5-1
                            Chapter 5
                                
                     The EIS Review Process




DENR  has  developed a system to make the EIA review  process  as
systematic  and as transparent as possible.  The scheme  adopted,
as enunciated under DAO 96-37, is a two-stage EIA review process.
The  first  stage is a procedural review to be conducted  by  the
receiving  staff  of  DENR.  The second stage  is  a  substantive
review  to  be performed by an EIARC in the case of EIS,  or  the
EMPAS in the case of IEE.

1.   Procedural Review

     As  per  Sections 10 and 20 Article III of DAO  96-37,  upon
     receipt  of  the EIS or IEE submitted by the proponent,  the
     DENR shall determine the completeness of the documents.   If
     the  documents  are found to be incomplete  or  in  need  of
     revision,  the  same shall be immediately  returned  to  the
     proponent for completion or revision.

     The  purpose  of  the first-stage procedural  review  is  to
     screen  the EIA document (EIS or IEE) and determine  whether
     it  complied  with  the  required  procedures  and  content.
     DENR's  examination of the EIA document  at  this  stage  is
     based on the following criteria:

            �    Completeness of information
�    Order of presentation of information

     At  this  stage,  full compliance with minimum  requirements
     shall  be  imposed before the EIA document can  be  reviewed
     substantially.

2.   Substantive Evaluation

     DAO  96-37 provided that upon passing the procedural review,
     the EIA documents is accepted for substantive evaluation  by
     the EIARC or the EMPAS in order to assess the quality of the
     EIA.   The  reviewers are tasked to examine the document  on
     the basis of criteria such as:

            �    Clarity of presentation
�    Balance in presentation and assessment
�    Accuracy of information and assessment
�    Precision of information and assessment
     Clarity.   The  EIS document is intended to communicate  the
     results of the EIA to a wide range of stakeholders including
     regulators, evaluators from various disciplines and professions,
     decision makers, affected communities, and the general public.
     It should therefore be written in such a way that it is easily
     understood.

     Balance.   There  are  many ways by  which  balance  can  be
     gauged.  An EIS document is balanced if it is devoid of bias
     in  the  presentation  and analysis  of  data.   It  is  not
     supposed   to   provide  justifications  for   pre-conceived
     conclusions  in favor of any interest group.  Moreover,  the
     EIS  document  should  demonstrate a balanced  treatment  of
     descriptive  and analytical discussion.  Facts or  data  and
     their  meaning  or  interpretation should  be  presented  in
     tandem;  one without the other will not withstand scientific
     scrutiny.

     Accuracy  and Precision.  These are universal criteria  that
     need  to  be satisfied in any form of scientific inquiry  or
     investigation.   All analytical data presented  in  the  EIS
     should  satisfy  the  prescribed  levels  of  accuracy   and
     precision as derived from established statistical tools  and
     methods.   Furthermore,  all  the baseline  characterization
     methods  (such as sampling, survey and testing  procedures),
     as  well  as  impact prediction tools and  techniques  (such
     modeling techniques, field tests and laboratory experiments)
     used  in  the  EIA study will be scrutinized  not  only  for
     statistical, but also for scientific soundness.


Section 7.0 of Article III    Submission of EIS

     Upon Completion of the EIA Study, the proponent shall submit
at  least  ten  (10)  legible copies of the EIA  and  a  complete
electronic file in computer diskettes to the EMB for review.  The
EMB  may  require  the proponent to submit additional  copies  as
necessary.

      The  proponent shall likewise furnish a copy of the EIS  to
the  Offices of the Undersecretary handling the environment,  the
concerned  Regional  Executive Director,  PENRO,  CENRO  and  the
Municipal/City Mayor where the project is proposed to be located.

NOTES:

�     The  EIS  should conform to the annotated EIS  outline  and
  other prescribed procedural and substantive criteria.  It should
  also  include informations and analyses as agreed upon  in  the
  Agreed Scope under the Formal Scoping Report.

�    Additional copies for the Office of the Undersecretary, RED,
  PENRO,  CENRO and LGUs shall be destributed only after the  EIS
  submissions had undergone and passed the procedural review.

�     EIS submissions in diskette form must conform to the format
  prescribed herein.

     Upon approval of the Agreed Scope as contained in the Formal
     Scoping Report, the next step is the preparation and writing
     of the EIS document. The EIS should conform to the annotated
     EIS  outline  (see Annex 5-A for the annotated outline)  and
     must  satisfy prescribed procedural and substantive criteria
     as  listed  in  the  review checklist  (see  discussions  in
     succeeding sections for details)  It should also contain the
     information  and analyses identified in the final  scope  of
     work under the approved Formal Scoping Report.
     
     To avoid wasting papers, the proponent shall submit only one
     (1)  copy for procedural review.  The proponent shall submit
     the  required  number  of  copies  only  after  passing  the
     procedural review.
     
     Under  Section  7, Article III of DAO 96-37,  the  proponent
     shall  submit ten (10) copies of the EIS.  EMB  may  require
     the proponent to submit additional copies as necessary.
     
     In  addition,  the  proponent shall  furnish  the  following
     offices with a copy of the EIS as required under the DAO:
     
          �    Office of the Undersecretary for the Environment and
            Programs Development (2/f DENR Building, Visayas Ave., Quezon
            City);
�    DENR Regional Executive Director - the proponent shall
provide the DENR RED who has jurisdiction over the project site
with a copy of the EIS.  In case the project site covers several
regions, then the DENR REDs of these regions shall each be
provided with a copy of the EIS;
�    Office of the PENRO - the proponent shall provide the PENRO
who has jurisdiction over the project site with a copy of the
EIS.  When the project site covers several provinces, then the
PENROs of these provinces shall each be provided with a copy of
the EIS;
�    Office of the CENRO - the proponent shall provide the CENRO
who has jurisdiction over the project site with a copy of the
EIS.  When the project site covers several districts or areas,
then the CENROs of these districts or areas shall each be
provided with a copy of the EIS; and
�    Office of the Municipal or City Mayor -  - the proponent
shall provide the Mayor of the municipality or city who has
jurisdiction over the project site with a copy of the EIS.  When
the project site covers several municipalities or cities, then
the Mayors of these municipalities or cities shall each be
provided with a copy of the EIS.  The copy shall be submitted to
the respective MPDO or Planning Officer.  Likewise, for project
covering several municipalities, the Provincial Governor shall be
provided a copy of the EIS through the PPDO.
     
     In  order  to ensure that the copy that will be received  by
     these  offices had passed the procedural review, the  copies
     intended for these recipient should bear the �RECEIVE� stamp
     of  EMB or DENR RO concerned before they are distributed  to
     the  appropriate  office or person.   Copies  of  proofs  of
     receipt or acknowledgment receipts shall be submitted to EMB
     or  DENR  RO  within fifteen (15) days of the acceptance  or
     receipt of the EIS submissions by EMB or DENR RO concerned.
     
     The  proponent  shall also submit to EMB or DENR  RO,  along
     with  the  hard  copy reports, two (2) sets  of  a  complete
     electronic  file  of  the  EIS in  computer  diskettes.  The
     following are required for the computer file:
     
          �    file to be copied in 3.5 high density diskettes formatted in
            DOS Version 5.0 or Window-based and readable using IBM or
            equivalent compatible PCs;
�    a written listing of filenames and their contents;
�    indicate computer software and versions used for word
processing (such as Word Perfect Version 3, Microsoft Word
version 3 or later version) and quantitative analyses or tables
(such as Lotus 123 release 3, Excel or Quattro Pro).


Section 9.0 of Article III    Contents of the EIS

      Subject to the agreed-upon scope described in Section  5.0,
Article  III  and the Procedural Manual, an EIS  shall  at  least
contain the following basic items:

          a.   Project Description, including data on project location,
               specifically describing the primary and secondary impact zones,
               project rationale, alternatives, including alternative sites or
               actions, no action alternatives, and project phases;
b.   Scoping Report;
c.   Baseline Environmental Conditions for land, air, and people;
d.   Impact Assessment, including a discussion of the impact of
the project or undertaking on the environment and public health;
e.   Environmental Risk Assessment, when appropriate;
f.   Environmental Management Plan;
g.   Proposals for Environmental Monitoring and Guarantee Funds
when required;
h.   Supporting Documents, such as documents on social
acceptability, process of public participation, technical and
socio-economic data used, gathered, or generated; and
i.   Accountability Statements of the preparer and the proponent.
j.   For projects located in ancestral lands or domains, as
defined under DAO No. 2, series of 1993, or subsequently by law,
of indigenous communities, a specific chapter in the socio-
economic impact assessment shall be devoted to a discussion of
indigenous peoples' concerns and possible socio-economic,
political and cultural impacts of the proposed project on such
people.
k.   For projects or undertakings with significant impact on
women, a specific chapter in the socio-economic impact assessment
shall be devoted to a discussion and consideration of gender
issues.
l.   For projects or undertakings with significant impact on
population, a specific chapter on the socio-economic impact
assessment shall be devoted to a discussion of the relationship
among population, development, and the environment.

NOTES:

The EIS must conform to the annotated outline as povided in Annex
5-A.   Likewise, the contents of an EIS must include the required
information and analyses as contained in the agreed  scope.   The
procedural and substantive review checklist (Annexes 4-B and 4-C)
may  also be used as reference in the preparation of the EIS. The
general format of the annotated outline is presented below:

1.   Table of Contents
2.   Executive Summary
     A.   Brief introduction
B.   Brief description of methodology and profile of EIA Team
C.   Scope and limitation of the EIA Study
D.   Brief project description
E.   Brief description of baseline environmental conditions
     F.   Matrix of issues and impacts raised during the scoping and
          consultations
G.   Matrix of major Impacts, and mitigation/enhancement measures
with summary discussion
     H.   Matrix  of  environmental management plan with  summary
          discussion
I.   Matrix of environmental monitoring plan with summary
discussion
     J.   Proposal of environmental guarantee and monitoring fund
          scheme (when applicable)
K.   Summary of process documentation report, and
L.   Summary of commitments, agreements, or both, and proofs of
social acceptability
3.   Introduction
     A.   Project background
B.   EIA Approach and Methodology
C.   EIA Process Documentation
D.   EIA Team
E.   EIA Study Schedule
4.   Project Description
     A.   Project Rationale
B.   Project Alternatives
C.   Project Location
D.   Project Information
     E.   Description of Project Phases
          i.   Pre-Construction/Operational Phase
ii.  Construction Phase
iii. Operational Phase
iv.  Abandonment Phase
5.   Baseline Environmental Conditions
     A.   Physical Environment
          i.   Geology and geomorphology
ii.  Hydrology and hydrogeology
iii. Pedology and land use
iv.  Water Quality and limnology
v.   Meteorology
vi.  Air and noise quality
vii. Oceanography
     B.   Biological Environment
          i.   Terrestial flora and fauna
ii.  Marine biology
     C.   Socio-Cultural, Economic and Political Environment
6.   Future Environmental Conditions without the Project
7.   Impact Assessment and Mitigation
     A.   Physical/Chemical Effects
          i.   Land
ii.  Water
iii. Air
     B.   Biological/Ecological Effects
          i.   Terrestial flora and fauna
ii.  Aquatic flora and fauna
     C.   Aesthetic and Visual Effects
D.   Socio-Cultural and Economic Effects
          i.   Population
ii.  Labor and Employment
iii. Housing and Social Services
iv.  Infrastructure and Public Utilities
v.   Health and Education
vi.  Culture and Lifestyle
vii. Livelihood and Income
viii.     Archeological/Anthropological/Historical Sites
     E.   Mitigation and Enhancement Measures
F.   Residual and Unavoidable Impacts
8.   Environmental Risk Assessment (when applicable)
9.   Environmental Management Plan
     A.   Construction/Contractors Environmental Program
B.   Social Development Program
C.   Contingency/emergency Response Plan
D.   Risk Management Program
E.   Abandonment Plan (when applicable)
F.   Environmental Monitoring Plan
10.  Environmental Guarantee and Monitoring Fund Proposal
11.  Commitments and Agreements
12.  Bibliography/References

Attachments or Annexes

�    List of EIS Preparers with specified field of expertise
�    Original Sworn Accountability Statement of Key EIS
Consultants (Annex 4-E)
�    Original Sworn Accountability Statement of Proponent (Annex
4-F)
�    Photos or plates of proposed project site, impact areas and
affected areas and communities
�    Process Documentation Report
�    Formal Scoping Report
�    Summary of Proof of Social Acceptability
�    Maps/photos/plates/diagrams/sketches



Section 10.0 of Article III.  Initial Review of EIS Document

     Upon receipt of the EIS, the EMB shall immediately determine
the  completeness of the documents submitted by  the  proponents.
If  the  documents  are  found to be incomplete  or  in  need  of
revision, the same shall be immediately returned to the proponent
for completion or revision.


NOTES:

�    The Initial Review of the EIS documents, otherwise known  as
     Procedural Review, determines the completeness and order  of
     presentation of information contained in the EIS.  The review is
     based on the results of the scoping activities conducted, DENR
     scoping  guidelines  for that particular  project,  and  the
     Procedural Review Checklist.

�    The  Screening Officer of the DENR shall be responsible  for
     the procedural review of the EIS submitted by the proponent and
     for making recommendations on the acceptance and non-acceptance
     of the document.

     
     The  EIA  Review Process is a critical component of the  EIA
     process  since this is the activity upon which the  decision
     to  grant  or  deny the issuance of an ECC to  a  particular
     project,  is  determined.  It is here where the  fate  of  a
     project  lies.  Hence, it is very important that the process
     observes  proper  procedures and is  conducted  with  utmost
     proficiency.
     
     
     The steps for Procedural Review are as follows:
     
     1.   Upon completion of the EIS study, the proponent shall submit
          one (1) set of EIS document for procedural review by EMB or the
          DENR RO concerned.  The EIS submission shall be accompanied by a
          Procedural Review Checklist (Annex 5-B) duly accomplished by the
          preparer or proponent.
     
     2.   The Procedural Review Checklist shall be modified or revised
          to incorporate the requirements as identified in the agreed scope
          of the Formal Scoping Report.
     
     3.   Upon receipt of the EIS documents, the Screening Officer
          shall immediately determine its completeness and order of
          presentation of information.  The Screening Officer shall use the
          Procedural Review Checklist as the basis of screening.  To
          facilitate the process, the checklist accomplished by the
          proponent may be used by the Screening Officer as a reference.
     
          Immediate   determination  shall  mean  completion   of
          Procedural Review not later than three (3) working days
          after submission.
     
     4.   The Screening Officer shall accomplish three (3) sets of the
          Procedural Review Checklist.  One copy shall be given to the
          proponent, one copy shall be retained by the Screening Officer,
          and  one  copy  shall be kept as File Copy of  the  EIA
          Division/Unit/Section concerned.
     
          �    The receiving officer shall indicate, through a check/tick
               mark under the YES, NO or NOT APPLICABLE column, the presence or
               absence of a particular information required.  For check/tick
               mark under the NOT APPLICABLE column, the basis or justification
               shall be cited under the REMARKS column.
          
          �    If the EIS documents are complete, they will be formally
               accepted.  The proponent will be notified of the acceptance by
               furnishing him a copy of the procedural form duly signed by the
               Screening Officer.
          
          �    If they are incomplete, the EIS documents shall be returned
               to the proponent for revision or submission of the missing
               requirement. The reason for non-acceptance shall be stated in
               writing at the appropriate place in  the form.
     
               The Screening Officer shall determine the completeness
               of the submitted document.  Preliminary judgment may be
               made on the presentation or adequacy of the information
               contained in the EIS.  No final judgement shall be made
               on the accuracy or adequacy of the information in the
               EIS.
     
     5.   If the EIS document has complied with all the requirements
          prescribed in the checklist, the proponent shall submit ten (10)
          copies of the documents (20 copies for golf course projects).
     
          The  proponent  shall  pay the  necessary  amount  (see
          Chater  11)  before submitting the required  number  of
          copies  to the Record Section of EMB.  In the  case  of
          DENR-RO,   submissions  shall  be  made  to   the   EIA
          Division/Section/Unit  Head  after   payment   of   the
          appropriate fee.
     
     All  EIS  submissions not going thorugh  the  said  standard
     procedures  shall  not  be considered as  applications  and,
     therefore,    shall    not   be   used    as    basis    for
     recommendation   on   the  issuance   or   denial   of   the
     Environmental Compliance Certificate (ECC).
     


Section  11.0 of Article II:   Convening of, and Endorsement  to,
the EIARC

      Within 15 days from the date of submission of the EIS,  the
EMB  shall convene the EIARC and endorse the EIS to the said body
for substantive review


NOTES:

     DENR   shall   convene  an  independent  review   group   of
     professionals  from  the  academe,  EIA  practitioners,  and
     national  government agencies to constitute the  EIA  Review
     Committee (EIARC) for each submitted EIS. The EIARC will  be
     responsible  for undertaking the substantive review  of  the
     EIS submitted by the proponent.
     
     Since  the  review  process is a crucial point  in  the  EIA
     process,    it  requires  the  participation  of   qualified
     individuals  with  proven  probity  to  conduct  the  review
     objectively  and  professionally.   Below  are  the  general
     criteria in selecting members of the Review Committee:
     
     1.   The  person  must  preferably  be  recommended  by   an
          institution  that has been tasked by DENR  to  identify
          potential  EIARC  members, such as  the  Department  of
          Science  and Technology or the Development Academny  of
          the Philippines.
     
     2.   The  person is not a part of the EIA team or firm  that
          prepared  the EIS under review, or is not involved,  in
          any way, in the preparation of the study.
     
     3.   The  person's  field of expertise is  relevant  to  the
          project being reviewed.
     
     4.   The  person is not a staff or employee of the concerned
          national  government agency.  For  example,  an  energy
          project  should  not be reviewed by a person  from  the
          Department  of  Energy.  The person,  however,  may  be
          invited as a resource person in the Review Committee.
     
     5.   The  person is neither a present nor previous  employee
          of  the  proponent  of  the  project.   As  a  previous
          employee,  the  person must not be connected  with  the
          company of the proponent for the past 1 year or more.
     
     6.   The  person  is  neither a known  staunch  advocate  or
          oppositor to the project.
     
     7.   The person is not a DENR employee.
     
     In  order to fulfill the intention of Section 11 of  Article
     III, EMB or the DENR RO concerned should ideally be able  to
     accomplish the following tasks during the 15 days timeframe:
     
          �    Convene the members of the EIARC
          
            The  selection  of the members of the  EIARC  may  be
            initiated  as  early  as the submission  of  the  EIS
            document  by the preparer or proponent for procedural
            review.   This will allow the receiving office  ample
            time to convene the EIARC.
          
            As  a  general rule, the EIARC shall be  composed  of
            the  Chair,  a  Co-chair, a DENR  Case  Officer,  and
            several members.  Depending on the magnitude  of  the
            project,  the  EIARC shall have a total  of  5  to  7
            members.   However, under exceptional  circumstances,
            like  controversial  projects, the  number  of  EIARC
            members may be increased as deemed appropriate.
          
          �    Distribute the copy of the EIS documents to each member of
            the EIARC.
          
            As  a  general  rule,  the distribution  of  the  EIS
            documents shall be done within the fifteen (15)  days
            and,  preferably, a week before the  scheduled  first
            EIARC meeting.
          
          
          �    Schedule the first meeting of the EIARC
          
            In  convening the EIARC, the memorandum shall include
            the  schedule  of  the  first meeting.   Under  ideal
            conditions,  the first meeting should  coincide  with
            the  end of the 15-day period provided under DAO  96-
            37 for convening the EIARC.
          


Section 12.0 of Article III:  Substantive Review by the EIARC

     After  proper endorsement, the EIARC shall evaluate the  EIS
in  accordance  with the review criteria set  forth  in  the  EIS
Procedural  Manual.   The EIARC shall validate  the  EIS  through
methods  deemed appropriate such as, but not limited to,  ocular,
inspections/site  visits  and  technical  studies  conducted   by
experts  and relevant institutions. The EIARC shall consider  the
process  documentation report in the validation of the  EIS.  The
EIARC  shall endeavor to complete the substantive review  of  the
EIS within 60 days from receipt thereof.


NOTES:
     
     The  EIARC members shall evaluate the EIS document based  on
     its  compliance with the review criterion contained  in  the
     Substantial  Review Checklist (Annex 5-C).  The  Substantial
     Review Checklist shall be modified or revised to incorporate
     the  requirements as identified in the agreed scope  of  the
     Formal  Scoping Report. The EIARC shall evaluate the EIS  in
     terms of the following general criteria:
     
     �    completeness of information - the documents should provide
       the required level of detail in accordance with the information
       identified in the scoping matrix or report and other appropriate
       guidelines such as the scoping guidelines.
     
     �    clarity of presentation - the document should be easily
       understood by the reviewers and comprehensible for decision-
       making
     
     �     appropriateness - this will be measured  in  terms  of
       conformity  of the EIS document to technical standards  or
       mechanisms of implementation
     
     �    accuracy and precision in information or assessment - this
       will be gauged in terms of the adherence of the EIS document to
       the standard method of data gathering, modelling and analysis
       selected and mutually agreed on during the scoping session
     
     �    degree of consistency - the document should be entirely
       consistent in terms of its findings, assessment or analysis and
       recommendations such that no statement in the EIS will contradict
       another statement within the study
     
     �    responsiveness - this will be measured in terms of how the
       document addressed valid issues and concerns of stakeholders and
       other interested parties
     
     The  EIARC, in the course of substantial review, may  employ
     the following methods:
     
     �    Public Hearing or Public Consultation (see Chapter 7 for
       more details)
�    Site visits or occular inspections including walk-throughs
�    Technical studies or special researches to be undertaken by
research institutions or academe
     
     Other methods may be employed depending on the magnitude and
     complexity of the project.
     
     Based  on  Section  12  of Article  III,  the  EIARC  should
     endeavor  to  complete the substantive review  within  sixty
     (60)  days.   In  order  to fulfill the  intention  of  this
     section, the following highly recommended approaches or mode
     of  implementations shall be adopted whenever practical  and
     appropriate:
     
       EIARC  meetings should serve as a venue or  opportunity
       for discussing issues and findings on the EIS.  This is
       why  a  quorum, or preferably a perfect attendance,  is
       required.
     
     �     First EIARC Meeting - Ideally, the first EIARC meeting
       should be scheduled during the first few days of the 60-day
       period alloted for substantive review. This is the preferred
       option in order to avoid exceeding the alloted timeframe.
     
       The first EIARC meeting may be divided into four parts  as
       follows:
     
          1.   The EIARC members, including the resource persons when
            applicable, meet to discuss protocols and review parameters. This
            is also an opportunity for the EIARC members and resource persons
            to get acquainted.  During this time, the proponent(s) and
            preparer(s) are excluded from the meeting.
          
                   The EIARC Chair (or the co-chair) and the DENR Case
                 Officer must be present in all EIARC meetings.  The
                 DENR  Case  Officer shall be responsible  for
                 documenting the entire review process.  The meetings
                 should be recorded on tape for later transcription.
          
          2.   The second part of the meeting is a briefing on the EIA
            study by the preparers or proponent.  The briefing shall
            concentrate on the highlights of the results of the EIA study, in
            particular, on how the EIA study addressed environmental issues
            and other concerns raised during the various scoping activities.
            At the discretion of the EIARC, the proponent or preparer may be
            given a time limit for their presentation.  On the other hand,
            the proponent or preparer should utilize this opportunity to
            anticipate the concerns of the EIARC and minimize the need for
            additional informations.
          
                   Additional informations requirement are intended to
                 provide elaborations or clarifications of some
                 aspects of the EIA Study.  Normally, it should not
                 require the conduct of new studies or collection of
                 field data that are outside the agreed scope.
                 Should such additional activities be necessary, the
                 EIARC should first obtain the concurrence of the EMB
                 Director or RED, as the case may be.
          
          3.   The third part of the meeting, among the EIARC members and
            resource persons only, will be devoted to discussion of
            preliminary findings.  Among matters that may be discussed are:
            timetables or schedules (of the next EIARC meeting(s) and other
            activities), the need of additional informations, the schedule of
            public hearing or public consultations, the need for site
            inspections, and other additional inputs required for the
            substantial review.
          
          4.   The last part of the meeting will be with the proponent or
            preparer.  They shall be informed of any additional information
            requirements and other inputs (such as requirement for Public
            Hearing or Public Consultation, site inspections or visits,
            etc.).  The opportunity should be utilized to clarify the
            additional information requirements among others.
     
     �    Conduct of field works - In order to minimize the number of
       EIARC  meeting, field works such as public hearing, public
       consultations, site inspections or ocular visits may be scheduled
       at this time before the next EIARC meeting.
     
       A  visit to the project site may be conducted by the EIARC
       under the following conditions:
     
          �    when none of the EIARC members is familiar with the site;
�    when one or more EIARC member has a particular concern or
interest that he or she wants to investigate; or
�    when one or more EIARC member has a particular concern or
issue that he or she wants to verify or validate.
     
     �    Second EIARC Meeting - Ideally, the second EIARC meeting
       should  be utilized to discuss and evaluate the additional
       information submissions of the proponents, the findings during
       the public hearing or consultation(s), and other additional
       inputs.   If  possible, a decision  may  be  made  on  the
       recommendation to issue or deny the application for an ECC.
     
                 Should there be a need for additional informations at
               this time, the next EIARC Meeting should be held in such
               a way as to allow panel discussion.  The proponent or
               preparer should present the additional information, and
               if necessary, defend, clarify and elaborate on issues
               raised by the EIARC.  Written submissions may be made at
               a later date for documentation purposes; to provide
               adequate safeguards, the proceedings may be taped by
               video tape if necessary.
                     Ideally,  there should be no need  for  a
               third request for additional information.
     
     �    Third EIARC Meeting - Ideally, the third EIARC meeting shall
       be the last meeting of the substantive review phase.  However,
       under exceptional circumstances, additional EIARC meeting may be
       scheduled.  The EIARC should nonetheless endeavor to complete the
       substantive review within the sixty (60) days timeframe.
     
                   During the course of the entire review process, the EMB
                 or DENR-RO concerned should regularly inform the
                 proponent in writing about the status of the ECC
                 application, regardless of whether a decision has been
                 reached or not.
     
     
     
     Section 13.0 of Article III:  EIARC Report
     
           Within  15  days from completion of review,  including
     public consultations and hearings, the EIARC shall submit  a
     report  to  the EMB Director containing the results  of  its
     review/evaluation and its recommendations  with  respect  to
     the  issuance/non-issuance of the ECC.  Said  report,  which
     shall  begin  with  a brief description of  the  project  or
     undertaking, shall discuss:
     
          a.   environmental impacts and corresponding costed mitigation
               and enhancement measures of the project or undertaking;
b.   key issues/concerns;
c.   proponent�s response to issues;
d.   compliance with review criteria, technical/substantive
content and social acceptability requirements, and
e.   the acceptability of the proposed EMP.
     
     
NOTES:

     Within 15 days from the completion of the review, the  EIARC
     submits  an  EIARC report  to the EMB Director.  The  report
     shall  contain  the results of the review or evaluation  and
     the  committee's recommendation with respect to the issuance
     or   non-issuance  of  an  ECC  including  the   appropriate
     conditions.
     
     The EIARC Chairman, on behalf of and in concurrence with the
     rest  of  the  committee  members, signs  the  report.   The
     presumption  of concurrence shall be the signatures  of  the
     EIARC members in the Substantive Review Checklist.
     
     
     
     At  the minimum, the EIARC report hall contain the following
     information:
     
          �    a brief project description;
�    summary matrix of significant project impacts and mitigation
enhancement measures;
�    summary of key issues or concerns plus the proponent=s
response to the issue(s) raised;
�    EIARC evaluation to the proponent=s response to the
different issue(s) raised;
�    a review summary based on the technical and substantive
review criteria;
�    report on compliance with social acceptability requirements;
�    over-all findings of the review or evaluation;
�    recommendations; and
�    necessary conditions to be attached to the ECC
     
     The  EIARC  Report should include the recommended conditions
     that  shall  be included in the ECC.  Basic conditions  that
     are standard for all ECC are the following:

          �    scope of the operations (limitations)
�    construction or installation of an adequate waste treatment
facility
�    emissions or discharges conforming with DENR standards
�    monitoring measures
�    demonstration of social acceptability
�    all other permits should be secured before beginning
operation
�    applicability of the ECC in case of transfer of ownership.
     
     Additional  conditions may be attached to the ECC  depending
     on  its  appropriateness and relevance.  Examples  of  these
     conditions are the following:
     
          �    specific mitigating measures
�    safety measures including appropriate emergency response and
contingency plans
�    additional environmental studies (if necessary)
�    employment preference for local residents
     
     The 15-day timeframe for the EIARC Report submission include
     the time necessary for the EIA Division/Unit/Section Head of
     EMB  or  DENR RO concerned to review and evaluate the  EIARC
     Report  and  other supporting or pertinent documents.   Such
     report  shall be endorsed by the EIA Division/Unit/  Section
     Head  to the EMB Director or RTD for EMPAS, as the case  may
     be, with the appropriate recommendations or comments.
     
     
     
Section 14.0 of Article III:  Recommendation of the EMB Director

     Within 15 days from the receipt of the EIARC report, the EMB
Director  shall make his or her own recommendation to the  Office
of  the Secretary for final decision.  Copies of the EIARC report
and  other  pertinent  documents shall be  attached  to  the  EMB
Director�s recommentations.


NOTES:

     The  15-days timeframe for the recommendations  of  the  EMB
     Director or RTD-EMPAS of the DENR RO concerned includes  the
     time necessary for the requisites staff works.
     
     
     
Section 15.0 of Article III:  Issuance of ECC

      Within  15 days from the receipt of the report of  the  EMB
Director, unless circumstances warrant a longer period  of  time,
the Secretary shall either grant or deny the issuance of ECC.  In
granting or denying the issuance of the ECC, the Secretary  shall
take  into account the social and environmental cost implications
relative   to   the   judicious  utilization,   development   and
conservation of the country�s natural resources.


NOTES:

     The 15-days timeframe for the decision of the DENR Secretary
     or  RED of the DENR-RO concerned includes the time necessary
     for the requisite staff works.
     
     In  order  to  ensure  higher rate of  compliance  with  ECC
     conditions,  the  proponent may be  advised  by  the  office
     concerned  to initiate activities for compliance with  these
     conditions.   For  example, the proponent may  initiate  the
     finalization  and execution of the MOA for the establishment
     of  the  EGF. The proponent may also be required  to  obtain
     some permits at this stage to allow for compliance with some
     specific ECC conditions.


Section 16.0 of Article III:  Transmittal of EIS Records and ECCs

      In  the  event  that an ECC is issued, the Secretary  shall
cause the transmittal of pertinent records and documents, and the
ECC  to  the  EMB within 10 days from the date of such  issuance.
The  offices of the concerned Regional Executive Director, PENRO,
CENRO,  the Municipality/City Mayor and the proponent shall  also
be furnished a copy of the ECC within the same period.


NOTES:

     The  ECC  and other pertinent documents shall be transmitted
     to  EMB  or  the RTD-EMPAS of the DENR RO concerned  by  the
     issuing authorities within the prescribed timeframe.
     
     Some of the conditions may be required for compliance before
     the release of the ECC.  Examples of such cases would be the
     submission of the signed and notarized MOA establishing  the
     MMT and EMF before the release of the ECC.
     
     Before  the release of any ECC, the EMB or the RTD-EMPAS  of
     DENR-RO  concerned shall number the ECC in  accordance  with
     the prescribed format.  (see Chapter 8 for more details)
     
                      ECC without the requisite numbers of EMB or the DENR RO
                 concerned shall not be considered valid.
     
     The  following  offices  shall be  provided  copies  of  the
     numbered  ECC  within  10 days from  the  date  the  ECC  is
     available for release to the proponent:
     
          �    DENR Regional Office(s) concerned:  RED and RTD for EMPAS
�    PENRO(s) concerned
�    CENRO(s) concerned
�    LGU/s concerned (Municipality/City Mayors and Provincial
Governnor, whenever applicable)
     
     



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