[10] Environmental Laws and Regulation

P.D. 1586

ENVIRONMENTAL IMPACT STATEMENT SYSTEM

Environmental Impact Assessment (EIA)

The process involving predicting and evaluating the likely impacts of a project on the environment during construction, commissioning, operation, and abandonment.

Environmental Compliance Certificate (ECC)

According to Section 4 of P.D. 1586, this is the mandatory legal document that no person, partnership, or corporation shall undertake or operate an Environmentally Critical Project (ECP) or Area (ECA) without securing first.

Environmental Compliance Certificate (ECC)

A document issued by DENR/EMB after a positive review of an ECC application, certifying that based on the representations of the proponent, the proposed project or undertaking has complied with all requirements of the EIS System and committed to implement its approved Environmental Management Plan (EMP).

1. Proponent's Information

2. List of conditions within EMB mandate

3. List of recommendations pertaining to compliance/satisfaction to concerned LGUs/agencies/stakeholders

The three required contents of an Environmental Compliance Certificate (ECC).

1. There is no significant project expansion

2. There is no change in technology

3. There is no change in location

4. Project was implemented within five (5) years from the date of issuance

The complete conditions under which an ECC remains valid throughout the entire project lifetime.

Certificate of Non-Coverage (CNC)

The document issued by DENR stating that a proposed project is not covered by the Philippine Environmental Impact Assessment System, meaning the proponent is not required to secure an ECC prior to commencement of operation.

Category A

Under MC 2014-005, the EIA project category defined as Environmentally Critical Projects (ECP) required to secure an ECC using an Environmental Impact Statement (EIS).

Category B

Under MC 2014-005, the EIA project category defined as Non-Environmentally Critical Projects (Non-ECP) required to secure an ECC using an EIS or Initial Environmental Examination (IEE) Checklist.

Category D

Under MC 2014-005, the EIA project category defined as Not Covered by the EIS System, which may secure a Certificate of Non-Coverage (CNC) using Project Description (PD Part I only).

Pollution Control Officer (PCO)

A technical person competent in pollution control and environmental management, performing duties and responsibilities in an establishment, and officially accredited by the EMB Regional Office.

1. Establishments that discharge solid, liquid, or gaseous wastes, or whose activities/products/services are potential sources of land, air, or water pollution

2. Local Government Units (LGUs)

3. Development Authorities

4. Government-Owned and Controlled Corporations (GOCCs) and other public establishments

Establishments, entities, and government bodies that are required to appoint an accredited Pollution Control Officer.

1. Ambulant vendors and stall owners as defined under RA 6977

2. Materials Recovery Facilities (MRFs) operated by Barangays that do NOT handle hazardous wastes

The specific entities and facilities explicitly exempted from needing a Pollution Control Officer.

1. ___vendors and stall owners as defined under RA ____

2. ___ operated by Barangays that do NOT handle hazardous wastes

1. Chemical Usage

2. Hazardous waste generated/handled

3. Air emission

4. Wastewater discharge

5. Solid waste generated/handled

6. Sludge generated/handled

The six operational criteria used to determine the categorization of a Pollution Control Officer (PCO).

1. ___Usage

2. ___ waste generated/handled

3. ___ emission

4. ___ discharge

5. ___ waste generated/handled

6. ___ generated/handled

1. Ensure compliance with requirements of PD 1586, RA 6969, RA 8749, RA 9003, RA 9275, their IRRs, and related regulations

2. Attend to all permitting and registration requirements prior to construction, installation, or operation of sources and control facilities

3. Attend technical conferences, hearings, and meetings regarding pollution cases of their establishment

4. Initiate and intensify environmental management activities and awareness campaigns within their organization

The primary duties and responsibilities of an accredited Pollution Control Officer.

1. Ensure compliance with requirements of ___, and related regulations

2. Attend to all permitting and registration requirements prior to construction, installation, or operation of sources and control facilities

3. Attend technical conferences, hearings, and meetings regarding ___ of their establishment

4. Initiate and intensify ___ activities and awareness campaigns within their organization

DAO 2014-02

1. Ensure compliance with requirements of PD 1586, RA 6969, RA 8749, RA 9003, RA 9275, their IRRs, and related regulations

2. Attend to all permitting and registration requirements prior to construction, installation, or operation of sources and control facilities

3. Attend technical conferences, hearings, and meetings regarding pollution cases of their establishment

4. Initiate and intensify environmental management activities and awareness campaigns within their organization

RA 9275 / DAO 2016-08

WATER QUALITY & EFFLUENT STANDARDS

Public Water Supply Class I - Intended primarily for waters requiring processing (disinfection) to meet the National Standards for Drinking Water (NSDW)

Freshwater classification Class AA intended beneficial use.

Public Water Supply Class II - Intended for sources requiring conventional treatment (coagulation, sedimentation, filtration, disinfection) to meet NSDW

Freshwater classification Class A intended beneficial use.

Recreational Water Class I - Intended for primary contact recreation (bathing, swimming, skin diving, etc.)

Freshwater classification Class B intended beneficial use.

1. Fishery Water (propagation & growth of fish & other aquatic resources)

2. Recreational Water Class II (boating, fishing, etc.)

3. Agriculture, Irrigation, and Livestock Watering

Freshwater classification Class C intended beneficial uses.

Navigable waters

Freshwater classification Class D intended beneficial use

1. Protected Waters (National Parks, sanctuaries)

2. Fishery Water Class I (shellfish harvesting for direct human consumption)

Marine water classification Class SA intended beneficial uses.

1. Fishery Water Class II (commercial production)

2. Tourist Zones and Recreational Water Class I (swimming, skin diving)

Marine water classification Class SB intended beneficial uses.

1. Fishery Water Class III (propagation & growth of fish)

2. Recreational Water Class II (boating)

3. Marshy and/or mangrove areas declared as fish sanctuaries

Marine water classification Class SC intended beneficial uses.

Navigable waters

Marine water classification Class SD intended beneficial use.

BOD, Total Suspended Solids, Total Coliform (for Class B & SB), Ammonia, Phosphate

Significant effluent parameters for Animal Production (PSIC 014) under DAO 2016-08 Table 8

pH, Total Suspended Solids, Nitrate, Cyanide, Copper, Zinc, Arsenic, Mercury, Lead (Platinum also includes Sulfate, Manganese, Iron, Cadmium)

Significant effluent parameters for Gold, Silver, and Platinum Ore Mining (PSIC 0722) under DAO 2016-08 Table 8.

Quezon City, Pasig City, Taguig City, Muntinlupa City, Marikina City, Pateros

Metro Manila cities falling under the jurisdiction of the Laguna Lake Development Authority (LLDA) for wastewater discharge permitting instead of EMB-NCR

Manila, Makati City, Mandaluyong City, San Juan City, Las Piñas City, Parañaque City, Navotas City, Pasay City, Malabon City, Caloocan City, Valenzuela City

Metro Manila cities falling directly under EMB-NCR Jurisdiction for discharge permitting.

1. Discharging, depositing, or causing to be deposited material of any kind directly or indirectly into water bodies or along margins

2. Discharging regulated water pollutants without a valid discharge permit

3. Refusal to allow entry, inspection, monitoring, and access to reports/records

4. Disposal of potentially infectious medical wastes into seawater by vessels

5. Refusal or failure to submit reports and/or designate a Pollution Control Officer

List of prohibited acts under Republic Act 9275.

1. Discharging, depositing, or causing to be deposited material of any kind directly or indirectly into water bodies or along margins

2. Discharging regulated water pollutants without a valid discharge permit

3. Refusal to allow entry, inspection, monitoring, and access to reports/records

4. Disposal of potentially infectious medical wastes into seawater by vessels

5. Refusal or failure to submit reports and/or designate a Pollution Control Officer

RA 8749

CLEAN AIR ACT REGULATIONS

1. Source Sampling

2. Motor Vehicle Emission Test (DOTr thru LTO)

3. Continuous Ambient Air Quality Monitoring Stations

The three main air sampling activities conducted under RA 8749.

• APSI: Boiler, Furnace, Generator Set, Gasoline Station

• APCD/F: Cyclone, Scrubber, Filter Baghouse, Precipitator

Examples of Air Pollution Source Installations (APSI) and Air Pollution Control Devices/Facilities (APCD/F) required to maintain a valid Permit to Operate (PTO).

Boiler, Furnace, Generator Set, Gasoline Station

APSI

Cyclone, Scrubber, Filter Baghouse, Precipitator

APCD/F

Mandatory installation of CCTVs on stacks of fuel-burning equipment

Requirement established by DAO 2008-81 for stack monitoring of fuel-burning equipment.

Equipment criteria explicitly exempted from source compliance emission testing under MC 2016-008

1. Boilers rated <=50 hp

2. Diesel Generator Sets rated <= 300 kW

3. Sources producing <=10 T per year of air pollutant

Particulates, Sulfur Oxides , Nitrogen Oxides , Ozone, Carbon Monoxide, Lead, Volatile Organic Compounds (VOCs)

The primary air criteria pollutants regulated under the Philippine Clean Air Act.

RA 6969 & DAO 2013-22

TOXIC SUBSTANCES & HAZARDOUS WASTE

Philippine Inventory of Chemicals and Chemical Substances (PICCS)

The national inventory list of all existing chemicals and chemical substances used, sold, distributed, imported, processed, manufactured, stored, exported, treated, or transported in the Philippines.

To screen harmful substances before they enter the commerce of the Philippine

Purpose of the Pre-Manufacturing and Pre-Importation Notification (PMPIN) system.

Priority Chemical List (PCL) definition

A list of existing and new chemicals that DENR has determined to potentially pose an unreasonable risk to public health, workplace, and the environment

Chemical Control Order (CCO)

An order that prohibits, limits, or regulates the use, manufacture, import, export, transport, processing, storage, possession, and wholesale of priority chemicals that DENR determined should be regulated, phased-out, or banned due to serious risks to public health, workplace, and environment

Mercury , Lead, Cyanide , Polychlorinated Biphenyls , Ozone Depleting Substances , Arsenic , Cadmium , Vinyl Chloride, Benzene, Chromium

Specific regulated/banned chemical substances explicitly listed as subject to Chemical Control Orders (CCO) or Priority Control.

Online Manifest System covering Proper Storage, Packaging, Labeling, Transport, and Treatment ("from cradle to grave")

The standard administrative system required for proper hazardous waste management under DAO 2013-22.

RA 9003

SOLID WASTE MANAGEMENT MANDATES

1. National Solid Waste Management Commission (NSWMC)

2. National Ecology Center (NEC)

3. Solid Waste Management Board in every province, city, and municipality

The institutional entities created at national and local levels under RA 9003 to oversee ecological solid waste management.

1. Formulation of the National Solid Waste Management Framework

2. 10-year solid waste management plans by LGUs

3. Establishment of Materials Recovery Facility (MRF) in every barangay or cluster of barangays

4. Prohibition against open dumps and guidelines for controlled dumps and sanitary landfills

The four major operational mandates and facility guidelines set forth by RA 9003.

1. Provision of rewards/incentives (fiscal and non-fiscal), financial assistance, and grants to LGUs and public

2. Mandatory segregation of solid waste conducted primarily at source (household, institutional, industrial, commercial, agricultural)

3. Minimum requirements for systematic collection/transport and protection of garbage collectors' health

Key policy provisions under RA 9003 regarding incentives, segregation, and collection standards.

₱15,000.00

The DENR application fee for an ECC requiring a Programmatic EIS or EIS.

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