Framework of environmental regs and EMB mandates, Plans, and programs

Framework - outline, skeleton, which support a particular approach

Environment - air, water land on which creatur

live

Regulations - rules based on and meant to carry out a specific piece of legislation

- enforced by the regulatoy agencies

Hierarchy of laws

Consti - fundamental, paramount

Right to balanced and healthful ecology

National laws and treaties (RA, BP, PD, EO by Aquino)

Treaty - compact between two or more independent states

Kyoto Protocol - 1992 treaty to reduce greenhouse gas emissions

RA 9729 - mainstreaming climate change policies in consonance with kyoto protocol

Also created the climate change comission

Sustainable development - meeting the needs of the present without sacrificing the future

- Rio de Janeiro

Paris Agreement - treaty on climate change to hold the increase of global average temp to below 2
degrees (196 states)

UNCLOS - signatory in 1982, ratified in 1984

National Laws - enacted by the legislative

AO - issued by the concerned departments/OoP

Ordinances - local laws passed by the LGU

LGU Ordinances

Jurisprudence - decisions coming from the Supreme Court

Oposa v Factoran - doctrine of intergenerational responsibility

MMDA v Res of Manila bay - SC issued a mandamus to 13 agencies to rehab the bay

DENR EMB Mandates

1977 - PD 1151, 1152 Philippine Environmental Policy and Philippine Environmental Code

1978 - PD 1586 Environmental impact statement system

1981 - PD 2146 PEISS coverage technical desc (Environmentally Critical Projects and ECAreas)

1987 - eo 192 reorganization of DENR

2002 - RA 8749 - clean air act

PD 1151 - to formulate an intensive, integrated program of environmental impact

EIS content

PD 1152 - defined 5 components: air qual mgmt, water qual mgmt, land use mgmt, natres mgmt,
waste mgmt

pd 1586 - established by the eiss// no person shall undertake or operate any environmentally
critical project or area without first securing an ECC

pd 2146 - ECP which may pose significant negative environmental impact

- ECA sensitive areas which require an ECC although not an ECP (e.g. tourist spots, prime agri
lands, reefs)

EO 192 - from DEENR to DENR

- FMB
- LMB

- EMB

- REGIONAL OFFICES

RA 8749 - EMB was converted from staff bureau to line bureau, meaning equal level with the other
bureaus, having their own regional directors

Envi Laws

PD 1586 - EISS

Clearance and permitting

- issuance of ECC, CNC

- identification/survey of projects wihout ECC

Monitoring and enforcement

- of ecc projects

- validation of cnc

RA 6969 - Toxic Substances Act

- issuance of sqi

- registration of cco

- import clearance

- survey of importers

Monitoring and enforcement

- registration of hazardous waste generators (HWG) (for haz waste ID)

- grease traps are considered hazardous waste

- issuance of transport permits (for accredited couriers)

- for gas emitting facilities

- <12kw = exempt 13 kw and above, requires another permit distinct from the mechanical permit

- if overalapping, ask EMB

RA 9003 - ESWMA

- monitor and enforce regulations on residual waste (those who go to landfills)

- denr emb- for private lgu emb for households

- MRF - materials recovery facility - segregation

RA 9275 - clean water act of 2004

- aims to safequard the quality of Philippine waters

- EMB issues waste water discharge permit

- PCO accreditation is under this

- enjoins EMB to monitor water quality

RA 9512 - environmental awareness and education program

- tasks the EMB to conduct trainings w regard to policies

QA

who monitors barangays - DILG monitors them, not the EMB

Environmental Impact Assessment (EIA)

PD 1586 - Section 4 no person shall operate until an ECC is secured by his authorized
representative

ECP

1. heavy industries - steel mill, petroleum

3. Infrastructure projects - dams,

ECA

- areas declared by law as national parks, watershed reserves, wildlife preserves, sanctuaries,
tourist spot, habitats of endangered or threatened species (flora/fauna), historic, archaeological or
scientific interests

- areas occupied by cultrural communities/tribes

- frequently visited/hard-hit by natural calamities

- areas w critical slopes

- prime agricultural lands

- recharged areas of aquifers

- mangrove areas

- corals

ECC considerations: Land Water Air People

pre feasibility:

1. detailed assessment

2. identification and mitigation needs

3. inputs to cost-benefits analyses

Detailed engineering

Project construction and development

Operation and Maintenance

ECC Amendments
minor: typos, deadlines, change of company name/owner, decrease in land area = 1000

major: expansion, increase in production, changes in flow/tech used = 2030

ECC Application Decision

1. Approval of ECC

2. Disapproval

a. Misrepresentation of facts

b. insufficiency in substance

c. technically not environmentally sound

ECC - approval document that signifies full compliance with the EIA process

- outlines commitments of the proponent, necessary to comply with existing regulations with the
best environmental processes

penalty for each condition not met with: 50,000

EMB memo circular 005 to identify if ECC or CNC

ecc considers total floor area including open space

amendment: if resorts have 10 or more rooms, IEE checklist

multiple projects - go to emb

Not covered if: operation has been halted since 1982

Revised Procedural Manual 2003

Public scoping is allowed

steel mills cat A - non ferrous metals, iron and steel mills

5 year validity of ECC

- IF the ECC issued states that it shall be valid for 5 years

auto revoked if project was not commenced in 5 years

Requirements for ECC Extension

a. justifications: unforeseen financial capability

b. operational constraints

c. Force Majeure etc

DENR memo 2023-01

[email protected] - rd email

[email protected] - instructor

CNC vs ECC

has its own threshhold based on the number of liters, the number of liters determines if it should
be registered under ECC or CNC

what if private resort?

Consult blue book, but generally depends on the land area and number of rooms offered

PD 1586 - PH Environmental Impact Statement System

sec 4 - no person shall operate any declared environmentally critical area without first securing an
ECC issued by the president or his representative
Terms

ECP - project or program that has high potential for significant negative environmental impact

1. Heavy industries - non ferrous metal industries, iron and steel mills, petroleum and petro chem,
smelting plants

2. Resource extractive industries - mining, fishpon

3. Infrastructure projects - dams powerplants, roads and bridges

4. Golf Course projects

ECA - areas delineated through pd 2146 as environmentally sensitive such that environmental
impacts are expected

- palawan underground cave, fields, mangroves, wetlands, coral reefs

Environmental Impact Assessment - a process that predicts and evaluates the likely effects of a
project during construction, commissioning, operation to abandonment

- includes appropriate preventive, mitigating, and enhancement measures to protect the

dao 2003-30

mc 2014-05

mc 2020-23

mc 2020- 26

mc 2020-27

mc 2020-30

mc 2020-31

mc 2021-05

mc 2021-12

mc 2024-003

mc 2022-002

mc 2022-05
mc 2022-06

Categories

A: environmentally critical projects - EIS report,

B: EIS, IEE checklist (could be through online)

C: environmental enhancement (flood control etc)

D: may secure CNC, (online)

ECC online - 20 days max, payment could be for the same calendar year

- register for an account

- file ecc

- 3 days allowance to check the documents submitted

REQS for ECC

land use plan

pemaps

emp

geolagged photographs (coordinates)

project layout signed by registered professional

proof of authority (lease contract, TCT)

sworn statement needs to be notarized

are mall tenants required to register for CNC/ECC

No. Only if the area is 1 hectare

CNC/ECC has no expiration, but must be amended

if >1000sqm/with 10 rooms ECC

if <1000sqm CNC

cement mix/construction if ecc/cnc : depends on the annual production rate

CNC online

valid id

notarized accountability statement

recent photos taken within 15 days from filing

geotagged photos

Site dev plan

PAMB clearance (only for NIPAS covered areas)

payment should be made within 15 days from order of payment

if mall tenant, still required to secure ECC?

Yes, if may ecc na si mall get as locator

No amendment for CNC, if expansion is substantial, ECC must be sought, and use CNC as proof.
Before expansion, ECC must be secured to avoid penalties

cnc reqs: SDP, photos, notarized sworn statement, gov id

if rehabilitation/retrofitting, ECC amendment is not required

if lessee, CNC only for dialysis site

Requirement for changing company name: emb circular no 2021-05

A: no expiration,

Is ECC/CNC required for construction of building?

A: depends on what type of building, the total building footprint dictates, if >1 hectare = ECC
otherwise = CNC

If gas station project, the basis whether it is ECC/CNC is the capacity for holding?

depends on capacity

If a mall tenant, without CNC, who monitors? DENR or mall admin?

A: both, EMB monitors the discharge

CNC is a pre-req of a discharge permit

If a building has a pantry, but has STP, no need for CNC

If installing 26kW, does the ECC have to be amended? (for company consumption)

A: No, it is considered as environmental enhancement

IF LOT AREA <1HECTARE = CNC

IF >1 HECATERE= ECC

if manufacturing, ECC/CNC

A: depends on what is being manufactured

ECC amendment reasons:

b. change in ownership

the one to sign sworn statement should be the authorized representative

IF increase in area, capacity, production rate: it will fall on major amendment

RA 8749 - Clean air act

- provides for a comprehensive air pollution control policy

- state recognizes the principle that the polluters must pay

june 23, 1999 -enactment

july 02, 1999 - published

july 17, 1999 - took effect

nov 07, 2000 - DAO 2000-81 , IRR

nov 10 publication

nov 25 took effect IRR

Air pollutant - any matter found in the atmosphere excluding oxygen, nitrogen, water vapor, etc that
is detrimental to health and environment

PM/gaseous pollutants

gaseous pollutants -

sulfur oxide - contributes in acid rain

nitrogen oxide - produced by motors

carbon monoxide - poisonous colorless odorless

lead - heavy

DAO 2000-81 (issued by DENR EMB)

PTO (permit to operate)

- authorization granted by emb to operate any installation for a specified period of time

types:

Temporary PTO - 3 months validity

Regular PTO - 5 years validity

Q: can temporary be upgraded to regular?

yes, shall have the validity of 4 years and 9 mo

Air pollution source installation (APSI)

any activity, structure, equipment, facility, appurtenances that may be a potential source of air
pollution

Air Pollution Control device (APCD)

any device used to prevent, control, or abate pollution

Large sources -

boiler with rating of 251 hp or higher

Diesel generator set - 1250kW or greater

any other source

frequency of testing: semi-annually

Medium sources

boiler 100-250 hp

diesel generator set 600-1249 kw

any other for 99 tons

Small

boiler 51-99 hp

diesel gen 301-599 kW

any other 30 tons per year

frequency: once every two years

EXEMPTED:

boilers with less than 50 hp or less

diesel gen set 300kW or below

any other source which may produce 10 tons at most

Permitting procedure

if a source fails to comply:

- service of notice of violation

- Technical conference

- submission of compliance plan with time table

- Adjudication of Pollution Adjudication Board

National Ambient Air Quality Standards

- pollutants resulting in excess of NAAQS shall not be permitted

updates on p RA 8479

may 2020-17 - online ONLY application of PTO for air pollution through OPMS

- fuel burning and non-fuel burning equipment not required to secure PTO

(1-15 kW machines) (offroad vehicles) (lawn mowers)

non-fuel burning (welding, etc for small scale operations, MAXIMUM 5 units/item)
emb 2021-14 requiring firms to install Continuous emissions and monitoring systems (for big
facilities, cement plants etc)

emb 2022-03 standby generators are no longer required PTO (less than 200 hours annually, 3 hours
a day at most, 3 days at most/week)

still required: those who use Bunker Fuel Oil (BFO)

FINES

100k FOR EACH DAY until complied with (for statinary source)

10k upto 100k and upto 6 years of imprisonment for any other

violations of CAA if 5 years PTO, 19500 fine

Are mall tenants required to obtain PTO?

A: No, the mall shall give you a copy for the gensets and the PTO is with the mall

If genset is not in use, is PTO still required?

A: No, report to SMR, or write a letter to EMB with permit number xxxxx is no longer in
use/functional

if running for less than 200 hours, still required for ET?

A: No, only Emission Estimate based on the fuel consumed and hours operational

is pto still required for genset operating for less than 200 hours?

A: yes, exempt from emission testing

who shall apply for PTO even if we are just lesssees?

A: you, coz u own the genset

GENSETS >15kW are required PTO

portable/stationary, basta >15 kw required

A: depends on the agreement of the parties

If generator dealer, am i required to secure PTO?

A: GR, no, unless you have your own installed generator.