DENR MC No. 2010-14 EIS System Standardization

Legal basis and covered framework

The circular implements streamlined EIS processing under PD 1586.
The policy aligns with the State’s requirement to ensure optimum economic development without delay through sustainable development.

Definitions and official references

The circular uses the established EIS terminology including Environmental Impact Assessment (EIA) Report, Environmental Compliance Certificate (ECC), Certificate of Non-Coverage (CNC), Environmentally Critical Projects (ECPs), and Environmentally Critical Areas (ECAs).
The circular directs project coverage determination through official lists of ECPs and maps of ECAs made available at EMB website and EMB Offices, and as provided in the Revised Procedural Manual for DAO 2003-30.
The circular relies on the EIS procedure framework implemented through DAO 2003-30 and its streamlined implementation.

Coverage and how to determine applicability

Project proponents and other concerned parties determine whether a project is covered by the EIS System by referring to the official lists of ECPs and maps of ECAs.
Project coverage determination is made using the EMB website and EMB Offices reference materials and the Revised Procedural Manual for DAO 2003-30.

ECC and CNC application requirements standardized

ECC applications require an EIA Report focusing only on the most essential information for the specific project type.
ECC applications must include the following documents:
- Proof of compatibility with the existing Land Use Plan, if necessary.
- Proof of ownership or authority over the project site.
- Accountability statements of the proponent and the EIS preparers.
- Photographs or plates of the project site, impact areas, affected areas, and communities.
- A Duly Accomplished Project Environmental Monitoring and Audit Prioritization Scheme (PEMAPS) Questionnaire.
- A Copy of Previous ECC, if any.
- The Latest Self Monitoring Report, and where applicable, the Compliance Monitoring Report (CMR) Format.
No other documents are required as pre-requisite to ECC applications.
For projects below the threshold of coverage based on the existing procedural manual for DAO 2003-30, CNC applications no longer require submission of Project Description Reports (PDR).
For threshold-below projects requiring CNC, a prescribed 1-Page Application Form (Annex 2) processed in the Automated Processing System (APS) is sufficient.
The EIA Report requirement for ECC applications must concentrate on environmental aspects of the project that have scientific basis and are verifiable.
Environmental concerns raised by the local community in the project area obtained through public scoping, public consultation, or other public participation methods for EIS-based ECC applications are considered in the review of the ECC application.

Public participation requirements in EIA and ECC review

Proponents of proposed ECPs must consult the community on the Scope of the EIA Study in a Scoping meeting.
Scoping must identify the most significant issues/impacts of the proposed project and delimit the extent of baseline information necessary to evaluate and mitigate the impacts.
The need for and scope of the Environmental Risk Assessment (ERA) must be determined during the scoping session.
DENR-EMB must present EIA findings for ECPs in a public consultation involving all legitimate stakeholders.
Environmental concerns raised during public consultation must be:
- properly documented, and
- addressed through appropriate management measures by the project proponent as part of the ECC application requirement.
Identified stakeholders in both direct and indirect impact areas must be informed of, and consulted on, the project proposal at the earliest EIA stage as possible.
Annex 3 provides guidelines for determining direct and indirect impact areas.
Annex 4 provides guidelines for stakeholder identification.

Expanded LGU participation in ECP EIA process

The Planning and Development Officer (PDO) or the Environment and Natural Resources Officer (ENRO) of the directly affected City/Municipal Government must be invited as a Resource Person of the EIA Review Committee for proposed projects classified as ECPs.
For ECP projects covering two (2) or more cities/municipalities, the Provincial PDO or ENRO must be invited as a Resource Person.
The result of the review of the EIA Study and the draft ECC must be presented to the concerned LGUs to obtain their inputs prior to the issuance of the ECC.

ECC application review rules and processing timelines

For proper assessment and documentation of ECC reviews for ECPs and other project types requiring an EIS, only one (1) request for additional information/clarification on the substance of the EIA report may be required from the project proponent.
The project proponent must respond within five (5) days; otherwise, EMB/DENR decides based on the submitted information.
The decision on the ECC application is issued within specified maximum processing timeframes after official acceptance of application documents and payment of required processing and review fees:
- ECP:
  - Approving authority: DENR Secretary / EMB Director
  - Maximum processing time: 40 working days
- Co-located applying for Programmatic ECC; Mining Projects; Forestry Projects:
  - Approving authority: DENR Secretary / EMB Director
  - Maximum processing time: 40 working days
- Non-ECPs requiring EIS or Programmatic Environmental Performance Report and Management Plan (PERRMP)-based:
  - Approving authority: EMB Regional Director
  - Maximum processing time: 20 working days
- Non-ECPs requiring Initial Environment Examination (IEE) and Environmental Performance Report and Management Plan (EPRRMP)-based:
  - Approving authority: EMB Regional Director
  - Maximum processing time: 20 working days
ECCs issued for all ECPs must include a condition requiring the establishment of a greening program.

Repeal and effect of inconsistencies

All issuances inconsistent with DENR Memorandum Circular No. 2010-14 are repealed and/or modified accordingly.