Department of Environment

and Natural Resources

Environmental Management Bureau
Regional Office No.3----EDLIC

Framework of the
Environmental
regulations
In the Philippines
The Spanish Law of Waters on 1966
which was extended to the Philippine in 1971
was the first documented manifestation of the
anti-pollution provisions and has specifically
stated in Article 268 that:
“when an industrial establishment was found after due
investigation, to have contaminated the waters with
substances or properties noxious to the public health,
the Governor-General could suspend its operations until
the owner adopted a suitable remedy.”
As early in 1950’s, environmental
protection was manifested in the Philippine
statutory provisions in which case it dealt
with pollution together with land use
issues under such headings as properly,
trespass, nuisance and riparian rights.
This was specifically provided for the
Philippine Civil Code of 1950.
The Philippine Constitution of 1987
provides the overall tenor for
environmental policies as it affirms the
duty of the State “to protect and
advance the right of the people to a
balanced and healthful ecology in
accordance with the rhythm and harmony
of nature.”
 This act established the National Air and Water
Pollution Control Commission under the Office of
the President (RP) and was tasked to combat air
and water pollution.
 The Commission was composed of NSDB
(Chairman), DOH, DANR, two representatives
from private sector (PCST and CIP), plus 2 full-
time commissioners. Penalty for violators was
only Php 50/day or 2-6 years imprisonment.
 The commission has no jurisdiction over
waterworks operated by NAWASA. This was
revised by PD 984.
 PD 979 otherwise knows as the Marine Pollution
decree of 1976 revised PD 600.
 It vested the NPCC with the primary
responsibility of promulgating national rules and
policies governing marine pollution while giving
the Philippine Coast Guard (PCG) the primary
responsibility of enforcing the laws, rules and
regulations governing marine pollution. Within
PCG, an operations center was set up for
combating oil spill and spillages – National
Operations center for Oil Pollution.
 This decree revised RA 3931 which resulted in a
much stronger National Pollution Control
Commission.
 NPCC was the sole primary agency responsible
for the prevention, control and abatement of
air, land and water pollution.
 NPCC was still under the Office of the
President, headed by a full-time commissioner
plus 2 full-time deputy commissioners.
 PD 984 sets the maximum fine of P5,000/day
for pollution violations and PD P1,000/day for
administrative violations or imprisonment.
 It has no jurisdiction over waterworks and
sewerage system of MWSS, and areas under
Tondo Foreshore Development Authority and
LLDA.
 Created the National Environment Protection
Council (NEPC) which served as the central
authority to oversee, unify and integrate the
planning, management and implementation of
the government’s environment program
 The council was composed of the President of
the Phil. (Chairman), Sec. of Natural Resources
as Executive Officer, and as members, the
presidential Assistant for Development,
secretary each of Public Health, Local
Government and Community Development,
Industry, National Defense, Public Works,
Transportation and Communication, Chairman of
the Energy development Board, Budget
Commissioner, Chairmen of NPCC, NSDB, HSC,
and Chairman of Environmental Center of the
Philippines.
The Philippine Environmental Code prescribes
management guidelines aimed to protect and
improve the quality of the environment particularly
the Philippine water resources through;
a. Classification of Philippine waters;
b. Establishment of water quality standards;
c. Protection and improvement of the quality of
Philippine water resources;
d. Responsibilities for surveillance and mitigation
of pollution incidents.
Section 1. Policy
It is hereby declared a continuing policy of the State
(a) to create, develop, maintain, and improve
conditions under which man and nature can
thrive in productive and enjoyable harmony
with each other,
(b) to fulfill the social, economic and other
requirements of present and future gene-
rations of Filipinos, and
(c) to insure the attainment of an
environmental quality that is conducive to
a life of dignity and well-being.
Section 2. Goal
It shall be the responsibility of the Government,
in cooperation with concerned private organizations and
entities, to use all practicable means, consistent with
other essential considerations of national policy, in
promoting the general welfare to the end that the
Nation may:
(a) recognize, discharge and fulfill the respon-
sibilities of each generation as trustee and
guardian of the environment for succeeding
generations,
(b) assure the people of a safe, decent,
healthful, productive and aesthetic environment,
Section 3. Right to a Healthy Environment
In furtherance of these goals and policies, the
Government recognizes the right of the people to a
healthful environment. It shall be the duty and
responsibility of each individual to contribute to the
preservation and enhancement of the Philippine
environment
ORDER PROVIDING FOR REORGANIZATION OF THE
DEPARTMENT OF ENVIRONMENT, ENERGY AND
NATURAL RESOURCES, RENAMING IT AS THE
DEPARTMENT OF ENVIRONMENT AND NATURAL
RESOURCES, AND FOR OTHER PURPOSES.

Executive Order No. 192

Section 2. Reorganization

The Department of Environment, Energy, and

Natural Resources is hereby reorganized
structurally and functionally and renamed as the
Department of Environment and Natural
Resources, hereinafter referred to as
Department, in accordance with the provisions of
this Executive Order.
In the Organizational set-up there are three
offices within DENR handling issues on
environmental management and pollution control
such as the:
a. Pollution Adjudication Board (PAB)
b. Environmental Management Bureau (EMB)
c. Regional Offices
ENVIRONMENTAL MANAGEMENT BUREAU
(EMB)-DENR

• The Environmental Management Bureau

(EMB) was created under Executive Order
No. 192 or the DENR Reorganization Act of
1987 and was made a line bureau of the
Department by virtue of Republic Act No.
8749 or The Philippine Clean Air Act of
1999.
EMB VISION

A nation empowered to protect our natural

resources, in the pursuit of sustainable
development, for a clean and healthy
environment.

EMB MISSION

To effectively manage the environment thru

close monitoring of potential sources of
pollution and mitigate impacts to health and
the environment.
a. Recommend possible legislations, policies and programs for
environmental management and pollution control;
b. Advise the Regional Offices in the efficient and
effective implementation of policies,
programs, and projects for the effective and
efficient environmental management and
pollution control;
c. Formulate environmental quality standards
such as the quality standards for water, air,
land, noise, and radiations.
Pursuant to Executive Order No. 192, EMB is also
mandated to provide research and laboratory
services, and secretariat services to the Pollution
Adjudication Board and the National Solid Waste
Management Commission.

3 Principles
Command and Control
Polluters’ Pay Principle
Partnership
• Philippine Clean Air Act of 1999
(Republic Act 8749)
Introduction
• June 23, 1999 – CAA was enacted
• July 02, 1999 – publication of CAA
• July 17, 1999 – effectivity of CAA
• Nov. 07, 2000 – IRR signed
(DAO 2000-81)
• Nov. 10, 2000 – publication of IRR
• Nov. 25, 2000 – effectivity of IRR
DECLARATION OF PRINCIPLES
• The State shall protect and advance the right of
the people to a balanced and healthful ecology in
accord with the rhythm and harmony of nature.
• The state shall promote and protect the global
environment to attain sustainable while
recognizing the primary responsibility of local
government units to deal with environmental
problems.
• The State recognizes that the responsibility of
cleaning the habitat and environment is primarily
area-based.
• The State also recognizes the principle that
“polluters must pay”
• Finally, the state recognizes that a clean and
healthy environment is for the good of all and
should therefore be the concern of all.
PERMIT REGULATIONS
• All sources of air pollution subject to these
Implementing Rules and Regulations must have a
valid Permit to Operate issued by the Director.
Air Quality Management
• Airsheds
areas with similar climate, meteorology and
topology which affect the interchange and
diffusion of pollutants in the atmosphere, or
areas which share common interest or have
similar development programs, prospects or
problems.
Air Quality Management
Management of Airshed
Airsheds will be managed by multi-sectoral
Governing Boards chaired by the Secretary of
DENR with representatives from the LGUs
concerned, private sector, people’s
organization, NGOs and other concerned
government agencies
Air Quality Management
Management of Airshed
Airsheds will be managed by multi-sectoral
Governing Boards chaired by the Secretary of
DENR with representatives from the LGUs
concerned, private sector, people’s
organization, NGOs and other concerned
government agencies
Coverage of the Clean Air Act

“All potential sources of air pollution

(point, mobile and area sources) must
comply with the provisions of the law. All
emissions must be within the ambient air
quality & emission standards.”
National Ambient Air Quality Guideline
Values (NAAQGV)
Short Terma Short Termb
Pollutants
Averaging g/Ncm ppm Averaging
g/Ncm ppm
Time Time
TSP 230 24 hours 90 1 year
PM 10 150 24 hours 60 1 year
SO2 180 0.07 24 hours 80 0.03 1 year

NO2 150 0.08 24 hours

Photochemical 140 0.07 1 hour
Oxidants as
Ozone 60 0.03 8 hours

35 mg/Ncm 30 1 hour
CO
10 mg/Ncm 9 8hours
Lead 1.5 3 months 1.0 1 year
National Ambient Air Quality Standards
(NAAQS)
Concentration2 Averaging Time
Pollutants
g/Ncm ppm (minutes)
Ammonia 200 0.28 30
Carbon Disulfide 30 0.01 30
Chlorine and Chlorine Compounds 100 0.03 5
expressed as Cl2
Formaldehyde 50 0.04 30
Hydrogen Chloride 200 0.13 30
Hydrogen Sulfide 100 0.07 30
Lead 20 30
Nitrogen Dioxide 375 0.20 30
Phenol 100 0.03 30
Sulfur Dioxide 470 0.18 30
240 0.13 60
TSP 300 ------- 60
PM 10 200 ------- 60
National Emission Standards for Source
Specific Air Pollutants (NESSAP)
STANDARD MAXIMUM
POLLUTANT APPLICABLE TO PERMISSIBLE LIMITS
SOURCE (mg/Ncm)
Antimony & its
Any Source 10 as Sb
compounds
Arsenic and its
Any Source 10 as As
compounds
Cadmium and its
Any Source 10 as Cd
compounds
Carbon Monoxide Any industrial source 500 as CO
Copper and its
Any industrial source 100 as Cu
compounds
Hydrofluoric Acid and Any source other than
Fluoride compounds manufacture of 50 as HF
Aluminum and Alumina
NESSAP continued…

STANDARD MAXIMUM
POLLUTANT APPLICABLE TO PERMISSIBLE LIMITS
SOURCE (mg/Ncm)
i) Geothermal PP c,d
ii) Geothermal e
Exploration and Well
Hydrogen Sulfide
Testing
iii.) Any source other than 7 as H2S
(i) and (ii)
Any trade, industry or
Lead 10 as Pb
process

Mercury Any source 5 as elemental Hg

Nickel and its

Any source 20 as Nickel
compounds
NESSAP continued….

MAXIMUM
STANDARD APPLICABLE
POLLUTANT PERMISSIBLE LIMITS
TO SOURCE
(mg/Ncm)
NOx 1) Manufacture of Nitric Acid 2000 as acid and NO2
calculated as NO2
2) Fuel burning steam
generator
a) Existing Source 1500 as NO2
b) New Source
i) coal-fired 1000 as NO2
ii) oil-fired 500 as NO2
1) Diesel powered electricity
generators 2000 as NO2
2) Any source other than (1),
(2) and (3)
a) Existing Source 1000 as NO2
b) New Source 500 as NO2
NESSAP continued….

MAXIMUM
STANDARD APPLICABLE
POLLUTANT PERMISSIBLE LIMITS
TO SOURCE
(mg/Ncm)
Particulates 1) Fuel Burning Equipment
a) Urban and Industrial 150
Area
b) Other Area 200
2) Cement Plants (kilns, 150
etc.)
3) Smelting Furnace 150
4) Other Stationary Source 200
Phosphorous Any Source 200 as P2O5
Pentoxide
NESSAP continued….

MAXIMUM
STANDARD APPLICABLE TO
POLLUTANT PERMISSIBLE LIMITS
SOURCE
(mg/Ncm)
Sulfur Oxides 1) Existing Sources
a) Manufacture of sulfuric acid 2000 as SO3
and sulfonation process
b) Fuel burning equipment 1500 as SO2
c) Other Stationary Sources 1000 as SO3
2) New Sources
a) Manufacturing of sulfuric acid 1500 as SO2
and sulfonation process
b) Fuel burning equipment 700 as SO2
c) Other stationary sources 200 as So3
Zinc and its Any source 100 as Zn
compounds
Compliance Mandates – Point
Sources “
All stationary sources must comply with
the National Emission Standards for
Source Specific Air Pollutants (NESSAP)
and NAAQS and must secure permit
(POA) prior to operation”
Installation of CEMS
• The following major industries are required
to install CEMS:
– Fossil fuel-fired PP over 10 MW rating
– Petroleum refinery, petrochemical
industries (including NOx)
– Primary copper smelter (including NOx)
– Steel plant, ferro-alloy production facility
(particulates only); and
– Cement Plants (particulates only)
Incineration
• Defined as the burning of municipal, bio-
medical and hazardous wastes

• The Bureau shall promote the use of non-

burn technologies
– Destruction chamber is free of O2
– Fire is not used within destruction chamber
– The source of heat is not fire
– A heat-conducting medium is used to destroy
the waste
Grounds for Revocation of Permit

• Non-compliance with or violation of any

provision of the CAA
• False or inaccurate information in the
application of permit and monitoring data
• Refusal to allow lawful inspection by the
Department through the Bureau
• Non-payment of appropriate fees
• Other valid purposes
Prohibited Acts

• Misfueling

• Manufacture,Import,Sale of leaded
Gasoline and/of Engines and /or
Components, Requiring leaded
Gasoline

• Manufacture, Import and Sale of

Fuels Not According to legally
Prescribed Specifications
Fines and Penalties (RA 8749)

Stationary Sources

Actual exceedance of any pollution or air quality

standards under the Act or these IRR, the PAB shall
impose a fine of not more than Php 100,000.00 for
everyday of violation against the owner or operator of
a stationary source

Gross Violation

Offenders shall be punished with imprisonment

of not less than six (6) years but not more than
ten (10) years at the discretion of the court.
Fines and Penalties
• Burning of Solid Waste
– 2 yrs. and 1 day to 4 yrs. Imprisonment

• Burning of Hazardous Substances

– 4 yrs. and 1 day to 6 yrs. Imprisonment

• Burning of Biomedical Waste

– 4 yrs. and 1 day to 6 yrs. imprisonment
Other Sources of Air Pollution

• Smoking is banned beginning May 25,

2001, in any of the following locations:
– inside public building
– enclosed public places including public
vehicles and other means of transport
– Enclosed area outside of one’s private
residence, private place of work; or
– Any duly designated area which will be
enclosed.
AMBIENT NOISE QUALITY STANDARDS
Classification of General Areas:

Class AA - areas w/in 100m from school sites,

nursery,hospitals & special homes for the
aged.
Class A - areas w/c is primarily used for residential
purposes.
Class B - areas w/c is primarily a commercial area.
Class C - primarily reserved as a light industrial
area.
Class D - primarily reserved as a heavy industrial
area.
ENVIRONMENAL QUALITY
STANDARD FOR NOISE
 Class daytime morning/evening night time

AA 50 dB 45 dB 40 dB
A 55 dB 50 dB 45 dB
B 65 dB 60 dB 55 dB
C 70 dB 65 dB 60 dB
D 75 dB 70 dB 65 dB
PHILIPPINE CLEAN WATER ACT OF
2004 (Republic Act 9275)
PHILIPPINE CLEAN WATER ACT 2004

• Signed on 22 March 2004

• Implementing Rules & Regulations

approved in May 2005 ( DENR
Administrative Order 2005-10 )
DECLARATION OF POLICY
The State shall pursue a policy of
economic growth in a manner
consistent with the protection,
preservation and revival of the quality
of our fresh, brackish and marine
waters
Coverage of the Act

 Water Quality Management in all water bodies

 Primary Application - abatement & control of

pollution from land- based sources

 Enforcement of WQ standards,
regulations and penalties
MAJOR PROVISIONS OF CWA & its IRR

• Designation of Water Quality Management Area

• Establishment of a National and Area WQM Fund

from fines, penalties, permits fees, donations,
endowments and grants.

• Implementation of Wastewater Charge System and

Discharge Permits

• With provisions on Incentives and Rewards as well

as Civil Liabilities, Penal Provisions
MAJOR PROVISIONS OF CWA & its IRR

• Implementation of National Sewerage and

Septage Management Program
-LGU shall provide necessary land including
the right of way for the construction of the
sewage and/or septage treatment facilities
-Water Supply Utilities shall be responsible
for the sewerage facilities
-Absence of water utility in the locality, the
LGU shall be responsible for the implementation
of septage management system or other
sanitation program
Discharge Permits(Sec.13 &14)

For : owners/operators of facilities that

discharge regulated water pollutants

 Discharge Permit is the legal authorization

granted by the Department to discharge
wastewater

 Discharge Permit specify:

 The quantity and quality of effluent
 The compliance schedule
 The monitoring requirement (quarterly
submission of SMR)
Table 3. Water Quality Guidelines for Primary Parameters

Water Body Classification

Parameter Unit AA A B C D

BOD mg/L 1 3 5 7 15
Chloride mg/L 250 250 250 350 400
Color TCU 5 50 50 75 150
Dissolved Oxygen mg/L 5 5 5 5 2
Fecal Coliform MPN/100mL <1.1 <1.1 100 200 400

Nitrate as NO3-N mg/L 7 7 7 7 15

pH 6.5-8.5 6.5-8.5 6.5-8.5 6.5-9.0 6.0-9.0

Phosphate mg/L <0.003 0.5 0.5 0.5 5

Temperature C 26-30 26-30 26-30 25-31 25-31
Total Suspended MPN/100 25 50 65 80 110
Solids mL
Table 3. Water Quality Guidelines for Primary Parameters

Water Body Classification

Parameter Unit SA SB SC SD

BOD mg/L n/a n/a n/a n/a

Chloride mg/L n/a n/a n/a n/a
Color TCU 5 50 75 150
Dissolved Oxygen mg/L 6 6 5 2
Fecal Coliform MPN/100mL <1.1 100 200 400

Nitrate as NO3-N mg/L 10 10 10 15

pH 7.0-8.5 7.0-8.5 6.5-8.5 6.0-9.0

Phosphate mg/L 0.1 0.5 0.5 5

Temperature C 26-30 26-30 26-31 25-32
Total Suspended MPN/100mL 25 50 80 110
Solids
Table 5. Water Quality Guidelines for Secondary
Parameters
Parameter Unit Water Body Classification

AA A B C D SA SB SC SD

Arsenic mg/L 0.01 0.01 0.01 0.02 0.04 0.01 0.01 0.02 0.04

Cadmium mg/L 0.003 0.003 0.003 0.005 0.01 0.003 0.003 0.005 0.01

Chromium mg/L 0.01 0.01 0.01 0.02 0.02 0.05 0.05 0.05 0.1

Lead mg/L 0.01 0.01 0.01 0.05 0.1 0.01 0.01 0.05 0.1

Mercury mg/L 0.001 0.001 0.001 0.002 0.004 0.001 0.001 0.002 0.004
PROHIBITED ACTS

1. Discharging, depositing material of any kind w/c

could cause water pollution
2. Operating facilities that discharge regulated water
pollutants without the valid required permits
3. Refusal or failure to submit reports required by the
Department
4. Refusal to allow entry, inspection , monitoring by the
Department
5. Refusal or failure to designate Pollution Control
officer
FINES AND PENALTIES

Any person who commits any of the

prohibited acts or violates any
provision of this Act.
Fine - P10-200T/ day of violation
- subject to the PAB
discretion
… PENALTIES

Gross Violation

Imprisonment - 6 to 10 years
Fine - P 0.5-3M / day

 deliberate discharge of pollutants per RA

6969
 5 or more violations of any of the
prohibited acts w/in 2 yrs.
 blatant disregard of PAB order
Ecological Solid Waste Management Act of
2000 (Republic Act 9003)
R.A. 9003
The Ecological Solid Waste
Management Act of 2000
AN ACT PROVIDING FOR AN ECOLOGICAL
SOLID WASTE MANAGEMENT PROGRAM,
CREATING THE NECESSARY INSTITUTIONAL
MECHANISMS AND INCENTIVES, DECLARING
CERTAIN ACTS PROHIBITED AND PROVIDING
PENALTIES, APPROPRIATING FUNDS
THEREFOR, AND FOR OTHER PURPOSES
ECOLOGICAL SOLID WASTES
MANAGEMENT (ESWM) ACT OF 2000 (RA
9003)
The ESWM policy is based on the management of
waste in the following HEiRARCHY:

1.Source reduction (avoidance) & minimization of

waste generated at source;

2.Reuse, recycling & resource recovery of waste at

the barangay level. Efficient collection, proper
transfer & transport of waste by the
city/municipality;

3.Efficient management of residuals & of final

disposal sites and/or any other related technologies
for the destruction/reuse of residuals
SALIENT POINTS OF REPUBLIC ACT 9003

to use again especially in a different

way or after reclaiming or reprocessing.

to change (waste) materials

into new products to prevent
waste of potentially useful
materials.

to make or become smaller in size,

number, extent, degree, intensity.
FACTORS THAT CONTRIBUTE TO THE SOLID
WASTE PROBLEM
SPIRALLING
POLUTION RAPID
GROWTH RATES URBANIZATION

MUNICIPAL SOLID
WASTE
PUBLIC
INDIFFERENCE CHANGING
LIFESTYLE

CONSUMPTION
PATTENRS
CLASSIFICATION
1 Household Wastes
2. Commercial/Industrial Wastes
3. Farm and Agricultural Wastes
4. Institutional Wastes
5. Miscellaneous and Specialized Wastes
6. Mining Wastes
7. Hazardous Wastes
INTERRELATIONSHIP AMONG ELEMENTS OF
SOLID WASTE MANAGEMENT SYSTEM

Transfer &
Transport

Waste
Storage Collection Disposal
Generation

Processing &
Recovery
EXCLUDING:

• Waste identified as
hazardous waste
• Infectious waste from
hospitals
• Waste resulting from mining
activities
ROLE of LGUs in SWM

• Shall be primarily responsible for the

implementation and enforcement of the provisions
of the ACT within their respective jurisdictions
• Segregation and collection of biodegradable,
compostable, and reusable solid wastes shall be
conducted at the barangay level
• Collection of non-recyclable materials and special
wastes shall be the responsibility of the municipality
or city
ROLE OF BUSINESS & INDUSTRY

• Encourage commercial and industrial

establishments to initiate, participate & invest
in integrated ESWM projects, to manufacture
environment-friendly products
• Introduce, develop & adopt innovative
process that shall recycle and re-use
materials, conserve raw materials & energy,
reduce waste & prevent pollution
• Undertake community activities to promote &
propagate effective SWM practices
ROLE of DENR
Chair the Commission
Prepare and distribute info., education, and
comm. materials
Provide technical and other capability building
assistance and support
Recommend policies to eliminate barriers to
waste reduction programs
Exercise visitorial and enforcement powers
and functions
MANDATORY SOLID WASTE DIVERSION

• All LGUs shall divert at least 25% of all solid

wastes from waste disposal facilities within five
(5) years after effectivity of the ACT

• The waste diversion goals shall be increased

every three (3) years thereafter
PROHIBITED ACTS
 Littering, throwing, dumping of wastes
matters in public places such as roads,
sidewalks, canals “esteros” or parks, and
establishments (PhP 300 – 3,000)

 Causing or permitting the collection of non-

segregated wastes (PhP 1,000 - 3,000)

 Establishment or operation of open dumps

(PhP5,000 + 5 to 10% of net annual income)
ECOLOGICAL SOLID WASTES
MANAGEMENT (ESWM) ACT OF 2000 (RA
9003)
The ESWM policy is based on the management of
waste in the following HEiRARCHY:

1.Source reduction (avoidance) & minimization of

waste generated at source;

2.Reuse, recycling & resource recovery of waste at

the barangay level. Efficient collection, proper
transfer & transport of waste by the
city/municipality;

3.Efficient management of residuals & of final

disposal sites and/or any other related technologies
for the destruction/reuse of residuals
Philippine Environmental Impact System
(PEISS) Presidential Decree (PD) 1586
THE PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM (PD1586)
• This policy is achieved through the sustainable use,
management, renewal and conservation of the country’s
natural resources including the protection and
enhancement for the use of the present and future
generations.

• “ To attain and maintain a rational and orderly balance

between economic growth and environmental protection“

• Environmental Impact Assessment (EIA) is a planning and

management tool that will help government, the proponent,
the affected communities and other decision makers assess
whether the benefits of the project will outweigh the
negative consequences or risks on the environment
LEGAL FRAMEWORK

LOI 594, s.1977 – Established the Administrative

System for the EIA

PD 1151, s. 1977 – The Philippine Environmental

Policy (declared the urgent need to formulate an
intensive, integrated program on environmental
protection)

PD 1586, s. 1978 – The Philippine Environmental

Impact Statement (EIS) System (introduced the
concept of Environmentally Critical Project (ECP)
and Environmentally Critical Area (ECA)
LEGAL FRAMEWORK
DAO 21, s.1992 – EIA Implementing Rules and Regulation

 Provides for the delineation on the review and processing of

projects: ECAs – EMB Regional Office; ECPs – EMB Central
Office.

 Introduced the concept of Social Acceptability and Public

Participation in the EIA process

DAO 37, s. 1997 – Strengthening and streamlining the EIA

process, amending and revising DAO 92-21,

 Provides for the establishment of review fund, accreditation of

preparers, establishment of the Environmental Guarantee Fund
(EGF), Environmental Monitoring Fund (EMF) and creation of
Multipartite Monitoring Team (MMT)
DENR Administrative No. 42

Rationalizing the implementation of the

Philippine EIS System and giving authority in
addition to the Secretary of the DENR, to the
Director and Regional Director of the EMB to
grant or deny the issuance of ECCs.
Section 2: Streamlining the ECC application
processing and approval procedures
Type of Project Endorsing Approving Processing
Official Official Timeframe
ECPs (single EMB Central DENR 120 working
project) Office Director Secretary/ days
EMB Director
Non-ECP located EIAD Chief EMB Director/ 60 working days
in critical areas EMB Regional Regional
Office Director
Projects not EIAD Chief EMB Director/ 15 days
covered by the EIS EMB Central/ Regional
System Regional Director
Office
Project Type Memorandum Processing
Circular Related Time
a. Roads and Bridges
b. Irrigation Projects
c. Community Based
Forestry and Resources Memorandum Circular
Utilization Projects No. 3 Series of 2001-
September 14, 2001/
30 days
d. Private Land Timber
Utilization Projects
Memorandum Circular
No.3 Series of 2001-
e. Housing and Land
March 20, 2002
Development Project
and other Buildings
Project Type Memorandum Processing
Circular Related Time
f. Telecommunication Memorandum Circular
Antenna, Mobile Phone No. 3 Series of 2001-
Cell Sites and Similar September 14, 2001
20 days
Facilities

g. Piggery Projects Memorandum Circular

No.3 Series of 2002-
March 20,
2002/Memorandum 30 days
Circular No. 4 Series
of 2003-June 6, 2003
Criteria for Determining Whether a
Project are Covered by the EIS
Characteristics of Project Undertaking
Size, cumulative nature of the impacts
Use of natural resources
Generation of wastes and environmental related nuisances
Environmental related hazards or risks of accidents
Location of the Project
 Vulnerability of the area to be disturbed due to its ecological
importance , endangered and protected status
 Conformity of the proposed projects to existing land use based
on approved zoning or national laws and regulations
 Relative abundance , quality and regenerative capacity of
natural resources
Criteria for Determining Whether a
Project is Covered by the EIS System

Nature of the Potential Impact

 Geographic extent of impact and size of affected
population
 Magnitude and complexity of the impact
 Likelihood and duration , frequency and reversibility
of the impact
SCOPE OF THE EIS SYSTEM UNDER EXECUTIVE
ORDER 42
Department Administrative Order 2003-30
July 2003

PROJECT CATEGORIES
A. ENVIRONMENTALLY CRITICAL PROJECTS WITH SIGNIFICANT
POTENTIAL TO CAUSE NEGATIVE ENVIRONMENTAL IMPACTS
B. PROJECTS NOT CATEGORIZED AS ECP’S BUT MAY CAUSE
NEGATIVE IMPACTS BECAUSE THEY ARE LOCATED IN
ENVIRONMENTALLY CRITICAL AREAS
C. PROJECTS INTENDED TO DIRECTLY ENHANCE
ENVIRONMENTAL QUALITY OR ADDRESS EXISTING
ENVIRONMENTAL PROBLEMS NOT FALLING UNDER
CATEGORY A AND B
D. PROJECTS UNLIKELY TO CAUSE ADVERSE EVIRONMNENTAL
IMPACTS
Environmentally Critical
Projects
CO-LOCATED PROJECTS
SINGLE PROJECTS
ENVIRONMENTALLY CRITICAL
PROJECTS
Under Proclamation 2146
MAJOR MINING AND QUARRY PROJECTS
MAJOR INFRASTRUCTURE
HEAVY INDUSTRIES
RESOURCES EXTRACTIVE PROJECTS
GOLF COURSES
PROJECTS TO BE LOCATED IN
ENVIRONMENTALLY CRITICAL AREAS

ENVIRONMENTALLY CRITICAL AREAS

 National parks, wildlife reserves, sanctuaries
 Habitat of endangered/threatened species of
indigenous Philippine wildlife
 Areas of unique, historic, archeological
scientific interest
 Areas occupied by cultural communities/tribes
 Areas frequently visited by natural calamities
 Areas with critical slopes, prime agricultural
land
 Recharge areas of aquifers, water bodies
 Mangrove/coral reef areas
NON COVERAGE
CRITERIA

• NON-ECPs AND NON ECAs

• ECP’S OR PROJECTS WITHIN ECA’S
OPERATIONAL PRIOR TO 1982( and have
not stopped operations for a period of 2
years since 1982, except in cases where
their operations are expanded in terms or
production/areas of coverage or the
process is modified )
Fines, Penalties and Sanctions

Legal Basis
Sec. 9, PD 1586
“Penalty for violation. Any person, corporation or
partnership found violating Sec. 4 of PD 1586, or the
terms and conditions in the issuance of the ECC, or of
the standards, rules and regulations issued by the
National Environmental Protection Council (NEPC)
pursuant to this Decree shall be punished the
suspension or cancellation of his Certificate and/or a
fine in an amount not to exceed P50,000.00 for every
violation thereof, at the discretion of the NEPC”
Section 4 of PD 1586

“No person, partnership or corporation shall

undertake or operate any such declared
environmentally critical project or area without
first securing an Environmental Compliance
Certificate issued by the President or his duly
authorized representative”
Scope of Violations (PD 1586 June 11, 1978)

• Projects with or without ECCs which pose grave or

irreparable danger to environment, life and
property

• Projects are established and/or operating without

an ECC

• Projects violating ECC Conditions and EMP

commitments and other procedural requirements of
the Phil. EIS System
Toxic Substances, Hazardous and Nuclear
Waste Control of 1990
Republic Act [RA] 6969 ( October 25,1990)
OBJECTIVES OF RA 6969
 To protect the public and the environment from
the risk or potential dangers in the use or
exposure to chemicals from long term damage
brought about by careless handling or disposal
of hazardous wastes

 To regulate the use, movement and disposal of

chemicals, hazardous and nuclear wastes in the
Philippines
TOXIC SUBSTANCES, HAZARDOUS AND NUCLEAR
WASTE CONTROL ACT OF 1990 (RA 6969)

• To keep an inventory of chemicals that are presently

being imported, manufactured, or used, indicating,
among others, their existing and possible uses, test
data, names of firms manufacturing or using them, and
such other information as may be considered relevant
to the protection of health and the environment;

• To monitor and regulate the importation, manufacture,

processing, handling, storage, transportation, sale,
distribution, use and disposal of chemical substances
and mixtures that present unreasonable risk or injury to
health or to the environment in accordance with national
policies and international commitments
Prohibited Acts and Penalties (RA 6969)
Administrative Violations

Failure to provide appropriate information to the DENR Php 10,000.00

upon registration
Submission of documents containing false information Php 50,000.00

Failure to comply with reporting requirements of the law Php 10,000.00

Failure to comply with the conditions of a permit Php 50,000.00/

condition
Failure to comply with the labeling requirements Php 50,000.00
Failure to place placards on the conveyance/ vehicles Php 50,000.00
Failure to comply with the subpoena or subpoena duces Php 50,000.00
tecum issued by the Secretary or his duly authorized
representative
Prohibited Acts and Penalties (RA 6969)

For Hazardous Waste Generators

Failure to submit a completed copy of the Hazardous Waste Php 50,000.00

Manifest Form to the DENR

Performs the functions of a TSD Facility without the Php 50,000.00

appropriate TSD Facility Permit

For Hazardous Waste Transporters

Conveys or transports hazardous wastes without the proper Php 50,000.00

manifest forms
Conveys or transports hazardous wastes without the proper Php 50,000.00
labels and placards
Prohibited Acts and Penalties (RA 6969)

For TSD Facilities

Accepts hazardous wastes without the proper manifest Php 50,000.00

Stores, recycles, reprocesses, treats or disposes of Php 50,000.00

hazardous wastes at a TSD facility without the appropriate
TSD facility permit

Failure to notify the DENR of the residuals generated as a Php 10,000.00

consequence of its recycling, reprocessing or treatment
activities
Prohibited Acts and Penalties (RA 6969)

For Importers and Exporters

Importing recyclable materials containing hazardous Php 50,000.00

substances without securing import clearance from the
DENR

Exporting hazardous wastes or materials containing Php 50,000.00

hazardous substances without securing an export clearance
from the DENR