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A:
Q:
A:
ECCs are generally required when an Environmental Impact Assessment (EIA), in the
form of an Environmental Impact Statement (EIS), is required by law to be submitted to
the proper government agency. The EIS is submitted when applying for an ECC.
Q:
A:
The EIS system was introduced by Presidential Decree 1586 4 declaring that when there
are projects undertaken that are either Environmentally Critical Projects (ECP) or
located in Environmentally Critical Areas (ECA), an EIS must be submitted by the
entity or person responsible for the implementation of the project.
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Q:
A:
Heavy Industries
a.
b.
c.
d.
A:
Since the initial screening for ECC application are now online 7, and pursuant to the
streamlining of the process for determining whether or not a project is covered by the
EIS, thus requiring an ECC, all one needs to do is check the website of EMB and their
Office of the President, Proclaiming Certain Areas and Types of Projects as Environmentally Critical and Within
the Scope of the Environmental Impact Statement System Established Under Presidential Decree No. 1586,
Proclamation No. 2146 s.1981 (Dec. 14 1981)
6
Office of the President, Declaring the Construction, Development and Operation of a Golf Course as an
Environmentally Critical Project Pursuant to PD 1586, Proclamation No. 803 s. 1996 (Jun. 6, 1996)
7
Environmental Management Bureau, Memorandum Circular No. 2015-003 [EMB MC No. 2015-003] (Jan. 20
20145)
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Environmental Impact Assessment and Management Division (EIAMD), and search for
the project checker which determines the nature of the project with respect to the EIS
system.
Alternatively, one can go directly to the EIAMD project checker which can be accessed
through this URL: http://119.92.161.13/projectchecker/onlineapplication.aspx
Q:
A:
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Q:
A:
If the project is a Socialized Housing Project under RA 7279, the HLURB desk is tasked
to issue clearances stating that a certain project is not within an ECA.9
If not, the map of the area wherein the project site is located may be requested from the
LGU which has jurisdiction over the project location. If the LGU, with the assistance of
the HLURB10, has opted for an automated mapping system under the Geographic
Information System (GIS)11 for Comprehensive Land Use Plans12, one may request to
view and print the map via the GIS program and if the LGU uses the traditional method,
or has yet to update, the traditional map may be requested accordingly.
The map will expedite the process of determining whether or not the project site is within
an ECA, but ultimately, it will be the EMB who determines the nature of the
location13 as regards being inside an ECA and if the area is not an ECA, they will issue
to the proponent his Certificate of Non-Coverage (CNC), which essentially says that
the proponent does not need to submit an EIS, and consequently an ECC.
Q:
Who are required to secure an ECC with respect to PD 1586 (EIS Law) and EMB
issuances?
A:
According to the latest issuances14 of the EMB and DENR regarding the ECC with
respect to the EIS, those required to secure an ECC either due to ECPs or projects
within ECAs are categorized under Category A and Category B, respectively. There
is a sub-classification under each category those being new applicants (A/B-1), those
existing and to be expanded, modified, and/or rehabilitated (A/B-2), and those
Office of the President, Creating Socialized Housing One-Stop Processing Centers to Facilitate the Processing and
Issuance of Permits, Clearances, Certifications and Licenses Appropriate and Necessary for the Implementation of
Socialized Housing Projects, and Directing All Government Agencies Concerned to Support the Operations of Said
Centers, Executive Order No. 184 s. 1994 [E.O. No 184 s. 1994] Section 3-2(f) (Jun. 27, 1994)
10
GIS cookbook, a part of Comprehensive Land Use Planning (CLUP) Guidelines to assist LGUs in preparing their
Comprehensive Land Use Plans, chapter 4.08.08, Environmental Management: Environmentally Critical
Areas/Project available at http://www.cookbook.hlurb.gov.ph/4-08-08-environmental-managementenvironmentally-critical-areas-project (last accessed Jul 12, 2016).
11
Housing and Land Use Regulatory Board, Approving the Financial Proposal "GIS Cookbook for LGUs" for
Operating Expenses Chargeable to Income, HLURB Memorandum Circular No.20, s.2003, Resolution No.R740,s.2003, [HLURB MC no. 20 s. 2003] (2003)
12
Office of the President, Providing for the Preparation and Implementation of the Comprehensive Land Use Plans
of Local Government Units Pursuant to the Local Government Code of 1991 and Other Pertinent Laws, Executive
Order No. 72 s. 1993 [E.O. 72 s. 1993] (Mar. 25, 1993)
13
Environmental Management Bureau, Memorandum Circular No. 2010-004 [EMB MC No. 2010-004] (Sep. 27,
2010)
14
EMB MC No. 2014-005
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operating without an ECC (A/B-3). All of the persons responsible for projects which fall
under any of these categories and sub-categories are required to secure an ECC.
Q:
A:
For ECPs: The online application process immediately screens those projects which are
required to acquire an ECC and those who are merely required to obtain a Certificate of
Non-Coverage (CNC), or even none at all if they are not covered by the project checking
system. The laws and issuances are implicit in requiring a CNC for those not covered by
the EIS, but it is always advised to secure a CNC in order to ensure that the proper
government agency had certified that the project is not an ECP and is not within an ECA.
Acquiring a CNC is the best practice
For projects in ECAs: If the online project checker has determined the project not to be
an ECP, then the ultimate determination of whether or not a non-environmentally critical
project is located in an ECA rests on the EMB. Usually, an Initial Environmental
Examination (IEE) checklist and its corresponding documents are required in order to
screen the project. The EMB website states:
In compliance with the DENR Memorandum Circular 2010-14
dated June 29, 2010 prescribing the outline of the contents of EIA
Reports required for ECC applications and the directive to focus
the EIA Study to the most critical environmental impacts, project
type-specific IEE Checklist Report Form was formulated as a proforma EIA Report for Non-Environmentally Critical Projects
proposed to be located in Environmentally Critical Areas (ECA).
The formulation of the IEE Checklist Reports is intended to
simplify and standardize the requirement for ECC applications for
non environmentally critical projects. These IEE Checklist Report
forms likewise provide a checklist of options for disaster and
climate change risks management and a menu of adaptation
options enhancing the use of the PEISS as a risk-based planning
and management tool. To date, the following project type
specific IEE Checklist Report Form has been developed:
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For those without project-specific IEE checklists, a generic IEE Checklist can be
downloaded here:
119.92.161.2/portal/Portals/10/GENERIC%20IEE%20checklist%20form.doc
Q:
A:
There are hefty penalties and fines which correspond to non-compliance and violations
of PD 1586 (EIS Law)16, and relevant administrative issuances17. In 2015, the EMB
collected 7 million Pesos in fines just within Cebu alone.18By complying with the relevant
laws, and securing the necessary ECC or CNC, one can avoid the hassle of being
penalized for non-compliance.
One can find the list of violations, prohibited acts, and their correlative fines through this
link: http://119.92.161.2/embgovph/ecac/LGUCorner/ProhibitedActsFinesandPenalties.aspx
Q:
A:
Given that the process for application has been streamlined and made available online,
all that is initially needed is a computer and a printer. The necessary forms and project
descriptions may be filled up there. After filling up the necessary documents, it may be
downloaded for printing and notarization.
The steps to online registration are found in the users guide for ECC application which
can be accessed through this link: http://119.92.161.21/live/Help/Applicant.pdf
But generally the new standardized requirements are as follows:
Category A: EIS
Category B: EIS + Initial Environmental Examination (IEE) Checklist19
Q:
A:
This is the link which leads to the ECC online application system on the website of
EIAMD under EMB: http://119.92.161.21/live/
Q:
A:
The CNC is a document issued by the EMB certifying that based on the documents
submitted to them, the project is not covered by the EIS system, and consequently, is
not required to secure an ECC.
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Q:
A:
According to the latest issuances and application forms, those covered by the CNC
application are Category C, Category D, and Those projects implemented prior
to 1982. The last category is relevant because those projects were not yet covered by
PD 1586 (EIS Law), thus they must submit to further scrutiny. Category C projects are
those which directly enhance the quality of the environment or directly address existing
environmental problems. Category D projects are those that do not fall within the EIS
system, but may still opt to secure a CNC. As above-mentioned, it is the best practice to
apply for and secure a CNC.20
Q:
A:
This is to require all of those proponents concerned to submit the necessary documents
in order for the EMB to determine whether or not the project/s fall under Category C or if
they actually fall under Category A or Category B.21
Q:
A:
A CNC can be applied for once it is verified that the project is not an ECP, which will be
asked at the beginning of online registration. The website can be reach through this
URL: http://119.92.161.13/projectchecker/onlineapplication.aspx
For assistance with the CNC application and necessary project checking system, one
may access the online steps guide, which illustrates the steps of online CNC application,
through this website: http://119.92.161.13/projectchecker/CNCOnlineSteps.pdf
Q:
A:
For CNC applications, one must apply online and submit a pro-forma project description
for CNC application22 (ANNEX C of EMB MC 2014-005) which can be accessed through
this
link:
http://119.92.161.2/portal/Portals/21/Downloads/Annex%20C%20PD%20for%20CNC%20Applic
ations.pdf
Q:
A:
20
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Q:
A:
f.
g.
h.
i.
j.
k.
DENR MC 2010-1425 and its annexes prescribe the specifics which are required for an
EIS. Also included are the annotated outlines for various Environmental Impact
Assessment Reports.
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Q:
What are other forms that would be relevant in applying for an ECC or CNC?
A:
The latest forms/annexes released are accessible through the following links:
1. http://119.92.161.2/embgovph/eia/ECCRequirementCoverageScreening.aspx This is the mother link containing the three succeeding enumerated
documents.26
2. http://119.92.161.2/portal/Portals/21/Downloads/Annex%20C%20PD%20for%2
0CNC%20Applications.pdf This is ANNEX C, which is the pro-forma
project description for CNC applications.
3. http://119.92.161.2/portal/Portals/21/Downloads/Annex%20A%20Project%20Th
resholds%20for%20Coverage%20Screening%20and%20Categorization.pdf
4. http://119.92.161.2/portal/Portals/21/Downloads/Annex%20B%20Decision%20C
hart%20for%20Determination%20of%20Requirement.pdf Decision chart of
documents required for project modification under Categories A-2
and B-2 of the latest classification of projects.27
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