6-1
                            Chapter 6
                                
                     The IEE Review Process




An   Initital  Environmental  Examination  (IEE)  is  a  document
required  of proponents that describes the environmental impacts,
and   mitigation  and  enhancement  measures,  of   projects   or
undertakings  located  in an ECA. The IEE  replaces  the  Project
Description  (PD)  required under DAO 21, series  of  1992.   The
purposes of the IEE includes the following:

�      identify   all   potential  environmental   issues/impacts
  associated with the project type relative to the ECA location;
�    identify all significant environmental impacts (SEIs);
�    resolve all significant environmental impacts within the
scope of the IEE; and
�    recommend additional studies or an EIS to resolve
outstanding issues or impacts.

The  IEE  is  linked to the EIS to resolve unsettled and  complex
environmental issues. In such cases, the IEE provides  the  focus
and  tasks to be performed in the EIS and develops the background
for these issues.

As  mentioned in Chapter 5, DENR has developed a system  to  make
the EIA review process as systematic and transparent as possible.
The scheme adopted, as enunciated under DAO 96-37, is a two-stage
EIA  review process.  For IEE submissions, the first stage  is  a
procedural  review  to be conducted by the Screening  Officer  of
DENR RO (EMPAS).  The second stage is a substantive review to  be
performed by the EMPAS.

I.   Procedural Review

     Under  Section 20 Article III of DAO 96-37, upon receipt  of
     the  IEE, the DENR shall determine the completeness  of  the
     documents submitted by the proponent.  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.  Similar processes and criteria  are
     applicable in the case of the IEE.

II.  Substantive Evaluation

     DAO  96-37 provides that upon passing the procedural review,
     the IEE documents is accepted for substantive evaluation  by
     the  EMPAS  in  order  to assess the  quality  of  the  IEE.
     Similar procedures or criteria for EIS are applicable.


Is Scoping required for IEE?

Scoping  is not mandatory in the preparation of an IEE. Depending
on   the   proponent�s  assessment  and  knowledge  of  the   IEE
requirement,  he  may or may not go through the scoping  process.
However,  it is to the advantage of the proponent to  initiate  a
scoping  meeting  with DENR-RO to guide him in  establishing  the
range  of actions to be undertaken, and alternatives and  impacts
to be examined.

     What can be gained from holding a scoping meeting with DENR-
     RO?
     
     A scoping session with the DENR-RO will enable the client to
     familiarize  himself with the requirements and processes  of
     doing  an  IEE. Specifically, DENR-RO can help the proponent
     during the scoping meeting can determine the following:
     
     �    environmental issues that may arise from the project using
       as references available Scoping Guidelines for Projects in ECAs
     
     �    Where there are no available scoping guidelines, DENR-RO may
       refer to or cite important environmental impacts or issues raised
       in similar projects reviewed by the DENR to guide the proponent.
     
     �    identify affected parties and other government agencies that
       have jurisdictions over the project. For instance, when  the
       project deals with land conversion, the Department of Agriculture
       (DA)  and the Department of Agrarian Reform (DAR) are  the
       important national government agencies to be consulted. The
       affected parties would include the  LGUs and local communities.
     
     �    discuss the contents of the IEE and answer general questions
       related to review and evaluation requirements.
     
     �     provide references on other sources of data or studies
       relevant to the project in accordance with established policies
       and procedures as may be prescribed by the DENR RED.
     
     �    provide a list of accredited IEE preparers (both local and
       national) which may be tapped by the proponent to undertake the
       IEE.



     The scoping also helps the proponent make a decision whether
     to:
     
     �    go through with the IEE with the knowledge that most issues
       or impacts will be settled within its scope; or
     
     �    voluntarily proceed to EIS preparation knowing fully well
       that the project may have significant environmental issues that
       cannot be dealt with  exhaustively in the IEE.
     
     The  decision  of  a proponent to proceed  directly  to  EIS
     preparation  for  a  project  sited  in  an  ECA  (but   not
     considered  an ECP) should be guided by any or a combination
     of the following factors:
     
     �    size of the project;
�    fragility of the project site;
�    project components and production process; and
�    to some extent, capital investment.
     
     Chapter  2 discusses in details the type of project in  ECAs
     that  are required to proceed to the preparation of  an  EIS
     even though a project is not classified as ECP.
     
     If  the proponent opts to immediately prepare and submit  an
     EIS in lieu of an IEE, the provisions on the procedural flow
     of  the EIS as discussed in Chapter 5 shall apply.  The DENR
     Regional  Office  shall  assume the role  of  reviewing  and
     validating  the submitted EIS.  Furthermore, the  RED  shall
     decide on the issuance or denial of an ECC.




Section 17.0 of Article III   Submission of IEE

      The proponent shall submit at least ten (10) legible copies
of  the  IEE and a complete electronic file in computer diskettes
to  the EMPAS for review.  The EMPAS may require the proponent to
submit additional copies as necessary.

      The  proponent shall likewise furnish a copy of the EIS  to
the concerned PENRO, CENRO and the Municipal/City Mayor where the
project is proposed to be located.


NOTES:

�     The  IEE  should conform to the annotated IEE  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, if applicable.

�     Additional  copies for the PENRO, CENRO and LGUs  shall  be
  destributed  only after the IEE submissions had  undergone  and
  passed the procedural review.

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

     Upon approval of the Agreed Scope as contained in the Formal
     Scoping Report in case a scoping session was conducted,  the
     next  step  is  the  preparation  and  writing  of  the  IEE
     document.   The  IEE  should conform to  the  annotated  IEE
     outline  (see Annex 6-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)   In  case  no   scoping
     sessions  was  conducted, the proponent  may  refer  to  the
     appropriate scoping guidelines, review checklist  and  other
     relevant materials for reference.
     
     To  avoid wasting paper, 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  17, Article III of DAO 96-37, the  proponent
     shall  submit  ten  (10) copies of  the  IEE.   The  DENR-RO
     (EMPAS)  may  require  the proponent  to  submit  additional
     copies as necessary.
     
     In  addition,  the  proponent shall  furnish  the  following
     offices with a copy of the IEE as required under the DAO:
     
          �    Office of the PENRO - the proponent shall provide the PENRO
            who has jurisdiction over the project site with a copy of the
            IEE.  When the project site covers several provinces, then the
            PENROs of these provinces shall each be provided with a copy of
            the IEE;
�    Office of the CENRO - the proponent shall provide the CENRO
who has jurisdiction over the project site with a copy of the
IEE.  When the project site covers several districts or area,
then the CENROs of these districts or areas shall each be
provided with a copy of the IEE; 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 IEE.  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 IEE.  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 IEE through the PPDO.
     
     In  order  to ensure that the copy that will be received  by
     these  offices  already  passed the procedural  review,  the
     copies  intended  for  these  recipients  should  bear   the
     �RECEIVED�  stamp of DENR-RO (EMPAS) concerned  before  they
     are distributed to the appropriate office or person.  Copies
     of  proofs  of receipt or acknowledgment receipts  shall  be
     submitted to DENR-RO (EMPAS) within fifteen (15) days of the
     acceptance or receipt of the IEE submissions by the  DENR-RO
     (EMPAS) concerned.
     
     The  proponent  shall also submit to DENR-RO (EMPAS),  along
     with  the  hard  copy reports, two (2) sets  of  a  complete
     electronic  file  of  the  IEE 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).
     
     For projects or activities where an IEE Report Checklist  is
     available,  the  same procedures and criteria  shall  apply.
     Likewise, the required number of copies for submission shall
     also apply.
     


Section 19.0 of Article III   Contents of the IEE

      Subject to the EIS Procedural Manual, an IEE shall at least
contain the following basic items:

          a.   A brief of the environmental setting and receiving
               environment, including the primary and secondary impact areas;
          
          b.   A brief description of the project or undertaking and its
               process of operation;
          
          c.   A brief description of the environmental impact of the
               project or undertaking, including its socio-economic impact;
          
          d.   A matrix of mitigation and enhancement measures;
          
          e.   A documentation of the consultative process undertaken, when
               appropriate;
          
          f.   A brief discussion of indigenous peoples' concerns and
               possible socio-economic, political and cultural impacts of the
               proposed project or undertaking on such people for projects or
               undertakings located in ancestral lands or domains, as defined
               under DAO No. 2, series of 1993, or subsequently by law, of
               indigenous communities;
          
          g.   A brief discussion of gender issues for projects or
               undertakings with significant impact on women;
          
          h.   A brief discussion of the relationship among population,
               development, and the environment for projects or undertakings
               with significant impact on population; and
          
          i.   Accountability Statements of the preparer and the proponent.


NOTES:

The IEE must conform to the annotated outline as povided in Annex
6-A.   Likewise, the contents of an IEE must include the required
information  and  analyses as contained in the  agreed  scope  if
applicable.   The  procedural  and substantive  review  checklist
(Annexes  6-B  and  6-C) may also be used  as  reference  in  the
preparation  of  the  IEE. The general format  of  the  annotated
outline is presented below:

I.   Table of Contents
II.  Executive Summary
III. Introduction
     A.   Project background
B.   EIA Process Documentation
C.   EIA Methodology
D.   EIA Team
E.   EIA Study Schedule
IV.  Project Description
     A.   Project Rationale
B.   Project Location
C.   Project Information
     D.   Description of Project Phases
          1.   Pre-Construction/Operational Phase
2.   Construction Phase
3.   Operational Phase
4.   Abandonment Phase
V.   Description   of   Environmental   Setting   and   Receiving
     Environment
     A.   Physical Environment
B.   Biological Environment
C.   Socio-Cultural, Economic and Political Environment
D.   Future Environmental Conditions without the Project
VI.  Impact Assessment and Mitigation
     A.   summary matrix of predicted environmental issues/impacts and
          their level of significance at various stages of development
B.   brief discussion of specific significant impacts on the
physical and biological resources
C.   brief discussion of significant socioeconomic
effects/impacts of the project including:
          1.   discussion of indigenous people�s concerns and possible
               socioeconomic, political and cultural impacts of a project or
               undertaking in ancestral lands or domains, as defined under DAO 2
               series of 1993, or subsequently by law, of indigenous
               communities.
2.   discussion of gender issues if projects will have
significant impacts on women.
3.   discussion of relationship among population, development and
environment for projects with significant impact on population.
VII. Environmental Management Plan
     A.   summary  matrix of proposed mitigation and  enhancement
          measures, estimated cost and responsibilities
B.   brief discussion of mitigation and enhancement measures
C.   monitoring plan
D.   contingency plan (if applicable)
E.   institutional responsibilities and agreements
VIII.     Recommendations
     A.   list of resolved issues
B.   list of partially resolved issues
C.   new issues arising from the IEE that have been resolved
IX.  Bibliography/References

Attachments or Annexes

�    List of EIS Preparers with specified field of expertise
�    Original Sworn Accountability Statement of Key IEE
Consultants
�    Original Sworn Accountability Statement of Proponent
�    Process Documentation Report
�    Maps/photos/plates/diagrams/sketches

     The  outline for an IEE is similar to that of an EIS  except
     for the depth and detail of discussion.  The IEE is intended
     as  a tool to determine the need for further studies such as
     those  undertaken in the preparation of an EIS. Furthermore,
     IEE are generally prepared based on secondary data.
     
     The  annotated  outline is not applicable  for  projects  or
     activities where an IEE Report Checklist is available.
     
     

Section 20.0 of Article III.  Initial Review of IEE Document

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

�    The  Screening  Officer  of the DENR  RO  (EMPAS)  shall  be
     responsible for the procedural review of the IEE 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 IEE study, the proponent shall submit
          one (1) set of IEE document for procedural review by the DENR RO
          (EMPAS) concerned.
     
     2.   Upon receipt of the IEE 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.
     
          Immediate   determination  shall  mean  completion   of
          Procedural  Review not later than two (2)  working  day
          after submission.
     
     3.   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 a check/tick
               mark under the NOT APPLICABLE column, the basis or justification
               shall be cited under the REMARKS column.
          
          �    If the IEE 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 IEE documents shall be returned
               to the proponent for revision and/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 and/or adequacy  of  the
               information contained in the IEE.  No final judgement
               shall  be made on the accuracy or adequacy of  the
               information in the IEE.
     
     4.   If the IEE document has complied with all the requirements
          prescribed in the checklist, the proponent shall submit ten (10)
          copies of the documents.
     
          The  proponent  shall  pay the  necessary  amount  (see
          Chater  11)  before submitting the required  number  of
          copies to the EMPAS of the DENR RO concerned.
     
     In  the  case  of  IEE  Report  Checklist  submissions,  the
     determination  of  its  completeness  will  be  on  insuring
     that   all   questions,  matrix  or   checklist   had   been
     answered.

     All  IEE  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 21.0 of Article III:  Substantive Review by the EMPAS

     Within 15 days from the date of submission, the EMPAS  shall
conduct  substantive  review of the IEE in  accordance  with  the
review  criteria  set  forth in the EIS Procedural  Manual.   The
EMPAS  shall  validate the IEE through methods deemed appropriate
such  as,  but  not limited to, ocular, inspections/site  visits,
studies conducted by experts and relevant institutions and  shall
consider  the  process documentation report in the validation  of
the  IEE.  The  EMPAS shall endeavor to complete the  substantive
review of the IEE within 30 days from receipt thereof.


NOTES:
     
     The  EMPAS  shall  evaluate the IEE document  based  on  its
     compliance  to  the  review  criterion  contained   in   the
     Substantial  Review Checklist (Annex 6-C).  The EMPAS  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 prescribed
       outline and checklist.
     
     �    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 the
       conformity of the IEE document to technical standards and/or
       mechanisms of implementation
     
     �    accuracy and precision in information or assessment - this
       will be gauged in terms of the adherence of the IEE document to
       the standard method of data gathering, modelling and analysis
       selected
     
     �    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 IEE will contradict
       another statement within the document.
     
     �    responsiveness - this will be measured in terms of how the
       document addressed valid issues and concerns of stakeholders and
       other interested parties
     
     The  EMPAS, in the course of substantial review, may  employ
     methods such as the following:
     
     �    Site visits or occular inspections including walk-throughs
�    conduct additional samples or studies to validate some
technical parameters or information.
�    informal consultations to validate socioeconomic impacts and
social acceptability.
     
     The DENR-RO may utilize the PENRO or CENRO in the conduct of
     a  site  visit  by notifying it and requiring a  report  (or
     feedback),  in  writing,  on any findings  relative  to  the
     specific areas to be validated.  The PENRO or CENRO  submits
     the findings to the DENR-RO and the EMPAS determines whether
     the  inspection warrants additional information,  a  revised
     IEE submission, or no action at all.
     
     The  EMPAS, depending on the magnitude and complexity of the
     project,  may assign the substantive review to an individual
     or convene a technical committee for such purposes.
     
     Based  on  Section  21  of Article  III,  the  EMPAS  should
     endeavor  to  complete the substantive review within  thirty
     (30)  days.   In  order  to fulfill the  intention  of  this
     section, the following approaches or mode of implementations
     shall be adopted whenever practical and appropriate:
     
     �    The  EMPAS, as deemed necessary, may recommend a public
          consultation to be conducted to collect public comment on the
          proposed project or validate social acceptability.
     
                      The EMPAS shall be responsible for documenting the
                 entire review process.  The meetings should be recorded
                 on tape for transcription.
     
     �    The EMPAS compiles the written comments or clarifications
          arising from the evaluation, including those from the validation
          and public consultation.  A request in writing will be made to
          the proponent to address the comments and provide additional
          information to adequately evaluate the project.  If the
          information required are not very substantive and clarificatory
          in nature, the EMPAS may just arrange for a meeting with the
          proponent to answer questions and clarify matters verbally.
          
                   Additional informations requirement are intended to
                 provide elaborations or clarifications of some
                 aspects of the EIA Study.  Normally, a request for
                 additional information is only done once.  Should
                 additional AI be necessary, the reviewer should
                 first obtain the concurrence of the RTD-EMPAS.
     
     
     
     Section 22.0 of Article III:  EMPAS Report
     
           Within  15  days from completion of review,  including
     public consultations and hearings, the EMPAS shall submit  a
     report to the RED.  The EMPAS may recommend the issuance  or
     non-issuance  of  the ECC, or the preparation  of  the  EIS.
     Should  the  EMPAS recommend the issuance of  the  ECC,  the
     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  EMPAS
     through  the  RTD-EMPAS submits a report  to the  RED.   The
     report shall contain the results of the review or evaluation
     and  the EMPAS�s recommendation with respect to the issuance
     or   non-issuance  of  an  ECC  including  the   appropriate
     conditions, or the preparation of an EIS.
     
     The  EMPAS�  recommendation will be  carefully  weighed  and
     guided by the following considerations:
     
     �    Is the project explicitly or implicitly within the priority
       of the LGUs for the area�s development?
�    Is it compatible with the municipal/provincial/regional
framework plan, regional/local investment plan and other approved
development plans affecting the project area and its larger
environment?
�    Is it compatible with existing or proposed environmental and
resource management plans for the area?
�    Is it consistent with locally enacted laws or ordinances?
�    Will the social benefits far outweigh the negative
environmental impacts the project will create?
�    Are there new information obtained by the EMPAS, such as
position papers or letters from stakeholders and other external
sources or influence groups, in support or against the project?
  
    If  the  EMPAS finds that the IEE has substantially addressed
     all  the significant impacts and relevant issues by  way  of
     mitigation and enhancement measures, it shall recommend  the
     issuance  of  the  ECC. The report shall include  a  summary
     description  of  the project or undertaking  presenting  the
     following:
  
          �    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;
�    EMPAS evaluation of 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  RTD-EMPAS shall prepare, together with the ECC issuance
     recommendation,  the  ECC document.  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
     
     If it has been determined by the EMPAS that some significant
     impacts  have  not  been  resolved  by  the  IEE  and   that
     additional studies would be needed to fully address them, an
     EIS  will be recommended for the proposed project. The  RTD-
     EMPAS shall prepare the justification for the recommendation
     together  with  a  draft  letter of  notification  for   the
     proponent to prepare and submit an EIS.
          
          
          
     An EIS may be recommended in the following instances:
          
          �    significant environmental impacts have not been adequately
            addressed by proposed mitigation and enhancement measures
�    strong public opposition or low social acceptability
�    high public risk
�    use of highly pollutive substances producing toxic/hazardous
wastes
�    significant socio-cultural impacts
          
     If  the  IEE has been evaluated as not having satisfied  the
     substantive requirements, the EMPAS may recommend the denial
     of  ECC.  In  case  of  an  ECC denial  recommendation,  the
     following will be contained in the report to the RED:
          
          �    identification of specific issues and comments that have not
            been satisfied by the proponent; and
�    draft letter to inform proponent of ECC denial.
     
     The 15-day timeframe for the EMPAS Report submission include
     the time necessary for the RTD-EMPAS concerned to review and
     evaluate  the EIARC Report and other supporting or pertinent
     documents.
     
     
     
Section 23.0 of Article III:  Decision on the IEE

      Within 15 days from the receipt of the EMPAS report, unless
circumstances warrant a longer period of time, the RED may:

          a.   either grant or deny the issuance of the ECC; or
b.   decide that an EIS is further required, in which case he or
she shall inform the proponent of such decision.


NOTES:

     The EMPAS report is submitted to the RED for final decision.
     The RED reviews and evaluates the report or recommendations.
     The  RED may follow or disregard the recommendation  of  the
     EMPAS  depending on his evaluation of larger  concerns  that
     may  have  implications  on  the  social  and  environmental
     context   relative to the judicious utilization, development
     and conservation of the country�s natural resources.
     
     The RED will make a decision within 15 days from receipt  of
     the  EMPAS  report, unless circumstances  warrant  a  longer
     period, to:
     
          �    either grant or deny the issuance of the ECC; or
�    decide that an EIS is further required.
     
     A  letter will be sent to the proponent informing it of  the
     RED�s decision.  If ECC is granted, the same shall be issued
     to  the proponent copy furnished the concerned PENRO, CENRO,
     LGUs and other institutions.  (see Chapter 5 for details  on
     release or transmittal of ECC).
     
     If  the  RED decides that an EIS is required, the  proponent
     will  be  informed of the decision in writing. The RED  will
     then determine the following:
     
          �    whether the IEE process was sufficient for scoping purposes
            or not.
          
          �    If the RED deems a new scoping is necessary, the guidelines
            for formal scoping as outlined in Chapter 4 shall apply. The
            responsibilities for scoping would be lodged to the EMPAS and the
            Regional EIARC to be constituted for the project.
          
          �    If the RED decides to forego scoping, the IEE serves as the
            scoping report.  The proponent however, may at his discretion,
            volunteer to go through the formal scoping process.
          
          �     The EIS process and content shall follow the same
            requirements provided for in the EIS procedural flow discussed in
            Chapter 5.
     
     In  situations  where the RED is unable  to  constitute  the
     regional EIARC because of limited number of persons who  are
     willing and technically capable to serve as members, or  for
     other  compelling reasons, the RED may seek assistance  from
     the  EMB.   The EMB can lend technical support by  accessing
     its pool of reviewers to assist the Regional EIARC.
     
     As  soon  as the Regional EIARC is convened, the  RED  shall
     endorse  the  EIS  to them for the substantive  review.  EMB
     shall  closely coordinate with  the DENR RO for   processing
     of EIS on projects in ECAs.
     
     
     
     
     
     
Section 24.0 of Article III:  Issuance of ECC pursuant to Section
                         23, Artilce III

      In  granting  or denying the issuance of the ECC,  the  RED
shall  take  into  account  the  social  and  environmental  cost
implications  relative to the judicious utilization,  development
and conservation of the country�s natural resources.

                              x x x

Section 31.0 of Article III:  Issuance of ECC pursuant to Section
                         30, Artilce III

      Within  15 days from receipt of the Regional EIARC  Report,
unless  circumstances  warrants a longer period,  the  RED  shall
either  grant  or deny the issuance of an ECC.   In  granting  or
denying  the issuance of the ECC, the RED 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 RED  includes
     the time necessary for the requisites 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 32.0 of Article III:  Transmittal of ECCs Issued Pursuant
                         to Section2 29.0 and 30.0, Article III

     In the event that an ECC is issued pursuant to Sections 29.0
or  30.0,  Article  III,  the  RED provide  the  Offices  of  the
Undersecretary handling the environment, the EMB,  PENRO,  CENRO,
and the Municipality/City Mayor a copy of the ECC within ten (10)
days from the date of such issuance.


NOTES:

     The  ECC  and other pertinent documents shall be transmitted
     to the RTD-EMPAS by the RED 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 or EMF before the release of the ECC.
     
     Before  the  release of any ECC, the RTD-EMPAS shall  number
     the  ECC  in  accordance with the prescribed  format.   (see
     Chapter 8 for more details)
     
                      ECC without the requisite numbers of 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:
     
          �    Office of the Undersecretary for Environment and Programs
            Development
�    Office of the Director, Environmental Management Bureau with
copy furnished to the Chief, EIA Division
�    PENRO(s) concerned
�    CENRO(s) concerned
�    LGU(s) concerned (Municipality/City Mayors and Provincial
Governnor, whenever applicable)
     
 



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