Amending the Revised Rules and Regulations Implementing P.D. 1586 (Environmental Impact Statement System) ( DENR Administrative Order No. 21-92 )
June 05, 1992
June 5, 1992
DENR ADMINISTRATIVE ORDER NO. 21-92
SUBJECT : Amending the Revised Rules and Regulations Implementing P.D. 1586 (Environmental Impact Statement System)
ARTICLE I
Policy Objectives and Definition of Terms
SECTION 1. Basic Policy
1.1 Consistent with the basic policy of the state to assure the availability and sustainability of the country's natural resources through its judicious use in order to achieve immediate economic gains and in pursuance to Presidential Decree 1586 and Proclamation 2146, the following amendments to the revised rules and regulations implementing the Environmental Impact Statement are hereby promulgated .
SECTION 2. Policy Objectives
1.2.1 To identify environmental constraints and opportunities of natural systems in order to guide the planning and development of project activities from the selection of appropriate site to the design, implementation and termination so that environmental considerations are incorporated in the early stages of project development.
1.2.2 To identify, predict and describe in appropriate terms the costs and benefits of development projects and assess the likely primary and secondary changes therein and systematically present the results for review and decision-making. cd
1.2.3 To ensure the success of development project through finding ways to reduce unacceptable impacts and prescribe the most appropriate and cost-effective mitigating measures.
1.2.4 To involved as much as possible a wide spectrum of concerned sectors and the adjacent communities who will be affected by the project development in the exchange of views, information and concerns in order to effect projects that are beneficial to the majority and acceptable to the community.
1.2.5 To provide the basis of assessing the actual impacts of implemented and completed projects and identify other significant impacts in order to effect corrective orders and to improve future projects of similar type and magnitude.
SECTION 3. Definition of Terms
1.3.1 For the purpose of these rules and regulations and whenever any of the following words and terms are used therein shall have the meaning ascribed in this section.
a. DENR — refers to the Department of Environment and Natural Resources.
b. EMB — refers to the Environmental Management Bureau.
c. Environmental Impact Statement (EIS) System — refer to the entire process of organization, administration and procedure institutionalized for the purpose of assessing the significance of the effects of physical developments on the quality of the environment.
d. Environmental Impact Assessment (EIA) — refers to the process of predicting the likely environmental consequences of implementing project activities.
e. Environmental Impact Statement Study (EIS) — refers to the documents(s) of studies on the environmental impacts of a project including the discussions on direct and indirect consequences upon human welfare and ecological and environmental integrity. The EIS may vary from project to project but shall contain in every case all the relevant information and details about the project to enable the DENR and other concerned parties to make judicious decisions. Such EIS shall substantially conform with the outline set forth in Annex A.
f. Environmental Compliance Certificate (ECC) — refers to the document issued by the Secretary of the Department of Environment and Natural Resources or his duly authorized representative certifying that the proposed project under consideration will not bring about an unacceptable environmental impact and that the proponent has complied with the requirements of the Environmental Impact Statement (EIS) System.
g. Environmental Impact Statement Monitoring and Evaluation — refers to the process of comparing the predicted impacts on the environment as stipulated in the EIS with those which actually occurred after the implementation and operation of the project.
h. Environmental Impact/Statement Review Committee — refers to the body of experts from various fields created by DENR whose main task is to assist the DENR in evaluating EIS and other documents.
i. Compliance Monitoring — refers to the activity designed to gauge the level of compliance with the conditions stipulated in the ECC issued in the EIS or PD submitted.
j. Environmentally Critical Projects (ECP) — refer to those projects which have high potential for negative environmental impacts and area listed in Presidential Proclamation 2146 dated Dec. 14, 1981.
k. Environmental Critical Areas (ECA) — refer to those areas which are environmentally sensitive and are listed in Presidential Proclamation 2146 dated Dec. 14, 1981.
l. Project — refers to activities including actions, programs or undertaking regardless of scale or magnitude which may have significant impact on the environment.
m. Project Proponent (PP) — refers to any entity, private and government organizations, persons, owners/agents, planning or intending to undertake a project.
n. Project Description (PD) — refers to the document submitted by the project proponent substantially describing the proposed project particularly those aspects of the project which will likely cause environmental impact. Such project description shall substantially conform with the outline set forth in Annex B hereof.
o. Public Hearing — refers to the activity undertaken by DENR to gather facts and thresh out all issues, concerns and apprehensions and at the same time provide the project proponent with the opportunity to present the project to the people community who would be affected by such.
p. RED — refers to the Regional Executive Director of DENR.
q. RTD — refers to the Regional Technical Director for Environmental Management and Protected Areas Services of the DENR regional offices.
r. PENRO — refers to the Provincial Environment and Natural Resources Officer of the DENR.
s. CENRO — refers to the Community Environment and Natural Resources Offices of the DENR.
ARTICLE II
Procedures for Processing of ECC Applications
SECTION 1. Screening of Projects
2.1.1 The proponent shall submit a duly accomplished ENFORM I which shall serve as the basis for determining whether the project within purview of the EIS System. The said form appears as Annex C.
2.1.2 Projects that fall within the purview of the EIS System are as follows:
a) Environmentally Critical Projects (ECP) wherein the project proponent shall submit an Environmental Impact Statement (EIS) to EMB.
b) Projects that fall within Environmentally Critical Areas (ICA) wherein project proponents shall be required to submit PDs to DENR Regional Offices. However, they may be required later to submit an EIS if deemed necessary.
2.1.3 Projects Not Covered by the EIS System
a) Environmentally Critical Projects which have been operational prior to 1982 are not be covered by the scope of the EIS System except in cases where their operations are expanded in terms of daily production capacity or the coverage of its original area in which case such project will be covered by the EIS System.
b) Exempted projects
Any proposed activity or operation that does not fall within the category stated in Article II, Section 1 of this order and which are characterized by all of the following conditions:
- discharges minimal amount of wastes and the management of such wastes are relatively easy,
- has a capitalization of not more than P500,000
- employs not more than 20 persons.
An exemption certificate however, shall still have to issued by the DENR for those projects in which the above criteria apply.
Likewise, pursuant to Article II Section II of P.D. 1586 some projects may be exempted by the President or his duly authorized representative for reasons of national interest or in compliance with international commitments. Such exemptions, however, does not preclude the DENR to require the proponent from instituting the necessary remedial measures to protect the environment.
2.1.4 The proponent shall pay the necessary fees in accordance with the schedule of fees.
Further, for exempted projects that are within ECA, comments and/or recommendations shall be submitted from appropriate units or agencies which have jurisdiction over these ECA, prior to the issuance of the exemption certified by DENR.
SECTION 2. Processing of EIS and PD
The EMB shall be responsible for processing EIS documents of Environmentally Critical Projects (ECP). The DENR Regional Offices shall be responsible for those projects that fall within the scope of Environmentally Critical Areas (ECA) and exempted projects. The flow charts showing the processing steps enumerated below appear as Annex D-1 and D-2.
A. Steps in the review and evaluation of Environmental Impact Statements (EIS)
2.2.1 Upon determination by DENR that the project shall be subject to an EIS, a copy of the scoping guidelines shall be given to the project proponent for his guidance. On the basis of the above and on the outline given, the proponent has the option to commission the undertaking of the EIS to a competent professional group or by the proponent's technical staff.
2.2.2 Upon completion of the EIS the proponent shall submit at least fifteen (15) legible copies of the document to the DENR for review.
2.2.3 Upon receipt of the EIS, the DENR shall forward the document to the concerned EIS unit which shall initially evaluate the submitted document as to its content and completeness of the supporting documents. Within thirty (30) days, the EIS Unit shall decide whether or not the information contained in the EIS is sufficient for a thorough evaluation of the project's environmental impacts. The EIS Unit shall then inform the proponent of any additional information that may be needed for further evaluation of the EIS. After the evaluation, the EIS Unit may:
a. recommend issuance of the Environmental Compliance Certificate (ECC);
b. recommend conduct of an ocular inspection of the proposed project site to check the veracity of the information contained in the submitted EIS; or
c. recommend further review by the EIS Review Committee to thoroughly assess the submitted EIS with respect to accuracy of the data presented, the applicability of the mitigating measures and the adequacy of the monitoring program.
2.2.4 For projects referred to the Review Committee, EIS Unit shall convene the committee whose members shall be selected from the pool of experts/area subject specialist.
The Review Committee can require the holding of a public hearing to be conducted by the DENR/EMB or the Regional Office, subject to the process stipulated in Article II Section 3 or may likewise require the project proponent to submit additional information if necessary.
2.2.5 After a through evaluation of all inputs the Review Committee shall recommend for the approval or denial of the ECC by the Secretary of the DENR or his duly designated representative.
B. Steps in the review and evaluation of Project Descriptions
2.2.6 Projects requiring Project Descriptions shall follow same process as required in the review of EIS, except for the conduct of public hearing which is not necessary at this stage.
2.2.7 Upon submission of the PD, the regional EIS unit shall review and evaluate the documents and determine the accuracy of data and assessments presented, the applicability of mitigating measures, the adequacy of the monitoring programs and public acceptability of the projects. The RTDs can always request for additional information if necessary. Part of the evaluation process is the ocular inspection of the project site which may be conducted by the EIS Unit with the assistance of the PENRO/CENRO.
2.2.8 Once all pertinent information have been validated, the RTD can recommend for the granting or denial of the ECC to the Regional Executive Director (RED). The Regional Office shall decide not more than two (2) months from receipt of the PDs whether it shall issue or deny the ECC to the concerned proponent.
2.2.9 In cases wherein the EIA, unit considers the project requires an EIS, the RTD shall inform the proponent of the requirements and said application shall follow the process stipulated in Article II Section 2.A.
SECTION 3. Conduct of Public Hearing
Public Hearing may be initiated by the DENR when the magnitude of the project is such that a number of people are affected or when there is mounting opposition against the proposed project.
2.3.1 Notice
A notice of public hearing shall be published once a week for two (2) consecutive weeks in any newspaper of general circulation at least (20) calendar prior to the scheduled hearing. Notice shall likewise be posted in a conspicuous place in the municipality or barangay where the project is to be located All expenses incurred for the notices shall be charged to the project proponent.
3.2 Designation of Hearing Officers
The Secretary or his duly designated representative shall appoint hearing officers in the conduct of public hearings.
2.3.3 Powers and Duties of Hearing Officers
Hearing Officers shall have the power and authority to conduct proceedings with the aim of further eliciting information and more pertinent facts.
They will ensure that all participating parties are given the opportunity to air their positions/concerns regarding the project and that same are adequately discussed.
The Hearing Officers shall submit a report of their findings to the EIS Review Committee within fifteen (15) workings days after the hearing.
Copies of the report shall be considered as public documents and shall be made available to all concerned parties and other interested entities.
2.3.4 Nature of Proceedings
The conduct of public hearings shall be summary in nature and does not strictly adhere to the technical rules of evidence.
SECTION 4. Granting of ECC
2.4.1 An Environmental Compliance Certificate (ECC) is issued by the DENR Secretary or his duly designated representative to a project proponent after having satisfied the process described in Article II of this Order.
SECTION 5. EIA Monitoring
2.5.1 All ECPs will be subjected to periodic compliance monitoring by the EMB and all other projects by the DENR Regional Offices.
2.5.2 The EMB can call on the assistance of the regional office in the conduct of compliance monitoring activities while the latter can call on the EMB when the monitoring of the project requires institutional and technical expertise that can be provided by the Bureau.
The EMB shall initiate the formation of a Multipartite Monitoring Team in coordination with the regional office as may be required by the conditions of the ECC.
ARTICLE III
Duties and Responsibilities of Actors in the EIS Review Process
SECTION 1. Project Proponents
a. conduct an Environmental Impact Assessment (EIA) of the proposed project and submit its findings to DENR in accordance with the prescribed guidelines.
b. provide a true, complete and accurate EIS or PD
c. publish the notice of public hearing
d. provide resource persons to make presentations and answer questions during public meetings and hearings.
e. ensure that appropriate post -assessment monitoring and reporting are carried out as required.
g.n initiate, in certain cases, the establishment of the Environment Guarantee Fund (EGF) as stipulated in the ECC which shall make available reserve funds for monitoring activities and the immediate rehabilitation and /or compensation of affected parties should negative impacts occur in relation to the project.
h. submit the required reports to the DENR
SECTION 2. DENR
3.2.1 Office of the Secretary
a. formulate EIA policies, plans and programs and advise the EMB and Regional Offices from time to time in the efficient implementation of projects and programs.
b. advise the President and Congress on the enactment and modification of laws relative to the EIS System.
c. Approve or deny the issuance of an Environmental Compliance Certificate for EIS documents related to ECP.
3.2.2 EMB
a. coordinate the implementation of the necessary policies and guidelines relative to the EIS System
b. conduct assessments and evaluation of the EIS to serve as basis for recommending the issuance/denial of the ECC and/or advise the project proponent that his project as planned needs modifications and corrections.
c. serve as the administrative body which shall carry out the procedural processes of the EIS System.
d. develop procedural assessment guidelines and prescribe the appropriate scoping guidelines for specific project types.
e. chair the EIS Review Committee
f. solicit in writing comments from other government agencies and persons with expertise or regulatory powers over the proposed projects.
g. coordinate with the DENR field offices, local government units (LGUs), non-government organizations (NGOs), people's organization's (POs), project proponents and other government agencies in the conduct of actual compliance and multipartite monitoring of projects granted ECC.
h. initiate the conduct of public hearings for environmentally critical projects.
j. provide technical assistance to the Regional Office in the review, inspection, monitoring and the conduct of public hearings.
3.2.3 Regional Offices
a. implemental laws, policies, plans, programs, projects, rules and regulations of the DENR relative to the EIS System.
b. assess and evaluate PD/EIS for ECA
c. conduct on-site inspection for PD/EIS for ECA
d. investigate EIS-related complaints
e. assist EMB in the conduct of on-site inspection for Environmental Impact Statement (EIS) of ECP and make the necessary recommendations.
f. conduct actual compliance monitoring of projects granted ECC and prepare the necessary reports.
g. coordinate with other government agencies, non-government organizations, local government units, private offices and project proponents in the region in the implementation and enforcement of EIS of EIS System rules and regulations and public information campaign.
h. initiate the conduct of public hearing whenever necessary
i. initiate the conduct of training for PENRO/CENRO on the EIS System
j. chair the Regional EIS Review Committee
k. approve or deny the ECC for EIS and PD that are in ECAs
l. issue exemption certificates for exempted projects.
3.2.4 Penro and Cenro
a. coordinate with local government units, barangay officials, NGOs, POs and local residents relative to the EIS System.
b. conduct public information campaign regarding the EIS System
c. assist the Regional Office in the conduct of on-site inspections and monitoring
3.2.5 EIS Review Committee
a. assist the EIA unit in the evaluation and review of EIS documents
b. make recommendations regarding the issuance or non-issuance of Environmental Compliance Certificate of proposed projects under review.
ARTICLE IV
Penalties, Ground for Cancellation of ECC and Administrative Sanction
The Secretary of the Department of Environment and Natural Resources or his duly authorized representative shall impose penalties upon person(s) found violating provisions of PD 1586 or its implementing rules and regulations.
SECTION 1. Scope of Violations
4.1.1 Critical Projects found operating without ECC
4.1.2 Project within ECA but fund operating without ECC, and
4.1.3 Projects found violating ECC conditions.
SECTION 2. Imposition of Penalties
4.2.1 A Report which will serve as the basis for the imposition of fine will be prepared by the EIA Unit. The report among others should include the following information:
a. Brief background of the project including previous violation, if any.
b. Nature of the violation and/or the ECC conditions violated.
c. Results and discussion on any measurement, sampling or monitoring activities conducted either by EMB, Regional Environmental Management Protected Areas (EMPAS) or DENR accredited research institutions, academic and or technical organizations.
d. Discussion on the results obtained and the corresponding adverse impacts caused by the violations.
e. Recommended amount of fine to be imposed in accordance with this Order.
4.2.2 The Report shall be submitted to the Director of EMB or the Regional executive Director (RED) as the case may be for appropriate action.
4.2.3 The EMB Director or RED shall issue an order for the imposition of penalties.
4.2.4 Nature of Violations and Corresponding Fines
The violation of ECC requirements is categorized as follows:
A. Projects which are established and/or operating without an ECC
Any project which are has been classified as environmentally critical and/or located in environmentally critical area and established and/or operating without an ECC shall be liable to penalty.
Any Project Proponent operating without an ECC shall be informed by DENR about the nature of the violation and the corresponding amount of fine imposed therein.
The DENR shall evaluate the merits of the explanation submitted by the Proponent and decide whether or not a fine and the requiring of the submission of EIS/PD shall be imposed.
The amount of fine shall not exceed P50,000 at the discretion of the DENR.
The Proponent should settle all requirements within thirty (30) days upon notification Failure to comply with these requirements shall be a ground for issuance of an order for the cessation of project operation.
B. Projects violating ECC Conditions
1. First Violation
The Project Proponent shall be informed by the Director of the EMB or the RED about the nature of the violation and shall be asked to explain within seven (7) days upon receipt of notification why they should not be penalized. The Director of the EMB or the RED shall decide within seven days(7) days upon receipt of explanation whether the justification presented merits consideration or a violation has been committed.
The Director of EMB or RED shall impose a fine and require the proponent to submit a plan that will address the violations.
The amount of fines for every violation of the ECC conditions shall not exceed P50,000 thereof, which shall be set at discretion of the DENR.
The project proponent is required to settle all the requirements within fifteen (15) days upon receipt of notification. Failure to comply with these requirements would constitute an automatic ground for the suspension of their ECC.
2. Subsequent Violations
Any Project Proponent found to have committed further violation of any all ECC conditions shall be required by the EMB/Regional Office to cease operation and have his ECC revoked.
SECTION 3. Implementing Body
The EMB/DENR Regional Offices shall be responsible in determining whether there has been any violation of P.D. 1586, and its implementing rules and regulations.
SECTION 4. Administrative Authority/Sanction
4.4.1 The EMB/DENR is the agency which review the EIS and PD. As such all DENR Personnel are not allowed to be involved in anyway, whatsoever, directly or indirectly in the preparation of EIS and/or PD documents. Any personnel found to have violated this provision shall be liable to administrative sanctions and penalties in accordance with the Rules and Regulations of the Civil Service Commission.
SECTION 5. Motion for Reconsideration
4.5.1 All Motions for Reconsideration by the project proponent shall be submitted to the EMB Director of RED within fifteen (15) days upon receipt of the DENR order. The EMB Director or the RED shall decide on this Motion for Reconsideration within (30) days upon receipt of the motion. The decision of the EMB Director or the RED, as the case may be, shall be final.
SECTION 6. Appeals
4.6.1 Any appeal from the decision/order of the EMB Director or RED shall be filed by the Project proponent with the Office of the Secretary within fifteen (15) days upon the receipt of the said order or devisor. The Secretary shall decide on the appeal within a period of thirty (30) days upon the receipt of the said appeal. The decision of the Secretary shall be final and executory.
ARTICLE V
Supplemental Rules and Regulations
5.1 Projects which have not been responded by the proponent within a year from the date of filing shall be automatically invalidated. The DENR shall send/notify the proponent one month before the proposed termination date.
5.2 If after termination, the proponent decides to proceed with his project it is considered as a new application and shall pay the corresponding fee.
ARTICLE VI
Effectivity
These Rules and Regulations shall take effect thirty (30) days after publication in any newspapers of general circulation.
ARTICLE VII
Repealing Clause
All rules and regulations found inconsistent herewith shall be superseded by this administrative order.
(SGD.) FULGENCIO S. FACTORAN , JR.SecretaryDepartment of Environment and Natural Resources
RECOMMENDING APPROVAL:
(SGD.) VICTOR O. RAMOSUndersecretary for Field OperationDepartment of Environment and Natural Resources
(SGD.) DELFIN J. GANAPIN, JR.OIC-Undersecretary for Environment and ResearchDepartment of Environment and Natural Resources
(SGD.) RODRIGO U. FUENTESDirectorEnvironmental Management Bureau
ANNEX A
ANNOTATED ENVIRONMENTAL IMPACT STATEMENT OUTLINE
(The following outline is a general guide for proponents. It is to be used along with the scoping guidelines for specific industry type. In cases such guidelines is not available, the kind of information required for an EIS can be narrowed down during the scoping sessions with appropriate DENR units)
1.0 Name and Address of Project Proponent
The name of the person or entity, whether government or private, which intends to undertake a project/action, or a group of projects/actions.
2.0 Type of Project
Classification of the Proposed project. For purpose of proper industrial classification the DTI classification system is suggested to be used.
3.0 Overview Summary
This portion will consolidate the important findings of the Environmental Impact Assessment (EIA) process and will be written in such as to allow reviewers to focus immediately on items of concern.
The summary should briefly described the project, the probable environmental impacts, the avoidance and/or mitigating measures to be implemented, the various alternatives/project, and the significance of the unavoidable and irreversible environmental impacts. Phases project development which might circulate public concern should be identified and described with particular clarity. The summary of findings can be presented following the table below.
| Activities | Identified Impacts | Mitigating Measures | Cost of the |
| (Phases) | to be adopted | Measures |
4.0 The Project Setting
4.1 Declaration and Objective
In cases where a proposed project/action has a number of proponents, this section should identify all these proponents and define the responsibility of each.
The objective of the project should likewise be included and stated in this section. Thus, the project's goals should be put in terms of social, economic, and environmental parameters, i.e. cost, benefits and beneficiaries social disbenefits. etc.
4.2 The Need
This section discusses the needs for which the project is proposed and against which potential environmental impacts may be evaluated. Therefore, it is essential that trade-offs between the benefits of the project and its adverse environmental consequences be exhaustively discussed. Also, the beneficiaries and/or groups that will be affected adversely will have to be clearly identified.
4.3 Alternatives
Briefly discuss the siting, timing, logistics and design of alternatives considered and nominated during the course of selecting the alternative for which the EIS is prepared and described the basis upon which each alternative was rejected in favor of the selected alternative. Also, described the significant differences in environmental impacts among the alternatives considered.
4.4 Associated Project
The relationship of the proposed project with other existing and proposed project in the area of concern and immediate vicinities should be discussed. This section should also identify and discuss the possible environmental concerns that might arise through the stimulated development of other projects, e.g., the construction of a highway might stimulate the proliferation of industries in the areas increase in load of waste disposal system. etc.
5.0 The Proposal
The alternative chosen and other alternatives still under active consideration (if any) should be discussed this section. Common factors of the various alternatives should be discussed first followed by the peculiarities of each alternative.
Ascertain the conformity of project plans to existing laws and government policies through consultations with the appropriate government agencies.
5.1 General Layout
Describe the proposed project and provide maps of appropriate scale (1:50,000 - 1:1,000,000) showing the project site. Maps provided should be such that project facilities could easily be pin-pointed in relation to easily recognizable geographic features and existing transport systems and human settlements within the project area. Photographs of the area should also be provided; if possible aerial photographs should be given.
In addition, the project proponent should provide topographic maps and other thematic maps of appropriate (preferably from 1:2,000 - 10,000) scale. Such maps should show detailed location and rights-of-way for all project facilities including temporary and permanent transport system (dirt roads, harbors, docks, air strips highways, etc.) communication facilities, construction camps, waste disposal areas and other auxiliary facilities.
5.2 Pre-Construction Details
In this section, it is imperative to describe the following:
a) The timing and duration of all project activities from pre-construction to full operation. A graph or chart showing the above should be prepared;
Examples of activities are:
Physical
- site clearing - reclamation
- burning - forest clearing
- excavation
- construction of access roads
- blasting and drilling
- demolition
- drainage alterations
b) schedule of construction, development of transportation and other public use facilities;
c) number, sources and housing needs of work force, and size, location and duration of temporary construction camps;
d) activities to be undertaken in the construction phase and relevant factors associated with each, e.g., in the construction of access roads, factors that should be considered are 1) type of road surface (dust levels expected) 2) size of roads (traffic levels, degree of clearing required), 3) character of land through which roads pass (vegetation types, surface water crossing points, habitats, groundwater alteration), 4) proximity to residential areas (noise, dust, changing traffic patterns on urban/rural streets);
e) safety measures; and
f) special design features to reduce adverse effects of the project on the environment.
5.4 Operation and Maintenance
The items below should be exhaustively discussed:
a) Nature of raw materials to be utilized and their sources;
b) Processes and operation procedures of the project;
c) Noise, wastes, emissions, effluents to be emitted and disposed of;
d) Manpower and equipment requirements;
e) Expected projected size and scale;
f) Technical and operation procedures including flow diagrams, timing schedules and inspections;
g) Maintenance under Normal Conditions — types of expected maintenance, predicted maintenance problems and plans for any partial or complete shutdown associated with maintenance problems; and
h) Number of jobs available to local residents and from the outside by occupation.
5.5 Contingency Plans
This section should discuss:
a) Significant environmental hazards that may arise during the construction and operation of the project through accident or design failure such as accidental spills, fire, seismic activity, etc., and how these could be contained and the probability of the occurrence of such events should be determined;
b) Plans for detection (where applicable) of such accidental or natural events, remedial measures to be taken in response, including a description of procedures and equipment to be employed in the response; and
c) Plans for environmental rehabilitation, clean up and restoration following such accidents.
5.6 Abandonment
The project proponent should outline the abandonment procedures and discuss:
a) Plans for removal or disposition of temporary structures and facilities;
b) Plans for abandoning temporary roads and bridges. (Considerations may include the closing of roads and the removal of bridges except where removal would result in more environmental disturbances than leaving them in place);
c) Relocation and/or termination plans for all project facilities; and
d) Restoration plans for the project area after cessation of project operation.
6.0 A Brief History of Past Environmental Conditions and a Description of the Existing Environmental and Resource Use
Description of the historical trends of the environment in addition to the existing environmental conditions in section is to supplement the information given in Section 4.0 and 5.0. This is aimed at providing baseline information on the natural environment and socio-economic settling of the project area. This information will serve as basis for identifying the possible environmental and socio-economic impacts of the project. (This will be discussed in detail in Section 8.0). The sub-sections outlined below is intended as guide to the nature, scope and level of detail of information necessary to adequately describe the past and existing environment. This outline should not, however, in any way, be considered as absolute by the proponent. Rather he should exercise his own judgment in adding or selecting (for description), items which might be significantly affected by the proposed project's activities.
Further, information presented in this section will give the assessor as well as decision makers an idea of how the project area exists prior to project development. Thus, equipped with this knowledge and aware of the specifications of the project as described earlier in the preceding sections, one could identify areas of critical importance and impacts of the project can be more reliably predicted. Moreover, the assessor should see it that in cases where information or data is lacking for a certain sector gaps should be duly noted. Also, a qualitative and quantitative description of present resource use should be included. Maps, charts, diagrams and graphs should accompany information presented whenever possible and all sources of information should be identified and appropriately acknowledge.
All environmental data gathered for this section should be appended. Also data accumulated in the assessment process should be appended.
6.1 Climate
The nature and duration of climatic record and climatic conditions prevailing in the vicinity of the proposed project shall be described. The following items should be included in the description.
a) extremes and means of monthly, weekly, (and daily if possible) temperature, precipitation, etc.
b) probability and frequency of the occurrence of fogs, thunderstorms, storms, typhoons, etc.
6.2 Terrain
The following items should be described in this section:
a) topographic, physiographic and geologic features and geomorphic processes at work within the project area. (The provision of maps is necessary if and when applicable);
b) physical and chemical characteristics of the soil and rocks in the project areas;
c) erosion problems;
d) sensitivity of the terrain to disturbance;
e) recognized geologic and hydrological hazards such as floods, earthquakes, landslides; and
f) unique or scenic geologic/landform features, which include lakes/rivers and similar features.
6.3 Hydrology
Describe the following important parameters of ground and surface waters:
a) physical, chemical and bacteriological parameters of water bodies within the project site (e.g, color, odor, temperature, BOD, salinity, hardness, pH, acidity, coliform content, etc.);
b) historical trends in water quality, quantity water depletion and unique, current or previous pollution problems; and
c) the ambient water quality standards and effluents standards set by EMB
6.4 Oceanography
Describe important parameters of ocean waters and coastal areas as within the project site, including the following:
a) any past or existing pollution problems in the ocean water and coastal waters;
b) historical trends and existing condition of water quality;
c) projects (if any) which are located in the vicinity of the ocean body and are presently contributory to its degradation (including kinds and quantities of wastes disposed); and
d) native of tides, currents, wave action, littoral currents and shoreline characteristics.
6.5 Atmosphere
The following items should be described in this section:
a) historical trends in air quality of the project area;
b) existing air quality and types and levels of air pollutants already existent in the area of concern; and
c) to be appended are existing ambient air quality standards and omission standards set by EMB;
6.6 Vegetation
Describe the following items:
a) forest cover, forest stand structure, maturity, (provided a map of the above information, if available);
b) species of plants comprising plant communities, indicate relative abundance of species by quantitative means or if unavailable, indicate livelihood of occurrence (common, occasional, rare); described its importance to man and to species of animals in the area which depend on these plants for food or as a habitat;
c) identify undisturbed, rare or unique vegetation, plant life of special economic, historic social or scenic value.
6.7 Fish and Wildlife
Described the following items:
a) distribution and relative abundance, within the area of concern, of species of animals and fish; indicate their importance, i.e., food sport, commercial, scientific, ecological or aesthetic. List should be by common names and scientific names;
b) identify any rare and endangered species found in the vicinity of the project area;
c) diversity, rarity breeding and feeding grounds, migration areas and routes of all species identified; and
d) extent and nature of utilization of fish, birds, mammals, and other animals in the project area, and the relative importance of these resources to the people of the area.
6.8 Land and Resource Use
Describe the following items:
a) the existing land uses of the project area and immediate vicinities, e.g., agricultural, residential, industrial, etc. and the use of other resources transportation facilities, structures, waste disposal, etc., not included in 6.7 (d)
b) the existing land use plans and patterns of the area and indicate any inconsistencies to proposed plans, if any; and
c) areas within the project area and immediate vicinities, of unique sensitivity or special status such as ecological reserves, nature reserves, campsites, military reserves, scenic spots, etc., and areas of religious, historic and cultural significance.
6.9 Socio-economic Aspects
Describe:
a) existing lifestyles of the community including cultural and spiritual community patterns;
b) population densities and characteristics, e.g., distribution by age, sex, ethnic, groups, educational attainment, etc.;
c) employment situation , including occupational distribution, location and availability of work force;
d) existing housing facilities, business establishments, hospitals, schools, aesthetic and recreational facilities, fire protection, law enforcement manpower, etc., including beneficiaries of such facilities and/or services;
e) existing income of municipality and/or barangay where the project is to be located; and
f) existing transportation and communication facilities, (use a map showing the relation of the project area with said facilities).
7.0 Future Environmental Conditions Without the Project (An average of five (5) years Projection)
This section will provide reviewers an idea of the prevailing environmental conditions in the proposed project area without the changes and stimulating factors the proposed project would pose. Thus, this information will serve as basis against which significance of impacts of the proposed project could be determined and appropriately evaluated. All subsections in 6.0 will be discussed in this section utilizing available environmental data presented in the preceding section. Further, factors and conditions which might have a bearing in the projection of impacts, (e.g., meteorological features of the area, existing projects and pollutants should be accounted for in making the projection.)
Particular attention should be given to foreseeable unique environmental problems, levels of atmospheric pollutants, quality and quantity of water, socio-economic conditions, etc.
8.0 Prediction and Assessment of Impacts
This section must describe and compare the possible environmental impacts of the project and all alternatives with emphasis on actions must likely to cause major environmental disruptions. The assessment of the potential impacts should be made on the basis of information collection from existing sources supplemented by field data. If factual data are not available or of questionable quality, the report should clearly indicate that the impacts are predicted on unsubstantiated scientific grounds. Impacts should be categorized as direct or indirect and should be considered at all stages of the project - pre-construction, construction, operation and abandonment phases.
8.1 Physical/Chemical Effects
These are impacts on environmental elements which are always present to some degree such as water, land and air may be briefly summarized as follows:
a) Water
i Surface Water
— Alteration of shorelines, riverbeds, lakebeds, etc; occurrence of erosion; deposition of silt;
— Decrease/increase of water level in watershed areas; disruption of run-off routes; changes in drainage and flood characteristics of water body; fluctuation of water levels and flow rates in great extremes, thereby affecting users on structures on the route;
— Changes in water quality resulting in increased water treatment cost abandonment; conflict with regulation, guidelines, standards for various water uses.
ii Ground Water
— Alteration in ground water flow and elevation, decrease or increase in ground water sources; change in major uses and users of water;
— Changes in the interaction of ground water with surface drainage through the process of infiltration, re-charge, discharge, etc., changes in soil percolation rates; and
— Change in the interaction of ground water quality of even abandonment of sources.
b) Atmosphere
i Air Characteristic
— Changes in air characteristics resulting from the project may have implications from the standpoint of public health, temperature modification, humidity change.
ii Wind
— Occurrence of wind modification (valley, barrier or funnel effect), creation of localized with disturbances such as those resulting from the establishment of high rise building complexes and highways.
iii Inversion
— Development of inversion conditions which result in the entrapment of
— air remittance causing high impingement concentrations of air pollutants.
8.2 Ecological Effects
These are effects on the distribution and /or abundance of plant or animal species. Species refer to groups of organisms which interbreed or are potentially capable of interbreeding and which are reproductively isolated from all other group of organisms.
a) Terrestrial Species
i Vegetation
Adverse effects of project on rate species, destruction of unusual local populations of certain plant species.
ii Wildlife
Certain wildlife species are rare or locally unusual because of natural factors or because of habitat loss and degradation. Hence, populations of such species may be adversely affected through failure to map concentration locations and failure to reduce adverse impacts through project timing and location, noise reduction, establishment of wildlife reserves, etc.
b) Aquatic Species and Habitats
— Untimely species extermination through changes in habitat modification, including increases in water temperature, nutrient and sediment loading and changes in water flow rates and levels;
— Destruction of spawning beds through inadequate drainage control and soil stabilization near water bodies;
— Degradation or destruction of aquatic habitat through extensive cutting and filling in the approaches to river and stream crossing catalyzed by inadequate drainage control and soil stabilization.
8.3 Aesthetic Effects
Certain basis qualities such as harmony in proportion, color and scale are viewed by a majority of normal human beings in the same perspective and a such, constitute a reasonably good base for unbiased evaluation of an area. Hence, the following basic concerns associated with aesthetic qualities should be considered:
a) Land
Impairment through project siting or facility of present scenic qualities such as prominent rock outcrops in low relief areas, exposed surfaces of heterogeneous, mixtures of rock types displaying color and texture contrasts, etc.
— Visual impairment of the scenic features of the project area such as wide vista areas, sharp landscape contrast between mountainous areas and broad river valleys or plains.
b) Atmosphere
Effect on visual qualities by the generation of dust or the discharge of particulates.
c) Water
Change in appearance of a watercourse through changes in color turbidity, quantity and force;
Reduction in the attractiveness of project area by the physical intrusion of a facility or deposit of debris.
d) Flora and Fauna
— Change in size, abundance, maturity and species diversity of area vegetation and wildlife.
e) Man-made Objects
The significance of man-made object may be impaired not by disturbance of the object itself but by disturbing its surrounding, e.g. establishment of a part next to a bathing area. Hence architecture and siting of project as well as knowledge and appreciation of surrounding areas should be carefully studied and considered.
f) Composition
Drastic alteration of an area's aesthetic appeal through modification of one or several of its elements.
8.4 Socio-economic Effects
Factors to be considered in this section are the project's effect and associated environmental modifications on human health, welfare and social organizations. In the assessment of those effects , the following elements should be considered:
a) Demography
— Changes in population size, composition, distribution and implications of these changes;
— Possible disruption in fertility, mortality and migrational patterns of the area;
— Effect on the area's service sector through migration of workers and dependents to project site.
b) Manpower
— Short and long-term labour market impact on residents;
— Impacts on the relevant components of the labour markets
— Impact of employment on income levels and distribution; and
— Implication of employment access for residents.
c) Transportation
— Effects of transportation routes on the economy of the area:
— Cost of travel; and
— Availability of facilities to residents.
d) Housing and Community Infrastructure
— Impact of additional infrastructure (housing, business, recreational facilities, schools, etc.) on the landscape or on the surrounding community.
e) Education, Health and Safety and Social Services
— Effects of the project (direct and indirect on the health conditions in the area;
— Effects of changes in wages for the communities involved, possible impact on family dislocation, child development, crime and violence; and
— Possible stress and disruption among residents and non-residents.
— Occupational safety of the workers that will be employed by the project.
f) Lifestyle
— Impact on the economic activities in and around the development area which have hearings on the lifestyle and socio-economic activities of the community;
— Possible changes in the quality of residential, cultural and spiritual community patterns and lifestyles; and
— Changes in recreational activities; and
— Effects on cultural communities near or within project area.
9.0 Contingency Plans
Discuss the possible significant environmental hazards during all stages of project implementation likely to be caused by accident or design failure, e.g., pipeline rupture, fire and accidental spills of toxic materials. Plans for the detection of these events, preventive measures to be utilized and plans for environmental rehabilitation, clean up and restoration after such accidents should be discussed in detail.
10.0 Environmental Briefing and Monitoring
Discuss plans for an Environmental Awareness and the Emergency response (APELL) programs for all the project staff and the surrounding communities all stages of project implementation, plans for monitoring the environmental side effects and plans for an ongoing evaluation and updating the construction specifications, techniques, and scheduling of operations to ensure an increasingly effective protection of the environment as the project progresses towards completion.
11.0 Mitigation Measures
Discuss the measures planned to be undertaken that would eliminate or reduce the severity of adverse impacts through the rehabilitation of impaired environmental features, e. g., revegetation/reforestation of a denuded area, the scheduling of associated activities, design and installment of waste treatment facilities, etc.
12.0 Residual /Unavoidable Impacts
Discuss the effects/impacts that are likely to remain after all practicable mitigating measures have been incorporated into the development proposal. Indicate the mature, extent and duration of said impacts, also state the environmental significance of the potential residual impacts.
13.0 Information Deficiencies
Identify and discuss the information deficiencies encountered in the preparation of the EIS and the importance of these deficiencies in the assessment of environmental impacts. If possible, give terms of reference for studies to obtain the lacking information.
14.0 Appendices
These should include all field (primary) and secondary data used to describe the past and existing environmental conditions of the project area, e.g., climatic records, population, atmospheric and water quality records, etc. Likewise, an annotated list of references and copies of reports or studies associated with the assessment should also be cited.
15.0 Consultation and Comments Including Public Recommendations
All comments and recommendations gathered/received during the commenting stage of the draft EIS should be included under this section. Also, the replies of the project proponent to comments and queries of interested parties and other concerned entities should be placed under this section.
16.0 Other Documents to be Attached
The following documents are to be attached to the submitted EIS.
a) Endorsement from the Local Government Unit of the Regional Development Council as the case may require.
b) Sworn statement from the Consultants who prepared the EIS which sample format is likewise appended.
CERTIFICATION FROM THE LOCAL GOVERNMENT UNIT
This is to certify that the undersigned has read understood the implications of the proposal (Name of Project) on the surrounding areas. Further, I certify that I have consulted my respective constituents and that they interpose no objection whatsoever for the project.
Done this ________day of ____ at ___________________________
By: ______________________
Subscribed and sworn to before me this __________day of _____
__________, at __________. Affiant exhibiting to ______ at _______
_____________________
Signature
Date:__________________
CERTIFICATION
This is to certify that all the data/information contained in the PD/EIS are true, accurate and complete and that an objective and thorough assessment of the project was done. Any information that are found to be untrue, copied from other sources without due citation and which tends to misrepresent the findings of the study, the liability; shall be held to be account of the undersigned.
Done this __________day of _________ , at __________________
By:
Consultants duly authorized
representatives
Subscribed and sworn to before me this _________day of __________ at ___________. Affiant exhibiting to me his Residence Certificate No. _____________, issued on _________ at _________________
______________________
Signature over printed name
ANNEX B
ANNOTATED PROJECT DESCRIPTION OUTLINE
The following form shall be filled up for projects to be located in any of the twelve (12) environmentally critical areas as identified under Presidential Proclamation No. 2146.
1.0 Name and Address of Project/Program Proponent
State name of the person entity who/which plans to undertake the project. The address and telephone, fax and pager no. if applicable number of the above should also be included to facilitate communications between the DENR and all concerned.
2.0 Type and Purpose of the Project
State the category and type to which the project belongs. It is recommended that DTI Industrial classification be used. Describe briefly the goals and objectives of the project.
3.0 Location and Area to be Covered by the Project
Indicate the exact location as well as the total area of the project site on a 1:10,000 scale topographic map and/or 1:10,000 cadastral survey plan. Attach appropriate clearances/references/proofs of application zoning certification from on other regulatory agencies concerned with land use planning e.g. HLRB, DZA etc.
4.0 Project Scale and Cycle
a. Discuss the project process. Include in this portion the projected extraction rate, milling rate, manufacturing rate, capacity and/or output of the project.
b. State the projected lifespan of the project in year and the estimated cost of the project in persons. Project cost should include cost of each of the following.
| a. | Workforce | e. | Machineries- |
| equipment | |||
| b. | Maintenance/Operation | f | Supplies/Materials |
| c. | Rehabilitation | g. | Total Project Cost |
| d. | Installation |
For facility of the process describe present in a flowchart the plan of operation or process flow of the project. This portion should show the source of raw materials/construction materials on pertinent maps and how these materials are processed/utilized into their end products and by-products. The volume of the aforementioned materials should be in cubic meters and/or metric tons.
All activities that would be undertaken by the project proponent covering the entire project cycle (preconstruction, construction, operation abandonment) should be discussed.
5.0 Identification Environmental Impacts
Fill up the attached leopold matrix
6.0 Environmental Management Measures
On the basis of the filled matrix, state the mitigating measures that will be undertaken by identified impacts that will minimize the adverse effects.
7.0 Signature of Project Proponent or Persons Preparing the Project Description
Attach a sworn statement of the persons who prepared the project description together with his/their corresponding signature, and signify therein that the information provided are factual and true. Any discovery of misrepresentation of information can be a basis for the rejection of the PD or non issuance of the ECC
Notes:
All documents should be submitted in Five (5) copies. The original copy should be notarized.
This outline was prepared by Environmental Impact. Assessment Section of Environmental Management Bureau (EMB), Department of Environment and Natural Resources (DENR) and is provided free to all applicants.
ANNEX C
Instruction
ANNEX D
ANNEX D-1
n Note from the Publisher: Copied verbatim from the official document. Irregular alphabetical sequence.