Principle 5: Monitoring and evaluating performance

Public Disclosure of Industrial Pollution in Indonesia

Date posted: 
Feb 26 2010

The Public Disclosure of Industrial Pollution (PROPER) approach in Indonesia aims at reducing industrial pollution via public disclosure. It was developed and tested by the country’s National Pollution Control Agency (BAPEDAL) together with the World Bank.

Responsible Party: 
Enforcement Agency
I. Objectives or Impact: 

The Public Disclosure of Industrial Pollution (PROPER) approach in Indonesia aims at reducing industrial pollution via public disclosure. It was developed and tested by the country’s National Pollution Control Agency (BAPEDAL) together with the World Bank. A major problem in regulating pollution is that companies, compared with regulators and government agencies, will have more information in terms of the level of pollution generated, their capacity to reduce pollution, and the actual effort they exert in reduction. The PROPER program addresses this problem by encouraging companies to self-report, and eventually comply with standards by using non-regulatory channels like public and social recognition of exerted efforts on pollution reduction, In the PROPER program, the incentive of attaining recognition and avoidance of disgrace is great since dissemination of environmental performance rating conducted at the national level.

 

II. Description of the Good Practice (Outputs): 

During its inception in 1995, the program targeted major industrial water polluters.  It utilized a five-color scale to grade the environment performance of different facilities.  It initially handled 187 plants, which included medium and large-scale polluters, from several river basins in the islands of Sumatra, Java, and Kalimatan.  By 1998, the coverage was extended to 350 factories belonging to 28 sectors, situated in 14 provinces.

The program was temporarily halted during the Asian Crisis (1998-2001) due to the economic and political crisis experienced by the country.    However, it was re-instituted in 2002 and provided a more comprehensive assessment process for companies.  It then included air pollution control, hazardous and toxic waste management, and the implementation of Environmental Impact Assessment (AMDAL). By 2004, the number of participating companies increased to 251.  Around 1750 companies are expected to participate in 2009.

The PROPER program banks on the principle that citizens have the right to know about pollution control efforts and performance of companies.  It was designed in such a way that it is understandable by the public and at the same time still conveys enough information to influence compliance.  Therefore, it was recognized on set that an index indicating non-compliance or compliance would not do justice on the efforts exerted by the companies nor elicit community interest. 

For the PROPER program, a color-coded (gold, green, blue, red, and black) rating system was developed to grade factories’ performance against set benchmarks.  The color corresponds to the different levels of performance in pollution control.  The gold rating represents excellent performance in pollution control while the black rating relates to poor performance level.  Through public disclosure, companies garnering gold or green ratings are expected to get community support and praise.

PROPER proves to be cost-effective, with low transaction costs by mobilizing external agencies for support.  Interestingly, via the disclosure system and public inquiry, BAPEDAL was motivated to enhance its technical capability.  This resulted to both encouragement of the use of cleaner technology by companies and improvement of data collection and analysis capability of the responsible government agency.

III. Outcomes or Results: 

From a recent study made by the Resources for the Future, it was found out that there was a strong and positive response to the disclosure scheme. More importantly, firms with poor prior environment compliance records displayed intensive reduction in emissions (approximately by one-third). Also, the response made was immediate and consistent, as displayed by pursuit of further reductions in the succeeding months.

Two years after the after the program was launched (June 1995 to March 1997), the compliance level of the pilot program factories increased from 35 to 51%.  The program also contributed to voluntary participation by factories in conducting compliance ratings. 

 

IV. Essential Elements for Success: 

(not applicable)

A. Policy Framework: 

The success of prior programs like ADIPURA (President’s award for cleanest cities) and PROKASIH (wastewater management) gave credibility to the government’s ability to implement an environment performance rating system. The PROPER became an alternative compliance instrument that is aligned with existing regulatory and monitoring activities. The PROPER program relies on the existence of other laws and regulatory efforts on pollution reduction, particularly on water pollution and control of industrial wastewater. The Presidential Decree PP /20/1990 and Ministerial Degree KEP/MEN/03/1991clearly stipulates activities supportive of PROPER, namely: (1) sampling and effluent analyses (at least once a month), (2) installation of flow meter, (3) reporting true values of pollution, and (4) effluent charges. Also, national regulations require polluters to self-monitor and report on a monthly basis.

B. Budgetary and Financial Requirements: 

(not applicable)

C. Human Resources: 

The public disclosure process of PROPER involves three distinct steps: (1) data collection and verification from different sources at participating plants, (2) data analysis, (3) assignment of ratings and public disclosure. The performance ratings includes the following steps: (1) selection of polluters, (2) gathering data through mail surveys, (3) verification and inspection, (4) development of a pollution data base, (5) data analysis, (6) data verification, (7) obtaining of rating and subsequent approval, (8) reporting of results to the President, and (9) release of information to the public. Overall, the entire data collection and rating process goes through a strict channel and scrutiny to avoid errors. This requires people adept in both data handling and analysis. Also, the program needs a large manpower, able to organize even up the local level, to collect data.

D. Material Resources: 

Disclosure schemes are perceived to be cheaper and less complex. However, as the scope of sector and location increases, it can be very information-intensive. Data need to be regularly collected and properly analyzed to ascertain that emission reduction is indeed a result of the program and not a mere trend (e.g. reduction would have occurred even without the program). The PROPER program requires a tight data collection, monitoring, analysis, and disclosure system. It requires the availability of testing laboratories, monitoring system, and reliable database. In particular, the key to the assessment in PROPER is based on the database system which allows simultaneous comparison of results from existing sources (self-reported, PROPER, PROKASHI). With the database, PROPER is able to do the following analysis: (1) correlation analysis of pollution levels, (2) trend analysis of pollution, (3) other regression analysis on effluent and characteristics of the treatment systems and production processes.

E. Institutional Support: 

The system requires support from the regulated sector (industrial sector). Participation for PROPER was compulsory for selected firms. However, it also contained provisions for “opt-ins”. In the case of Indonesia, the government agency went to a great deal not to alienate or provoke the industry. This required from the regulatory agency the provision of accurate and timely advice about what firms can do to improve their ratings. There was also heavy use of media strategy in the release of information and other aspects of public relations related to the program. The implementation of the program is successful due to the garnered political support, community willingness to participate, and building of experience from the PROKASHI initiative.

F. Planning, Scheduling or Sequencing of Activities: 

(not applicable)

V. Further Information: 

Contact Person: The Ministry of Environment, Republic of Indonesia (proper@menlh.go.id), C Building - 2nd Floor, Jalan D.I. Panjaitan Kav. 24 Jakarta 13410 – Indonesia, Telp/Fax : +6221-8518423, +6221-85905639

Lopez, Jorge Garcia, Thomas Sterner, and Shakeb Afsah. Public Disclosure of Industrial Pollution: the PROPER Approach for Indonesia?. October 2004, Discussion Paper 04-34. Resources for the Future. Washington D.C.

PROPER: The Company’s Environmental Performance Rating Program (http://www.menlh.go.id/proper/proper%20baru/Eng-Index.html)

What is PROPER? Reputational Incentives for Pollution Control in Indonesia (http://www.performeks.com/media/downloads/what%20is%20proper.pdf)

Re-Evaluating and Continuous Assessment of Biodiversity Issues and the EIA: The Case of Vietnam

Date posted: 
Nov 20 2009

The Environment Impact Assessment is ideally an integral component of a project's planning process. It identifies potential risks given the present scenario and the perceived impact of the project's activities. Given this, the EIA gives recommendations given the set of information available during the time of the assessment. However, once the project takes place, a review of the EIA is seldom made. There is a need to revisit the EIA especially if perceived environment conditions change.

Responsible Party: 
Enforcement Agency
I. Objectives or Impact: 

There is a tendency for the Environment Impact Assessment (EIA) process to focus primarily on technical aspects (e.g. pollution created, emission). However, the process sometimes misses on actual environment concerns will surely be affected by the project, like relocation or biodiversity. Worse, concerns on economic development often takes the prime seat while issues related with conservation and biodiversity are placed aside. The problem is that environmental damages might prove to be irreversible. Also, biodiversity issues that seem to be trivial at initial glance might become big risks as an economic activity or project progresses. The case of cement manufacturing in Ha Tien Plane in Vietnam, a critical ecosystem, displayed the need to continually assess impacts of economic activities on biodiversity. A change in the treatment of the EIA, from being a mere procedural step in project implementation to a guide that advises and gives warning to potential impacts, is highlighted.

II. Description of the Good Practice (Outputs): 

A Swiss-based cement company, Holcim, approached the International Finance Corporation (IFC) about a proposed greenfield cement plant in Hon Chong in 1993. Around that time, Vietnam was experiencing economic growth, and was opening its country to foreign investment. Specifically in the cement industry, the supply of cement from two initial operators was already being overtaken by demand. The proposed site of Holcim was highly scenic, which actually supports tourism activities. However, the view then was that the area appeared to be unproductive. In fact, the site did not appear to meet the IFC’s natural habitat standard. Interestingly, the initial EIA undertaken for the proposed cement factory noted that there is little wildlife in the area and lack of birdlife. The EIA also focused on technical issues (e.g. emission), with modest attention to biodiversity. Issues on biodiversity were raised but it was concluded that the need for cement was of prime importance relative to conservation. With the operation of the cement plant, it was realized that construction and related costs were higher than expected. Also, the production volumes were lower compared with the projected volumes. At the same time, the Asian Crisis halted the growth of the cement industry. Around that time as well, stakeholders slowly learned and realized the biological value of the affected area. Simultaneous with the cement plant’s operation, the IFC revisited the adequacy of the earlier EIA. It was learned that the landscape of the area is one of the world’s most threatened karst landscape. The biodiversity value of the area also changed due to what was happening in the other parts of the region. Grassland habitats were lost throughout the region due to the expansion of shrimp farming and rice cultivation. As grasslands slowly disappear in other areas, the endangered Eastern Sarus Crane (the world’s tallest flying bird), congregated in larger numbers in other areas, specifically the Holcim Vietnam site.

III. Outcomes or Results: 

Given the “change” in the biodiversity value of the site, Holcim and the government were placed in a predicament. The government’s priority was still economic development. At the same time, Holcim holds mineral rights on the limestone of the site. In 1999, the IFC commissioned a biodiversity assessment of the site, and the entire Hon Chong region. The assessment recognized the need for an integrated conservation initiative, encompassing the adjoining limestone, wetland, and sandstone. Though Holcim recognized that the concern is region-wide and not limited to its site, it realized that its corporate image could be affected. The biodiversity issues that emerged prompted Holcim Vietnam and the IFC to form a partnership with the International Crane Organization. Their primary aim was to demonstrate that maintaining the natural habitat could be more economically valuable than pursuing competing activities like shrimp and rice cultivation. An area (Phu My) was finally identified as an area for conservation management. It showed to be economically viable for the area. Other small-scale industries from conservation management also emerged like handicrats-making. The development of the area won the financial support from the World Bank Development Marketplace. Local government support is also strong for the conservation management efforts in the area. The linkage between IFC and the Industrial Bank started in 2004, with the IFC’s initial investment of US$ 52 million on the bank. The first-phase of the risk-sharing arrangement in 2006 made possible the creation of a facility that has been used to leverage a portfolio of US$ 65.7 million of energy efficiency equipment and project loans for small and medium-scale projects. Projects typically pursued were industrial boiler retrofitting, wasted heat recovery, co- and tri-generation projects for district heating, power saving, and optimization of industrial energy use. The initial efforts of the IFC and Industrial Bank attracted two prominent international co-investors, namely the Hang Seng Bank of Hong Kong and Singapore’s GIC Special Investments. In March 2008, participating banks in the CHUEE program approved 70 energy efficiency loans, with a loan portfolio of US$ 243 million. Interestingly, projects financed by the loans contribute to a net annual reduction of greenhouse gases of 4.3 million tons.

A. Policy Framework: 

There is a strong need to review how the EIA is conducted, particularly on the issue of securing commitment to the measures prescribed by the EIA. Also, regulatory and implementation polices that make the review of EIAs possible should be in place, with the fact that economic activities can surely have unforeseen impacts.

B. Budgetary and Financial Requirements: 

The concerned government agency needs to set up a fund that will finance regular review of selected EIAs, particularly large-scale and huge-impact projects.

C. Human Resources: 

There is a need to have a strong monitoring staff that traces whether the stakeholders comply with the measures identified by the EIA and the commitments given by respective parties. Also, given that economic activity could have irreversible consequences, the environment agency should have skills that would allow them to take preventive actions.

D. Material Resources: 

Given that a preventive action is the ideal stance, resources that would enable the regulator to track commitments and performance are necessary. A sole unit, equipped with a good data base system, is required in tracking industry actions.

E. Institutional Support: 

Partnerships with the local government and other stakeholders (NGOs, civic groups) are required to continuously keep track of biodiversity concerns. In the case of Holcim, the clamor for a review of the EIA came from the scientific community.

On-line Posting of the Transporter Capabilities in the Philippines

Date posted: 
Nov 13 2008

The main objective is to drive out of business unscrupulous Toxic and Hazardous Wastes (THW) transporters with fake or expired licenses.

Responsible Party: 
Enforcement Agency
I. Objectives or Impact: 

The main objective is to drive out of business unscrupulous Toxic and Hazardous Wastes (THW) transporters with fake or expired licenses.

Sector/subsector:

The good practice addresses the transport and movement of THW, minimize potential accidents from THW, and reduce the quantity of illegally dumped in the environment, and discourage illegal recovery and re-use of dumped THW.

II. Description of the Good Practice (Outputs): 

Transporters of THW are required to undergo training on the documentation, emergency procedures and impacts of various THW on human health and the environment. The trucks for hauling must be provided with first aid facilities, equipment and chemicals necessary for clean up in case of emergencies, and special signage identifying the type, quantity, nature , first aid and emergency procedures. Due to stringent licensing requirements, a number of THW transporters with fake or expired licenses proliferate in the market THW transporters with fake manifest are also common.

The capability of THW transporters, the expiration dates, truck fleet, licensed drivers and personnel are posted in the internet. The administrative procedure was also revised, putting on the THW the responsibility of consulting the Environment Management Bureau website to check the validity of the THW transporter license , the capabilities and limitations imposed on the license and the responsible person to contact to prevent third parties from using another transporter’s license. The THW generator is equally responsible with the illegal THW transporter.

III. Outcomes or Results: 

Within 30 days after the new regulations and website was available, more than 100 new applications or renewal of THW transporter license were received and an unknown number of illegal transporter went out of business.

IV. Essential Elements for Success: 

Policy Framework: Enabling Policy, Regulation, Inter-agency/Multiparty Agreements

The Administrative Order governing the responsibility of the THW generator during transport was modified to make them equally responsible if the THW transporter is unlicensed. Prior to this amendment, the THW generator could claim that he had been tricked into believing that the THW transporter is duly licensed and even goes to provide a copy of the fake license provided by the transporter with the authority to transport the THW. An additional copy of theTHW transporter permit is submitted to the IT unit for posting in the webpage.

Human Resources and Skills

The main personnel skill required is knowledge to update the webpage periodically.
Material and Resources

Computer, webpage and server.

Institutional Support

The server was provided by a World Bank grant.

V. Further Information: 

References and Publications:

Revised guidelines for the licensing of THW transporters
http://www.emb.gov.ph

Tracking of Toxic and Hazardous Waste (THW) Movement in the Philippines

Date posted: 
Nov 13 2008

The movement of THW is controlled by a manifest system that was developed in 1993. This is the time when the information technology revolution was just starting. The objective of the practice is to upgrade the manifest system used in tracking the THW movement by means of the electronic mail system.

Responsible Party: 
Enforcement Agency
I. Objectives or Impact: 

The movement of THW is controlled by a manifest system that was developed in 1993. This is the time when the information technology revolution was just starting. The objective of the practice is to upgrade the manifest system used in tracking the THW movement by means of the electronic mail system.

Sector/subsector:

The practice covers THW from the generation, transport and acceptance at the THW treatment and/or storage facility.

II. Description of the Good Practice (Outputs): 

The previous practice requires the THW transporter to apply for authority to move the wastes from the generator to the THW storage and/or treatment facility. Manifest form is issued with the authority to transport; designating the route and approximate time it will pass a particular route and acceptance by the THW storage and/or treatment facility. The THW transporter mails the acceptance by the THW storage and/or treatment facility and declaration on the route used and time. Given the previous practice, the filled forms sometimes arrive at the regional office one month after posting, especially if the regional office and the THW storage and/or disposal facility is not served by regular air carrier. By the time it reaches the regional offices, the manifest has lost it purpose unless there was an accident or the THW facility was caught disposing improperly disposing the wastes.

With the new practice, the manifest is encoded electronically and the THW transporter submits the manifest electronically within 48 hours after the expected delivery of the THW. If the THW transporter does not report within 48 hours, its license is considered to be under review and properly reflected in the environmental management webpage for accredited THW transporter. Automatically, a message is transmitted for the THW storage and/or disposal facility to acknowledge having received the particular wastes and undertaking to notify the regional of its disposal, treatment, export or storage.

III. Outcomes or Results: 

The electronic reporting provides timely tracking of the THW movement and prevents the illegal disposal by THW transporter of the wastes or diversion of the wastes to unauthorized THW storage and/or treatment facility especially for THW with potent reuse and recover value.

IV. Essential Elements for Success: 

Policy Framework: Enabling Policy, Regulation, Inter-agency/Multiparty Agreements

The administrative order governing the transport, manifest system and movement of THW has to be modified to incorporate the electronic reporting of the movement of THW as well as the penalty for late reporting, potential lose of customer when the license are considered under review for late reporting.

Human Resources and Skills

The practice requires a data encoder to update the status of the manifest and a website manager to authorize the posting of THW transporter license for late reporting.

Material and Resources

The practice requires a server, computers , internet connection, and software.

Institutional Support

The software was developed under a UNDP grant and the server was provided by the World Bank grant.

V. Further Information: 

References and Publications:

Simplifying the Environment Impact Assessment (EIA) Procedures in the Philippines

Date posted: 
Dec 12 2009

The practice is an on-going and continuous process to stream line and simplify the conduct of Environmental Impact Assessment (EIA) procedures.

Responsible Party: 
Enforcement Agency
I. Objectives or Impact: 

The practice is an on-going and continuous process to stream line and simplify the conduct of Environmental Impact Assessment (EIA) procedures. Sector/subsector: The practice covers environmentally critical projects as well as non-environmentally critical projects located in environmentally critical areas.

II. Description of the Good Practice (Outputs): 

The EIA is primarily a planning tool. On the other hand, the laws on water, air, solid wastes, toxic and hazardous wastes management are regulatory tools. Aside from the environmental laws, a number of environmental concerns have been traditionally and continues to be effectively addressed by a number of government departments other than the environmental management organizations. Environmental issues are crosscutting, covering various disciplines. The main purpose of the EIA process is to identify the environmental issues and highlight those issues for consideration and incorporation by the decision makers vested with legal authority and technical skills. Other departments such as the land use planning, water resources management, forestry, fisheries, and geosciences share on the task of supervising and addressing environment concerns. These agencies can utilize various tools in their respective expertise and disciplines to do so (e.g. social sciences, engineering). However, instead of the EIA being done as early as possible in the project cycle, the EIA is evaluated and makes room for the previous approvals and decisions of the other departments. As a result the EIA has become useless and in a number of instances. Worse, it often times serves as mere rubber stamp for environmentally destructive projects by confirming the decisions made by other agencies without proper consideration of the environmental issues. In the later case, the EIA process contributes to environmental degradation rather than acting as aid for mitigation. For example, a project may have serious environmental concern. For example, land use a reclassification should not have been granted by the land-use planning agency. However, it is often the case that reclassification comes prior to the EIA evaluation. In this particular case, the EIA merely concurs with earlier decisions made by allied agencies. The EIA agency is then placed in an indecisive position. At the same time, the EIA process is blamed for delayed implementation of important projects designed to address environmental problems such as the sitting of sanitary landfill, construction of sewage treatment plants. This practice realigned the EIA process in its appropriate function in the project cycle, strengthened its role in the decision making process by dictating and highlighting the environmental concerns that other decision makers have to consider rather than the other way around. At the same time, it improves the monitoring and enforcement of the environmental concerns especially those aspects where the burden and responsibility have been placed in other governmental agencies.

III. Outcomes or Results: 

The other agencies take the responsibility of incorporating the findings of the EIA and in the process are made answerable to the public if they disregard the recommendations.

IV. Essential Elements for Success: 

Policy Framework: Enabling Policy, Regulation, Inter-agency/Multiparty Agreements

In the case of the Philippines, the EIA authority is vested on the President of the Republic. The President issued Administrative Order 42 which  clarifies and instructs that the EIA is carried out as early as possible in the project cycle. Similarly, the EIA procedures and guideline were revised to reflect the intent of AO 42. Instead of the EIA requiring prior permits and clearances, the findings of the EIA process highlights and in some instances dictates to the other agencies the important environmental concerns that they have to consider in decision-making.

Human Resources and Skills

There were no additional human resources required. However, a number of seminars and training were carried out to reverse the old practices that made the EIA process irrelevant.

Material and Resources

A number of training materials, guidebooks and information materials were made and distributed to the project proponents.

Institutional Support

The project was carried out with the support of the Asian Development Bank.

V. Further Information: 

References and Publications: AO 42 Revised EIA Guidelines

On-line Application for Certificate of Non-Coverage in the Philippines

Date posted: 
Nov 13 2008

An on-line application process facilitates the evaluation and issuance of Certificate of Non-Coverage (CNC) from the Environmental Impact Assessment (EIA) System. A considerable amount of resources are saved, both by the applicant and the concerned agency.

Responsible Party: 
Enforcement Agency
I. Objectives or Impact: 

An on-line application process facilitates the evaluation and issuance of Certificate of Non-Coverage (CNC) from the Environmental Impact Assessment (EIA) System. A considerable amount of resources are saved, both by the applicant and the concerned agency.

Sector/subsector:

Non-environmentally critical projects located in non- environmental critical areas, as defined by Presidential Decree 1586 (1978), are not covered by the environmental impact system and as such do not require the preparation of an environmental impact statement. However, a number of project lenders and businesses request for a certificate of non-coverage to establish with certainty that the project is exempted from the EIA process.

II. Description of the Good Practice (Outputs): 

The standard practice was for the project proponent or his representative to secure the forms from the nearest Environmental Management Bureau (EMB) office, fill the forms, and submit it back to the office for evaluation. The EMB office evaluates the submission and informs the project proponent within five working days of the results of the evaluation. Upon receipt of the confirmation, the project proponent pays the applicable fees and collects the CNC.

The process is time consuming especially for applicants who are located far from the EMB regional offices. This is made difficult as well since there are only 13 regional offices serving more than seventy provinces. The project proponent has to go to the regional office three times, first to get the forms, then to submit the forms, and finally to collect the CNC. In fact, the travel time and cost of travel alone could be several times more expensive than the CNC fees. Most often, the project proponent also disturbs the EMB staff from more important workload.

With the improved system, the application form is posted on the Internet. On-line, the project proponent fills it, and submits it electronically. He also submits scanned or fax copies to the concerned EMB office. If he meets all the requirements, he is asked to submit to the EMB office a certified true copy of all the supporting documents, present to the responsible EMB officer the original documents, pay the processing fees, and finally collect the CNC. If the submission is insufficient to support the application, he is informed of the deficiency through electronic mail, rather taking a trip to the EMB regional office.

III. Outcomes or Results: 

The practice reduced the cost of securing the CNC, allows more thorough evaluation of the documentation submitted by EMB staff as they are not under pressure by the presence of the project proponent or his representative who has travelled more than a 100km or so. Lastly, the electronic forms make the evaluation process more transparent, predictable, and consistent.

IV. Essential Elements for Success: 

Policy Framework: Enabling Policy, Regulation, Inter-agency/Multiparty Agreements

The Supreme Court of the Philippines clarified the coverage of the EIA system. Non-environmentally critical projects located in non-environmentally critical areas are exempted. As such the EIA guidelines were revised in August 2007 to reflect the Supreme Court Decision and streamline the implementation of the EIA system.

Human Resources and Skills

Personnel in the regional and central office were trained to retrieve and evaluate the submissions. If in doubt, the staff at the regional office could send an email and ask for assistance from the EIA central office personnel. The EIA central office staff may also refer the problem to the Director EMB for direction if clarifications on the submissions are required.

Material and Resources

A key component in the implementation is the availability of internet connection in the EMB regional offices, key municipalities and cities where most of the project proponents have their businesses. As the practice involves transmittal of scanned documents, internet dial up connection is often insufficient. For this reason, project proponents are given the option of sending the documentation through fax.

Institutional Support

The project was developed with financial support from the Asian Development Bank.

V. Further Information: 

References and Publications:

Presidential Decree 1586 (1978)
Supreme Court of the Philippines
EIA Guidelines of August 2007

Contact Persons and Address:

www.emb.gov.ph

Posting of Environmental Compliance Certificate (ECC) in the Philippines

Date posted: 
Nov 13 2008

The aim of the practice is to provide transparency, consistency and predictability of the conditions imposed on the Environmental Compliance Certificate (ECC).

Responsible Party: 
Enforcement Agency
I. Objectives or Impact: 

The aim of the practice is to provide transparency, consistency and predictability of the conditions imposed on the Environmental Compliance Certificate (ECC).

Sector/subsector:

The sector covers environmentally critical projects and/or projects located in environmentally critical areas as defined by Presidential Decree No. 1586, 1978.

II. Description of the Good Practice (Outputs): 

The Environmental Impact Assessment (EIA) is primarily a planning tool. In the development and assessment of the EIA, mitigating measures beyond the requirements of existing environmental laws are identified and ideally, the project proponent agrees to implement those measures to reduce the project environmental impacts. As the project impacts are very site- and project-design specific, the conditions imposed on the ECC varies across projects.

The ECC conditions are also affected by the personal experience, background and perceptions of the evaluation committee. It is a common concern among project proponents however, that some projects carry more stringent conditions compared to similar project of larger scale or located in more environmentally critical areas. Some ECC have conditionality beyond the control of the project proponent or may sound inappropriate.

The practice involves the posting of the ECC in the Internet. This creates an awareness for the project proponent, and even for those preparing the EIA, on the main impacts of the project, the mitigating measures to address those impacts, the local environmental conditions affecting the selection of the mitigating measures and the selection of alternatives. An on-line posting also imposes discipline in the evaluation committee from placing conditions that are inappropriate. The evaluation committee is also be guided by precedence set by previous ECC of similar or comparable projects.

The posting of the ECC in the Internet will also allow NGOs to monitor more closely compliance of projects on ECC conditions. It also enables the following: (1) how the ECC conditions fare with past conditions set by ECC of similar projects, (2) analysis on the soundness of the evaluation process, and (3) the reason for non-inclusion. It also eliminates the proliferation of fake ECC, or projects covered by the EIA processes that are being executed without an ECC.

III. Outcomes or Results: 

Initial analysis showed large variations of the ECC conditions and in a number of instances confirmed project proponent’s concern of conditions beyond the capacity of the project proponent to address or just simply silly. As a result the ECC were posted in the intranet to provide internal comparison and upgrade the evaluation process.

IV. Essential Elements for Success: 

Policy Framework: Enabling Policy, Regulation, Inter-agency/Multiparty Agreements

The practice did not require any amendment to the existing EIA guidelines. It only requires an office memorandum for the ECC from all regions to be sent to the IT unit at the central office for posting.

Human Resources and Skills

The practice requires one to two hours per day of the IT personnel to post the ECC fax or sent by email from the regional offices.

Material and Resources

The practice requires a computer, server, fax machine and telephone lines.

Institutional Support

The practice requires strong leadership and support from top management of the organization otherwise the regions are hesitant to submit the ECC they have issued on time.

V. Further Information: 

Auditing System for Toxic and Hazardous Wastes (THW) Treatment and Storage Facilities in the Philippines

Date posted: 
Nov 13 2008

THW storage and treatment facilities are periodically audited to assure that the wastes are properly stored, treated and disposed. The objective of the practice is to maintain an on-line record of the THW received, exported, treated, reused and recycled to facilitate auditing. Online and real time recording, together with the manifest system, minimizes fudging of inventory records and makes retrieval of necessary records convenient.

Responsible Party: 
Enforcement Agency
I. Objectives or Impact: 

THW storage and treatment facilities are periodically audited to assure that the wastes are properly stored, treated and disposed. The objective of the practice is to maintain an on-line record of the THW received, exported, treated, reused and recycled to facilitate auditing. Online and real time recording, together with the manifest system, minimizes fudging of inventory records and makes retrieval of necessary records convenient.

Sector/subsector:

The practice covers THW storage and treatment facilities.

II. Description of the Good Practice (Outputs): 

When the THW storage treatment facility receives the wastes, it returns a manifest confirming that it has received the wastes. Relevant data, such as the quantity and type of wastes, are automatically registered. The inventory of the facility is also automatically upgraded. The system also informs the authorities regarding outbound flows of the facility, like exporting, treatment, and selling of wastes. Similar with inbound flows, the inventory is also automatically adjusted.

At the same time, the system also recognizes tasks or flows outside the set conditions. For example, if the quantity or quality of wastes reported as being treated, re-used or recycle is outside its capabilities, a warning is flashed on the log and the inventory is not adjusted. When wastes are exported, the inventory is adjusted only when the wastes have been manifested as loaded or accepted by the shipper.

Monitoring of flows is also made easy by the system. When the inspectors audit the THW storage and/or treatment facility, a real-time inventory log guides the inspectors.

III. Outcomes or Results: 

Under the existing system, there is little guidance to the inspector on the quantity of wastes delivered, shipped out or whether the wastes are illegally dumped. Given this new system, it is difficult for the THW storage and/or disposal facility to dump the wastes as it has to account for the physical presence of the THW. One of the shortcomings of the system is that it does not differentiate treatment, reuse, and recycling of THW, with actual withdrawal and/or illegal disposal of the THW. However, this practice is a significant improvement of the existing practice.

IV. Essential Elements for Success: 

Policy Framework: Enabling Policy, Regulation, Inter-agency/Multiparty Agreements

The reporting obligations of the THW storage and/or disposal facilities were revised to reflect the record keeping and auditing requirements.

Human Resources and Skills

The system requires personnel skilled in encoding the THW delivered by the transporter. A dedicated staff is also necessary to retrieve the periodic reports on the quantity of wastes exported, treated, reused and recycled. In the case of THW recycled and reused, a staff is also needed to issue the notification to the buyer that they have purchased specific quantities and quality of materials derived from specific THW.

Material and Resources

The main requirement is an Internet connection in each of the THW storage and disposal facilities. The environmental management bureau must have a server, Internet connections and sufficient terminals for the encoding of the data.

Institutional Support

The development of the software was provided by the UNDP while the World Bank provided the server.

Planning, Scheduling or Sequencing of Activities (if applicable)

V. Further Information: 

References and Publications:

Revised DAO
Inogy Consultants

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