PEISS Coverage Screening and ECC Guidelines

Policy objective and coverage screening

The circular issues updated guidelines to amend/update prior screening and requirements to cover activities or undertakings that experience shows should be included in the PEISS.
Every proposed project or undertaking projected to have significant adverse impact to the quality of the environment is covered by the Philippine EIS System (PEISS).
PEISS coverage includes major expansion, rehabilitation, and/or modification of existing projects and resumption of projects that have stopped operations for a prolonged period.
Screening determines coverage by assigning each proposed project or undertaking to one of Category A, Category B, Category C, or Category D.
Projects that may fall in different categories are treated under the category with the most stringent requirements.

EIS system categories and ECC requirement

Category A covers environmentally critical projects (ECPs) classified under Presidential Proclamation No. 2146 (1981), Proclamation No. 803 (1996), and any later ECP declarations by the President; proponents implementing these projects from 1982 onwards must secure an Environmental Compliance Certificate (ECC).
Category B covers projects not classified as ECP under Category A, but deemed to significantly affect environmental quality because they are located in an Environmentally Critical Area (ECA) as declared under Proclamation No. 2146, and according to parameters set forth in the PEISS screening guidelines; proponents implementing these projects from 1982 onwards must secure an ECC.
Category C covers projects not falling under Category A or Category B that are intended to directly enhance environmental quality or directly address existing environmental problems.
Category D covers projects deemed unlikely to cause significant adverse impact based on parameters in the screening guidelines; these projects are not covered by the PEISS and are not required to secure an ECC.
Non-coverage under Category D does not prevent compliance with other environmental laws and government permitting requirements.

Screening matrices, thresholds, and long-stopped projects

A ready matrix for determining the category of proposed projects is attached as Annex A of the PEISS Coverage Screening Guidelines.
Annex A revises Annex 2-1b of the 2007 Revised Procedural Manual for DAO 2003-30 and revises thresholds specified in pages 18–20 of the EIA DRR/CCA Technical Guidelines implemented under MC 2011-005.
Proposed major expansion, rehabilitation, and/or modification of existing projects are categorized according to parameters in Annex B of the Screening Guidelines.
Resumption of projects that have stopped operations for more than five (5) years is categorized under Annex B.
The EMB shall implement a web-based system to increase transparency in screening projects for PEISS coverage.

Standardized documentary requirements and applicants

All ECC applications must be accompanied by an Environmental Impact Assessment (EIA) Report in one of the following forms: an Environmental Impact Statement (EIS), an Initial Environmental Examination (IEE) Checklist Report, an Environmental Performance Report and Management Plan (EPRMP), Programmatic EIS, or Programmatic EPRMP.
Certificate of Non-Coverage (CNC) applications must be accompanied by a pro-forma project description prescribed in Annex C of the PEISS guidelines.
ECC/CNC documentary requirements and the processing/deciding office depend on category, type, and status of implementation of the project, as set out in the standardized matrix:
- For Category A (Environmentally Critical Projects):
  - A-1: New co-located projects: Programmatic EIS; processed/decided by EMB Central Office.
  - Single Project (co-located projects under Category A): Single Project EIS; processed/decided by EMB Central Office.
  - A-2: Existing and to be expanded, modified and/or rehabilitated: Programmatic EPRMP (program monitoring data available) or Single Project EPRMP; processed/decided by EMB Central Office.
  - A-3: Operating without ECC (co-located projects): Programmatic EPRMP (monitoring data available) or EIS (no monitoring data available); processed/decided by EMB Central Office.
- For Category B (Non-Environmentally Critical Projects):
  - B-1: New co-located projects: Programmatic EIS; processed/decided by EMB Regional Office in the region where the proposed project is located.
  - Single Project (Category B-1): Single Project EIS; processed/decided by EMB Regional Office in the region where located.
  - B-2: Existing and to be expanded, modified and/or rehabilitated: IEE Checklist for ECC/CNC processing per the standardized requirements shown; processed/decided by EMB Regional Office in the region where located.
  - B-3: Operating without ECC: Single Project EPRMP with EPRMP Checklist, and for co-located projects: PEPRMP where programmatic monitoring data are available; processed/decided by EMB Regional Office in the region where located.
- For Category C (Environmental Enhancement or Direct Mitigation):
  - For co-located or single projects: submit Project Description (Parts 1 and II) to confirm non-coverage or further classify as either Category A or Category B; processed/decided by EMB Regional Office in the region where located.
- For Category D (Not Covered):
  - Submit Project Description (Part I only) and, for a project prior to 1982, submit Project Description (Part I only) and Proof of Project Implementation prior to 1982 without expansion/alteration/modification when applying for CNC; processed/decided by EMB Regional Office in the region where located.

Category-specific submission rules and confirmations

Proponents of Category D projects must not be required to submit any document to the EMB.
Proponents of Category D projects may opt to secure a Certificate of Non-Coverage (CNC) by accomplishing and submitting a pro-forma project description prescribed in Annex C.
Proponents of projects intended to directly enhance environmental quality or directly address existing environmental problems must submit a Project Description (PD) to the EMB Regional Office having jurisdiction over the area where the project will be located.
The Project Description for Category C must follow the format attached as Annex C of the PEISS guidelines to confirm that the project falls within Category C.

Effects of ECC/CNC and review responsibility

The issuance of an ECC or CNC does not exempt a proponent from securing other government permits and clearances required by other laws.
An ECC or CNC does not resolve issues that fall within the mandate of other government agencies.
ECC applications for the expansion, rehabilitation, or modification of an existing project/undertaking—including proposed resumption after a prolonged stoppage—must be reviewed in the Office that originally issued the ECC.
If a project originally classified as Category B is re-classified as Category A based on the total/revised capacity, the application must be reviewed at the EMB Central Office.

Repeal, modification, separability, and continuity

All provisions in MC 2007-002, the Revised Procedural Manual for DAO 2003-30, and other issuances inconsistent with EMB Memorandum Circular No. 2014-005 are deemed repealed, superseded, and/or modified accordingly.
If any provision of EMB Memorandum Circular No. 2014-005 is declared unconstitutional or invalid by a competent court, the remaining sections or provisions not affected continue in full force and effect as if the invalid provisions had never been incorporated.