (ECP) or any project located in an environmentally critical area (ECA).

Environmentally Critical Projects (ECP)

• Heavy Industries• Resource Extractive Industries• Infrastructure Projects• Golf Course Pr0jects• Others

Environmentally Critical Areas (ECA)

• National parks, watershed, wildlife preserves, and sanctuaries declared by law.

• Tourist Spots• Habitats of endangered or threatened species

• Areas traditionally occupied by IP’s and cultural communities

• Areas classified as prime agricultural lands

• Areas frequently hit by natural calamities

Projects not covered under the EIS system include:• Projects that are not ECPs or not

located in ECA

• Projects or structures that have been operating or existing since 1982, even if they are ECPs or in an ECA.

• DENR determines whether a proposal is an ECP or will be implemented in an ECA; if either or both of these conditions apply, then the proposal is required to secure an (ECC)

Overview of the national EIS system

Local Government Unit (LGU)

• The LGU should facilitate community participation through public outreach.

• It is the best interest of the stakeholders to design or choose the best development and mitigation options or to encourage DENR to deny an ECC if the project does not meet environmental standards.

Review process for ECP’s

• Proponents of projects classified as ECPs are required to conduct an EIA study and to submit an EIS report to DENR’s EMB. The following are basic steps in the EIA process for these types of projects.

EIA scoping: Ensuring stakeholder participation.

• Scoping helps all parties understand the level of analysis required, specify the alternatives to be evaluated, identify potential impacts, and suggest possible mitigation and monitoring measures that should be addressed

Assessing environmental and socioeconomic impacts.

• The EIA should include evaluation of the proposed project’s environmental and socioeconomic impacts and should identify alternatives (including the no-action alternative) and mitigation measures to reduce project impact.

Reporting and planning

• The proponent or consultants certified by DENR accomplish the required studies and prepare the Environmental Impact Statement (EIS)

Reporting and planning

• The EIS should contain an assessment of the most likely impacts of the projects and should provide an EMP that lays out the measures to prevent or minimize impacts from the project.

Reporting and planning

• In addition, DENR may require the EIS to include an ERA especially if the proposal involves hazardous, toxic, flammable, or explosive materials or chemicals, or construction of structures, which would endanger life, property, or the environment should they fail.

Outline of the EIS Document

• EIS Summary• Project Description• Summary of Scoping Agreements• Baseline Environmental Conditions• Impact Assessment and Analysis• Environmental Management Program/Plan

• Supporting Documents• Proposals for Environmental Monitoring and Guarantee fund

• Accountability Statement

Who can prepare an EIS or IEE?

• Only accredited individuals, officers, or organization are allowed to do EIA’s and prepare EIS or IEE documents.

• DENR personnel are prohibited from participating in the preparation of EIS or IEE except in their mandated role to provide guidance to the proponent.

Who can prepare an EIS or IEE?

• IEE/EIS may be prepared by the proponents’ technical staff or professional group commissioned by the proponent, provided that only appropriate and duly recognized professionals with Philippine licenses can sign the required accountability statement.

Review of EIS

• The EIS is submitted to DENR’s EMB, which then forwards it to the EIA Review Committee (EIARC) for evaluation. The EMB will not accept an EIS document for review if it is incomplete or not adequately organized.

ECC• certifies that the project proponent has complied with the procedures of the EIS System. For ECPs, the EIS together with the Committee’s report is sent to the Director of the EMB, who in turn forwards documents and recommendations to the Secretary of DENR within 15 days.

Monitoring

• The primary purpose of monitoring under PD 1586 is to ensure compliance with the conditions set in ECC and EMP.

Monitoring

• a multi-partite team (MMT) should be formed immediately after issuance of the ECC to work use of operational details and develop a MOA that spells out roles and responsibilities of the MMT.

Monitoring

• An EMF to provide funds for the monitoring team is established by the proponent before the construction phase.

Review Process for projects in ECA

• The review of the proposal development is conducted through DENR offices and consist of the following steps.

Steps and timetable for review of projects in ECAs

Initial Environmental Examination (IEE)

• The IEE contains a brief project description, expected impacts, and measures to be undertaken to control, manage, or minimize impacts on the environment.

Initial Environmental Examination (IEE)

• DENR-EMB processes and reviews the IEE within 30 days.

• The DENR RED determines whether an ECC will be granted or denied.

Who is accountable?

• The proponent and the EIS/IEE preparers are jointly responsible for the accuracy and completeness of these documents.

• The proponent and the preparers can be charged administratively if they are found to have provided misleading or false information or neglected to include important information in EIS/IEE.

Environmental Guarantee Fund (EGF)

• Should be set up for projects posing significant risks to people, property, and the environment, based upon the findings of the earlier ERA.

Environmental Guarantee Fund (EGF)

• The specific purposes of the fund would include rehabilitation of damaged environments, compensation to injured parties and communities, raising public awareness, and contingency cleanups required due to project-related impacts.

Social acceptability and public participationPublic participation is

strengthened through:

• Public consultation• Public hearings• Alternative dispute or conflict

resolution• Public information

LGU involvement• At the local level, the following steps should be followed by the LGU to assess impacts of proposed projects:

• Screening• Scoping• Analysis and EIA report• EIS and project decisions• ECC and environmental management plan• Environmental monitoring and compliance

Fines and Penalties

• Projects that are established without or operating without an ECC. – PhP50,000 for every violation

• Projects violating conditions of the ECC/EMP, or rules and regulations.– PhP50,000 for every violation

Fines and Penalties

• Misrepresentation in the IEE/EIS or other documents.– PhP50,000 for every misrepresentation

References:

– http://www.emb.gov.ph/portal/Portals/13/LAWS%20PDF/PD1586.pdf

– http://www.emb.gov.ph/portal/Portals/13/LAWS%20PDF/PD1586.pdf

– http://web.ead.anl.gov/uranium/eis/whatiseis/index.cfm

– http://oneocean.org/overseas/200203/the_philippine_environment_impact_statement_system_and_what_it_entails.html

THANK YOU!!