THE ENVIRONMENTAL IMPACT

ASSESSMENT (EIA) SYSTEM

COMPLIANCE
(P.D. 1586)
MODULE OUTLINE
I. Brief introduction/background on the
beginnings of the EIA practice
II. Basic EIA Concepts
III. EIA Requirement of the Philippine
Government
- prior to project implementation
- during project implementation

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MODULE OBJECTIVES
At the end of the session, the participants
should:
Understand the basic EIA concepts
Appreciate the need for EIA
Know the basic requirements of the
Philippine EIS/EIA System
Improve skills on the EIS System
compliance reporting

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Contextualizing Events & Major Environmental
Laws

Scenario in the 1960s

Population growth
Urbanization
Industrial expansion
Rapid natural resource utilization
Increasing technological advances
ORIGIN OF EIA
1969 US National Environmental Policy
Act

required all Federal agencies to include in every

recommendation or report on legislative proposals &
other major Federal Actions significantly affecting the
quality of the human environment an environmental
impact statement (EIS).

The methodology used to prepare an EIS came to be

known as EIA

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EARLY ADOPTERS OF EIA

1974 Australia
1975 Thailand
1976 France
1978 Philippines
1981 Israel
1983 Pakistan

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Contextualizing Events & Major Environmental
Laws

Montreal
Protocol Earth Kyoto
Summit Protocol
Basel
Convention
1935/
1987 1978 1987 1990 1992 1997 2000 2003

1977 1981 1989 1991 1996 1999 2002 2004

RA 6969 Toxic Substances RA 9003 Eco
& Hazardous & Nuclear RA 8749 Phil. Solid Waste RA 9275
PD 1586 Wastes Control Act Mgt Act
Clean Air Act Phil. Clean
PEISS
RA 7160 Local Water Act
Govt Code
 WHAT IS EIA ?
(Environmental Impact Assessment)
A systematic process that examines 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

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 ENVIRONMENTAL IMPACTS

DIRECT IMPACTS

INDIRECT IMPACTS

CUMULATIVE IMPACTS

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 DIRECT IMPACTS
Pollutiondue to discharge of waste streams
into air/water/land
noisepollution due emission of sound from
plant activities
intentionaladdition of substances such as
pesticides, herbicides etc,
contamination of physical environment due
to accidental release of hazardous
substances or addition resulting from spills
blowouts, explosion

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INDIRECT IMPACTS AS A RESULT OF CASCADE OF EFFECTS

LAND CLEARING

SOIL EROSION NUTRIENT DEPLETION

LOSS OF FARM SEDIMENT NUTRIENTS IN RUN-OFF

PRODUCTS DELIVERY

EUTROPHICATION

SILTATION
TURBIDITY AQUATIC WEEDS GROW AND DIE
OF
RESERVOIR

DAMAGES TO LOWERED
FISHERIES DISSOLVED
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SAMPLE TYPES OF CUMULATIVE EFFECTS

TIME CROWDING :
Frequent repeatative impacts on single medium

SPACE CROWDING :
High density impacts on a single medium

COMPOUNDING EFFECTS :
Synergistic effects arising from multiple source on a
single medium

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SIGNIFICANCE OF IMPACTS
size of potential effects
sensitivity/importance of affected
environments
potential for inducing direct/cumulative
effects
importance /controversy ;local regional/global
magnitude of adverse /beneficial impacts ;
direct and indirect impacts
reversible /irreversible impacts ;
local /strategic impacts

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SIGNIFICANCE WITH RESPECT TO
ENVIRONMENTAL EFFECTS RELATE TO :

SCALE OF DEVELOPMENT

SENSITIVITY OF THE LOCATION

NATURE OF THE ADVERSE EFFECTS

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IMPACTS TO ENVIRONMENT AT
DIFFERENT IMPLEMENTATION PHASES

Site Preparation : large scale and short term

changes occur in the environment,
Project Operation: continuous and long term
environmental impacts,
Project Termination : recovery and remedial
measures for the rehabilitation of the
environment

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PHILIPPINE EIA SYSTEM FRAMEWORK
PD 1151 Philippine Environmental Policy (6 June 1977)

PD 1586 Establishment of the Philippine EIS System & the

ECC Requirement (11 June 1978)

Presidential Proclamation 2146 (1981) Presidential Administrative Order 42

Presidential Proclamation 803 (1996) Rationalizing the Phil. EIS
(Generic Description of Projects & Areas System Implementation (2 November
covered by the Philippine EIS System) 2002)

DENR ADMINISTRATIVE ORDER (DAO) 2003-30 Implementing

Rules and Regulations for PD 1586 (30 June 2003)

Procedural Manual for DAO 2003-30 (Jan 2004 August 2007)

o MC 2010-14 Syandardization of requirements & enhancement of Public
Participation in the Streamlined Implementation of the PEISS (June 29, 2010)
o MC 2011-05 Incorporating Disaster Risk Reduction (DRR) and Climate Change
Adaptation (CCA) concerns in the Philippine EIS System (Nov.11, 2012)
PHILIPPINE ENVIRONMENTAL POLICY
PD 1151 (6 JUNE 1977)

Provides the Statutory Framework of the

Environmental Code requiring the preparation
of EIA for all projects that will affect
environmental quality
SECTION 4
 PHILIPPINE ENVIRONMENTAL POLICY
(SECTION 4)
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 and
include in every action, project or undertaking which significantly
affects the quality of the environment a detailed statement on:
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 uses of the resources of
the environment are consistent with the maintenance and
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 and
commitment are warranted.
 PD 1586 (11 JUNE 1978)
Establishing the Philippine Environmental
Impact Statement System (PEISS)
Spells out the governments requirement for an
Environmental Compliance Certificate
(ECC) prior to project implementation
Documentation of the EIA process (in an EIS)
shall be submitted to NEPC (now EMB) in
support of ECC applications
PRESIDENTIAL PROCLAMATION (PP) 2146
(14 DECEMBER 1981)
Proclaiming Certain Areas & Types of Projects
as Environmentally Critical & w/in the Scope of
the Philippine EIS System
Defined Environmentally Critical Areas (ECAs)
and provided listing of Environmentally Critical
Projects (ECPs)
Presidential Proclamation (PP) 803 (1996)

Proclaimed Golf Course Projects as ECP

SCOPE OF THE PHILIPPINE EIS SYSTEM
Environmentally Critical Projects (ECPs)
Presidential Proclamation 2146 (1981)
A. Heavy Industries
Non-ferrous metal Industries
Iron and Steel Mills
Petroleum and Petrochemical Industries
Smelting Plants

B. Resource Extractive Industries

Major Mining and Quarrying Projects
Forestry Projects

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SCOPE OF THE PHILIPPINE EIS SYSTEM
Environmentally Critical Projects (ECPs)
Presidential Proclamation 2146 (1981)
C. Infrastructure Projects
Major Dams
Major Power Plants
Major Reclamation Projects
Major Roads and Bridges

Presidential Proclamation 803 (1996)

D. Golf Course

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SCOPE OF THE PHILIPPINE EIS SYSTEM
Environmentally Critical Areas (ECAs)
Presidential Proclamation 2146 (1981)
A. Areas declared by law as national parks, watershed
reserves, wildlife preserves, and sanctuaries
B. Areas which constitute the habitat for any endangered
or threatened species of indigenous Philippine wildlife
(flora and fauna)
C. Areas set aside as aesthetic, potential tourist spots
D. Areas of unique historic, archeological, geological, or
scientific interests
E. Areas which are traditionally occupied by cultural
communities or tribes

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SCOPE OF THE PHILIPPINE EIS SYSTEM
Environmentally Critical Areas (ECAs)
Presidential Proclamation 2146 (1981)
F. Areas frequently visited and or hard-hit by natural
calamities (geologic hazards, floods, typhoons, volcanic
activity, etc.)
Areas frequently visited or hard-hit by typhoons
Areas frequently visited or hard-hit by tsunamis
Areas frequently visited or hard hit by earthquakes
Storm surge-prone areas
Flood-prone areas
Areas prone to volcanic activities
Areas located along fault lines or within fault zones
Drought-prone areas

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SCOPE OF THE PHILIPPINE EIS SYSTEM
Environmentally Critical Areas (ECAs)
Presidential Proclamation 2146 (1981)

G. Areas with critical slope

H. Areas classified as prime agricultural lands
I. Recharge areas of aquifers
J. Waterbodies
K. Mangrove Areas
L. Coral Reefs

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 Environmentally Critical Areas (ECAs)
Who determines whether the project location is
an ECA ?
EMB Regional or Central Office

ECA Maps available at EMB RO for screening

purposes

If the proponent does not agree w/ EMB the

proponent may disprove such determination by
obtaining relevant certifications from competent
government agencies (12 ECA categories)

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PRESIDENTIAL ADMINISTRATIVE ORDER
(AO) 42 (2 NOVEMBER 2002)

Rationalizing the Implementation of the

Philippine Environmental Impact Statement
System
Project proponents directed to simultaneously
conduct the EIA (as required for ECC
application) and feasibility study of the proposed
project
Specified processing timeframe and automatic
approval provisions
Strengthening of the system and lead
implementing office
DENR ADMINISTRATIVE ORDER (DAO)
2003-30 (30 JUNE 2003)

Implementing Rules and Regulations for the

Rationalization of the Implementation of the
Philippine Environmental Impact Statement
System
2 Procedural Manuals (initial 2004; latest
2007)
Prescribed Key Operating Principles in the
Implementation of the Philippine EIS
System to clarify common issues
KEY OPERATING PRINCIPLES
Concerned primarily with assessing the direct
and indirect impacts of a project on the
biophysical and human environment and ensuring
that these impacts are addressed by appropriate
environmental protection and enhancement
measures

AidsProponents in incorporating
environmental considerations in planning
their projects
 KEY OPERATING PRINCIPLES
Project Proponents are responsible for
determining and disclosing all relevant
information necessary for a methodical
assessment of the environmental impacts of their
projects
The review of EIA Reports by EMB shall be
guided by three (3) general criteria:
Integration of environmental considerations into the overall
project planning
Technically sound assessment and effective environmental
mitigation measures are proposed
EIA process is based on a timely, informed and meaningful
public participation of potentially-affected communities
 KEY OPERATING PRINCIPLES

Effective regulatory review of the EIA Reports

depends largely on timely, full, and accurate
disclosure of relevant information by project
Proponents and other stakeholders in the EIA process
The timelines prescribed within which a decision must
be issued apply only to processes and actions
within the Environmental Management Bureaus
(EMB) control and do not include actions or activities
that are the responsibility of the Proponent
New MC Processing Timeframes:

ECC-20 Days

CNC-1 Day
PROCEDURAL MANUAL FOR
DAO 2003-30 (AUGUST 2007)

Details the requirements and

procedures in the
implementation of the
Philippine EIS System
Detailed guidance document
for project proponents, EIA
Consultants, EMB and other
stakeholders
 UPDATES
Philippine EIS System
Implementing Rules
and Regulations
 Areas of Enhancements
More objective screening for Coverage

Standardized Application Requirements

Philippine EIS System
Streamlined Procedures
Implementing Rules
and Regulations
Incorporating Disaster Risk Reduction and Climate
Change Adaptation in the Philippine EIS System

Enhanced Information System &

Transparency Mechanisms

Strengthened Environmental Monitoring

System
More objective screening for
Coverage
more detailed project
categorization for coverage &
level of coverage screening
(Revised Procedural Manual for DAO
2003-30 & EMB MC 2010-002)

GIS-map of Environmentally
Critical Areas (ECAs) for
objective determination if the
non-ECP is are required an ECC
(DAO 2009-15)
Standardized Application
Requirements

1-Page application form for Certificate of

Non-Coverage (CNC) Applications (DENR
MC 2010-14)
Detailed listing of documentary and
information requirements for ECC
applications (DENR MC 2010-14)
Ongoing development of IEE Checklists and
EIA Report Screening Forms for various
industry types (Integrating Climate Change
Risk Concerns MDG-F Project)
Streamlined Procedures
Maximum of 1 day processing of CNC
Applications using Automated
Processing System (APS) (DENR MC
2010-14)
Maximum of 20 days processing
timeframe for ECC applications non
ECPs in ECAs & 40 for ECPs.(DENR MC
2010-14)
Only 1 request for additional
information is allowed (DENR MC 2010-
14)
Formation of an Internal EIA Review
Pool (DENR S.O. No. 2009-939)
Strengthened Environmental
Monitoring System

Use of standardized compliance monitoring

report forms (for MMT Reports, Proponents
Self Monitoring Reports, etc.)
Industry Mapping
Databasing of compliance monitoring
information
Strengthening of Partnership with LGUs,
communities, civil society, civic groups,
business, church, other agencies through
the MMT System
 Purpose of Screening

To determine if project requires an ECC

(ECPs and those located in ECAs)

For projects/programs requiring ECC, further

determine:
-Requirements
-Processing Office
-Maximum Processing Timeframes
Screening in the RPM and MC 2011-005

clearer guidelines anchored on the legal

basis of ECC requirement
more detailed project categorization
making clearer w/c projects are required
an ECC
development of self-screening guides
including online systems (http://eiais.emb.gov.ph)
SCREENING CATEGORIZATION

Type of project PROJECT GROUPINGS

ECP, NECP or Co-located
Project Status To determine:
- If required to secure ECC
New, existing project with proposal - the EIA Document Type
for modification/expansion, Requirement
resumption of operation or - Processing office/authority
operating without an ECC - Maximum processing time
Location of the project
ECA or NECA
Region
Project size parameter
SCOPE OF THE EIS SYSTEM
Project/Undertaking

Covered Not Covered

ECC CNC

Category A Category B Category C Category D

Category A Environmental Critical Projects (ECP)

Category B Projects located in Environmentally Critical Areas (ECA)
Category C - Projects enhancing environmental quality or address existing
environmental problems
Category D Projects not falling under other categories or unlikely to cause
adverse environmental impacts
 DOCUMENTARY REQUIREMENTS & PROCESSING
TIME CATEGORY APPLIED TO DOCUMENTS REQUIRED FOR
ECC APPLICATION
MAXIMUM TIME TO GRANT
OR DENY THE APPLICATION
& DECIDING AUTHORITY
A-1: New Co-located Programmatic EIS 180 days
Projects
DENR Secretary
A: Single Projects EIS 120 days
Environmentall DENR Secretary
y Critical
Projects A-2: Existing and to be Co-located Programmatic EPRMP 120 days
expanded (including Projects DENR Secretary
undertakings that have
stopped operations for
more than 5 years and Single Project EPRMP 90 days
plan to re-start, w/ or w/o EMB Central office Director
expansion

A-3:Operating without
ECC
B-1: New Single Project IEE or IEE Checklist (if 60 days
available) EMB Regional Director

B: Projects B-2:Existing and to be Single Project EPRMP (based on a checklist 30 Days

located in an expanded (including if available) EMB Regional Director
ECA undertakings that have
stopped operations for
more than 5 years and Co-located PEPRMP 60 days
plan to re-start, w/ or w/o Project EMB Central Office Director
expansion)

B-3: Operating without

ECC
C:
Environmental Co-located or Project Description 15 days
Enhancement Single Projects EMB Regional Director
or Direct
Mitigation
D. Not Covered Project Description or Proof 15 days
of Project Implementation EMB CO or RO Director
prior to 1982
 Purpose of Scoping

To more definitely establish and focus

requirements

to provide the proponent & the stakeholders

the final scope of work and terms of
reference for the EIA Study
SCOPING CONSIDERATION

The EIA study is FS: preliminary

assessment of a
done projects likelihood
SIMULTANEOUS of success; analysis
with the of options &
Feasibility Study recommendation on
the best alternative
of the project.
 EIA Study & Report
Preparation
EIA Study requirement dependent on
classification of undertaking

Single
New Project
Classifi-
cation of
Status Projects Type
requiring Co-located
Existing for ECC Projects
Expansion
EIA Study & Report Preparation

focused on the critical environmental impacts

associated with the project
Various sectors are expected to be consulted
during EIA Study and Report Preparation (esp. in
EMP Preparation)
Reportorial requirement dependent on
classification (i.e. PEISS, EIS, IEECR, PEPRMP,
EPRMP)
EIA Study Report key Improvements

settingof limits on the # of pages of EIA Reports

to focusing on key issues
resubmission of final EIA Report incorporating
the results & commitments made during the
EIA Review
EIA Study Report key Improvements

Provisionof templates & other pro-forma

documents for organized, direct-to-the-point
presentation of information, assessments and
management & monitoring plans
Presenting the baseline information, impact
assessment & mitigation by ecosystem for a
more integrated analysis & mitigation
EIA STUDY & REPORT PREPARATION

Mainstreaming Climate Change Adaptation

(CCA) and Disaster Risk Reduction (DRR) in
the Philippine EIS System (PEISS)
EMB MEMORANDUM CIRCULAR
2011-005
(DATED 11 NOVEMBER 2011)

Integrating Disaster Risk Reduction (DRR)

and Climate Change Adaptation (CCA)
Concerns in the PEISS
PURPOSE OF MC 2011-005

to promote climate change adaptation and

disaster risk reduction at the project level

to streamline Environmental Impact Assessment

(EIA) requirements under the Philippine
Environmental Impact Statement System
(PEISS) as provided for in DENR MC 2010-14
OBJECTIVES OF MC 2011-005
To provide enhanced standards for the
preparation of EIA Reports

To provide guidance for project proponents in

integrating DRR and CCA concerns in the
project planning stage through the EIA
Process
EIA DRR/CCA TECHNICAL
GUIDELINES
Shall be used to enhance the role of the PEISS as
a risk-based planning tool which considers DRR
concerns as well as integrates CCA measures in
the project design

Shall serve as the standard for the scope of EIA

Studies required for ECC applications
EIA DRR/CCA TECHNICAL
GUIDELINES
Where applicable, climate projections prepared
by PAGASA for 2020 and in 2050 shall be used in
the conduct of relevant modelling, studies and
assessment as may be required in the EIA
reports

Natural hazards, as identified or determined by

mandated agencies (e.g., MGB, PHIVOLCS), in
the proposed project location shall be considered
in the conduct of the EIA and integrated in the
formulation of the environmental
management and monitoring plan
CLIMATE CHANGE RESPONSE CATEGORIES
Mitigation of climate change
Slow down global warming by reducing
greenhouse gas emissions

Adaptation to climate change

Preparing to manage the risks, costs and
consequences of our changing climate

Adaptation is the only response available for

the impacts that will occur over the next
several decades before mitigation measures
can have an effect.
Stern Review: The Economics of Climate Change.
EIA DRR/CCA TECHNICAL
GUIDELINES
General guidance document which provides the
conceptual framework for Mainstreaming
DRR/CCA in EIA Studies

DRR/CCA-enhanced Environmental Impact

Statement (EIS) Screening Forms

DRR/CCA-enhanced Initial Environmental

Examination (IEE) Checklist Report Forms
EIS SCREENING FORMS
Customized for specific industry type to
allow for a more precise identification of:
assessment needs in terms of specific impacts of
each industry types
the critical climate and disaster risk parameters
that need to be incorporated in the EIA
disaster risk reduction measures and/or climate
change adaptation options that should be
considered/studied and incorporated in the
project design
DRR/CCA-ENHANCED EIS SCREENING FORMS
DEVELOPED
1. Agricultural Plantations
2. Food & Food By-product and Beverages
Manufacturing Plants
3. Non-Food Manufacturing (Textile, Rubber,
Chemical) Plants
4. Forestry Projects
5. Hydropower/Dam Projects
6. Mining Projects
7. Sanitary Landfill Projects
8. Thermal Power Plant Projects
SAMPLES ON INTEGRATING DRR/CCA IN
EIAS
Key Environmental Impact and
Management/Monitoring Plan

1. Land Module

- Identify areas vulnerable/susceptible to natural

hazards where the project is located or near the
project area.

- Include discussions on impacts/effects of natural

hazard on the project.
2. Water Module

Depletion of water resources / competition in

water use
Analysis/estimation of water availability taking into
consideration the PAGASA 2020 and 2050 climate
projections
Historical flooding/drought occurrences
Floodsimulation/modeling, consider extreme
weather conditions and the PAGASA 2020 and 2050
climate projections
3. Air Module

o- Change in the local climate e.g. local temperature

In the assessment, consider the PAGASA climate

change projections for 2020 and 2050.

o Contribution in terms of greenhouse gas emissions

Data on Greenhouse gasses (i.e. carbon dioxide,

methane, nitrous oxide); Calculation of projected GHG
emission
Discuss the projects contribution in terms of
greenhouse gas emissions using IPCC guidelines
IEE CHECKLIST REPORT FORMS
Simplified & Pro-forma EIA Report for specific
for certain types of small projects
When appropriately accomplished, serves as the
EIA Report attachment to Environmental
Compliance Certificate Applications

Contains pre-identified climate

change adaptation options
DRR/CCA-ENHANCED IEE CHECKLIST REPORT
FORMS DEVELOPED
1. Batching and Crushing Plant
2. Fisheries/aquaculture Projects
3. Food & Food By-product and Beverages Manufacturing Plants
4. Non-Food Manufacturing (Textile, Rubber, Chemical) Plants
5. Housing Projects
6. Building Projects
7. Cemetery and & other Funeral Facility Projects
8. Livestock /Piggery Projects
9. Resorts and other Tourism/Leisure Projects
10. Roads, Bridges
11. Water Supply Projects
12. Irrigation & Flood Control Projects
13. Sanitary Landfill Projects
14. Generic
DRR/CCA-ENHANCED EIA
a tool for ensuring that future developments are
resilient and that their environmental impacts do
not aggravate natural hazards or climate
changes effects on human or natural systems
Principles of precautionary approach applies

recognizes that the absence of full scientific

certainty should not be used as a reason to
postpone decisions where there is a risk of
serious or irreversible harm
measures should be taken even if some cause and
effect relationships are not fully established
scientifically.
HOW VULNERABLE IS YOUR
BUSINESS/COMPANY?

Generic climate change impact considerations on

business areas:

Markets: changing demand for goods and services

Logistics: supply chain utilities and transport

Process: production process and service delivery

Finance: investment, insurance, liabilities

People: workforce, customers, lifestyles

Premises: design, construction maintenance

Source: UKCIP
 Review & Evaluation
Representatives from various sectors whose
mandates/concerns are critical to the EIA
Review may be invited to participate in the
following activities:
-Public Hearing
-Public Consultation
-Site Validation
-Technical Review
 Objectives of Review
a) To ensure nature, quality & quantity of data,
IA & EMP in the EIA are the most
useful/critical inputs in integration of
envi/socio concerns in the FS preparation of
the Proponent;
b) To provide guidance (thru the EMMoP & ECC)
in downstream activities such as land use
planning & project siting, and continual
integration of envi/socio considerations in
DED, construction, operations &
abandonment.
 Objectives of Review
c) To provide guidance to other government agencies on
critical EIA findings that should be considered in the
agencys approval process for the project.
d) To guide Proponent and stakeholders in :
Impact validation
Assessment of effectiveness of measures for continuing
responsive improvement of environmental performance
 Decision on ECC Applications

Based on striking balance between socio-

economic growth & environmental
protection
Use environmental and socio-economic
criteria
Primacy of jurisdiction of other govt
agencies respected & supported
 Issuance of the ECC

Vested only on the President

and DENR/EMB

(not on LGUs & Park Administrators)

 ECC

EIARC Chair signs Review

Recommendations (Annexed to ECC)

Proponent signs off ECC Commitment

Full Responsibility
 Contents of the ECC

Scope of project or undertaking

Conditions conformed by the proponent to
implement mitigating measures for
potentially negative impacts and
enhancement measures for potentially
positive impacts
Recommendations to concerned permitting,
deciding and monitoring entities
 UPON ECC ISSUANCE PROJECT IMPLEMENTATION?
not necessarily

findings and recommendations of the

EIA shall be transmitted to relevant
government agencies for them to
integrate in their decision making prior
to the issuance of clearances, permits
and licenses under their mandates
RATIONALE FOR THE MONITORING SYSTEM
ENHANCEMENTS
Recommendations from WB and ADB-assisted EIS
System Assessment findings:

low monitoring percentage

Wide gap between proponents commitments and compliance

Widely varying practices in MMT formation and

operationalization

DENRs policy directions and capacity constraints

Paradigm shift to stakeholder participation, fostering

partnerships and self-regulation
 PROPONENT
SELF-MONITORING

MULTIPARTITE IMPACTS
EMB
MONITORING
MONITORING TEAM

LOCAL
COMPLAINTS STAKEHOLDERS
MONITORING

MONITORING & EVALUATION SYSTEM

BEFORE
 ENVIRONMENTAL PROPONENT
MONITORING
PLAN
COMPLIANCE
EVALUATION
SELF-MONITORING
REPORT (CER)

COMPLIANCE
EMB MONITORING
REPORT (CMR)
REVIEW

MANUAL OF
OPERATIONS
COMPLIANCE
MONITORING &
VALIDATION
REPORT (CMVR)
LOCALLY-LED MMT
(Community-based)
VALIDATION
ENHANCED MONITORING AND EVALUATION SYSTEM
EIS SYSTEM COMPLIANCE MONITORING,
VALIDATION & EVALUATION
Objectives:
compliance with the conditions set in the
ECC;
compliance with the Environmental
Management Plan (EMP);

81
 CONTENTS OF THE ECC

Scope of project or undertaking

Conditions conformed by the proponent to

implement mitigating measures for
potentially negative impacts and
enhancement measures for potentially
positive impacts

Recommendations to concerned permitting,

deciding and monitoring entities

12/11/2008 82
EIS SYSTEM COMPLIANCE MONITORING, VALIDATION &
EVALUATION/AUDIT FOCUS
ECC

EMP

Mitigating/Mgmt. EMoP
Measures

Monitoring Reports Monitoring

Protocols
 EIS SYSTEM COMPLIANCE MONITORING,
VALIDATION & EVALUATION/ AUDIT
Underlying purpose
Evaluate effectiveness of environmental
measures on prevention or mitigation of actual
project impacts vis a vis the predicted impacts
used as basis for the EMP design; and

continual updating of the EMP for sustained

responsiveness to mitigate environmental impacts.

12/11/2008 84
 ENVIRONMENTAL PROPONENT
MONITORING
PLAN
COMPLIANCE
EVALUATION
SELF-MONITORING
REPORT (CER)

COMPLIANCE
EMB MONITORING
REPORT (CMR)
REVIEW

MANUAL OF
OPERATIONS
COMPLIANCE
MONITORING &
VALIDATION
REPORT (CMVR)
LOCALLY-LED MMT
(Community-based)
VALIDATION
ENHANCED MONITORING AND EVALUATION SYSTEM
MONITORING ASPECTS
compliance reporting
Field validation

Evaluation of Effectiveness of the Envtl

Mgmt. Measures

12/11/2008 86
 Monitoring, Validation & Evaluation/
Audit Schemes and Frequency
Frequency/Timing
Monitoring Proponent MMT EMB
Self-Monitoring Validation of Evaluation/
Aspect Proponents Audit
Performance
A. ECC Semi-Annual in Semi-Annual Semi-Annual
Compliance CMR in CMVR in CER
Reporting EMP Semi-Annual in Semi-Annual Semi-Annual
CMR in CMVR in CER
Envtl Stds Detailed Semi-Annual Semi-Annual
(under Report in in CMVR in CER
Specific quarterly SMR;
Envtl Summary of
Laws) compliance in
semi-annual
CMR
 Monitoring, Validation & Evaluation/
Audit Schemes and Frequency
Frequency/Timing
Monitoring Proponent MMT EMB
Aspect Self-
Monitoring
Validation of
Proponents
Evaluation/
Audit
Performance
B. Field Validation - Semi-Annual Semi-Annual
(unless otherwise
specified in the
or whenever
ECC) there are
complaints,
exceedance
or standards
or suspicious
data
 MONITORING, VALIDATION & EVALUATION/
AUDIT SCHEMES AND FREQUENCY
Frequency/Timing
Monitoring Proponent
Self-
MMT
Validation of
EMB
Evaluation/
Aspect Monitoring Proponents Audit
Performance
C. Sampling Monthly/Cont Only in cases As the need
Effectivenes and inuous as of arises in
s of the Measure- committed in complaints/ coordination
the EMoP exceedance w/ the MMT
Envtl ment
w/in the EMP of standards/
Mgmt.
suspicious
Measures data
Trend 2nd semi- 2nd Semi- 2nd Semi-
Analysis/ annual CMR; Annual CMVR Annual CER
Cumulative 4th Qtr. SMR
Performanc
e Report
 PRIMARY ROLES & REPORT FORMS
Primary Role Report Form
Requirement

Project Monitoring
CMR
Proponent
MMT (Community- CMVR

based)
Validation

EMB-RO Evaluation
CER
EMB-CO Audit (systems & Audit Report
performance) improved guidelines
PROJECT ENVIRONMENTAL MONITORING AND
EVALUATION PRIORITIZATION SCHEME (PEMAPS)

Internal EMB strategy for selecting and

prioritizing projects to be subject to
compliance monitoring based on evaluation by
EMB and proponents responses to the
Environmental Risk Categorization Questionaire
(Annex 2-7d)
 PEMAPS

Key Parameters:

Potential of the process/technology to cause

impacts

Existence and profile of the pathway of

impacts

Existence and profile of receptors

Project environmental performance

SELF-MONITORING BY THE COMPANY

Shouldbe guided by an Environmental

Monitoring Plan (EMoP)
EMoP based on the results of the EIA
Study (normally in the EIS/IEE)
For
companies who do not have an
EMoP or those whose EMoP needs
updating, use format in Annex 2-20 of
RPM

12/11/2008 93
ENVIRONMENTAL QUALITY
PERFORMANCE LEVEL (EQPL)
Progressive numerical thresholds of parameters of
ambient environmental quality that indicate if there is
activity-related deterioration of the environment that
needs management action
chosen for each parameter to indicate what type and
intensity of management action should be implemented
 Ideally there are three EQPLs to be set for each
critical environmental parameter as follows:

(i) Alert (red flag) Level Management to

investigate possible cause of deterioration while
early.
As a general rule, Alert Level set at 10% significant
negative change in environmental quality as
measured by a particular parameter.

Reliable baseline or benchmark value of the

parameter needed.

Requires confirmatory sampling and measurement for

that parameter
(ii) Action Level Management should take positive
measures to halt or reverse the environmental
deterioration to avoid reaching critical levels which
tend to be harder and more expensive to arrest or
reverse.

The Action Level is set at a point of deterioration that is

lower than the Limit Level
Provides enough time to institute positive
environmental measures.
(iii) Limit Level Management to avoid reaching this
stage due to high possibility of irreversible and
expensive damage to the environment and human
health and welfare thus threat of closure or
stoppage of operations by regulatory authorities.

Limit level of the various environmental quality

parameters thus refers to statutory limits or ambient
environmental standards, industry standards or best
practices, or consensus among the key stakeholders.
 SAMPLE EQPL FOR A COAL FIRED PP
Alert Levels Action Plan
Parameter
0 1 2 0 1 2
MARINE (alert) (action ) (limit)
Temperature,C 2.0 2.9 > 3
DO,mg/L 6 5.5 < 5
compare
pH 7.6-8 6.3-8 <6->8.5 results with
advice
other
TSS, mg/L* 57 69 + 73 management
parameters,
Oil/grease,mg/L 2.5 2.9 > 3 (1)Immediate and
check all
Re-sampling implement
Heavy metals, mg/L possible
and Testing sources from correspondin
Cd** IR-ST, (2) g remedial
0.03 0.05 > 0.07 the plant and
review the action
Pb** outside the
0.2 0.4 > 0.5 stressors & perimeter
GROUND WATER the mitigating
pH 7.6-8 6.3-8 6-8.5 measures
AMBIENT AIR (mg/Ncm)
Compare results Compare results
SO2 0.09 0.17 > 0.18 w ith other w ith other
NO2 0.08 0.14 > 0.15 parameters. parameters.
Check possible Check possible
TSP 0.12 0.22 > 0.23
sources if only sources if only
PM10 0.08 0.14 > 0.15 the plant, advice the plant, advice
Notes:
* TSS background concentration
ENVIRONMENTAL QUALITY
PERFORMANCE LEVEL (EQPL)
May provide local community w/
laymanized picture of project
environmental condition before the
situation becomes worse or violative of
environmental standards
Pseudo-indicators of pollution may be used
(i.e.perceptible odor, color, dust, noise, fish
kills & crop loss) w/c can be correlated w/
specific EQPL range
NOTE ON SAMPLING & MEASUREMENT

Sampling & Measurement of EIA-identified critical

parameters is the primary responsibility of the
company. MMTs are not required to do sampling and
measurement activities as a regular activity.

CONFIRMATORY SAMPLING AND

MEASUREMENT ACTIVITIES may be conducted by
the MMT/EMB either on its own or through a hired
expert :
to verify suspicious data sets or findings or
to validate public complaint
REPORTING
Per DAO 2003-30 Revised Procedural Manual:

In lieu of Module 5 of the SMR Form

Compliance Monitoring Report (CMR) shall be
submitted to the EMB RO concerned & another copy
shall be submitted to EMB Central Office in the case
of ECPs
Use Annex 3-1 of the RPM customized based on the
facility
Detailed report on compliance to environmental
standards specific to other environmental laws shall
be reflected in the SMR as required under DAO
2003-27 on a quarterly basis
COMPLIANCE MONITORING REPORT (CMR)

To report performance at 3 levels:

1. Performance against ECC Conditions

2. Performance against EMP
3. Performance against the monitoring of the
actual impacts (including residual impacts) as
against the predicted impacts in the EIA
Report and as related to the current project
operations
COMPLIANCE MONITORING REPORT (CMR)
Shall be submitted semi-anually as module 5
of the 2nd & 4th quarter SMR Performance
against ECC Conditions
2nd CMR shall include a simple trend analysis
of the environmental standards and a
summary of the cumulative annual and
historical performance/compliance analysis
on the key environmental and social
parameter, e.g.:
total areas successfully replanted
Total local jobs generated
Total violations
Total or % exceedances to standrds
CMR FORMAT (ANNEX 3-1)
I. BASIC PROJECT INFORMATION & UPDATES
II. EXECUTIVE SUMMARY
III.RESULTS & DISCUSSIONS
A. Compliance Monitoring
B. Impact Monitoring
i. Summary of Previous Monitoring Results
ii. Current Monitoring Results & Discussion
IV.CONCLUSIONS AND RECOMMENDATIONS
A.Compliance Status
B.Environmental Quality Status (w/ EQPL)
C.Environmental Management Plan Status
D.Environmental Risk Categorization
E.Workplan for the next monitoring period

V. ATTACHMENTS
COMPLIANCE MONITORING
Status of compliance to ECC &
EMP
Reasons for non-compliance or
unmet commitment
Solutions to attain full compliance
Prescribed summary table in
Annex 3-1 (ECC conditions
categorized for proper databasing)
IMPACT MONITORING
Shall contain graphical presentation of
quantitative & semi-quantitative impact
monitoring results showing trends,
comparing past monitoring results w/
current
Relevant monitoring results in the other
SMR modules shall be referred to
Qualitative impact monitoring results may be
presented in text form or in terms of pictorial
coverage
MULTI-PARTITE MONITORING TEAM
Organized to encourage public participation
To promote greater stakeholders vigilance

To provide appropriate check and balance

mechanisms in the monitoring of project
implementation
 MULTIPARTITE MONITORING TEAM (MMT)
Mandatory only for ECPs and Co-located
Projects requiring Programmatic EIS
RO has the option to require MMT for EIS-based
ECCs
Operations shall be guided by a Manual of
Operations (MOO) and Code of Ethics as
prescribed in the RPM
Shall use the Compliance Monitoring the
Validation Report (CMVR) format
May be terminated if impacts do not persist after
the construction stage
 INTEGRATION OR CLUSTERING OF MMTS
i) All DENR-EMB RO are enjoined to cluster, merge or integrate MMTs based
onsectoral (e.g. project types) or spatial considerations (e.g. at the area,
municipal, or provincial level) as may be appropriate.

ii) The streamlining of MMT shall be guided by the following guidelines:

For projects located in a contiguous area (e.g., industrial zone or parks), only
one (1) MMT should be created. Each project Proponent or locator may be
allowed one (1) representative provided that the agreed upon limit on the
number of Proponents representative is not exceeded.

Existing MMTs for projects other than those required an EIS in the ECC
application stage, shall be merged or integrated at the municipal or
provinciallevel, or by sector, whichever is practical.

The contributions of Proponents to the EMF fund shall be decided on a

consensus basis. The size of the project and the types of its discharges,
among others, may be used as criteria to determine the share of a specific
Proponent. In the event of failure to agree on a sharing scheme, the MMT
Executive Committee or its Officers shall prescribe the shares or
contribution of each Proponent.
INTEGRATION OR CLUSTERING OF MMTS
iii) The guidelines on the composition of MMT may be
refined or revised accordingly to correspond to the
particular conditions and characteristics of the area
where the integrated MMT will have jurisdiction.
 COMPLIANCE EVALUATION REPORT (CER)

Documentation by the EMB of its evaluation of the

CMVR & CER
Semi-annual (Jan & July)
2nd CER : should include a summary evaluation of the
trend analysis and cumulative envtl performance of
the proponent as validated by the MMT

12/11/2008 112
 PROJECTS W/O MMT
Validation function shall likewise be the
responsibility of the EMB RO
Same CER form shall be used as a template but
incorporating relevant tables in the CMVR form

12/11/2008 113
Projects not subject to monitoring under
the Philippine EIS System
Projects issued Certificate of Non-
Coverage (CNC)

Projects issued ECCs under the old

IRRs of P.D. 1586 but are now non-
covered (upon written confirmation by
the EMB provided the Proponents do
not have pending accountabilities )
 SCOPE OF VIOLATIONS
Projects with or w/o ECCs which pose grave and/or
irreparable danger to environment, life & property (wherein
causes re not regulated by any specific environmental law)
Covered projects established and/or operating w/o ECCs
Violations of ECC Conditions, EMP/EMoP and other
commitments as specified in the EIA Report
Misrepresentation in the EIA Report or any other EIA
documents
CLASSIFICATION OF VIOLATIONS TO ECC CONDITIONS

Minor Offense administrative conditions

violation w/c will not have direct
significant impact, e.g.:
Non-submission or delay in submission of
reports/requirements
Transfer of ownership w/o informing
DENR
Delay or failure to initiate formation of
EU, MMT, etc.
CLASSIFICATION OF VIOLATIONS TO ECC CONDITIONS
Major Offense violations of substantive
conditions in the ECC and the EIS System
Procedures that will have significant impact on
the environment such as:
Non-implementation of substantive conditions in
the ECC such as the implementation of the EMP
& EMoP
Exceedance of project limits or area
Major change in the project process or technology
PENALTY FOR VIOLATION (SEC 9 OF PD 1586)

Not to exceed fifty thousand

(PhP50,000) for every violation
Violation of section 4 of PD 1586
Violation of Conditions of the ECC
Violation of standards, rules & regulations
SCHEDULE OF PENALTY REDUCTION IN CASE OF
OPERATING WITHOUT ECC (TABLE 2-2 RPM)

PERCENT EQUIVALENT
CRITERIA REDUCTION IN AMOUNT IN PESO
PENALTY TO BE DEDUCTED

1. Timing of ECC Application

Proponent Applied for ECC before issuance of NOV 25 12,500
2. Percentage Project Completion
Project is 25% complete 10 5,000
Project is > 25% but < 50% complete 5 2,500
Project is >50% complete 0 0
3. Project Cost
Project < PhP 5.0 M 20 10,000
Project is >PhP 5.0M 10 5,000
4. Project Impact on the Environment
Project does not cause adverse environmental impacts 25 12,500
Note: A maximum of 80% reduction in penalty can only be imposed provided that the project
Proponent meets all of the above criteria.
Table 2-3. Schedule of Penalty Reduction in case of Violations of ECC Conditions

SCHEDULE OF PENALTY REDUCTION IN CASE OF

VIOLATION OF ECC CONDITIONS (TABLE 2-2 RPM)
CRITERIA PENALTY
1st Offense 2nd Offense 3rd Offense 4th Offense
PhP 50,000 plus ECC
suspension with option of
DENR-EMB to cease
Minor operations if deemed
PhP 10,000.00 PhP 25,000.00 PhP 50,000.00
Offenses necessary but with
corresponding
requirement for continued
EMP implementation
PhP 50,000 plus ECC
suspension with option of
DENR-EMB to cease
Major operations if deemed
PhP 25,000.00 PhP 50,000.00
Offenses necessary but with
corresponding
requirement for continued
EMP 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 sustains
the active commitments of the Proponent
to comply with ECC conditions and with
environmental regulations
EXPIRY OF ECC
Not implemented w/in 5 years from ECC
issuance
ECC has not been requested to be extended
w/in 3 months from the expiration of the 5-
years

New ECC is necessary if baseline characteristics

have significantly changed to the extent that the
impact assessment w/c was the basis of the EMP is
no longer appropriate
Effectivity of Revised Procedural Manual

Immediate but full implementation is

January 2008 to allow for adequate time for
orientations and trainings
Continual Improvement through the
feedback form provided
Thank You