Consistent with the policy of the State to ensure optimum economic development without delay through sustainable development, the following are hereby adopted for efficient, transparent, systematic and participatory implementation of the EIS system under PD 1586.

1. Coverage of the EIS System

Project proponents and other concerned parties may determine whether a project is covered by the EIS System by referring to the official lists of environmentally critical projects (ECPs) and maps of environmentally critical areas (ECAs) that shall be made available at EMB website and Offices and as provided in the Revised Procedural Manual for DAO 2003-30.

2. Application Requirements

The following guidelines on the application requirements for Environmental Compliance Certificate (ECC) and Certificate of Non-Coverage (CNC) shall be implemented.

2.1 ECC applications shall be accompanied by the following documents:

- Environmental Impact Assessment (EIA) Report focusing only on the most essential information for specific project type. The Basic Outline of the required EIA report for Proposed (New) Single Projects, for New Programmatic Applications, for Single Project Expansion/Modification and for Programmatic Expansion Applications are attached as Annex 1^* )

- Proof of compatibility with the existing Land Use Plan, if necessary
- Proof of ownership or authority over the project site
- Accountability statements of the proponent and the EIS preparers
- Photographs or plates of the project site, impact areas an affected areas and communities
- Duly Accomplished Project Environmental Monitoring and Audit Prioritization Scheme (PEMAPS) Questionaire (see attached)
- Copy of Previous ECC (if any)
- Latest Self Monitoring Report (if with previous ECC, Compliance Monitoring Report (CMR) Format)

No other documents shall be required as pre-requisite to ECC applications

2.2 For projects below the threshold of coverage based on the existing procedural manual for DAO 2003-30, CNC applications shall no longer require submission of Project Description Reports (PDR). The prescribed 1-Page Application Form (Annex 2^* ) to be processed in the Automated Processing System (APS) is sufficient.

2.3 The EIA report requirement for ECC applications shall concentrate and focus on the environmental aspects of the project that have scientific basis and are verifiable. Environmental Impact related concerns of the local community in the project area which may be secured through public scoping, public consultation or any other form of public participation methods for EIS-based ECC applications shall be considered in the review of the ECC applications.

3. Public Participation in the EIA Process

3.1 In recognition of the knowledge on the environmental quality and environmental concerns in a specific area, proponents of proposed ECPs are required to consult the community on the Scope of the EIA Study to be conducted in a Scoping meeting. Scoping identifies the most significant issues/impacts of the proposed projects and then delimits the extent of baseline information to those necessary to evaluate and mitigate the impacts. The need for and scope of the Environmental Risk Assessment (ERA) is also done during the scoping session.

3.2 The DENR-EMB shall ensure that EIA findings for ECPs shall be presented in a public consultation involving all legitimate stakeholders. Environmental concerns raised should be properly documented and addressed with appropriate management measures by the project proponent as part of the ECC application requirement.

4. Legitimate Stakeholders in Direct and Indirect Impact Areas

Consistent with the basic policy and operating principle of the Philippine EIS System wherein the EIA Process is based on a timely, well-informed public participation of potentially-affected communities, identified stakeholders in both direct and indirect impact areas need to be informed of, and consulted on, the project proposal at the earliest EIA stage as possible. Annex 3^* specifies guidelines for determining direct and indirect impact areas and Annex 4^* guidelines for stakeholders identification.

5. Greater Participation of Local Government Units (LGUs) in the EIA Process for Environmentally Critical Project (ECPs).

5.1 The Planning and Development Officer (PDO) or Environment and Natural Resources Officer (ENRO) of the City/Municipal Government directly affected by proposed projects classified as Environmentally Critical Projects (ECPs) shall be invited as a Resource Person of the EIA Review Committee. For projects that cover two (2) or more cities/ municipalities, the Provincial PDO or ENRO shall be invited.

5.2 The result of the review of the EIA Study and the draft ECC shall be presented to the concerned LGUs to get their inputs prior to the issuance of the ECC.

6. Review of ECC Applications

To allow for a through assessment of the environmental impacts and proper documentation of the review of ECC applications for ECPs and other project types requiring an EIS, the following guidelines shall apply:

6.1 Only one (1) request for additional information/clarification on the substance of the EIA report may be required from the project proponent. The project proponent shall respond within five (5) days, otherwise, the EMB/DENR shall decide on the basis of submitted information.

6.2 The decision on the ECC Application shall be issued within the following time frames after the official acceptance of application documents and payment of the required processing and review fees:

Type of ECC Application

Approving Authority

Maximum Processing Timeframe

ECP

Co-located applying for
Programmatic ECC;
Mining Projects
Forestry Projects
Other Types

DENR Secretary/
EMB Director

40 working days

Non-ECPs

EIS or Programmatic
Environmental
Performance Report and
Management Plan
(PERRMP)-based

EMB Regional Director

20 working days

Initial Environment
Examination (IEE)
Environmental
Performance Report and
Management Plan
EPRRMP-based

EMB Regional Director

20 working days

6.3 ECCs issued for all ECPs shal include a condition for the establishment of a greening program.

7. Repealing Clause

All issuances inconsistent herewith are hereby repealed and/or modified accordingly.

8. Effectivity

This Memorandum Circular shall take effect immediately. The EMB Regional Offices are directed to conduct intensive Information Education Campaign (IEC) to disseminate this circular.

(SGD.) HORACIO C. RAMOS
  Acting Secretary