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Projects which are not listed in any of the groups fall under this category. An example is a project using a new process or technology with uncertain impacts. This is merely an interim category and projects falling under this group will eventually be classified accordingly after EMB evaluation.⁴⁰⁴

Project Subgroups

Aside from Groups 3 and 5, each of the aforementioned groups has the following subgroups:

a. New projects

b. Existing projects with ECC with proposal for modification or resumption of operation c. Operating Projects without ECC – These are “currently operating projects [that]

preceded the implementation of the PEISS (i.e., projects that were operational or implemented prior to 1982) are not covered by the EIS System unless these apply for modification or expansion falling within thresholds of covered projects under Groups [1] and [2].”⁴⁰⁵

As for Group 3, its subgroups include Enhancement and Mitigation Projects and all other Group 2 project types or sub types in NECA. Group 5 only includes new projects.

c. Documentary Requirements

As mentioned earlier, it is important to know which group a project falls under in order to determine the appropriate documentary requirements to submit. Below is a list of documents required from the proponent in conducting an EIA.

i. Environment Impact Statement

The Environment Impact Statement (EIS) is a “document, prepared and submitted by the project Proponent and/or EIA Consultant that serves as an application for an ECC. It is a comprehensive study of the significant impacts of a project on the environment. It includes an Environmental

406 Id. at 42.

407 Id.

408 Id.

409 Id.

410 Id.

Management Plan/Program that the Proponent will fund and implement to protect the environment.”⁴⁰⁶

ii. Initial Environmental Examination Report

The Initial Environmental Examination (IEE) Report is “a document similar to an EIS, but with reduced details and depth of assessment and discussion.”⁴⁰⁷

iii. Programmatic Environmental Impact Statement

The Programmatic Environmental Impact Statement (PEIS) is a “documentation of comprehensive studies on environmental baseline conditions of a contiguous area. It includes an assessment of the carrying capacity of the area to absorb impacts from co-located projects such as those in industrial estates or economic zones (ecozones).”⁴⁰⁸

iv. Programmatic Environmental Performance Report and Management Plan

The Programmatic Environmental Performance Report and Management Plan (PEPRMP) is a

“documentation of actual cumulative environmental impacts of co-located projects with proposals for expansion. The PEPRMP should describe the effectiveness of current environmental mitigation measures and plans for performance improvement.”⁴⁰⁹

v. Environmental Performance Report and Management Plan

The Environmental Performance Report and Management Plan (EPRMP) is a “documentation of the actual cumulative environmental impacts and effectiveness of current measures for single projects that are already operating but without ECCs.”⁴¹⁰

3. Stages of the EIA Process/Procedure for ECC Application The EIA Process has six consecutive stages:

1. Screening;

2. Scoping;

3. EIA Study and Report Preparation;

4. EIA Report Review and Evaluation;

5. Decision Making, and Monitoring; and 6. Validation and Evaluation/Audit.

411 Revised Procedural Manual for DAO No. 03-30, at 14.

Stages 1-3 are Proponent-driven while stages 4 and 5 are EMB-driven. Stage 6 is both initiated by the Proponent and the EMB.⁴¹²

Stage 1: Screening

The Screening stage is uniform in all ECC applications regardless of whether the project is single, co-located, new and existing, with or without ECCs, or proposing for resumption of operation or project expansion/modification. In this stage, it is determined whether a project is covered or not through the EIA Coverage and Requirements Screening Checklist (ECRSC).⁴¹³ The ECRSC is a self-screening tool for the Proponent to determine coverage under the PEISS and the corresponding requirements to comply with the system. In addition to this, the checklist also serves as a Site Inspection Report Form of the EMB for ECC/CNC application.⁴¹⁴

There is a slight variation in the stages depending on the type of document requirements to be submitted. The procedure shall be discussed per type of report required.

For ECC Applications Requiring a PEIS/EIS/PEPRMP/EPRMP

The following is the procedure to be used for ECC applications where the report type required is either a PEIS, EIS, PEPRMP or EPRMP.

Stage 2: Scoping

There are three levels of scoping activity: (1) Project Briefing meeting with review team; (2) Public Scoping with community; and (3) Technical Scoping with review team. Before going through the three levels, social preparation or information, education and communication of LGUs with jurisdiction over the project area shall be done first.⁴¹⁵ The Proponent initiates this activity, the result of which is used as a basis for the identification of stakeholders and issues in preparation for Public Scoping.

After the information, education and communication of LGUs, the Proponent shall request for public scoping with the EMB by submitting five sets of Pro-forma Letters of Request for Scoping with an attached Pro-forma Description for Scoping. These letters must also include a filled-out EIA Scoping/Procedural Screening Checklist (SPSC). However, SPSC is not required for projects in national waters outside LGU jurisdiction.⁴¹⁶

Within five (5) working days from receipt of the letter-requests, the EMB shall form the prospective Review Team which shall consist of an EMB Case Handler, third party EIARC members and/or Resource Persons. In coordination with the Proponent, the EMB shall confirm the date and venue of the Three-Level Scoping Activity.⁴¹⁷

412 Revised Procedural Manual for DAO No. 03-30, at 14.

413 Id. at 16.

414 Id.

415 Id. at 18.

416 Id.

417 Id.

418 Revised Procedural Manual for DAO No. 03-30, at 18.

419 Id.

420 Id.

421 Id. at 19.

422 Id.

423 Id.

424 Revised Procedural Manual for DAO No. 03-30, at 19.

425 Id.

During the first level which is the Project Briefing with the Review Team, the Proponent shall present a project overview, key issues, proposed terms of reference of the EIA Study and the SPSC. ⁴¹⁸ The second level, Public Scoping, is with project stakeholders. In this level, the community sector will raise their issues which shall be addressed in the EIA Study.⁴¹⁹ This level is not required for projects requiring PEPRMP, EPRMP Report Types and for projects in national waters that are outside of the jurisdiction of any LGU. In the third level, the SPSC presented by the Proponent during Project Briefing shall be reviewed, finalized and signed by the Review Team and the Proponent.⁴²⁰

After the Three-Level Scoping Activity, the EMB Case Handler shall review and approve the EIA SPSC, making official the final terms of reference of the EIA Study.⁴²¹