A FRAMEWORK FOR THE EIA SYSTEM AND THE ECC

1
A FRAMEWORK FOR THE EIA SYSTEM AND THE ECC
GETTING TO THE BASICS
By DR. E. G. ALABASTRO Vice Chair,
Environmental Committee PHILEXPORT
2
INTRODUCTION - A FRAMEWORK WITHIN THE LAW
E I A
RECEIPT BY EMB
E C C
IMPLEMENTATIONOF LAWS
3
PROPOSED FRAMEWORK
4

• 0 BASIC - IS THE EIA SYSTEM NEEDED ? YES!

1.1 INDUSTRY PERSPECTIVE
TO KNOW THE SPECIFIC LAWS AND THEIR CORRECT
INTERPRETATION APPLICABLE TO EACH SPECIFIC
PROJECT
TO INSULATE ITSELF FROM ARBITRARY INTERPRETATION
OF LAWS / IRRs AND UNDUE BUREAUCRATIC PROCESS
A LEARNING PROCESS THROUGH THE REVIEW COMMITTEE
TO BE ABLE TO PLAN PROPERLY
5
1.2 REGULATORY PERSPECTIVE
TO HAVE CLEAR GUIDELINES FOR MONITORING AND
ISSUING COMPLIANCES OR NOVs OR CDOs
TO INSULATE ITSELF FROM INVALID COMPLAINTS FROM
VARIOUS SECTORS AGAINST ALLEGED VIOLATORS
WHICH OTHERWISE WILL DRAIN DENR / EMBs ALREADY
LIMITED RESOURCES.
TO BE ABLE TO SET MECHANISMS FOR FINANCIAL
LIABILITIES OF THE INDUSTRIES
6
2.0 WHY NOT JUST PUNISH VIOLATORS AND DISPENSE
OF THE EIS
NOT GOOD SAFEGUARD. VIOLATION MEANS DAMAGE TO
ENVIRONMENT ALREADY DONE. EIS A PREVENTIVE
MECHANISM
DIFFICULT TO IMPOSE SANCTIONS WHEN MANY IRRs NOT
CLEAR PROCESS OF IDENTIFICATION OF APPLICABLE
IRR IS IN THE EIA.
3.0 PERMITTING VERSUS PLANNING TOOL
ECC IS THE PERMIT. EIA IS THE PLANNING TOOL.
4.0 TIME FACTOR
NOT A VEHICLE FOR OTHER AGENDA
7
5.0 FRAMEWORK FOR STREAMLINING
5.1 SECURING OF ECC
CNCs FOR NON SIGNIFICANT IMPACTING PROJECTS (
E.G. MSMES )
RESPONSIBLE AGENCY - DENR ( SEE ALSO ITEM 6 )
5.2 THE EIS SYSTEM ( SEE GRAPHICAL ILLUSTRATION )
DENR TO CONFINE ITSELF TO ITS MANDATE ( EO 192 )
OF PROTECTING THE NATURAL ENVIRONMENT.
OTHER PROJECT ASPECTS NOT WITHIN DENR MANDATE
ONLY TO BE IDENTIFIED AND COMPLIANCES OR ISSUE
RESOLUTION TO BE HANDLED OR DEVOLVED TO PROPER
AUTHORITIES ( E.G. LGU, MMDA, DSW, LRA, HLURB,
DAR, PAMB, ETC. )
ACTS OF GOD HOW TO HANDLE ? - THE EGGAR
WAY ?
8
6.0 DEVOLUTION
6.1 WHY DEVOLVE ? CONTRADICTS PROPOSED
CREATION OF AN EIA BUREAU. IF REASON IS
EMB SCARCE RESOURCES REVIEW IF IT IS
LACKING RESOURCES OR IT IS BEING ENTASKED
WITH FUNCTIONS NOT IN ITS MANDATE.
6.2 BASIC TO DEVOLUTION IS AGENCY TO DEVOLVE TO
MUST HAVE THE NECESSARY EXPERTISE. BUT EIA
IS NOT A SCIENCE. IT IS MORE OF AN ART OF
ASSESSMENT WHERE EXPERIENCE COUNTS. HOW
TO CLONE THE OTHER AGENCIES WITH THE
DECADES OF EMB EXPERIENCE?
6.3 SUSTAINABILITY AND CONSISTENCY WITH TIME.
6.4 HOW OTHER AGENCIES CAN COPE WITH DYNAMIC
CHANGES THAT EMANATE FROM THE DENR
MANAGEMENT.
6.5 CANNOT JUST VIEW DEVOLUTION INDEPENDENT OF
POST ECC FUNCTIONS E.G. MONITORING.
9
7.0 OTHER CONCEPTS NOT PREVIOUSLY DISCUSSED
7.1 DUE TO LEGISLATIVE NORMS, ECC EXEMPTS
PROJECTS BEFORE 1980S BUT THESE COULD BE
SIGNIFICANT POLLUTERS.
EXEMPT PROJECTS FROM ECC ( A PERMIT ) BUT
REQUIRE TO SUBMIT EIA ( E.G. AS PART OF THE
PERMIT TO OPERATE )
7.2 ECC ONLY BEFORE PROJECT IMPLEMENTATION. HOW
ABOUT DECOMMISSIONING OF PROJECTS WITH
RESIDUAL IMPACTS. MUST HAVE ALSO PERMIT
TO DE-IMPLEMENT
7.3 ECC MAY ALLOW CERTAIN PRE OPERATIONAL
ACTIVITIES WHICH DO NOT RESULT IN
SIGNIFICANT IMPACTS TO PROCEED BUT WITH
FINANCIAL BONDS
( E.G. ACCESS ROADS, SITE CLEARING, SITE GRADING,
ETC. )
10

• SUMMARY PREMISES FOR PROPOSED FRAMEWORK
• STREAMLINING
• EIA IS A PLANNING TOOL ECC IS A PERMIT
• ENVIRONMENT BUSINESS FRIENDLY NGO LGU
  CONCERNS NOT
• ELIMINATED - WIN WIN
• DENR / EMB TO FOCUS ONLY ON ITS MANDATE
• CLEAR DEFINITION OF THE TERM ENVIRONMENT
• IMMEDIATELY IMPLEMENTABLE / NO NEED FOR
  CONGRESSIONAL
• ACTION PENDING REVISED LAW
• EIA REVCOM SYSTEM EVALUATING EIA PRESERVED

11
REPRESENTATION OF THE STREAMLINED EIA SYSTEM
MANDATE OF DENR
EIA PLANNING TOOL
SOCIAL ACCEPTABILITY LGU
ZONING HLURB TCTs LGU/LRA
INFORMAL SETTLERS LGU/OTHERS
TRAFFIC LGU/MMDA IPs IP Commission
AESTHETIC LGU? LAND CONVERSION
DA
AIR WATER LAND BASELINING IMPACTS MONITORING
EMP/RISKS
NATURAL ENVIRONMENT
OTHER DENR BUREAUS
SOCIO-ECONOMIC CULTURAL
ISSUES/ RESOLUTION
PAMB
MGB
FORESTRY
REPORT OF EIA REVCOM OR EMB APPROVAL OF CONTENT
ONLY
FOR EMB APPROVAL
ECC ISSUANCE OR DENIAL
FOR INFO PURPOSES ONLY
INSURANCE, PERMIT TO OPRATE TRANSPORT, ETC.
MONITORING
APPLICATION OF VARIOUS LAWS, IRRS, ISSUANCES