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Department of Environment and Natural Resources ENVIRONMENTAL MANAGEMENT BUREAU

Environment Laws and Policies: What SMEs must know
By: Pura Vita G. Pedrosa

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SCOPE OF PRESENTATION


(40 Minutes)

Overview of the 5 Major Environmental Laws implemented by the EMB-DENR;



DENR Guideline Issuances for the Implementation of each environmental law Other Cross Sectoral Envrionmental Management Measures DENR Policy Updates/Directions on the processing of ECC and CNC applications





Project Cycle and Environmental Laws
Findings and recommendations of EIA considered in various environmental and other permits and licenses
Detailed design of measures to comply with Air, water, chemical & hazardous waste mgmt, solid waste management standards

Conduct of EIA & application for ECC if covered

Feasibility

Detailed Engineering & Design
Implementation environmental mgmt. design commitments

Project Construction & Development

P r o j e c t

Pre-feasibility

C y c l e

Screening for applicability of various environmental laws

Project Conceptualization/ Improvement

Operation & Maintenance

Monitoring and evaluation of environmental management commitment compliance 3

Major environmental laws implemented by the Environmental Management Bureau (EMB) of the Department of Environment and Natural Resources (DENR):
1.
2. 3.

4.
5.

Environmental Impact Statement System (PD 1586) - 1978 Toxic Substances and Hazardous Waste Control Act (RA 6969) 1990 Clean Air Act of 1999 (RA 8749) 1999 Ecological Solid Waste Management Act (RA 9003) - 2000 Philippine Clean Water Act (RA 9275) - 2004

ENVIRONMENTAL IMPACT STATEMENT SYSTEM (PD 1586)
- Environmental impact assessment (EIA) requirement for project s and undertaking that will significantly affect the quality of the environment. This assessment is essential in applying for an Environmental Compliance Certificate (ECC) issued by DENR.

Environmentally Critical Projects (ECPs) as defined under Presidential Proclamation 2146 detailed in Revised Procedural Manual for DAO 2003-30  Non-ECPs in Environmentally Critical Areas (ECAs)


Coverage of the ECC Requirement

DENR ISSUED GUIDELINES ON PHILIPPINE EIS SYSTEM




DAO 2003-30 - Procedural Manual for DAO 2003-30 (2004) DENR MC 2007-08 “Simplifying the

Requirements for ECC or CNC Applications”

- Revised Procedural Manual for DAO 2003-30 (2007)

Presidential A.O. 42, S. 2002
Rationalizing the Implementation of the EIS System  Giving authority, in addition to the DENR Secretary, to the Director and Regional Directors of the EMB to grant or deny the issuance of ECCs.


PHILIPPINE EIS SYSTEM ADDITIONAL REFORM MEASURES
1. Limit

ECC processing coverage to environmental matters
Socio-economic, political and other aspects to be responsibility of mandated institutions/agencies especially LGUs.

2. Streamline

ECC applications processing

system:
Development of clear, simple and consistent scoping guidelines based on project type to standardize technical requirement nationwide.

PHILIPPINE EIS SYSTEM ADDITIONAL REFORM MEASURES
2. Streamline

ECC/CNC applications processing system:
 No

prior permits, licenses and clearances from other agencies required  No additional information to be required after acceptance of application.  Implementation of an online application, information and processing-tracking system.  1-page CNC application Form

PHILIPPINE EIS SYSTEM ADDITIONAL REFORM MEASURES
3.

4.

Shortened Application Processing Periods ECC – 20 working days CNC – 1 working day Strengthen monitoring and enforcement system

TOXIC SUBSTANCES AND HAZARDOUS AND NUCLEAR WASTE CONTROL ACT (RA 6969)
- Management of industrial chemicals and hazardous wastes in all aspects of its life cycle, “cradle to grave”- generation, transportation, treatment, storage and disposal

DENR ISSUED GUIDELINES FOR CHEMICALS AND HAZARDOUS WASTES MANAGEMENT
DAO 92-29 Implementing Rules and Regulations Chemical Control Orders (CCOs) - Mercury (DAO 97-38 & 39) - Asbestos (DAO 2000-02) - Ozone Depleting Substances (ODS) (DAO 2000-18 & 2004-08) - PCB (DAO 2004-01)

DENR ISSUED GUIDELINES FOR CHEMICALS AND HAZARDOUS WASTES MANAGEMENT


DENR MC 2002-12


Delegation of Authority to the EMB Regional Offices - “Permit to Transport” for Hazardous Wastes, - “Certification” and “Importation Clearance” for Chemicals and Chemical Substances



DENR MC 011 S. 2003


Establishes a standard operating procedure for compliance monitoring particularly, in the verification and assessment of violations under Pre-Manufacturing and Pre-Importation Notification (PMPIN) and Priority Chemical List (PCL) requirements and Chemical CCOs

DENR ISSUED GUIDELINES HAZARDOUS WASTES MANAGEMENT


JOINT DENR-DOH Administrative Order No. 02 S. 2005 – Policies and guidelines on effective and proper handling, collection, transport, treatment, storage and disposal of health care wastes

CLEAN AIR ACT OF 1999 (RA 8749)
- An act providing for a comprehensive air pollution management and control program

- Primary goal is to achieve and maintain air quality that meets the National Air Quality Guidelines for Criteria Pollutants throughout the Philippines

DENR ISSUED GUIDELINES FOR CLEAN AIR ACT


DAO 2007-27 “Revised Emission Standards for Motor Vehicles Equipped with Compression-Ignition and Spark-Ignition Engines”



DAO 2007-25 “Guidelines for DENR Accreditation of Third Party Source Emission Testing Firms”

DENR ISSUED GUIDELINES FOR CLEAN AIR ACT


DAO 2004-53 “Guidelines to Implement the Tax Incentives Provision Under Section 13 of RA 8749 otherwise known as the Philippine Clean Air Act of 1999


Applies to industries which shall install pollution control devices or retrofit their existing facilities with mechanisms that reduce pollution



DAO 2004-26 “Amending Rule XIX of DAO 200081 (IRR of RA 8749)”


Removing the “Authority to Construct” requirement

CLEAN WATER ACT of 2004 (RA 9275)
- An Act providing for a comprehensive strategy to address the degradation of our waterbodies.

- Mandates the Department to formulate and implement more stringent policies and strengthen partnerships with stakeholders to improve water quality in all parts of the country.

DENR ISSUED GUIDELINES FOR CLEAN WATER ACT


DAO 1990-34 “Revised Water Usage and Classification/Water Quality Criteria”
DAO 1990-35 “Revised Effluent Regulations” DAO 1994-26A “Philippine Standards for Drinking Water 1993” DAO 2003-27 – Requirement for the Preparation and Submission of Self-Monitoring Report (SMR) DAO 2005-10 – General Implementing Rules and Regulations of Clean Water Act

 





ECOLOGICAL SOLID WASTE MANAGEMENT ACT (RA 9003)
- An act providing for a systematic, comprehensive and ecological waste management program to ensure the protection of public health and the environment



Art. 6 Sec. 37 of RA 9003 – stating the deadline for the closure of open dumpsites (February 16, 2006)



DAO 2001-34 “Implementing Rules

and Regulations of Republic Act 9003”


the implementation of the Philippine Solid Waste Management Act of 9003

Prescribes the procedures and guidelines for

CROSS SECTORAL


DAO 2003-14 “Creating the Philippine Environment Partnership Program to Support Industry Self-Regulation Towards Improved Environmental Performance”

CROSS SECTORAL


DAO 2003-26 “Revised Industrial Ecowatch System Amending Implementing Guidelines of DAO 98-51 Series of 1998”
 

Amended the Rating Criteria and Equivalent Color codes Encourages pollution reduction beyond compliance through public recognition and praise



Creates incentives for dischargers and/or producers



EMB MC 007 S. 2003 “Procedural Manual for DAO 2003-26”


Prescribes the procedures of the Industrial Ecowatch System

CROSS SECTORAL


DAO 17 S. 2005 “Rules and Regulations governing the implementation of EO No. 320, S. 2004, Designating the DENR as the National Authority for the Clean Development Mechanism”

CROSS SECTORAL
International Commitment on Greening the Industries  Conducted 9-11 September 2009, Sofitel, Manila  23 Countries including the Philippines committed to: - Intensify regional and international cooperation in the
adoption of the “Green Growth” strategy - Intensify bilateral, regional and international cooperation in the development and transfer of cleaner production technologies and practices - Incorporate cleaner production policies in national development plans and set goals and formulate action plans

Thank You!
Please visit our website at: www.emb.gov.ph Or e-mail us at: [email protected]

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