In case of any needed revisions to an existing Environmental Compliance Certificate (ECC), an ECC amendment must be submitted. Depending on the changes needed, the ECC amendment can be classified as minor or major. Minor amendments typically include typographical errors, deadline extensions, decrease in project area or production capacity, or change in company name (Table 1). Conversely, major amendments include project expansions, changes in processes or technology, addition of new products, and the like (Table 1). Major and minor amendments have different processes and timelines (Table 2).
In addition, the DENR-EMB may require additional data gathering, impact assessment, and management plans to be developed to address the changes that are being made. This is handled on a case-to-case basis, with the DENR-EMB giving their requirements only after an official request for amendment is made with all the relevant changes clearly and completely outlined.
For operational projects, the ECC amendment can be done at any time. However, for projects that have not yet started, an ECC amendment may only be done within three (3) years of the ECC issuance.
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Table 1. ECC Amendment Classifications
|Minor Amendments 1
|1. Typographical error
2. Extension of deadlines for submission of post-ECC requirement/s
3. Extension of ECC validity 2
4. Change in company name/ownership
5. Decrease in land/project area or production capacity
|Major Amendments 1
|1. Expansion of project area within catchment described in EIA
2. Increase in production capacity or auxiliary component of the original project
3. Change/s in process flow or technology
4. Addition of new product Integration of ECCs for similar or dissimilar but contiguous projects 3
5. Revision/Reformatting of ECC Conditions
1 Other amendments deemed as “minor” or “major” are at the discretion of the EMB Central/Regional Office Director.
2 In the case of request/s for extension of ECC validity for projects not started within 5 years from its date of issuance, the burden of proof is with the Proponent to substantiate that there is no significant deviations or changes in the baseline characteristics of the project site. In case the baseline characteristics have changed to such degrees that the impact assessment (as embodied in the EMP) is no longer appropriate, the EMB office concerned shall require the Proponent to submit a new application. The request for extension should be filed at least three (3) months before the expiration of the ECC validity
3 This is the proponent’s option and not EMB’s
Table 2. ECC Amendment Process
|1. Submit a letter request for ECC amendment to the ECC endorsing DENR- EMB office. Include data/information, reports or documents to substantiate the requested revisions
2. Minor amendments will be evaluated by a case handler.
|Maximum Processing Time to Issuance of Decision:
EMB Central Office – 7 work days
EMB Regional Office – 7 work days
|1. Submit a letter request for ECC amendment to the ECC endorsing DENR-EMB office. Include data/information, reports or documents to substantiate the requested revisions
2. For projects that have started implementation, other documents such as an EPRMP or PEPRMP may be requested to support the letter request. Note that for operating projects, the appropriate document it not an EIS but an EIA Report incorporating the project’s historical environmental performance and its current EMP, subject to other specific documentary requirements dependent on the modification.
3. Depending on the modification, major amendments may be evaluated by a case handler or a technical review committee.
| Maximum Processing Time to Issuance of Decision:
Central Office PEPRMP – 120 work days
Central Office EPRMP – 90 work days
Regional Office PEPRMP – 60 work days
Regional Office EPRMP – 30 work days
Reference:DAO 2003-30 http://eia.emb.gov.ph/wp-content/uploads/2016/06/Revised-Procedural-Manual-DAO-03-30.pdf