DENR Adm. Order No. 2003-30: Implementing Rules and Regulations (IRR) for the Philippine Environmental Impact Statement (EIS) System

Republic of the Philippines
Department of Environment and Natural Resources
Visayas Avenue, Diliman, Quezon City
Tel Nos. (632) 920-4301 | (632) 928-0691 to 93
924-2540 | 928-8592
929-6626 loc. 2012 – 2014
DENR Administrative Order No. 2003- 30
SUBJECT: Implementing Rules and Regulations (IRR) for the Philippine
Environmental Impact Statement (EIS) System
Consistent with the continuing effort of the Department of Environment and Natural
Resources (DENR) to rationalize and streamline the implementation of the Philippine
Environmental Impact Statement (EIS) System established under Presidential Decree
(PD) No. 1586, Presidential Proclamation No. 2146 defining the scope of the EIS System
and pursuant to Administrative Order No. 42 issued by tile Office of the President on
November 2, 2002, the following rules and regulations are hereby promulgated;
ARTICLE I
BASIC POLICY, OPERATING PRINCIPLES, OBJECTIVES AND
DEFINITION OF TERMS
Section 1. Basic Policy and Operating Principles
Consistent with the principles of sustainable development, it is the policy of the DENR to
implement a systems-oriented and integrated approach to the LIS system to ensure a
rational balance between socio-economic development and environmental protection for
the benefit of present and future generations.
The following are the key operating principles in the implementation of the Philippine
EIS System:
a. The EIS System is concerned primarily with assessing the direct and indirect
impacts of a project on the biophysical and human environment and ensuring that
these impacts P re addressed by appropriate environmental protection and
enhancement measures.
b. The EIS System aids proponents in incorporating environmental considerations in
planning their projects as well as in determining the environment's impact on their
project.
c. Project proponents are responsible for determining and disclosing all relevant
information necessary for a methodical ' assessment of the environmental impacts
of their projects;
d. The review of the EIS by EMB shall be guided by three general criteria: (1) that
environmental considerations are integrated into the overall project planning, (2)
that the assessment is technically sound and proposed
environmental mitigation, measures are effective, and (3) that , social
acceptability is based on informed public participation;
e. Effective regulatory review of the EIS depends largely on timely full; and
accurate disclosure of relevant: information by project proponents and, other
stakeholders in the EIA process
f. The social acceptability of a project is a result of meaningful public participation,
which shall be assessed as part of the Environmental Compliance Certificate
(ECC) application, based on concerns related to the project's environmental
impacts;
g. The timelines prescribed by this Order, within which an Environmental -
Compliance Certificate must be issued, or denied, apply only to processes and
actions within the Environmental Management Bureau's (EMB) control and do
not include actions or activities that are the responsibility of the proponent.
Section 2. Objective
The objective of this Administrative Order is to rationalize and streamline the EIS
System to make it more effective as a project planning and management tool by:
a. Making the System more responsive to the demands and needs of the project
proponents and the various stakeholders;
b. Clarifying the, coverage of the System and updating it to take into consideration
industrial and technological innovations and trends
c. Standardizing requirements to ensure focus on critical environment parameters;
d. Simplifying procedures for processing ECC applications, and establishing
measures to ensure adherence to ECC conditions by project proponents, and
e. Assuring that critical environmental concerns are addressed during project
development and implementation
Section 3. Definition of Terms
For the purpose of this Order, the following definitions shall be applied;
a. Certificate, of Non-Coverage - a certification issued by the EMB certifying that,
based on the submitted project description, the project is not covered by the EIS
System and is not required to secure an ECC
b. Co-located projects / undertakings- projects, or series of similar projects or a
project subdivided to several phases and/or stages by the same proponent, located
in contiguous areas.
c Environment - Surrounding air, water (both ground and surface), land, flora,
fauna, humans and their interrelations.
d. Environmental Compliance Certificate (ECC)- document issued by the
DENR/EMB after a positive review of an ECC application, certifying that based
on the representations of the proponent, the proposed project or undertaking will
not cause significant negative: environmental impact. The ECC also certifies that
the proponent has complied with all the requirements of the EIS System and has
committed to implement its approved Environmental Management Plan. The ECC
contains specific measures and conditions that the project proponent has to
undertake before and during the operation of a project, and in some cases, during
the project's abandonment phase to mitigate identified environmental impacts.
e. Environmentally Critical Area (ECA) - area delineated as environmentally
sensitive such that significant environmental impacts are expected if certain types
of proposed projects or programs are located, developed or, implemented in it.
f. Environmentally Critical Project (ECP) - project or program that has high
potential for significant negative environmental impact.
g. Environmental Guarantee Fund (EGF) - fund to be set up by a project proponent
which shall be readily accessible and disbursable for the immediate clean-up or
rehabilitation of areas affected by damages in the environment and the resulting
deterioration of environmental quality as a direct consequence of a project's
construction, operation or abandonment. It shall likewise be used to compensate
parties and communities affected by the negative impacts of the project, and to
fund community-based environment related projects including, but not limited to,
information and education and emergency preparedness programs.
h. Environmental Impact Assessment (EIA) - process that involves evaluating and
predicting the likely impacts of a project (including cumulative impacts) on the
environment during construction, commissioning, operation and abandonment. It
also includes designing appropriate preventive, mitigating and enhancement
measures addressing these consequences to protect the environment and the
community's welfare. The process is undertaken by, among others, the project
proponent and/or EIA Consultant, EMB, a Review Committee, affected
communities and other stakeholders.
i. Environmental Impact Assessment Consultant - a professional or group of
professionals commissioned by the proponent to prepare the EIS/IEE and other
related documents. In some cases, the person or group referred to may be the
proponent's technical staff.
j. Environmental Impact Assessment Review Committee (EIARC) - a body of
independent technical experts and professionals of known probity from various
fields organized by the EMB to evaluate the EIS and other related documents and
to make appropriate recommendations regarding the issuance or non-issuance of
an ECC.
k. Environmental Impact Statement (EIS) - document, prepared and submitted by
the project proponent and/or EIA Consultant that serves as an application for an
ECC. It is a comprehensive study of the significant impacts of a project on the
environment. It includes an Environmental Management Plan/Program that the
proponent will fund and implement to protect the environment.
l. Environmental Management Plan/Program (EMP) - section in the EIS that details
the prevention, mitigation, compensation, contingency and monitoring measures
to enhance positive impacts and minimize negative impacts and risks of a
proposed project or undertaking. For operating projects, the EMP can also be
derived from an EMS,
m. Environmental Management Systems (EMS) - refers to the EMB PEPP EMS as
provided for under DAO 2003-14, which is a part of the overall management
system of a project or organization that includes environmental policy,
organizational structure, planning activities, responsibilities, practices,
procedures, processes and resources for developing, implementing, achieving,
reviewing and maintaining an improved overall environmental performance.
n. Environmental Monitoring Fund (EMF) -fund that a proponent shall set up after
an ECC is issued for its project or undertaking, to be used to support the activities
of the multi-partite monitoring team. It shall be immediately accessible and easily
disbursable.
o. Environmental Performance - capability of proponents to mitigate environmental
impacts of projects or programs.
p. Environmental Performance Report and Management Plan (EPRMP) -
documentation of the actual cumulative environmental impacts and effectiveness
of current measures for single projects that are already operating but without
ECC's, i.e., Category A-3. For Category B-3 projects, a checklist form of the
EPRMP would suffice.
q. Environmental Risk Assessment (ERA) - assessment, through the use of
universally accepted and scientific methods, of risks associated with a project. It
focuses on determining the probability of occurrence of accidents and their
magnitude (e.g. failure, of containment or exposure to hazardous materials or
situations.)
r. EMS-based EMP - environmental management plan based on the environmental
management system (EMS) standard as defined in the DAO 2003-14.
s. Initial Environmental Examination (IEE) Report - document similar to an EIS, but
with reduced details and depth of assessment and discussion.
t. 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 and assess a project's environmental impacts and the
mitigation/enhancement measures to address such impacts.
u. Multipartite Monitoring Team (MMT) - community-based multi-sectoral team
organized for the purpose of monitoring the proponent's compliance with ECC
conditions, EMP and applicable laws, rules and regulations.
v. Programmatic Environmental Impact Statement (PEIS) - documentation of
comprehensive studies on environmental baseline conditions of a contiguous
area. 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),
w. Programmatic Environmental Performance Report and Management Plan
(PEPRMP) - documentation of actual cumulative environmental impacts of colocated
projects with proposals for expansion. The PEPRMP should also describe
the effectiveness of current environmental mitigation measures and plans for
performance improvement.
x. Project Description (PD) - document, which may also be a chapter in an EIS, that
describes the nature, configuration, use of raw materials and natural resources,
production system, waste or pollution generation and control and the activities of
a proposed project. It includes a description of the use of human resources as well
as activity timelines, during the pre-construction, construction, operation and
abandonment phases. It is to be used for reviewing co-located and single projects
under Category C, as well as for Category D projects.
Y. Project or Undertaking - any activity, regardless of scale or magnitude, which
may have significant impact on the environment.
z. Proponent - any natural or juridical person intending to implement a project or
undertaking.
aa. Public Participation - open, transparent, gender-sensitive, and community based
process aimed at ensuring the social acceptability of a project or undertaking,
involving the broadest range of stakeholders, commencing at the earliest possible
stage, of project design and development and continuing until post-assessment
monitoring.
bb. Procedural Review - phase in the ECC application review process to check for the
completeness the required documents, conducted by EIAM Division at the EMB
Central Office or Regional Office.
cc. Process Industry - an industry whose project operation stage involves chemical,
mechanical or other processes.
dd. Scoping - the stage in the EIS System where information and project impact
assessment requirements are established to provide the proponent and the
stakeholders the scope of work and terms of reference for the EIS.
ee. Secretary - the Secretary of the DENR.
ff. Social Acceptability - acceptability of a project by affected communities based on
timely and informed participation in the EIA process particularly with regard to
environmental impacts that are of concern to them.
gg. Stakeholders - entities who may be directly and significantly affected by the
project or undertaking.
hh. Substantive Review - the phase in the EIA process whereby the document
submitted is subjected to technical evaluation by the EIARC.
ii. Technology - all the knowledge, products, processes, tools, methods and systems
employed in the creation of goods or providing services.
ARTICLE II
ECC APPLICATION PROCESSING AND APPROVAL PROCEDURES
Section 4. Scope of the EIS System
4.1 In general, only projects that pose potential significant impact to the environment
shall be required to secure ECC's. In coordination with the Department of Trade and
Industry (DTI) and other concerned government agencies, the EMB is authorized to
update or make appropriate revisions to the technical guidelines for EIS System
implementation.
4.2 The issuance of ECC or CNC for a project under the EIS System does not exempt
the proponent from securing other government permits and clearances as required by
other laws.
In determining the scope of the EIS System, two factors are considered: (i) the nature of
the project and its potential to cause significant negative environmental impacts, and (ii)
the sensitivity or vulnerability of environmental resources in the project area.
4.3 The specific criteria for, determining projects or undertakings to be covered by
the EIS System are as follows:
a. Characteristics of the project or undertaking
• Size of the project
• Cumulative nature of impacts vis-a-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
The following are the categories of projects/undertakings under the EIS system:
Category A. Environmentally Critical Projects (ECPs) with significant potential
to cause negative environmental impacts
Category B. Projects that are not categorized as ECPs, but which may cause
negative environmental impacts because they are located in Environmentally
Critical Areas (ECA's)
Category C. Projects intended to directly enhance environmental quality or
address existing environmental problems not falling under Category A or B.
Category D. Projects unlikely to cause adverse environmental impacts.
4.4 Proponents of co-located or single projects that fall under Category A and B are
required to secure ECC. For co-located projects, the proponent has the option to secure a
Programmatic ECC. For ecozones, ECC application may be programmatic based on
submission of a programmatic EIS, or locator-specific based on submission of project
EIS by each locator.
4.5 Projects under Category C are required submit Project Description.
4.6 Projects classified under Category D may secure a CNC. The EMB-DENR,
however, may require such, projects or undertakings to provide additional environmental
safeguards as it may deem necessary. ,
4.7 Projects/undertakings introducing new technologies or construction technique but
which may cause significant negative environmental impacts shall be required to submit a
Project Description Which will be used as basis by EMB for screening the project and
determining its category.
Section 5. Requirements for Securing Environmental Compliance Certificate (ECC)
and Certificate of Non-Coverage (CNC)
5.1 Documentary Requirements for Proponents
ECC processing requirements shall focus on information needed to assess critical
environmental impacts of projects. Processing requirements shall be customized based on
the project categories.
The total maximum processing time reckons from the acceptance of the ECC/CNC
application for substantive review up to the issuance of the decision
5.2 Forms and Contents of EIA Study Reports and Other Documents Required
Under the EIS System
The following are the different forms of EIA study reports and documents required under
the EIS System. DENR employees are prohibited from taking part in the preparation of
such documents.
The DENR/EMB shall limit to a maximum of two (2) official requests (in writing) to the
project proponent for additional information, which shall be made within the first 75% of
the processing timeframe shown in Section 5.1.1.
5.2.1. Environmental Impact Statement (EIS).
The EIS should contain at least the following:
a. EIS Executive Summary;
b. Project Description;
c. Matrix of the scoping agreement identifying critical issues and concerns, as
validated by EMB;
d. Baseline environmental conditions focusing on the sectors (and resources) most
significantly affected by the proposed action;
e. Impact assessment focused on significant environmental impacts (in relation to
project construction/commissioning, operation and decommissioning), taking into
account cumulative impacts;
f. Environmental Risk Assessment if determined by EMB as necessary during
scoping;
g. Environmental Management Program/Plan;
h. Supporting documents; including technical/socio-economic data used/generated;
certificate of zoning viability and municipal land use plan; and proof of
consultation with stakeholders;
i. Proposals for Environmental Monitoring and Guarantee Funds including
justification of amount, when required;
j. Accountability statement of EIA consultants and the project proponent; and
k. Other clearances and documents that may be determined and agreed upon during
scoping.
5.2.2. Initial Environmental Examination (IEE) Report
IEE Report is similar to an EIS, but with reduced details of data and depth of assessment
and discussion.
It may be customized for different types of projects under Category B. The EMB shall
coordinate with relevant government agencies and the private sector to customize
and update IEE Checklists to further streamline ECC processing, especially for small and
medium enterprises.
5.2.3. Programmatic Environmental Impact Statement (PEIS)
The PEIS shall contain the following:
a. Executive Summary;
b. Project Description;
c. Summary matrix of scoping agreements as validated by EMB;
d. [-co-profiling of air, land, water, and relevant people aspects;
e. Environmental carrying capacity analysis;
f. Environmental Risk Assessment (if found necessary during scoping);
g. Environmental Management Plan to include allocation scheme for
discharge of pollutants; criteria for acceptance of locators, environmental
management guidebook for locators, and environmental liability scheme;
h. Duties of the Environmental Management Unit to be created;
i. Proposals for Environmental Monitoring & Guarantee Funds and terms of
reference for the Multi-partite Monitoring Team, and
j. Other supporting documents and clearances that may be agreed during the
scoping.
5.2.4. Programmatic Environmental Performance Report and Management
Plan (PEPRMP).
The PEPRMP shall contain the following:
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.
5.2.5. Environmental Performance Report and Management Plan (EPRMP).
The EPRMP shall contain the following:
a. Project Description;
b. Baseline conditions for critical environmental parameters;
c. Documentation of the environmental performance based on the current/past
environmental management measures implemented;
d. Detailed comparative, description of the proposed project expansion and/or
process modification with corresponding material and energy balances in the case
of process industries, and
e. EMP based on an environmental management system framework and standard set
by EMB.
5.2.6. Project Description (PD)
The PD shall be guided by the definition of terms and shall contain the following:
and update IEE Checklists to further streamline ECC processing, especially for small and
medium enterprises.
5.2.3. Programmatic Environmental Impact Statement (PEIS)
The PEIS shall contain the following:
a. Executive Summary;
b. Project Description;
c. Summary matrix of scoping agreements as validated by EMB;
d. [-co-profiling of air, land, water, and relevant people aspects;
e. Environmental carrying capacity analysis;
f. Environmental Risk Assessment (if found necessary during scoping);
g. Environmental Management Plan to include allocation scheme for
discharge of pollutants; criteria for acceptance of locators, environmental
management guidebook for locators, and environmental liability scheme;
h. Duties of the Environmental Management Unit to be created;
i. Proposals for Environmental Monitoring & Guarantee Funds and terms of
reference for the Multi-partite Monitoring Team, and
j. Other supporting documents and clearances that may be agreed during the
scoping.
5.2.4. Programmatic Environmental Performance Report and Management
Plan (PEPRMP).
The PEPRMP shall contain the following:
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 the environmental management system framework and
standard set by EMB.
5.2.5. Environmental Performance Report and Management Plan (EPRMP) .
The EPRMP shall contain the following:
a. Project Description;
b. Baseline conditions for critical environmental parameters;
c. Documentation of the environmental performance based on the current/past
environmental management measures implemented;
d. Detailed comparative, description of the proposed project expansion and/or
process modification with corresponding material and energy balances in the case
of process industries, and
e. EMP based on an environmental management system framework and standard set
by EMB.
5.2.6. Project Description (PD)
The PD shall be guided by the definition of terms and shall contain the following:
a. Description of the project;
b. Location and area covered;
c. Capitalization and manpower requirement;
d. 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:
e. 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
f. A detailed location map of the impacted site showing relevant features (e.g. slope,
topography, human settlements).
g. Timelines for construction and commissioning .
5.2.7. EMS-based EMP.
The EMS-based EMP 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.
5.3 Public Hearing 1 Consultation Requirements
For projects under Category A-1, the conduct of public hearing as part of the EIS review
is mandatory unless otherwise determined by EMB. For all other undertakings, a public
hearing is not mandatory unless specifically required by EMB. .
Proponents should initiate - public consultations early in order to ensure that
environmentally relevant concerns of stakeholders are taken into consideration in the EIA
study and the formulation of the management plan, All public consultations and public
hearings conducted during the EIA process are to be documented. The public hearing/
consultation Process report shall be validated by the EMB/EMB RD and shall constitute
part of the records of the EIA process.
5.4 Documentation Requirements for DENR-EMB and EIA Reviewers
The EMB Central Office as well as the EMB Regional Offices shall document the
proceedings of the ECC application process and shall set up and maintain relevant
information management systems. The documentation shall, at a minimum, include the
following:
5.4.1. Review Process Report
This is to be prepared by the EMB Central or EMB RO. It is to be forwarded to the
DENR Secretary or RD as reference for decision-making and maintained as part of the
records on the ECC application. The report should contain at least the following:
a. Summary of the environmental impacts of the undertaking, along with the
proposed mitigation and enhancement measures;
b. Key issues/concerns and the proponent's response to these;
c. Documentation of compliance with procedural requirements;
d. Acceptability of proposed EMP including the corresponding cost of mitigation,
EGF and EMF if required;
e. Key bases for the decision on the ECC application.
5.4.2. EIARC Report
This report, to be prepared by the EIA Review Committee, forms part of the EIS review
documentation. The EIARC Report shall be written by the designated member of the
EIARC and signed by all the members within five days after the final review meeting. If
an EIARC member dissents, he or she must submit a memorandum to the EMB Director
through the EIARC Chairman his or her reasons for dissenting.
At a minimum the EIARC report should contain;
a. Detailed assessment of the proposed mitigation and enhancement measures for
the identified environmental impacts and risks;
b. Description of residual or unavoidable environmental impacts despite proposed
mitigation measures;
c. Documentation of compliance with technical/substantive review criteria;
d. Key issues/concerns and the proponent's response to these, including social
acceptability measures;
e. Assessment of the proposed EMP (including risk reduction/management plan)
and amounts proposed for the Environmental Guarantee Fund and the
Environmental Monitoring Fund, and
f. Recommended decision regarding the ECC application as well as proposed
ECC conditions.
5.4.3. Decision Document
This is an official letter regarding the decision on the application. It may be in the form of
an Environmental Compliance Certificate or a Denial Letter. The ECC shall contain the
scope and limitations of the approved activities, as well as conditions to ensure
compliance with the Environmental Management Plan. The ECC shall 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.
A Denial Letter on the other hand shall specify the bases for the decision.
The ECC or Denial Letter shall be issued directly to the project proponent or its duly
authorized representative, and receipt of the letter shall be properly documented.
The ECC of a project not implemented within five years from its date of issuance is
deemed expired. The Proponent shall have to apply for a new ECC if it intends to pursue
the project. The reckoning date of project implementation is the date of ground breaking,
based on the proponent's work plan as submitted to the EMB.
Section 6. Appeal
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:
a. Grave abuse of discretion on the part of the deciding authority, or
b. 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.
The proponent or any stakeholder may file an appeal to the following:
Deciding Authority Where to file the appeal
EMB Regional Office Director Office of the EMB Director
EMB Central Office Office of the DENR Secretary
DENR Secretary Office of the President
Section 7. The EIA Process in Relation to the Project Planning Cycle
Proponents are directed under AO 42 to conduct simultaneously the environmental
impact study and the project planning or feasibility study. EMB may validate whether or
not the EIS was integrated with project planning by requiring relevant documentary
proofs, such as the terms of reference for the feasibility study and copies of the feasibility
study report.
The EMB shall study the potential application of EIA to policy-based undertakings as a
further step toward integrating and streamlining the EIS system.
Section 8. EIS System Procedures
8.1 Manual of Procedures
8.1.1. The procedures to enable the processing of ECCICNC applications within
the timeframes, specified in AO 42 shall be prescribed in a Procedural Manual to
be issued by the EMB Central Office within ninety (90) days from the date of this
Order.
8.1.2. The Manual of Procedures shall be updated as the need arises to continually
shorten the review and approval/denial timeframes where feasible. Formulation of
said procedures shall conform to the following guidelines;
8.2 Processing Timeframe
8.2.1. If no decision is made within the specified timeframe, the ECC/CNC
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;
8.2.2. In cases where ECC issuance cannot be decided due to the proponent's
inability to submit required additional information within the prescribed
period, the EMB shall return the application to the proponent. The project
proponent may resubmit its application, including the required additional
information, within one (1) year for Category A projects and six (6)
months for Category B projects without having to pay processing and
other fees. Otherwise, the matter shall be treated as a new application.
8.2.3. In cases where EMB and the project proponent have exhausted all
reasonable efforts to generate the information needed for deciding on the
ECC/CNC application, the responsible authority (Secretary or EMB
Director/ Regional Director), shall make a decision based on the available
information so as to comply with the prescribed timeframe. The decision
shall nonetheless reflect a thorough assessment of impacts taking into
consideration (i) the significance of environmental impacts and risks; (ii)
the carrying capacity of the environment; (iii) equity issues with respect to
use of natural resources, (iv) and the proponent's commitment, to institute
effective environmental management measures.
8.3 Amending an ECC
Requirements for processing ECC amendments shall depend on the nature of the request
but shall be focused on the information necessary to assess the environmental impact of
such changes.
8.3.1. Requests for minor changes to ECCs such as extension of deadlines for
submission of post-ECC requirements shall be decided upon by the endorsing
authority.
8.3.2. Requests for major changes to ECCs shall be decided upon by the deciding
authority.
8.3.3. For ECCs issued pursuant to an IEE or IEE checklist, the processing of the
amendment application shall not exceed thirty (30) working days; and for
ECCs issued pursuant to an EIS, the processing shall not exceed sixty (60)
working days. Provisions on automatic approval related to prescribed timeframes
under AO 42 shall also apply for the processing of applications to amend ECCs.
Section 9. Monitoring of Projects with ECCs
Post ECC monitoring of projects shall follow these guidelines. Other details on
requirements for monitoring of projects with ECCs shall be stipulated in a procedural
manual to be formulated by EMB.
9.1 Multipartite Monitoring Team
For projects under Category A, a multi-partite monitoring team (MMT) shall be formed
immediately after the issuance of an ECC. Proponents required to establish an MMT shall
put up an Environmental Monitoring Fund (EMF) not later than the initial construction
phase of the project.
The MMT shall be composed of representatives of the proponent and of stakeholder
groups, including representatives from concerned LGU's, locally accredited NGOs/POs,
the community, concerned EMB Regional Office, relevant government agencies, and
other sectors that may be identified during the negotiations. The team shall be tasked to
undertake monitoring of compliance with ECC conditions as well as the EMP. The MMT
shall submit a semi-annual monitoring report within January and July of each year.
The EMB shall formulate guidelines for operationalizing area-based or cluster-based
MMT. The Bureau may also develop guidelines for delegating, monitoring
responsibilities to other relevant government agencies as may be deemed necessary.
For projects whose significant environmental impacts do not persist after the construction
phase or whose impacts could be addressed through other regulatory means or through
the mandates of other government agencies, the operations of MMT may be terminated
immediately after construction or after a reasonable period during implementation.
9.2 Self-monitoring and Third Party Audit
The proponent shall also conduct regular self-monitoring of specific parameters indicated
in the EMP through its environmental unit. The proponent's environmental unit shall
submit a semi-annual monitoring report within January and July of each year.
For projects with ECCs issued based on a PEPRMP, EPRMP, or an EMS-based EMP, a
third party audit may be undertaken by a qualified environmental or EMS auditor upon
the initiative of the proponent and in lieu of forming an MMT. The said
proponent shall submit to EMB a copy of the audit findings and shall be held accountable
for the veracity of the report. The EMB may opt to validate the said report.
9.3 Environmental Guarantee Fund
An Environmental Guarantee Fund (EGF) shall be established for all co-located or single
projects that have been determined by DENR to pose a significant public risk or where
the project requires rehabilitation or restoration. An EGF Committee shall be formed to
manage the fund. It shall be composed of representatives from the EMB Central Office,
EMB Regional Office, affected communities, concerned LGUs, and relevant government
agencies identified by EMB.
An integrated MOA on the MMT-EMF-EGF shall be entered into among the EMB
Central Office, EMB Regional Office, the proponent, and representatives of concerned
stakeholders.
9.4 Abandonment
For projects that shall no longer be pursued, the proponent should inform EMB to relieve
the former from the requirement for continued compliance with the ECC conditions. For
projects that have already commenced implementation, an
abandonment/decommissioning plan shall be submitted for approval by EMB at least six
(6) months before the planned abandonment/decommissioning. The implementation of
the plan shall be verified by EMB.
ARTICLE Ill
STRENGTHENING THE IMPLEMENTATION OF THE PHILIPPINE EIS
SYSTEM
Section 10. Coordination with other Government Agencies and other
Organizations
The DENR-EMB shall conduct regular consultations with DTI and other pertinent
government agencies, affected industry groups and other stakeholders on continually
streamlining the processing of ECC applications and post ECC implementation to fulfill
the policy and objectives of this administrative order.
The President shall be apprised of the issues raised as well as the actions taken by DENR
to address these issues whenever necessary.
Section 11. Information Systems Improvement
The information system on the EIS System implementation shall be improved for the
effective dissemination of information to the public. The information system shall include
regular updating of the status of ECC applications through a website and through other
means.
Section 12. Accreditation System
To enhance the quality of the EIS submitted to the DENR/EMB, the EMB shall establish
an accreditation system for individual professionals, academic and professional
organizations that can be tapped to train professionals in conducting EIA using training
modules approved by EMB.
The EMB shall also work with DTI-BPS for an accreditation system for environmental
and EMS auditors, consistent with provisions of DAO 2003-14 on the Philippine
Environmental Partnership Program.
Section 13. Creation of an HAM Division and Strengthening of Review and
Monitoring Capability
In order to effectively implement the provisions of this administrative order, the current
EIA ad hoc division at the EMB Central Office and the EMB Regional Offices that are
primarily in-charge of processing ECC applications and post-ECC monitoring shall be
converted to a full-pledged Environmental Impact Assessment and Management Division
(EIAMD). The Division shall have the following structure and functions:
13.1 The EIA Evaluation Section shall be in charge of screening projects for coverage
under the EIS System, EIS Scoping, and evaluation of EIS's and IEE's submitted for ECC
issuance. It shall have three units responsible, respectively, for screening for coverage,
EIS Scoping, and evaluation of ECC applications. The EMB may commission
independent professionals, experts from the academe and representatives from relevant
government agencies as members of the EIA Review Committee as may be deer 31d
necessary. Further, continual improvement of the technical capability of the Staff of the
EIA Division shall be undertaken.
13.2 The Impact Monitoring and Validation Section shall be in charge of monitoring
compliance to ECC conditions and implementation of the Environmental Management
Program (EMP): The unit shall also validate actual impacts as a basis for evaluating
environmental performance and effectiveness of the EMP.
13.3 In the EMB Central Office, there shall be a Systems Planning and Management
Section. It shall ensure that a continually improving systems-oriented and integrated
approach is followed in implementing the Philippine EIS System vis-a-vis national
development programs. The section shall have two units responsible for specific systemslevel
concerns: (1) Project Level Systems Planning and Management Unit; and (2)
Program and Policy Level Systems Planning and Management Unit. This section shall
also be responsible for technical coordination with the EIA Division in the different EMB
Regional Offices.
The organizational structure of the EMB Central Office is in Annex 1.
ARTICLE 1V
MISCELLANEOUS PROVISIONS
Section 14. Budget Allocation
For the effective implementation of this order, adequate funding should be provided
under the annual General Appropriations Act.
Per AU 42, the new position items for the EIA Division shall be created out of the
existing budget and vacant position items within the government service, which shall be
reclassified accordingly.
Section 15. Fees
All proponents, upon submission of the IEEIEIS and application for amendment, shall
pay filing fees and other charges in accordance with prescribed standard costs and fees
set by EMB in relation to the implementation of the Philippine EIS System, as shown in
Annex 2.
The proponent shall shoulder the cost of reviewing the EIS.
Section 16. Fines, Penalties And Sanctions
The EMB Central Office or Regional Office Directors shall impose penalties upon
persons or entities found violating provisions of P.D. 1586, and its Implementing Rules
and Regulations. Details of the Fines and Penalty Structure shall be covered by a separate
order.
The EMB Director or the EMB-RD may issue a Cease and Desist Order (CDO) based on
violations under the Philippine EIS System to prevent grave or irreparable damage to the
environment. Such CDO shall be effective immediately. An appeal or any motion seeking
to lift the CDO shall not stay its effectivity. However, the DENR shall act on such appeal
or motion within ten (10) working days from filing.
The EMB may publish the identities of firms that are in violation of the EIA Law and its
Implementing Rules and Regulations despite repeated Notices of Violation and/or Cease
and Desist Orders.
Section 17. Transitory Provisions
The DENR may extend reprieve to proponents of projects operating without ECC
(Categories A-3 and B-3) from penalties specified in PD 1586 upon registration with the
EMB Central Office. An Environmental Performance Report and Management Plan
(EPRMP) shall be submitted as a requirement for such ECC application within six
months from the signing of this Administrative order.
During the period that that the Procedural Manual and other necessary guidelines are
being prepared, existing guidelines which are consistent with the provisions of this Order
shall remain in effect. Adequate resources shall be provided for the formulation of the
Procedural Manual and for the effective implementation of this Order.
Section 18. Repealing Clause
This Order hereby supersedes Department Administrative Order No. 96-37, Department
Administrative Order No. 2000-37, DAO 2000-05 and other related orders, which are
inconsistent herewith.
Section 19. Effectivity
This Order shall take effect 15 days after its publication in a newspaper of general
circulation.

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