FRAMEWORK OF ENVIRONMENTAL REGULATIONS IN THE PHILIPPINES & EMB MANDATES PLANS AND PLANS AND PROGRAMS “Policy Updates for Environmental Management Practitioners and Professionals” LM Metro Hotel, Tetuan, Cagayan de Oro City May 12, 2018 ALAN B. DE GALA ABG Environmental Consultancy Services Topic Outline I. Section 16, Article 2 of the 1987 Constitution of the Republic of the Philippines II. P.D. 1151 National Environmental Policy III. Republic Act 8749, Philippine Clean Air Act of 1999 IV. Republic Act 9275, Clean Water Act of 2004 V. Republic Act 6969, Toxic Substances and Hazardous and Nuclear Waste Control of 1990 VI. Republic Act 9003, Ecological Solid Waste Management Act of 2003 VII. Presidential Decree 1586, Environmental Impact Assessment System I. 1987 CONSTITUTION Section 16, Article II “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 Philippines Constitution • IMPLEMENTING AGENCIES PRIOR TO 1987 RA 3931-------- NWAPC (NATIONAL WATER AND AIR POLLUTION CONTROL COMMISSION) PD 984 - -- - NPCC (National Pollution Control Commission) PD 1586 - -- - NEPC (National Environmental Protection Council) PRIMARY MANDATE Shall be the primary government agency under the DENR mandated to formulate, integrate, coordinate, supervise, and implement all policies, plans, programs, projects and activities relative to the prevention and control of pollution as well as the management and enhancement of the environment II. PD 1151- PHILIPPINE ENVIRONMENTAL POLICY Enacted in June 6, 1977 Defined the general policies on the pursuit of a better quality of life for the present and future generations and mandated the undertaking of environmental impact assessment for all projects which may significantly affect the environment PD 1151 – PHILIPPINE ENVIRONMENTAL POLICY • Section 4 – Requires “ all agencies and instrumentalities of the national government, including government owned and controlled corporations as well as private corporations, firms and entities to prepare an environmental impact statement (eis) for every action, project or undertaking which significantly affects the quality of the environment PD 1152- PHILIPPINE ENVIRONMENT CODE Enacted and implemented in June 6, 1977 the act defined the policy objective for the various aspects of environmental management such as air and water quality management, natural resources development, land management and wastes management Pollution Control Decree (PD 984);Motor Vehicle Pollution Control Decree (PD 1181); Philippine Water Code Mining Act PD 1152 Philippine Environment Code Fisheries Law Forestry Reform Code Laws on Illegal Cutting of Trees, Tree Planting Law PRESIDENTIAL DECREE 984 OF 1978 Pollution Control Decree Was supplemented by PD 1181 Was supplemented by PD 1181 - Motor vehicle Motor vehicle pollution control decree Created the National Pollution Control Commission (NPCC) PD 1586 –PHILIPPINE ENVIRONMENTAL IMPACT STATEMENT SYSTEM OF 1978 Established the Environmental Impact Statement System founded under Section 4 of PD 1151 and required Environmentally Critical Projects and projects located in Environmentally Critical Areas as declared in Presidential Proclamation 2146 to prepare an EIS. EXECUTIVE ORDER NO. 192 of 1987 PROVIDING FOR THE REORGANIZATION OF THE DEPARTMENT OF ENVIRONMENT, ENERGY AND NATURAL RESOURCES, RENAMING IT AS THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, AND FOR OTHER PURPOSES 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. SECTION 4. Mandate. — • The Department shall be the primary government agency responsible for the conservation, management, development and proper use of the country’s environment and natural resources, specifically forest and grazing lands, mineral resources, including those in reservation and watershed areas, and lands of the public domain, as well as the licensing and regulation of all natural resources as may be provided for by law in order to ensure equitable sharing of the benefits derived there from for the welfare of the present and future generations of Filipinos. provide technical and other capability building assistance and support to LGUs and other private sectors recommend policies to eliminate barriers to waste reduction programs exercise visitorial and enforcement powers to ensure strict compliance issue rules and regulations EXECUTIVE ORDER 927 OF 1987- REORGANIZED THE DENR AND CAUSED THE MERGER OF NEPC,ECP AND NPCC AND NOW KNOWN AS THE ENVIRONMENTAL MANAGEMENT BUREAU NPCC EMB ECP NEPC ECP = Environmental Center of the Philipines Lead agency responsible for the enforcement of six (6) environmental laws namely: RA 8749 (Clean Air Act of 1999) RA 9275 (Philippine Clean Water Act of 2004) PD 1586 (Environmental Impact Statement System) RA 6969 (Toxic Substances and Hazardous Waste and Nuclear Control Act of 1990) RA 9003 (Ecological Solid Waste Management Act of 2000) RA 9512 (Environmental Education Act) III. REPUBLIC ACT 8749 (PHILIPPINE CLEAN AIR ACT OF 1999) • A comprehensive air pollution management and control program • Aimed to achieve and maintain a healthy air. • Department Administrative Order 2000-81 - the Implementing Rules of RA 8749 • Activities include the following: – Issuance of Permit to Operate – Ambient Air Quality Monitoring – Establishment of Airsheds – Bantay Tambutso – Bantay Tsimeneya – Bantay Sunog Basura Update DAO 2017-14 ONLINE TRANSMISSION OF DATA FROM CONTINUOUS EMISSION MONITORING SYSTEM (CEMS) AND CLOSED CIRCUIT TELEVISION (CCTV) OF MAJOR INDUSTRIES In view of effective monitoring of CEMS and CCTV implementation of major industries pursuant to provision of Republic Act 8749 and its Implementing Guidelines under DENR Administrative Orders 2000-81 and 2007-22, and for effective monitoring of proponent’s compliance as provided in the Environmental Compliance Certificate (ECC) under PD 1586. IV. REPUBLIC ACT 9275 (CLEAN WATER ACT OF 2004) • To protect the water bodies of the country, the “Philippine Clean Water Act of 2004” or Republic Act No. 9275, was enacted to ensure access to clean water for all Filipinos. RA 9275 (Philippine Clean Water Act of 2004) is the law that applies to water quality management in all bodies (natural and human-made) of fresh, brackish, and saline waters, and includes but not limited to aquifers, groundwater, springs, creeks, streams, rivers, ponds, lagoons, water reservoirs, lakes, bays, estuarine, coastal and marine waters. • The law primarily addresses the abatement and control of pollution from land-based sources. The Act focuses on the creation and delegation of new regulatory, planning and infrastructure development functions to agencies & subsidiary multi-sectoral bodies, and on streamlining inter-agency coordination. RA 9275 continuation.. • Activities include the following: – Issuance of Discharge Permit - The discharge permit shall specify the quantity and quality of effluent that said facilities are allowed to discharge into a particular water body, compliance schedule and monitoring requirement. – Water Body Classification – Effluent Quality Monitoring – Water Quality Monitoring • Beach Watch • Tap Watch • Ecowatch Updates • EMB MC 2016-012 EMB Approved Methods of Analysis for Water and Wastewater • EMB MC 2016-007 • Operational Manual for the National Water Quality Management The Manuals provide guidance and procedures on the assessment, collection, use, disbursement and recording of the two Funds. The Manual for the NWQMF guides the EMB Central Offices, Regional Offices and the Pollution Adjudication Board on the proper recording and use of the Fund while the Manual for the AWQMF provides similar directions for the concerned EMB Regional Offices and the Water Quality Management Area Governing Boards. • DAO 2016-08 • Water Quality Guidelines and General Effluent Standards of 2016 • MC 2015-006 • Guidelines for Recreational Water Monitoring Program V. REPUBLIC ACT 6969 (TOXIC SUBSTANCES AND HAZARDOUS AND NUCLEAR WASTE CONTROL OF 1990) 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 Management of Chemicals and Toxic Substances (Sections 14 to 23) + provides for the regulation of all chemical substances that may pose threat to public health and the environment whether through import, manufacture, sale, use, distribution, and disposal On Effective Management of Toxic Chemicals and Hazardous Wastes Issue Chemical Control Orders (CCOs) for Lead and Arsenic in addition to Mercury, Asbestos, ODS, Polychlorinated Biphenyls (PCBs) and Cyanide Provide technical assistance to hospitals nationwide in coordination with the DOH on the proper handling and disposal of healthcare wastes Update Pursuant to Republic Act No. 6969, "Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990" and the Joint DTI-DENR-DADOF-DOH-DILG-DOLE-DOTC Administrative Order No. 01 Series of 2009 on "The Adoption and Implementation of the Globally Harmonized System of Classification and Labeling of Chemicals (GHS)", the Environmental Management Bureau – DENR has issued DAO 2015-09. Chemicals Single substances and compounds covered under CCO and PCL Chemicals initially listed High Volume Toxic Chemicals Toxic Chemicals under the IATA and IMDG list of Dangeorous Goods Mixtures The Guidance Manual: EMB MC 2015-011 Effectivity 2016 2017 2018 2019 VI. REPUBLIC ACT 9003 (ECOLOGICAL SOLID WASTE MANAGEMENT ACT OF 2003) • • • • • Compliance includes the following: Sec 21 – Segregation at Source Sec 23 – Segregated Collection Sec 33 - Recovery/Recycling Systems Sec 37 – Closure/Conversion of Open Dumps to CDF »Controlled Disposal Facilities »Final Disposal Systems VII. PRESIDENTIAL DECREE 1586 (ENVIRONMENTAL IMPACT ASSESSMENT SYSTEM COMPLIANCE) • Environmental Impact Assessment A systematic process that examines the environmental consequences of an activity to: - Bio-physical environment & - socio-economic environment and designing appropriate environmental Management measures to mitigate negative consequences & enhance the positive ones - Includes Issuance of Environmental Compliance Certificate (ECC) and Certificate of Non-Coverage (CNC) PHILIPPINE EIA SYSTEM FRAMEWORK PD 1151 Philippine Environmental Policy (6 June 1977) PD 1586 Establishment of the Philippine EIS System & the ECC Requirement (11 June 1978) Presidential Proclamation 2146 (1981) Presidential Proclamation 803 (1996) (Generic Description of Projects & Areas covered by the Philippine EIS System) Presidential Administrative Order 42 Rationalizing the Phil. EIS System Implementation (2 November 2002) DENR ADMINISTRATIVE ORDER (DAO) 2003-30 Implementing Rules and Regulations for PD 1586 (30 June 2003) Procedural Manual for DAO 2003-30 (Jan 2004 August 2007) Updates • DAO 2017-18 SUSPENSION OF THE DENR DAO NO. 2017-04 DATED 02/15/2017 OR THE “AMENDMENT OF DENR DAO NO. 2016-07 DATED 05/19/2016 ON MANUAL OF AUTHORITIES ON TECHNICAL MATTERS” • In the interest of service and in order to expedite the issuance of the Environmental Compliance Certificate (ECC) in the regional level consistent with the directive of the President to fast track issuance of government permits and licenses, DENR Administrative Order No. 2017-04 is hereby suspended indefinitely. It is understood that the processing of pending ECC online and/or manual applications shall proceed pursuant to Administrative Order nO. 42. s. 2002 and DAO 2016-17 Updates • DAO 2017-15 GUIDELINES ON PUBLIC PARTICIPATION UNDER THE PHILIPPINE ENVIRONMENTAL IMPACT STATEMENT (EIS) SYSTEM • Consistent with the State Policies and Principles of the Philippine Constitution on the right of the people to a balanced and healthful ecology and on encouraging non-governmental, community-based, or sectoral organizations that promote the welfare of the nation, the provisions of PD 1151 and PD 1586 on the implementation of the Philippine EIS System and