It’s an acronym you hear all the time in the news.

Public Works Secretary Vince Dizon said no flood control project will proceed without an ECC. Monterrazas de Cebu violated conditions in its ECC, the environment department found. In Padre Faura early November, climate advocates called out the lack of transparency on environmental documents — including the ECC — of certain projects.

What’s an ECC anyway and why is it important? Who gets one and how?

The process in a glance: The ECC is short for “environmental compliance certificate.” A project proponent gets one after conducting an environmental impact assessment (EIA).

This process is known as the Philippine Environmental Impact Statement (EIS) System, established under Presidential Decree 1586 in 1978.

What’s the system for? The EIS system sought to reconcile the potential environmental degradation that comes with infrastructure and industry development.

Getting an ECC

A project proponent needs to successfully complete an environmental impact assessment or EIA first. This is a study that evaluates how a project will affect the environment from construction to abandonment, and identifies mitigating measures.

Early on, the proponent should present an overview of the project and the assessment to affected communities and interested parties. This stage is called public scoping. The Environment Management Bureau of the Department of Environment and Natural Resources (EMB-DENR) issues a notice of public scoping so concerned sectors are aware and can participate in this activity. The general public is welcome to attend this program.

The scoping phase becomes a source of dispute when affected communities complain of not getting any notice or when they are given incomplete information. But even before the scoping, the DENR says proponents should already be conducting information and education campaigns.

Among those that should be included in this engagement: local government units, concerned government agencies, civil society groups, households and businesses, indigenous populations, and local institutions.

Upon completion of the assessment, the proponent comes up with a report.

The DENR checks the report and upon “positive review,” they issue an ECC. The ECC outlines the proponent’s commitments to comply with environmental regulations. Its validity is good for five years. Proponents should request for extension three months before expiry.

Once the proponents obtain the ECC, they can then apply for other necessary permits from other government agencies. That’s when they can proceed to the next phases of project implementation.

The DENR has repeatedly clarified that the ECC is not a permit, despite the document being a prerequisite for other permits.

How many are there?

As of June 30, the Environment Management Bureau issued a total of 447 ECCs for environmentally critical projects across the Philippines.

Only environmentally critical projects, listed under Presidential Proclamation 2146, are required to get an ECC. These are projects that have high potential of incurring damage to the environment.

Here’s the breakdown per industry:

• Heavy industries: 69 projects
• Resource extractive industries: 173 projects
• Infrastructure projects: 169 projects
• Golf course projects: 36 projects

Calabarzon has 84 most environmentally critical projects with ECCs issued, the region with the most number. It’s followed by Central Luzon with 76 projects and Caraga with 53 projects.

Projects in Calabarzon include quarry and reclamation projects, coal and liquified natural gas plants, Kaliwa Dam, hydro and offshore wind projects.

Some may not be identified as environmentally critical projects but are located in environmentally critical areas (also identified in PP2146). These projects would still require ECCs before they proceed. Areas include national parks, wildlife reserves, habitats of endangered flora and fauna, settlements of cultural communities.

Then there are projects not identified as environmentally critical under the law or are not located in critical areas. These are required to get a certificate of non-coverage (or an exemption to the requirement of getting an ECC).

Transparency issues around the ECC – and the whole system

Recently a policy and advocacy group urged the Supreme Court to declare as void the DENR’s freedom of information policy. The petitioners, Legal Rights and Natural Resources Center, called the policy “restrictive.”

In the petition, LRC said they requested environmental documents of the Tampakan mining project in South Cotabato. These documents include Tampakan’s conditional environmental compliance certificate.

The group wanted to check the legal and environmental compliance of what’s said to be one of the largest copper mines in the world — once it operates.

“As [the Tampakan mine] would directly affect thousands, if not millions, of Filipinos, the public certainly has the right to know the terms granted to the mining company in its financial or technical assistance agreement,” said Marbel Bishop Cerilo Casicas, a petitioner alongside the group.

Rolly Peoro, legal services coordinator of LRC, said the DENR’s denials of their requests for these documents are “clearly a grave abuse of discretion.” – Rappler.com