The Department of Environment and Natural Resources (DENR) will be reviewing environmental compliance certificates (ECCs) that have been issued to offshore wind (OSW) project-developers prior to enforcement of the interim guidelines governing the development of these renewable energy (RE) installations.

Under DENR Administrative Order (DAO) 2024-02 that was issued January this year, the department specifically stated that “the ECC issued to OSW projects prior to the issuance of this DAO shall be reviewed by DENR to ensure that appropriate mitigating measures and that global standards and best practices in offshore wind energy development were considered.”

There had been no specific companies or projects named by relevant government agencies or officials on the ECCs that could be covered by the targeted scrutiny of the DENR.

By far, it was previously contemplated that the ECC issuance for offshore wind projects will be ‘programmatic’ – meaning, there will be just one or common ECC for all offshore wind projects and that shall be secured by the Department of Energy (DOE) for all the project-sponsors.

Nevertheless, that has not been forthrightly stipulated in the DENR interim guidelines; and the offshore wind industry players indicated that “we are still studying and reviewing the DAO,” with them adding that it is not also clear to them how the entire ECC application process shall be executed.

As of press time, industry players under the Wind Energy Developers Association of the Philippines ((WEDAP) conveyed that based on clarification from government, the ECC is “not programmatic, but a cumulative assessment...the DOE is the one in-charge of that process.”

One project-sponsor opined “I guess that gives the responsibility of identifying the timing and prioritization of projects,” but the source cannot assess for now if that will be beneficial or not to the investors.

At this stage, project-developers are similarly trying to comprehend if they will be required to secure multi-layered ECCs – one at pre-development phase; then another when they would already advance to the construction and commercial developments of their facilities; and they also sense that the requirements would be more extensive.

They similarly decry that the DAO was issued without extensive consultation with the industry players and other relevant stakeholders.

Under the DAO, there had been demarcation of responsibilities between the DENR and the DOE, but less clear is the policy to be instituted for the application and grant of ECCs.

For the DOE, in particular, it was conveyed that it shall “facilitate the submission of regular environmental compliance reports of developers under OSW Energy Service Contracts (OSWESCs) to DENR detailing the activities undertaken during the pre-development and exploration stage, and their respective environmental impacts.”

Further, the energy department is tasked to “ensure that all developers under OSWESCs prepare comprehensive environmental plans that adhere to the guidelines set by the DENR.”

The DOE was likewise called upon to guarantee that “its staff and developers undergo necessary training and capacity building for understanding and implementing environmental guidelines.”

Additionally, the energy department must “facilitate and coordinate public consultations, especially in areas where OSW projects may have direct environmental impacts.”

On the part of the DENR, it shall “oversee and monitor the environmental compliance of DOE and/or its developers during the pre-development and exploration stage,” and such shall include periodic on-site inspections and evaluations of reports submitted by the DOE and/or its developers.”

The environment department will also “provide technical guidance to the DOE on best environmental preservation practices during pre-development or exploration.”

The DENR shall likewise “review environmental plans submitted by developers under OSWESCs, and ensure that the same aligns with environmental laws, rules and regulations.”