MS BEM 208 - MIDTERM EXAMINATION

October 17, 2020

NAME: Neil Dominic D. Careo

1. Discuss how the EIA process can serve as a management tool and/or a planning tool.
(15 pts)
Ans:
Environmental Impact Assessment (EIA) process can serve as a management tool
and/or a planning tool because of its wide array of uses. EIA will help the government, the
proponent, the affected communities and other decision makers assess whether the
benefits of the project will outweigh the negative consequences or risks on the
environment. As a management tool, it provides information that promotes policy-making
from inception to conclusion, and actions that ensure sustainability in the implemented
projects. EIA process points out environmental risks, lessens conflicts by encouraging
community participation, lessen adverse environmental effects, informs decision-makers,
and helps lay the base for environmentally sound projects. Benefits of integrating EIA have
been observed in all stages of a project, from exploration and planning through
construction, operations, decommissioning, and beyond site closure. On the other hand,
EIA process can be used as a planning tool because it comprehensively presents
methodologies and techniques for identifying, predicting, and evaluating potential
environmental impacts of projects as per the project cycle. Thus, the conservation of the
environment and natural resources including human health aspects will be ensured by
carrying out an EIA process.

2. If you are required to do the EIA of the project, discuss fully the process of conducting the
EIA of the project. outline the main steps in a complete environmental assessment
process, and explain why each is necessary. (20 pts)

Ans:
Assuming that the project to be implemented is in the Philippines, I will follow the
steps and policies stipulated in Presidential Decree No. 1586 or the establishment of an
environmental impact statement system including other environmental management
related measures and for other purposes. The EIA process will include four (4) core steps,
namely: project screening, scoping, preparation of Environmental Impact Statement (EIS),
and project implementation as well as Environmental Impact Monitoring Evaluation/Audit.
Screening. The EIA process begins from the very start of a project. A project overview
document disclosing the type and scope of the project as well as its predetermined
environmental impacts will be prepared and submitted to the National Agency (in our case
to DENR-Environmental Management Bureau) for review and assessment. They will
decide whether the proposed project will undergo EIA or not. PD 1586 stipulates that the
requirement to undergo the EIA process covers projects established after 1982, which
have been declared as Environmentally Critical Projects (ECPs) and/or in Environmentally
Critical Areas (ECAs). For projects that are not ECPs or are not in ECAs, environmental
safeguards may be required, as deemed necessary, without the requirement of EIA
process.

Scoping. Assuming that the proposed project requires EIA, the next step is to establish
the boundaries of the EIA via scoping. A ‘scoping document’ will be prepared containing
the assessment methods to be used such as survey, forecast and evaluation. In the
survey, the information will be gathered through the existing materials from the
governments, scientific knowledge from experts and field survey in order to acquire the
local environmental information required for forecast and evaluation. The proponent
(myself) then forecasts quantitatively the amount of impact on the environment or change
in the state of the environment during the construction and operational phases. It is
conducted by the numerical calculation by mathematical models, experimental model,
citation or analysis from the existing cases. The parameters subject for scoping are but
not limited to air, water, soil, noise, waste generation, flora and fauna etc., depending on
the nature of the proposed project. The scoping document will be forwarded to DENR-
EMB for review and comment. Official surveying, forecasting and evaluation will then be
conducted once the scoping procedure is approved.

Preparation of Environmental Impact Statement (IES). After the survey, forecast and
evaluation are completed, the next procedure is to listen to opinions concerning the results
of the assessment. A draft of Environmental Impact Statement (IES) that describes the
assessment results will be made and forward it to DENR-EMB for review and opinion.
After the procedure for the Draft EIS is completed, the project proponent examines the
opinions of EMB and the public about the Draft EIS, reviews it and then writes the final
EIS document.
 Project implementation and Environmental Impact Monitoring Evaluation/Audit.
After the procedure for the EIS is completed, an Environmental Compliance Certificate
(ECC) will be issued by DENR- EMB to the proponent to permit the start of the construction
of the proposed project. Consequently, a follow-up survey is conducted in order to monitor
environmental conditions at the construction and operation stages. The necessity for such
survey is considered in accordance with the magnitude of impacts on the environment in
cases where measures for protecting the environment have small numbers of installation
and/or high uncertainties. The project proponent determines the necessity of the survey
and specifies it in the EIS. After the construction is finished, the project proponent compiles
and publishes a document about the follow-up survey, along with the measures for
protecting the environment to cope with the conditions identified during the survey and the
progress of the measures taken.

3. Describe and differentiate the EIA process of USA, China, Singapore and Asian
Development Bank (ADB). (20 pts)

Ans:
The EIA process of USA, China, Singapore and Asian Development Bank (ADB)
follows the core steps, namely: screening, scoping, preparation of EIS, monitoring and
compliance and impact mitigation. However, these countries have their own issues in
terms of EIA implementation and legislation such as parallel EIA approval and sectoral
permitting, interplay of federal and sub- national level (decentralized system), lack of
public participation etc.
In the United States, EIA system was introduced with the enforcement of the
National Environmental Policy Act (NEPA) in 1969. Only fundamental items were
stipulated in NEPA, and supplemented some specific system in Regulations of National
Environmental Policy Act set up in 1978. The NEPA procedures contain unique
specifications not found in the EIA systems of other countries, such as EIA should be
applied not only to project approval action but action on legislative and other such
proposals (SEA), and EIA statements should be prepared by federal agencies. However,
there are notable gaps in the EIA system coverage in the US due to the absence of
comprehensive EIA requirements in many of its states.
In China, the responsibility for the EIA process is divided between the central and
the sub-national level. At the central level, the main management agency of EIAs is the
Ministry of Environmental Protection (MEP) and at the sub-national level the
Environmental Protection Bureaus (EPBs) are in charge of the process. China has a total
of 34 administrative units at provincial level directly under the central government in
Beijing. Enterprises directly submit their reports to the environmental protection
authorities. The Ministry of Environmental Protection approves the EIA reports for four
types of construction projects, including projects involving nuclear facilities or cross-
boundary projects (across national administrative units). In all other cases Environmental
Protection Bureaus at provincial, autonomous region and municipal levels coordinate and
share approval authority with county Environmental Protection Bureaus. The approval of
the EIA report and the project approval (sectoral permitting or licensing requirement) are
two separate decisions. Furthermore, and with the adoption of the 2016 revision of the
EIA law, EIAs are no longer a prerequisite for other approvals, thus, different permissions
can be applied for in parallel.
In Singapore, Environmental Impact Assessments have been more formally
carried out since around 1989. Environmental impact assessments are carried out when
an industry or development requires it. There is a general statement within the Clean Air
Act of 1971 which allows the Government to impose an EIA on an industry or development,
and the Water Pollution Control and Drainage Act from 1975 also allows for an EIA to be
imposed. In general, a Singapore Government Department or affiliated body, or a private
developer wishing to carry out a development, forwards the proposal to the Pollution
Control Department for an initial assessment as to whether the project requires an EIA. If
an EIA is required, the Department either carries out the EIA study, or the Department or
company seek tenders to conduct an EIA from private consulting organizations. Within
Singapore, there is a strong tendency to plan and approve a Government sponsored
development first and then conduct an EIA. In addition, there is no public participation in
the EIA process other than that of an individual, or group writing a letter to the editor of
the Singapore Straits Times (the local paper) once the paper announces the
Government’s development intentions. The EIAs are not available to the public as they
are ‘submitted in confidence’ for assessment by the Pollution Control Department.
The Asian Development Bank (ADB) ADB requires environmental assessment of
all project loans, financial intermediation loans, program loans, sector loans, sector
development program loans, and private sector investment operations. ADB’s
environmental assessment process starts as soon as potential projects for ADB financing
are identified, and covers all project components whether financed by ADB, co-financiers,
or the Government. All loans and investments are subject to classification for the purposes
 of determining environmental assessment requirements. Environment categories are to
be determined using REA. REA uses sector-specific checklists developed based on the
ADB’s past knowledge and experience. The Borrower prepares EIA reports for category
A projects and IEE reports for category B projects. The Borrower also prepares the
summary EIA (SEIA) or summary IEE (SIEE) reports highlighting the main findings of the
IEE or EIA. The results described in environmental assessment reports, including
environmental management plans is then reflected in the report. Lastly, ADB requires
public consultation in the environmental assessment process. Environmental assessment
reports for ADB projects are also accessible to interested parties and the general public.

4. Identify the following project, policy or program that is not legally required to undergo an
environmental assessment, but which you believe should be assessed. (30 pts)

a. Banning of electronic cigarettes and smoking in public places.

b. Ecotourist development project
c. Use of Dolomite in Beach Nourishment in Manila Bay

Ans:

a. With reference to the Revised Procedural Manual for DENR Administrative Order
No. 30 Series of 2003 (DAO 03-30) or the Implementing Rules and Regulations of
Presidential Decree No. 1586, Establishing the Philippine Environmental Impact State
System, the EIA process covers projects which have been originally declared as
Environmentally Critical Projects (ECPs) or projects in Environmentally Critical Areas
(ECAs) presumed to have significant impacts on the quality of the environment. On the
other hand, Sec. 5 of PD 1586 provides for noncovered projects, which may be required
environmental safeguards if deemed necessary by DENR. There are currently 4 ECP
project types and 12 ECA categories identified in Proclamation No. 2146 (1981) and
Proclamation No. 803 (1996). However, banning of electronic cigarettes and smoking in
public places is not included in the said list even though these can contribute to air pollution
and may pose health hazard to the general public. Thus, EIA will not be required.

b. Ecotourist development project will fall under ‘2. Areas set aside as aesthetic
potential tourist spot in the list of ECA Categories as declared by Proclamation No. 2146
(refer to the table below). Therefore, EIA is required to carry out the said project.
 c. The Manila Bay Rehabilitation Project sparked criticisms from green groups
and government officials because of the controversial dumping of dolomite sand, typically
used in construction, on the shores of Manila bay. Critics say that the 389-million-peso
project has overlooked public consultations and is missing environmental assessments
and certificates, which means its true impact on Manila Bay’s marine life remains unclear.
However, an exec of DENR-EMB explained in an online public forum that the said project
doesn’t need an EIA because it is classified purely as an enhancement project which aims
to improve the quality and aesthetics of the bay using the enhancement components. But
in my opinion, the Manila Bay Rehabilitation Project definitely requires an EIA because it
falls under Group II (Non-Environmentally Critical Projects in Environmentally Critical
 Areas) of the Single Project Groupings in DAO 03-30. Refer to the tables below for
reference.

Manila bay can be considered as an ECA because it is frequently visited or hard-

hit by natural calamities such flooding during heavy rains/typhoons. It is also a tourist spot
and is a cultural heritage site as stated by Kristine Argallon, an environmental lawyer from
Philippine Earth Justice Center.

5. How environmental assessment can contribute to the achievement of sustainability.

(15 pts)

The EIA process can contribute to the achievement of sustainability through the following
aspects:

Environment

• Prevent the exhaustion of non-renewable resources (e.g. through identifying

opportunities for product recycling, waste minimisation and the search for alternative raw
materials)
• Contribute to community environment awareness and education by involving the
community in impact studies
• Find opportunities for rehabilitation of degraded landscapes and creation of habitats
Social
• Explore possibilities to install infrastructure to benefit the local community as well as the
development — such as roads, water and energy supplies, waste management systems,
telephone systems, health services, sporting facilities
• Identify employment and skills development opportunities for local people (e.g. cleaning
and catering businesses) • Ensure alternative livelihoods are sought for dispossessed
communities
• Instigate health education programmes for community and workforce (e.g. fighting
HIV/AIDS)
• Ensure that opportunities to conserve and develop cultural heritage are realised (e.g.
museum for artefacts found on site)
Economic
• Explore the possibility of reinvesting a share of the profits from resource development in
the local community
• Seek opportunities to add to the value chain of products associated with the proposed
development (e.g. carpentry industry near sawmill, aluminium foil manufacturing near
aluminium smelter)
• Stimulate and enhance local entrepreneurships where local benefits are maximised (e.g.
starting local nurseries to supply trees for rehabilitation programmes)
• Encourage local procurement practices
Governance
• Be sensitive to any local governance structures and actively contribute to processes and
structures that support good governance (e.g. existing EMCs)
• Promote EIA as a planning and site selection tool (environmental screening)
• Make EIA studies available to the community and decision-makers to contribute to their
knowledge base
• Participate in initiatives aimed at strengthening regional cooperation