ENVIRONMENTAL IMPACT ASSESSMENT (EIA)

The country’s statutory framework requiring Environmental Impact Assessment (EIA) for all projects that will affect environmental quality is embodied in Presidential Decree (PD) 1151 of 1977.

The Philippine Environmental Impact Statement System (PEISS) established through Presidential Decree 1586 in 1978 sets a systematic EIA System to ensure that the Filipino people will enjoy a “balanced and healthy ecology” in the midst of intensive economic development.

The PEISS takes its roots in the provisions of the Philippine Constitution which states that “The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature”.

It requires Environmental Impact Statements (EIS – a Report on the EIA Results) to be submitted to the National Environmental Protection Council (NEPC), now the Environmental Management Bureau (EMB) of the Department of Environment and Natural Resources (DENR) for review and evaluation.

It further stipulates that the President or his duly authorized representative issues the Environmental Compliance Certificate (ECC) for a positive review of the EIA Report for Environmentally Critical Projects (ECP) and projects within Environmentally Critical Areas (ECA).

Administrative Order No. 42 specifies that the DENR Secretary, as alter ego of the President, has the power to grant or deny ECCs on behalf of the President and further designates the Environmental Management Bureau (EMB) Central and Regional Directors as approving authorities for ECC applications.

What is EIA?• Environmental Impact Assessment (EIA)

represents both a process and a set of information.

• It is normally undertaken in compliance with environmental laws to determine the environmental effects of a proposed action prior to its implementation.

• It is a management tool to arrive at the right decisions and not as a means to justify predetermined notions.

How to come up with the right decisions?Resource managers need to know…• Environmental impact of the projects;• Possible costs on environmental resources• The risk of causing irreversible changes.

EIA provides the answers by • describing the proposed action and alternatives;• predicting the nature and magnitude of likely

environmental changes; • identifying the relevant human concerns;

• defining to be used in measuring the significance of environmental changes;

• Including relative weighing given to different changes;

• Estimating the significance of predicted environmental changes;

• Recommending acceptance or rejection of the project;

• Recommending inspection procedures to be followed after the action is completed.

OVERVIEW: PHILIPPINE EIA SYSTEMAn Environmental Impact Assessment (EIA) is a "process that involves predicting and evaluating the likely impacts of a project (including cumulative impacts) on the environment during construction, commissioning, operation and abandonment.

In the country, the Philippine Environmental Impact Statement System (PEISS) established through Presidential Decree (PD) 1586 in 1978 sets a systematic EIA System and the Environmental Management Bureau (EMB) of the Department of Environment and Natural Resources (DENR) is mandated as the lead agency in the implementation of the System.

As a basic principle, the Philippine EIA System is used to enhance planning and guide decision making. Through the EIA process, adverse environmental impacts of proposed actions are intended to be considerably reduced through the subsequent formulation of appropriate Environmental Management and Monitoring Plans.

A positive review of the EIA Report results to the issuance of an Environmental Compliance Commitment (ECC) document to be conformed to by the Proponent and represents the project/program’s Environmental Compliance Certificate .

The issuance of the ECC which is required for Environmentally Critical Projects (ECPs) and projects within Environmentally Critical Areas (ECAs) allows the project to proceed to the next stage of project planning which is the acquisition of approvals from other government agencies and LGUs, after which the project can start implementation.

THE EIA PROCESS IN RELATION TO ENFORCEMENTOF OTHER LAWS

The PEISS is supplementary and complementary to other existing environmental laws.

As early as the project's Feasibility Study (FS) stage, the EIA process identifies the likely issues or impacts that may be covered later by regional environmental permits and other regulatory bodies' permitting requirements.

In addition, where there are yet no standards or where there is a lack of explicit definitions in existing laws, the EIA process fills in the gap and provides appropriate cover for environmental protection and enhancement-related actions.

For example, the planting of greenbelts is not a requirement under any environmental law but is included in the ECC as a contractual obligation and commitment of the project proponent to the DENR.

Environmental Management Bureau (EMB) of the DENR is the lead agency tasked to coordinate the implementation of the EIA system in the country and recommends the issuance of ECC for environmentally critical projects.

Two Types of Documents may be required in the EIA Process: 1. Project Description (PD)2. Environmental Impact Statement (EIS)

Project Description (PD) – is essentially a brief description of the proposed undertaking and the required resources. This is required if the project is non-critical but is to be located in an environmentally critical area.

Environmentally Impact Statement (EIS) – is a detailed and in-depth analysis of the environmental consequence of a particular project.

Generally, the Philippine EIA process, is composed of the following steps:

1. Any project proponent should initially determine whether the project falls within the EIS system.

2. If the project falls within the EIA system, either the PD or the EIS is submitted to the relevant DENR Regional Office or the EMB.

3. The EIA Group of either the EMB or the DENR Regional Office, with the assistance of the EIA Review Committee, conducts evaluation of the submitted documents and recommends one of the following actions:

a. Issuance of an ECC with the necessary stipulations,b. Requirement of additional information from the

project proponent,c. Denial of the ECCd. The additional information from the proponents, if

any, will be reviewed and evaluated, and a visual inspection of the project site may be conducted before the ECC is granted.

e. A public hearing may be held for certain projects, in accordance with set criteria involving magnitude and controversy.

THE EIA STAGES

Guidelines for Reviewing EIA Report

1. Documentation aspect which pertains to the physical acceptance, contents, and format of the report.

2. Substantive aspect which pertains to the accuracy of data and integrity of the information presented in the report.

3. Assessment aspect which pertains to the quality of the analysis of impacts.

Description or Category of Enterprise, Construction or Development which require Environmental Impact Assessment

Industrial projects * power generation plants * electrical transmission lines and substations 115 KV or greater * chemical manufacturing plants * wood pulp and paper processing * paint manufacture * petroleum refinery * food processing large scale * fish and meat processing, large scale

* tanneries * electroplating/metal planting * ferrous and non-ferrous metal processing * mining and mineral processing - bauxite - peat - sand, minerals * detergent manufacture * distillery * cement and lime production * textile manufacture * pesticide or other hazardous or toxic substances manufacture

Development projects * subdivisions of 10 or more lots * housing projects of 10 houses or more * highway and road construction or remodelling * railway lines * hotel/resort complex of 12 rooms or more * airports including runway expansion greater than 20% * harbour and port including dredging * office complex >5000 sq. metres * pipelines and conveyors >15 cm including underground cables, gas line * construction of new highways, arterial roads and major road improvement

* river basin development projects

Other projects * cemeteries and crematoriums * solid waste treatment and disposal facility including agricultural waste * water treatment facilities (water supply, desalination plants sewage and industrial waste water) * hazardous waste storage, treatment and disposal facilities

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