EIA and the State of the Philippine Environment

John Warner M. Carag

• History of Environmental Impact Assessment in the Philippines

• State of the Philippine Environment through the years

• Can be traced back from issuance of 1969 NEPA of US

• 1972 – UN Conference in Stockholm urged countries to integrate environmental considerations in socio-economic development and decision-making

[Philippine Environmental Policy]

[Environmental Impact Statement System]

Presidential Decree 1151 (1977)

Presidential Decree 1586 (1978)

a) The environmental impact of the proposed action; project or undertaking

b) Any adverse environmental effect which cannot be avoided should the proposal be implemented

c) Alternative to the proposed actiond) A determination that the short-term uses of the

resources of the environment are considered with the maintenance and enhancement of long-term productivity of the same; and

e) Whenever a proposal involve the use of depletable or non-renewable resources, a finding must be made that such use and commitment are warranted

• The official EIA system of the Philippines

• IRR-PD 1586

• Implementing Rules and Regulations

• Define the parameters for EIS; established penalty structures for non-compliance; created EIA review committee’ set the procedures for implementing the EIS system; provided exemptions, and established procedures public hearing related to an EIS

PD 1586 June 11, 1978

Establishing the Environmental Impact Statement System including other Environmental Management and Related Measures

Office Circular No. 3 Nov 7, 1983

Technical Definitions and Scope of the Environmentally Critical Projects and Areas Enumerated in Proc. 2146

Council Res. No.4 Dec 11, 1984

Revised Rules and Regulations Implementing PD 1586

DAO 92 -21 1992 Devolution of the EIS to the EMPAS (EMB Regional Offices)

AO 300 (Malacanang

Administrative Order)

Nov 4, 1996

Further Strengthen the Philippine EIA System and Clarifying Authority to Grant/Deny ECC

DAO 96-37 Dec 2, 1996

Revising DAO 21 and Further Stregthen the EIS System

DAO 99-37 Aug 23, 1999

Operationalization of the Environmental Revolving Fund (ERF)

DAO 2000-05 Jan 6, 2000

Programmatic Compliance

DAO 2000-37 Apr 10, 2000

Standard Costs and Fees Relative to the Implementation of the EIS System

MC 2001-01 Apr 5, 2001

Guidance on the Implementation of DAO 2000-05, Scope of the EIS Programmatic Compliance Policy

AO 42 (Malacanang Administrative

Order)

Nov 2, 2002

Rationalizing the Implementation of the EIS System and Granting Authority to the EMB Director and Regional Directors

MC-2002-15 Nov 25,2002

Scope and Guidelines for the Imposition of Fines and Penalties under the Philippine EIS System

EO 190 (Malacanang

Executive Order)

Mar 31, 2003

Abolishing the GCCDC and Transferring its Powers and Functions to the DENR

MC No. 2003-004 Jun 6, 2003

Amendment to the Limits of Piggery Heads that would require an ECC

DAO 2003-30 Jun 30, 2003 IRR of the Philippine EIS System

MC 2003-21 part1, part2

Sep 30, 2003

Guidelines on the Availment of the Reduction of Penalties for Projects Operating Without ECC

MC 2004-001 April 23, 2004 Non-requirement of Barangay and/or local government unit Endorsement and Locational Clearances for CNC

Applications

MC 2004-002 Aug 30, 2004 Certificate of Non Coverage (CNC) for Barangay Micro Business Enterprises (BMBEs)

MC 2004-04 Oct 05, 2004 IEE Checklist for Economic Zone Enterprises

DAO 2004-61 Oct 07, 2004 Delegation of Authority to the General Manager of the Laguna Lake Development Authority to Grant or Deny the

Issuance of ECC/CNC for Projects located in Environmentally Critical Areas (ECAS) within the Laguna De Bay Region

MC 2005-01 Jan 5, 2005 Procedural Manual for DENR Administrative Order No. 30 Series of 2003 (DAO 03-30)

Memorandum Sept 08, 2005 Clarification on the Provisions of Section 11 of the Procedural Manual for DAO 2003-30 "Fines, Penalties and Sanctions."

DAO 2005-02 Feb 8, 2005 Exemptions of Projects located in PEZA from securing ECC from LLDA

MC 2005-07 Nov 14, 2005 Environmenatl Performance Report and Management Plan (EPRMP) Checklist for Economic Zone Enterprises

Memorandum Jan 18, 2005 PEZA Seeking Clarification on EIA Policy

DAO 2005-06 Apr 6, 2005 Guidelines for the Institution of the System of MEIC

MO 2005-21 Dec 21, 2005 Supplemental Guidelines to MEIC

MO 2006-01 Feb 21, 2006 Suspension on the Implementation of the MEIC

MC 2006-003 Sept 19, 2006 IEE Checklist for Wind Energy Projects

MC 005 Dec 19, 2006 Clarificatory Guidelines in the implementation of DENR Administrative Order No. 30 Series of 2003, IRR for the PEIS

MC 2007-001 March09, 2007 Environmental Impact Assessment (EIA) Review Manual

DMC 2007-08 Jul 13, 2007Simplifying the requirements for Environmental Compliance

Certificate or Certificate of Non-Coverage Applications

Retrieved from www.emb.gov.ph

Defined and dentified:

• ECAs – environmentally critical areas

• ECPs – environmentally critical projects

• To identify the different Environmental Critical Projects, refer to the projects that have been given an ECC. These can be categorized in the following classes:

• heavy industry;

• extractive resource;

• infrastructure project;

• golf course

Retrieved from: http://www.cookbook.hlurb.gov.ph/4-08-08-environmental-management-environmentally-critical-areas-project

[National Environmental Protection Council]

[National Pollution Control Commission]

[Environmental Monitoring Bureau]

• ECC applications for Non-Environmentally Critical Projects in Environmentally Critical Areas was devolved to Regional DENR offices

• Decentralized certain EIA functions to DENR regional offices; defined the need for public hearings, established the concept of multi-sectoralmonitoring team and Environmental Guarantee Fund

• Assigned to LGUs the functions of issuing ECCs and adjudicating cases involving environmental complaints against small projects and businesses

• DENR EMB released the Revised Procedural Manual containing more detailed guidelines and procedures in implementing the Philippine EIS System

STATE OF THE PHILIPPINE ENVIRONMENTPREPARED BY

Forests

25th of 196 countries in total

number of terrestrial species

6,091 out of 9,253 (65.8%) total

are endemic plant species

102 out of 167 (61.1%) total are

endemic mammal species

25M people live and directly

depend on forests for livelihood

Retrieved from: http://www.investphilippines.info/arangkada/climate/environment-and-natural-disasters/

http://www.fao.org/docrep/008/af349e/af349e0o.htm

We have the 4TH most threatened forest species in

Asia-Pacific. Only 6.6% of forest cover remains. 1.4%

rate of forest loss highest in East and Southeast Asia.

Deforestation Drivers

75% of forests allocated for

production, only 23% left for

conservation and protection

325,310 ha of Timber

License Agreements still operating

1.1M ha of forest lands

privately owned, only 2% owned by

communities

Our topsoil suffers from land degradation with 5.2M

Ha already eroded. An annual average of 2,227 Ha

of irrigated rice lands are converted to housing and

industrial plants annually. Only 14.5% of cropland

are irrigated.

Minerals

9M Ha or 30% of total land

area has metallic mineral deposits

5th most mineralized country in

the world, 3rd in gold, 4th in

copper 5th in nickel

Php47 trillion estimated

worth of our mineral resources,

10x of GDP and 14-17x of foreign

debt

Only 0.6% contribution to employment, 1.2% GDP

contribution. 58 KBAs or key biodiversity sites covered

by mining permits. At least 25 tailing dams failures in the

past 25 years.

Freshwater

18 major river basins, 59natural lakes

119 proclaimed

watersheds

Estimated water resource

potential is 145,900million cubic meters/year

Only 2 out of 5 of Philippine households have access

to potable water. 50 out 421 rivers are biologically

dead. 58% of groundwater sources have been

depleted.

Energy

138M barrels in oil

reserves

1,977 MW installed

capacity of geothermal

energy

Renewable energy

such as hydro, wind, wave,

biomass, and solar

Pollutive Energy

12 operating coal-fired

power plants, 5 more in next

3 years

7.9% annual growth rate

of carbon emmissions

52% of total generation

capacity owned by only

three groups

Rappler, 2013

Urbanization

23.9M population that lives in urban

slums

35,000 tons of solid waste

generated daily in addition to lack of

waste storage and recycling

138 mcg/m3average total air

particulates compared to 90 micrograms

DENR standard

Civil Rights

23.9M population that lives in urban

slums

35,000 tons of solid waste

generated daily in addition to lack of waste

storage and recycling

138 mcg/m3 average total air

particulates compared to 90 micrograms

DENR standard

Human rights violations34 recorded cases of killings of environmental

advocates under Aquino, 70 since 2001

15 SLAPPs against anti-mining leaders in Nueva

Vizcaya

High profile cases: Capion Massacre, Dr. Gerry

Ortega, Leonard Co, Fr. Pops, Willem Geertman,

Capion family, Freay family

Oplan Bayanihan, SCAAs and other

Paramilitaries, SLAPPs

ENVIRONMENTAL ADVOCATES: ENDANGERED!

PEOPLE'S STRUGGLE!

Grassroots direct action

Progressive policy advocacy

Participatory research and education

Public information and creative

communication

Integrating legal action

International solidarity

The biologically-dead Balog river

affected by Philex mine spill

Mangrove area affected by spills from

Citinickel operations in Palawan

Silted Didipio River affected by

Oceana Gold in Nueva Vizcaya

IMPACT OF FOREIGN INTERVENTION

Subic Toxic Waste DumpingGlenn Marine dumped toxic and

human waste in Subic Bay

Toxicity level is 700 times the

allowable limit

Continuing port calls and

maneuverings of US vessels

Grounding of the USS Guardian in

Tubbataha Reef

Damaged reef: More than 2,345 sq.m

cover, 10 m in depth, US$1.4 million PH

government valuation

Chinese poacher Min Yong-Lu followed

with almost 4,000 sq.m destroyed

One year to grow a millimeter of hard

corals, while a complete meter needs

250 years to mature.

IMPACTS OF FOREIGN

INTERVENTION

Manila Bay ReclamationCritical ecosystem and habitat of species

38 of 100 reclamation projects are

proposed in Manila Bay (Total of 26,234

hectares)

Reclamation might result in flooding,

reduce ecological services, loss of

habitat to marine creatures and bird

species, liquefaction and loss of

livelihood for people and community

THE THREAT OF RECLAMATION

LPPCHEALas-Pinas Paranaque Critical Habitat and

Ecotourism Area covered by reclamation

175-Ha mangroves and mudflats are last

mangrove expanse in Metro Manila

Sanctuary to average of at least 80 bird

species, including migratory ones

Important to fisheries, ecotourism,

disaster mitigation

THE THREAT OF RECLAMATION

500,000 liters of diesel spilled in

Cavite part of Manila Bay

Cebu maritime disasters spilled 20

tons of diesel and 120 tons of bunker

fuel from sunken ships

Studies show impacts of diesel on

aquatic species loss can last 3-15

months, cost $44-59-M (initial costs:

P6.5-M in mangrove damages in

Cebu)

OIL SPILLS ACROSS PH

CLIMATE CHANGE AND COAL

Extreme Weather EventsTyphoon Pablo: more than 1,000

dead, more than 800 missing, more

than 700,000 families or more than 6

million people affected

Aggravated by disaster

unpreparedness, large-scale mining,

agricultural plantations and poverty

4th on Global Climate Risk Index

2013, most disaster-affected country

in 2012 (PH Disaster Report 2012,

CDRC)

CLIMATE CHANGE AND COAL

Coal expansion from energy

privatization

9 operating coal-fired power plants,

16 more currently approved under

Aquino

Existing plants produce 24.955-M

tons of CO2 per year

Energy privatization due to Electric

Power Industry Reform Act (EPIRA)

leads to use of cheap coal for private

profit

Thanks for listening!