Revised DENR Order on Programmatic EIS Compliance

Defines key terms relevant to the EIS system such as Ambient Levels, Carrying Capacity, CENRO, Compliance Monitoring, DENR, Discharge Allocations, Eco-profile, Economic Incentives, Ecozone, EMB, ECC, EIA, EIARC, EIS, EISPC, Environmental Monitoring Fund, Export Processing Zone, Industrial Development Area, Industrial Estate, Locator Firm, Market-Based Incentives, Forecasting Methodologies, Multi-Sectoral Monitoring Team, PENRO, Permit, Pollution Management Appraisal, Program, Programmatic Compliance, Project, Project Profile, Project or Program Administrator, Proponent, Public Hearing, RED, Regional Agro-Industrial Center, Remediation Plan, RTD, Social Acceptability, Special Economic Zone.

Applies to projects subdivided into phases or those within industrial estates/clusters.
Existing single-project ECC holders in Industrial Development Areas (IDAs) remain subject to programmatic compliance conditions.
Transitional provisions apply to locator firms regarding discharge allocations and compliance.

Projects outside programmatic compliance categories are subject to individual project EIS requirements.
New locators in IDAs deviating from original programmatic EIS must submit single-project EIS but may use eco-profile data.

EMB processes EIS programmatic compliance documents.
Screening and scoping determine procedural applicability.
Proponent may submit Project Profile for procedural assessment.
Development within Integrated Protected Areas is prohibited unless designated by the President.

Defines range of actions, alternatives, impacts, and area for eco-profiling.
Objectives: ensure relevant EIA issues; involve stakeholders; address carrying capacity and legal constraints; agree on social acceptability methods.
EMB assigns reviewers and approves scoping report.
Scope may be adjusted as new information arises.

Proponent prepares and submits Programmatic Environmental Impact Statement (PEIS) per guidelines.
Encourages broad stakeholder involvement to ensure openness and transparency.

EMB may convene EIA Review Committee to assist in technical evaluation.
Committee composed of experts from DENR, academia, government, and private sector.
EMB schedules public hearings and may require additional information.
Proponent expected to demonstrate social acceptability.

EIARC submits review result and recommendation within 15 days.
EMB Director forwards recommendations for Secretary's final decision.
Secretary grants or denies ECC considering environmental and social costs.
ECC conditionalities include project scope, pre-operational phases, implementation of management and monitoring plans, multi-sectoral monitoring, discharge permits, MOAs, financial liability, compensation plans, infrastructure, and use of incentives.
Copies of ECC and related documents distributed to stakeholders.

Must include project description, scoping report, eco-profiling, impact analysis, risk assessment if needed, environmental management plan, monitoring and guarantee fund proposals, post-operation plans, accountability statements, and supporting documents.

Public information requirements include accessible communication and posting of notices.
Proponent initiates public consultations.
Public hearings conducted to facilitate exchange of views; notices published and posted.
Hearing officers appointed with authority to conduct proceedings and report.
Documentation of public process required for EMB validation.
Process must be open, transparent, ensuring wide public understanding.

Formation of Multi-Partite Monitoring Team (MMT) representing stakeholders, especially local communities.
MMT to monitor compliance with ECC conditions, management plan, and laws.
Project administrators must allow access for monitoring.
Discharge allocations operationalized through permits and regional office monitoring.

Proponents must establish Environmental Monitoring Fund (EMF) by construction phase.
EMF amount based on estimated costs of monitoring and information programs.
Environmental Guarantee Fund (EGF) required for projects posing significant public risk or needing rehabilitation.
Financial responsibility assurance mechanisms include insurance, bonds, trust funds.

DENR to promulgate guidelines on incentives promoting environmental improvement.
Incentives voluntary and include offsets, tradeable allowances, fees, waste exchange.
Purposes include maintaining pollutant load limits, achieving compliance, and funding environmental management.
Pollution Management Appraisals recommended to identify reduction opportunities.

DENR to brief affected LGUs on eco-profiles.
MOA to incorporate eco-profiles into LGUs' Comprehensive Land Use Plans, considering ecological balance.

Proponents: conduct EIA, public involvement, provide accurate EIS, comply with ECC, publish notices, submit reports.
DENR Office of Secretary: policy approval, advising government, issue/deny ECC.
EMB: policy formulation, EIS assessments, coordinating public hearings, monitoring.
Regional Offices: law implementation, complaint investigation, compliance monitoring, coordinate stakeholders, chair monitoring teams.
PENRO / CENRO: local coordination and public information, assist inspections and monitoring.
EIA Review Committee: assists in evaluation and recommendations.

Project/program administrators responsible for ECC compliance; liable for violations/accidents.
Violations: operating without ECC; violating ECC conditions.
Reports prepared by EMB or regional offices to recommend fines.
Fines for operating without ECC: up to P100,000 per IDA plus P50,000 per locator.
Violators must comply within 45 days; daily fines apply thereafter.
ECC violations: first offense fines up to P100,000 with mandatory remediation plan.
Subsequent offenses may lead to operation cessation, ECC revocation, further sanctions.
Motions for Reconsideration and Appeals have specific timelines and finality.