MINING ENVIRONMENTAL RESTORATION PROJECT … · onsite management of the tailings, while two others considered relocating the tailings either to a non-populated area 35km to the south,

REPUBLIC OF ARGENTINA NATIONAL NUCLEAR ENERGY COMMISSION (CNEA)

MINING ENVIRONMENTAL RESTORATION PROJECT ,

ENVIRONMENTAL ASSESSMENT OF THE MALARGUE SITE

EXECUTIVE SUMMARY

April 30,2008

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CNEA

1 . 2 .

2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9

3 .

ENVIRONMENTAL ASSESSMENT OF THE MALARGUE SITE PRAMU

TABLE OF CONTENTS

INTRODUCTION ................................................................................................. 6 LEGAL. REGULATORY. AND ADMINISTRATIVE FRAMEWORK ....... 6 INTRODUCTION .................................................................................................................... 6 THE NATIONAL NUCLEAR ENERGY COMMISSION (CNEA) .................................. 7 THE MINING CODE ......................................................................................................... 7

REQUIREMENTS OF THE NUCLEAR REGULATORY AUTHORITY ( A N ) ................................ 9 REGULATIONS OF THE PROVINCE OF MENDOZA ................................................................ 10 COMPARISON TO OTHER LEGAL AND REGULATORY SYSTEMS .......................................... 10 us EPA REGULATIONS FOR MANAGED SITES (40 CFRPART 192) ...................................... 11 CONCLUSIONS ................................................................................................................... 12 HISTORICAL, LEGAL, GEOGRAPHICAL AND SOCIO-ECONOMIC

NATIONAL AUTHORITIES WITH MANDATES FOR ENVIRONMENTAL POLICY ........................ 8

BACKGROUND OF PROJECT AREA AND OBJECTIVES OF PROPOSED PROJECT ........................................................................................................................ 12

3.1 ACTIVITY SUMMARY OF THEMALARGUE PROCESSING COMPLEX (CFM) ... 12 3.2 THE LEGAL BACKGROUND IN MENDOZA PROVINCE .................................................... 13 3.3 PHYSICAL GEOGRAPHY AND SOCIO-ECONOMIC CONDITIONS OF MALARGUE SITE ......... 13 3.4 PROJECT OBJECTIVE ....................................................................................................... 15

4 . THE ESTABLISHMENT OF BASELINE CONDITIONS ............................ 16 5 . ENVIRONMENTAL IMPACTS AND HEALTH R I S K S ASSOCIATED WITH TAILINGS ........................................................................................................... 18

5.1 5.2 5.3 5.4

6.1 6.2 6.3

7.1 7.2 7.3 7.4

8.1 8.2 8.3 8.4 8.5

6 .

7 .

8 .

9 .

HEALTH RISKS RELATED TO AIR QUALITY ...................................................................... 18 IMPACT ON WATER ............................................................................................................ 20 IMPACT ON SOILS .............................................................................................................. 21 POSITIVE IMPACTS OF THE PROJECT .................................................................................. 22 ANALYSIS OF REMEDIATION ALTERNATIVES ..................................... 22 INTRODUCTION ............................................................................................................ 22 THE SELECTED ALTERNATIVE ........................................................................................... 24 THE PUBLIC CONSULTATION PROCESS ............................................................................... 26 A PLAN FOR ENVIRONMENTAL MANAGEMENT .................................. 27 ANTECEDENTS AND REFERENCES FOR DEFINING THE PROJECT .................... 27 SITE REMEDIATION AND ENCAPSULATION OF TAILINGS ................................................... 28 MITIGATION OF IMPACTS DURING REMEDIATION ACTIVITIES ............................... 30 EXPECTED IMPROVEMENTS RELATIVE TO THE PRESENT SITUATION ............................... 31 ENVIRONMENTAL MONITORING .............................................................. 32 INTRODUCTION .................................................................................................................. 32 MONITORING CRITERIA ..................................................................................................... 33 ENVIRONMENTAL MONITORING AT THE hhLARGUE SITE ................................................ 33 POST-CLOSURE MONITORING ............................................................................................ 36 QUALITY ASSURANCE PLAN FOR POST-CLOSURE MONITORING ........................................ 37 INSTITUTIONAL STRENGTHENING AND CAPACITY BUILDING ..... 40

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CNEA ENVIRONMENTAL ASSESSMENT OF THE MALARGUE SITE PRAMU

ALARA A P L ARN

C F M CMFSR CFR CNEA CRAS CSN DOE DIA EA EIA ENRESA GIS IAEA ICRP M A O P MSV NASA NGO NP N R C PCi P R A M U

Bq

sv SIGA UEP UGA UMTRA U M T R C A US$ U S EPA WB WL

ACRONYMS

As Low As Reasonably Achievable Adaptable Program Loan Nuclear Regulatory Authority Bequerel Malargue Processing Complex San Rafael Mineral Processing Complex Code o f Federal Regulations (U.S.) National Nuclear Energy Commission Regional Center o f Subsurface Water Nuclear Security Council (Spain) Department o f Energy (U.S.) Declaration o f Environmental Impact Environmental Assessment Environmental Impact Assessment Spanish Corporation o f Radioactive Waste Geographic Information System International Atomic Energy Agency International Commission for Radiological Protection Mendoza Province Office o f Environmental and Public Work MilliSievert Nucleoelectrica Argentina, Ltd. N o n Governmental Organization National Park Nuclear Regulatory Commission (U.S.) Pic0 Curie Proyecto de Restitucidn Ambiental de la Mineria del Uranio Uranium Mining Environmental Restoration Project Sievert CNEA Environmental Information and Management System Project Implementation Unit Environmental Management Unit Uranium Mine Tailings Restoration Act Uranium Mine Tailings Restoration Control Act U.S. Dollar United States Environmental Protection Agency The World Bank Working Level

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CNEA ENVIRONMENTAL ASSESSMENT OF THE MALARGUE SlTE

EXECUTIVE S U M M A R Y

Overview

P R A M U

In 1954, the Province o f Mendoza ceded 39 hectares on the outskirts o f the town o f Malargue to Argentina’s National Nuclear Energy Commission (CNEA’) for the purpose o f installing a uranium processing plant. Malargue, with a population o f 23,000, i s a small economic hub in a sparsely populated area o f the province o f Mendoza. After 32 years o f uranium processing activities, in 1986 the Malargue Processing Complex (CFM’) closed, leaving behind a legacy o f 716,000 tons or 450,000 cubic meters o f uranium tailings.

CNEA i s charged with managing Argentina’s radioactive waste and i s responsible for the preparation and implementation o f a program for environmental restoration o f sites associated with uranium mining and processing (PRAMU).33 Within the framework o f PRAMU, the objective for the remediation o f the Malargue site i s to clean up the site and manage the uranium tailings. The remediation project involves an integrated institutional, environmental and social framework, i s in compliance with federal and provincial laws and regulations, and i s subject to oversight by Argentina’s Nuclear Regulatory Agency (ARN).

The proposed World Bank- financed project would finance the completion o f remediation works already started at the Malargue site, and also provide for more general technical assistance activities. These TA activities would strengthen the new CNEA Environmental Management Unit (UGA) and, inter alia, strengthen CNEA’s capacity to conduct environmental impact assessment, implement mechanisms for public consultation and outreach, introduce a computerized System for Information and Environmental Management (SIGA), and create a Project Implementation Unit (UEP), adequately staffed and equipped to successfully implement the Project and i t s post-closure monitoring.

Remediation o f the Malargiie Site

In the present Malargue situation, the tailings emit radon and Gamma radiation at levels that subject a hypothetical critical group residing permanently at the perimeter o f the site to excessive expo~ure .~ In addition, shallow groundwater at the site has become acidified through occasional contact with the base o f the tailings, resulting in the formation o f a contaminant plume at the top o f the phreatic aquifer. Based on 18 years o f measurements, the plume has the potential for self- attenuating were it not for the repeated immersions o f the tailings in wet years, which ultimately lead to increased salinity and contamination with uranium o f the topsoil.

La Comision Nacional de Energia Atomica (CNEA) El Complejo Fabril Malargiie (CFM) Proyecto de Restitucidn Ambiental de la Mineria del Uranio (PRAMU) Annex 2 in the Environmental Assessment displays the organizational structure o f CNEA, and Annex 3 portrays

the structure o f PRAMU. Under i t s present charter, CNEA i s ordained to act both in the public and private domains in a l l matters pertaining to the scientific, technical, industrial, commercial, administrative, and financial aspects o f Argentina’s nuclear sector.

respectively.

1

Baseline concentrations o f uranium and radium at the Malargue site were 155ppb and 12 pCi/g on average,

4


CNEA considered five remediation alternatives, including the option ultimately selected. Other than the unacceptable ‘No Project’ option, two o f the four proposed alternatives considered onsite management o f the tailings, while two others considered relocating the tailings either to a non-populated area 35km to the south, or to the active uranium processing complex at San Rafael, about 180km to the north. The selected option, combining the greatest human health and safety benefits with a reasonable cost, was approved by the provincial authorities and through public consultations. This option entails relocating the tailings to a higher, dry ground within the site; depressing the phreatic aquifer at the site by diverting away surface and subsurface flow; encapsulating the tailings and contaminated materials from the dismantled facilities in a multiple barrier system; and re-planting native herbaceous and arboreal species on the site. To date, approximately 15,000 cubic meters o f tailings have been encapsulated at the Malargue site using funds from the Argentine government.

Upon completion, the performance o f the reclamation project will be evaluated for a period o f 20 years by monitoring al l media, to ensure that the attained low radiation and radon levels and the quality o f local groundwater are being maintained below the regulatory thresholds as originally. Transient impacts caused by the restoration work will be mitigated by constant monitoring o f all media and by adherence to control measures to minimize dust, protect workers’ safety and appropriately manage waste. In addition to human health and safety and environmental benefits, the effective containment and greening o f the site would also help the local economy, which i s heavily dependent on tourism and on the wide marketability o f local potato seedlings - both highly vulnerable to real or perceived dangers o f radioactive contamination. In addition, short- term benefits to accrue during project execution include employment opportunities and a greater demand for products and services.

This document i s an extended summary o f the project’s Environmental Assessment which examines the environmental impacts associated with the site prior to remediation, proposes options for remediation and closure and measures to mitigate their impacts and details the implementation plan o f the selected option. The EA i s based on a host o f studies and technical analyses prepared by the implementing agency and by other entities, with particular attention to inputs provided during an extensive public consultation process, the f i rs t o f i t s kind in the country.

The Environmental Assessment i s one o f several documents prepared that examine environmental aspects o f the Malargue remediation activities. Given that CNEA has already begun initial remediation activities at the Malargue site, a Bank-funded consultancy was carried out to evaluate the adequacy o f the remediation works conducted at the site to date. The evaluation, conducted in January 2007, concluded that the remainder o f the remediation works will be satisfactorily completed, and recommended that the Bank give favorable consideration to financing the cost o f project implementation. In addition to the environmental assessment, a Design Basis Memorandum has been prepared by CNEA, which provides a technical justification o f the selected remediation option and includes an analysis o f risks.

Evaluacion Ambiental Sitio Malargiie. CNEA-PRAMU. January, 2007.

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1. INTRODUCTION

The National Commission o f Nuclear Energy o f Argentina (CNEA) i s charged with the preparation and implementation o f a program for environmental restoration o f the sites associated with uranium mining and processing (PRAMU). The Government o f Argentina requested World Bank financing to assist in achieving this objective. The proposed World Bank financing would finance the completion o f remediation works at the abandoned Malargue uranium milling site, and provide technical assistance to improve CNEA's implementation o f other aspects o f the national program (PRAMU). The technical assistance component would, more specifically: (a) strengthen CNEA's environmental management unit to help meet the project's broad development objective; (b) develop technical, environmental, and social processes for addressing the remediation needs o f the other seven priority sites across the country; and (c) to introduce concepts o f sustainable land use more broadly in the mining sector, including to the Secretariat o f Environment and the Secretariat o f Mining. The proposed loan i s a US$20.0 mi l l ion Specific Investment Loan (SIL).

The objective o f this environmental assessment i s to explore the extant environmental impact of the Malargue site and propose mitigation measures and steps required for their implementation. The observations, evaluations and conclusions presented in the Environmental Assessment are supported by numerous technical studies executed by CNEA and other entities. Owing to this project's first-of-a-kind nature in Argentina, and considering the heightened public sensitivity to environmental issues, special attention was paid to public participation in the decision making process. The current version o f the Environmental Assessment i s one output o f an extended sequence o f activities and products, which include a May 2002 Draft Environmental Assessment and a Supplement for Malargue, and incorporates comments received through the public consultation process, as well as revisions recommended by a review panel,' World Bank consultants and the Bank's Safeguards Assurance Team (SAT).

'

While providing a concise summary o f the full-length (Spanish language) Environmental Assessment, this extended summary does not always mirror the outline o f the document. To provide cross links, this extended summary identifies as appropriate the corresponding section numbers, tables and figures in the Environmental Assessment.

2. LEGAL, REGULATORY, AND ADMINISTRATIVE FRAMEWORK

2.1 INTRODUCTION

The Republic o f Argentina has a Federal government, where the national and autonomous provincial governments each have their own constitutional and institutional provisions.

Both draft documents were originally posted on CNEA's website: htttx//www.cnea.gov,ar/Pramu. Frank L. Parker, Miquel Vidal, and Florence Sanchez, Department o f Environmental Engineering, Vanderbilt

University, Tennessee, USA/ Review o f EIA Report for the Argentine - Mining and Decontamination Project PRAMU, Report to the World Bank, November 5,2001.

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CNEA ENVIRONMENTAL ASSESSMENT OF THE MALARGOE SITE PRAMU

According to Article 3 1 o f the national constitution, national laws prevail upon those at the province level.

Article 4 1 o f the Federal Constitution (i) guarantees the rights o f the citizenry to a healthy environment balanced with the needs for human development, (ii) empowers the federal government to establish minimum standards for environmental protection, and (iii) gives the provinces the powers to supplement the national requirementsg

2.2 THE NATIONAL NUCLEAR ENERGY COMMISSION (CNEA)

The National Law o f Nuclear Activity” establishes the federal government as the authority for promulgating policy, conducting research and development, and regulating and financing the National Nuclear Energy Commission (CNEA) and the Nuclear Regulatory Authority (ARN).

Created in 1950, CNEA was charged with the development o f nuclear power plants and their regulation. These functions were later separated, with the former being transferred to the newly created Argentinean Corporation for Nuclear Power (NASA) and the latter to the Nuclear Regulatory Authority.

Under i t s present charter, CNEA is ordained to act both in the public and private domains in all matters pertaining to the scientific, technical, industrial, commercial, administrative and financial aspects o f Argentina’s nuclear sector.

CNEA i s charged with the management o f radioactive waste and i s granted the exclusive authority to explore for radioactive minerals and to develop materials and manufacturing processes o f such energy sources that can be applied to generate power. To accomplish these duties, CNEA has the authority to undertake the necessary steps to implement i t s charter, including:

P Reach agreements with public or private entities to implement activities that are congruent with the objectives o f the organization;

P Operate, jointly with NASA, facilities for the placement, temporary storage and final disposal o f radioactive mining waste;

P Propose prospective site(s) for high-, medium-, or low-level radioactive waste repositories, with the approval o f ARN and the prior consent o f the legal authority o f the province in which the site(s) i s to be located.

2.3 THE MINING CODE

Article 207 o f the revised mineral code (Decree No. 456/97) states that whoever proposes to operate mines to extract radioactive minerals must present to the appropriate authorities a restoration plan and measures to preserve or neutralize any solid and liquid byproducts, as

For a synthesis o f the legal and institutional framework, see Section 4 (“Marc0 Normativo, Administrativo y 9

Juridico”) o f the Environmental Assessment. lo AR Law No. 24.804

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CNEA ENVIRONMENTAL ASSESSMENT OF THE M A L A R G m SITE PRAMU

appropriate, and comply with the proposed plan throughout site closure, subject to penalties for non-compliance. l1

Law No. 24.585 stipulates that the exploration and extraction o f any minerals should be executed such that the environment i s not adversely impacted and the natural and cultural heritage i s protected. Law No. 25 .O 1 8 establishes rules for the management o f radioactive waste intended to protect the environment, identifying CNEA as the federal authority to manage such wastes and creating a fund for the final disposition o f these sites.

Decree No. 1.142/03 defines the responsibilities o f the Mining Secretariat within the Office o f Federal Planning, Public Investments and Services. These responsibilities include proposing and executing a policy o f the development o f mineral resources; promoting and coordinating innovative mining technologies; serving as a central data repository o f all geological/mining data; promoting the commercialization o f mineral products; and assisting the Secretary o f Energy and Mining in the definition and management o f public services associated with mining, including the consolidating and encouraging private investments in the mineral sector.

2.4 NATIONAL AUTHORITIES WITH MANDATES FOR ENVIRONMENTAL POLICY

The Office o f Health and the Environment contains the Secretariat for Environment and Sustainable Development (SAyDS), with the authority to implement the National Law o f Hazardous Waste (Law No. 2405 1). SAyDS, in turn, i s comprised o f two sub-secretariats, a Sub-secretariat for Natural Resources, Standards, Research and Institutional Relations (SRNNIR), and a Sub-secretariat for Planning, Control and Environmental Quality.

The following Table summarizes the responsibilities o f the five Directorates responsible for oversight and implementation o f environmental quality and policy.

Radioactive minerals were accorded special status under Argentine law. Law No. 22.477156, as ratified by Law 11

No. 14.467 and regulated under Decree No. 5423157. Reforms o f the mining code (Law No. 24.498), however, abolished the special status.

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CNEA ENVIRONMENTAL ASSESSMENT OF THE MALARGm SITE

Table 1. Federal directorates dealing with environmental quality and policy

PRAMU

Directorate

National Directorate for Environmental Management (Direccidn Nacional de Gestidn Ambiental) Directorate for Environmental Quality (Direccidn de Calidad Amb iental)

Directorate for Environmental Control (Direccidn de Ordenamiento Ambiental)

Directorate for Prevention and Management o f Contamination (Direccidn de Prevencidn y Gestidn de la Contaminacidn) Directorate for Environmental Enhancement and Sustainable Development (Direccidn de Promocidn Ambiental y del Desarrollo Sustentable’,

Functions and Responsibilities

Evaluate and control environmental quality, the analysis and promotion o f environmental technologies, processes and services and the prevention and control o f contamination.

Develop national policies and programs for the improvement of environmental quality, establish permanent mechanisms for consultation and coordination with provincial and local government, and develop plans, proposals and projects to improve the environmental impacts associated with the manufacturing and service sectors. Develop standards and institutional frameworks for improving environmental quality, and promote activities to encourage clean production and prevent and mitigate natural and anthropogenic impacts. Coordinate the execution o f activities at the provincial and municipal levels and assist al l jurisdictions in the development o f projects for improving environmental quality. Elaborate plans, programs and projects for the adoption and promotion o f environmental technologies, processes, products and services and for integrated waste management; and for environmental control at the national, regional and local levels in order to improve the l i fe quality o f the population. Implement and enforce standards to control contamination o f surface water, air, soil and groundwater, and the discharge o f contaminants into the natural media.

A component o f SRNNIR, shape the environmental awareness o f the population through strategies for capacity building, outreach and education in subject matters pertaining to the environment and sustainable development.

2.5 REQUIREMENTS OF THE NUCLEAR REGULATORY AUTHORITY ( A M )

Law No. 24.804 provides ARN with the authority to establish the regulatory standards for rad io log ica l and nuclear safety as w e l l as other aspects o f nuclear activities. A m o n g the documents issued by ARN, the most prominent i s N o r m a AR 10.1.1 , the “Basic Standard o f Radio log ica l Safety,” the objective o f w h i c h i s to establish an appropriate protective leve l for humans against the adverse effects o f ionizing radiation and to regulate the radiological security o f installations o r practices associated with it. It discusses the applicable standards for intervention, defined as al l act ivi ty whose objective i s to reduce the exposure to radiation, wh ich was tr iggered by pre-existing conditions, accidents, or due to elevated levels o f naturally occurr ing radiation. All the activit ies associated with the restoration o f uranium mining are regulated by the aforesaid standard.

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2.6 REGULATIONS OF THE PROVINCE OF MENDOZA

The laws and regulations issued by the provincial institutions that are o f greatest pertinence to the project include the following:

Establishment o f a Provincial Environmental Council as an integral organ o f the executive branch, under the jurisdiction o f the Office o f the Environment and Public Works; Requirement for an Environmental Impact Statement (EIA) to identify and interpret the environmental impacts o f public or private sector projects; any such project should be preceded by a Declaration o f Environmental Impact (DIA) either by the Office o f the Environment and Public Works (MAOP) or the municipality; either one o f these entities i s also required to convene public hearings for those stakeholders that might be affected by the anticipated project; Directions for sustainable development o f the Province and i t s regions and the control o f protected areas; Application o f regulations for environmental protection in the context o f mining activities under the joint management o f the General Directorate o f Mining and Hydrocarbons and the Directorate o f Health and Environmental Control; Pacts assigning the remediation o f uranium mining and processing tailings to CNEA, including the funding o f the restoration activities; Establishment o f the Council for the Oversight o f Nuclear Activities, to monitor the execution o f agreements with federal entities controlling the extraction o f uranium and the management o f radioactive waste; and Various regulations for the use o f surface water and groundwater and their protection from pollutants, although there i s no explicit reference to nuclear activities.

2.7 COMPARISON TO OTHER LEGAL AND REGULATORY SYSTEMS

Argentina’s nuclear regulatory approach, l ike that o f Spain, i s performance-based. Under this approach, the operating arm o f a nuclear facility bears the ultimate responsibility for ensuring the safety o f the facility at each and every stage. The only role assigned to the regulatory authority i s that o f critically reviewing the operators’ safety specifications.

In contrast, the U.S. has developed a prescriptive regulatory approach. In the U.S., Public Law 95-804, the Uranium Mill Tailing Radiation Control Act (UMTRCA, 1978) (i) mandates the restoration o f inactive uranium extraction sites, (ii) regulates the program for the stabilization and proper disposition o f mining waste (the Uranium Mill Tailings Remedial Action, UMTRA), and (iii) confers upon the Environmental Protection Agency (US EPA) the responsibility o f issuing appropriate remediation standards and guidelines. The applicable cleanup standards, “Health and Environmental Protection Standards for Uranium and Uranium Mill Tailings” are captured in U S EPA’s 40 CFR Part 192.

In the U.S., the Nuclear Regulatory Commission (NRC; or an Agreement State, upon which this authority i s conferred) i s the licensing authority, as defined in 10 CFR Part 40 (Domestic Licensing o f Source Material). U M T R C A requires each licensee to comply with provisions for

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CNEA ENVIRONMENTAL ASSESSMENT OF THE MALARGUE SITE PRAML

Rate o f radon emanation above the managed waste piles External radiation dose in remediated area, values on top o f the background Concentration o f radon in the air in immediate proximity to the site, values on top o f the background .

decontamination, closure and rehabilitation o f the site, in addition to compliance with the requirements o f 40 CFR Part 192.

P W - 5 - at the uppermost 15cm o f soil - 15- between 15 and 30cm

Bq/m2sec 0.74

pSv/h - 0.2

Bq/m3 - 18

The environmental section o f Argentina’s Mining Code also incorporates oversight o f nuclear activities by a concurring (Le., provincial) authority, while Spain grants the oversight o f nuclear activities exclusively to a single national authority, the CSN.I2

No specific Argentinean standards or guidelines exist for remediation, stabilization and control o f inactive uranium mining sites. The radiological impacts o f such sites and their mitigation are subject to the basic standard on radiological protection (AR10.1.1 13). This law applies to all sources o f radiation as well as all phases o f the production o f nuclear fuels and also to contamination resulting from past practices. Overall, the Argentinean approach is consistent with International Committee for Radiological Protection (ICRP) recommendations and in l ine with approaches prevalent in a number o f other countries.

The ICRP distinguishes between two types o f radiation exposure: one, where human activities introduce new sources or modes of exposure (apractice), and the other, where these activities reduce exposure to sources that are already in existence (an intervention). Thus, the remediation o f an inactive uranium mining and/or processing site i s a typical intervention, and consequently, in terms o f ICRP terminology, the entire P R A M U i s a national intervention program.

2.8 US EPA REGULATIONS FOR MANAGED SITES (40 CFR PART 192)

The following table summarizes the US EPA standard 40 CFR Part 192 for the management o f uranium extraction tailings. This standard requires effective confinement for a period o f 200 years, with projected confinement for 1,000 years.

Table 2. U S EPA standards f o r the management o f uranium extraction tailings

I Parameter I Unit I Allowed Value I

Ra-226, in managed areas; values on top of the background

Consejo de Seguridad Nuclear 12

’3 ‘Norma basica de seguiridad radiologica ’

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2.9 CONCLUSIONS

Starting with the constitutional reform o f 1994, the Argentine environmental legislation, including i ts application to the mining sector, has developed significantly. The development o f parallel, federal and province-level legislation reflects a growing societal concern about the need to protect the environment.

Article 41 o f the national constitution defines citizen rights for a clean environment, and also sets the compositions o f environmental media as the basis for establishing standards for protective levels.

The regulatory responsibilities o f Argentina’s nuclear sector are advisably split between CNEA, the executive entity, and ARN, the regulatory entity.

Baseline standards are set by the federal government, while provincial governments may supplement, but not relax, them. This approach is based on the premise that protecting the environment i s the ultimate responsibility o f that authority which has local jurisdiction over the regulated subject.

There are different paradigms regarding the conceptual approach to regulation: whereas the U.S. has developed a prescriptive scheme, both Argentina and Spain have adopted a performance- based approach. However, in Argentina, the power for implementing the mining code i s based on concurring authorities (i.e., both federal and lower-level governments), whereas in Spain it i s confined to a single, national authority.

In general, Argentina’s environmental legislation as applied to uranium mining i s current and appropriate for the objectives it was designed to address.

3. HISTORICAL, LEGAL, GEOGRAPHICAL AND SOCIO-ECONOMIC BACKGROUND OF PROJECT AREA AND OBJECTIVES OF PROPOSED PROJECT

3.1 ACTIVITY SUMMARY OF THE MALARGUE PROCESSING COMPLEX (CFM)

In M a y 1954, the Province o f Mendoza ceded some 39ha to CNEA for the purpose o f installing a chemical plant for processing uranium ore. l4 Production capacity at Malargiie increased in stages, from 10 todday (1 954- 1964) up to 250 todday (1 978-1 986). Overall, the C F M produced 759 tons o f uranium from ore with U grade o f 0.14%, leaving behind a legacy o f 7 16,000 tons or 450,000 cubic meters o f tailings.

The C F M ceased operation in 1986, at which juncture CNEA prepared closure plans and discussed them in public meetings. In April 1995, The Provincial Office o f the Environmental and Public Works (MAOP) approved the selected environmental management option and then

l4 Decree No. 1633

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CNEA ENVIRONMENTAL ASSESSMENT OF THE MALARGm SITE PRAMU

authorized a Declaration o f Environmental Impact (DIA) committing CNEA to implement the closure o f the CFM. l5 The dismantlement and demolition o f auxiliary installations started in 1996. In 1998, a private contractor began storm-water drainage diversion works and drilling wells for the provision o f water, in l ine with commitments assumed by CNEA in the DIA and authorized by MAOP. At present, the site i s surrounded by a 2 m-high mesh fence and i s constantly attended by a watchman.

Remediation activities completed since 2003 include cleanup activities in all the sectors designated to receive the relocated tailings: in Sector 1 , the removal o f contaminated substrate in the industrial area and construction o f the engineered barrier; in Sector 2, cleanup and relocation o f the contaminants and infill with clean soil; and in Sectors 3 and 4, the cleanup o f the subterranean and surface drainage systems. Additional completed project components include reforestation o f 6 acres, the construction o f a work camp and a vehicle decontamination ramp and opened quarries to supply barrier and cap construction materials. Overall, approximately 30% o f the project has been completed.’6

3.2 THE LEGAL BACKGROUND IN MENDOZA PROVINCE

ARN’s ru le RQ-86 requires that a critical group o f Malargue’s population should not receive from the plant’s tailings a dose exceeding 0.1 mSv/year. Resolution 74/95 o f the Province’s Office o f Environment and Public Works (MAOP) approved (April 1995) the selected management option for the site. Resolution 738/97 o f MAOP authorized a Declaration o f Environmental Impact (DIA), including the approval o f the engineering designs for the remediation o f the C F M site, and committed CNEA to have the works completed as projected.

3.3 PHYSICAL GEOGRAPHY AND SOCIO-ECONOMIC CONDITIONS OF MALARGUE SITE

A. Physiography

The C F M i s located at the NE edge o f Malargue. The town o f Malargue i s located 207 km SW o f San Rafael and 344 km S o f Mendoza, the capital o f the Mendoza Province. Within a radius o f 500m o f the plant’s boundary, one encounters an industrial zone and a railroad right o f way, agricultural lands (potato seedlings) and cattle pastures, and a 9-ha bioremediation experimentation site leased by CNEA. In the SW sector, there are 19 run-down residences with 136 inhabitants, including 54 minors. The closest residences are located within 250 to 300m from the site.

The C F M i s located in the western area o f the eastern piedmont plains o f the Andean Cordillera. The plant’s processing installations were located at the elevated, SW sector o f the C F M area, whereas the tailings were originally located in the topographically lower, E sector, which slopes fwther to the NE into a marsh area.

Resolution 738197 l6 See Figure 8 (p. 29) o f the Environmental Assessment for a complete project timeline, t7om 1955 to 1999. l7 El Complejo Fabril Malargiie; See Figures 1-7 o f the Environmental Assessment (pp. 22-28) for site maps and photos.

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CNEA ENVIRONMENTAL ASSESSMENT OF THE MALARGUE SITE P M M U

Piedmont plain streams drain eastward into Laguna Llancanelo while groundwater i s recharged from the river courses thanks to the permeable nature o f the plain’s substrate.”

While forming a part o f a rather active seismic province, the Malargue area has only a Moderate level o f seismic risk characterized by shallow and medium-depth focal areas (Seismic Zone 2; estimated maximum potential magnitude o f 6.5 with recurrence o f 20,000 years ).

Malargue’s climate i s cold sub-arid, with average annual temperature o f 1 1.7 OC and relative humidity o f 59%. The average annual precipitation drops from 334 mm in the area down to 200 mm further to the east. Rain falls throughout the year, but with higher intensity in the fall. There are two predominant wind directions, mild winds which b low from the site toward the city, and stronger wings which blow away from the city. Only the latter are capable o f causing significant particulate dispersion from the tailings. Higher rainfall and snow melting from the Cordillera Principal feed several perennial rivers and recharge groundwater.

19 20

The site i s underlain to a depth o f 23m by a substratum o f young alluvial and aeolian deposits consisting o f gravel, sand and finer sediments. These highly permeable sediments host the phreatic aquifer. An impermeable, 3m-thick clay layer underlies this aquifer. Another layer o f sand and gravel underneath the clay hosts a pressurized, confined aquifer. Both aquifers contain high quality water, the product o f infiltration o f precipitation and snow melt water from the riverbeds in the piedmont. The groundwater table i s shallow and highly variable, at times reaching the surface and causing inundation o f lands adjacent to and outside the NE corner o f the site. Consequently, the soils associated with the seasonal marsh area are saline. The water o f both the phreatic and confined aquifer flows away from town and towards the NE at a gradient o f 0.6% and at a f low rate o f 500dyear. A hydrological study revealed that the temporal variations o f the phreatic aquifer depend on and lag five months beyond those o f the Malargue River, e.g., whereas the river i s at a maximum stage in December, during the height o f the winter snow melting, the phreatic aquifer attains i t s highest level in the following May. 21 A system o f subsurface drainage i s called for particularly in those instances when, following snow-rich winters, the phreatic aquifer inundates the low-lying areas at the site and i t s vicinity.

Drinking water, supplied by Obras Sanitarias Mendoza S. A., i s extracted from two sources located up-basin f rom the CFM. The primary source, the Malargue River, i s supplemented by a 160 m-deep well, located about 4 km SW from the site. Site activities pose no contamination risks, as both sources are located up-flow at a sufficient distance from the C F M site.

The area’s natural vegetation consists o f steppes o f scrub (matorral) with sparse bushes separated by soil-denuded tracts and underlain by grasses. Mammals include vizcacha, armadillo,

l8 Within a radius o f 50-km around the CFM, the piedmont plains are adjoined by two distinctive physiographic and geologic units: (i) to the west, the Cordillera Principal, comprising Mesozoic and Cenozoic rocks wi th a relative average rel ief o f 1 km above that o f the piedmont, and dissected by a transversal drainage network; and to the east, (ii) The Northern Payunia volcanic district o f Tertiary and Quaternary basalt, extending to the south o f the Malargue River. l9 For further details, see: http://pubs.usgs.novlof/2000/ofr-00-0 108/ofr-00-0108so.pdf 2o Seismic activity i s focused around the active reverse and strike-slip faults o f Malargue, Payzin, Diamante and Malvinas. 21 Coria Jofi-e y AssociadoslEvaluacidn del efecto del drenaje subterrcineo en e l nivelfrecitico, Oct. 2002.

14

CNEA ENVIRONMENTAL ASSESSMENT OF THE h4ALARGOE SITE PRAMU

marmot, fox, skunk, wildcat, and guanaco as wel l as introduced rabbit and wild boar. Two province-level protected areas reside within the County limits. The Faune Reserve Laguna Llancanelo (40 km to the ESE), a closed water body occupying a topographic depression, has been recently recognized internationally as one o f the largest and well-preserved wetlands o f the world with important characteristic avifauna. The Total Reserve El Payin (about 230 km to the S) contains quite young (Mid-Quaternary), thick volcanic formations with characteristic flora and fauna. Access to both reserves i s limited for scientific research only.

B. Socio-Economics Aspects

The town o f Malargue (population: 15,300) i s the seat o f a sparsely populated (0.5 hab i tan tsh2) namesake county with a total o f 23,000 inhabitants. I t i s the fastest growing urban center in the province (62% growth between 1980 and 1991). Economic activities include: summer and winter-sport tourism (3,600 beds in 27 establishments and over 15,000 visitors during the last high season); approximately 1,200 businesses employing 2,400 persons; light industries (food, beverages and clothing) employing about 500 persons; agriculture (potato seedlings and vegetables), goat-, cattle-and sheep herding (over 430,000 head total); mining o f non-metallic resources (about 230,000 tons combined o f aggregates, limestone, gypsum, barite and fluorite) and o i l production o f 300,000 m3/month. The production highly regarded potato seedlings that supply some o f Argentina’s major urban centers employs 800 persons and accounts for annual revenue o f US$l.SM. Services include utilities, educational institutions up to a college level, banks, public hospital, police and f i re stations and a National Guard post. In the absence o f sewage system, the town uses soaking pits, while the town’s municipal solid waste i s disposed o f in unlined trenches.

An energy and cosmic radiation science research center (Proyecto Pierre Auger) - to employ 250 scientists f rom 15 countries - i s under construction. There are no indigenous communities in the vicinity o f the Malargue site.

3.4 PROJECT OBJECTIVE

Within the framework o f PRAMU, the objective for the Malargue restoration i s to remediate and manage the uranium tailings by relocating them from their current location, which i s subjected to frequent flooding, to the highest location at the site, and encapsulate the relocated tailings so as to comply with established radiation standards. These objectives would be attained through the following tasks:

> Construction o f drainage to lower the level o f the phreatic aquifer, in order to keep the tailings dry in the long-term;

> Preparation o f the ground at the relocation site, including soil decontamination, compaction and formation o f a multi-layer, l ow permeability liner;

> Placement o f the relocated, neutralized and compacted tailings and structure demolition debris on the impermeable bottom liner;

> Covering the relocated tailings and debris with a multi-layer cap, consisting o f l ow permeability clay and an external rip-rap layer, with i t s interstitial spaces filled with soil to enable growth o f local herbaceous plants;

15


Uranium Radium 226 Radon 222 Radon flux

> Decontamination and rehabilitation o f the area, replacement o f the soils in the impacted sectors with clean soil, and placement o f the contaminated soils together with the encapsulated tailings;

P Reforestation and revegetation, and placement o f institutional barriers to prevent intrusion and damage to the barriers; and

> Post-closure monitoring and verification o f performance for 20-years.

ppm 101-184 Bq 8-1 6.9 - 19.4 Bq/m3 584 - 5,062 Bq/m2s 6.5 (* 0.70%) and 10.3 (f Composite sampling

4. THE ESTABLISHMENT OF BASELINE CONDITIONS

pH level

Mn (Manganese) so4 Ti (Titanium) P705

Tailings

0.5 2%) 7-8 at the top o f the tailings to 3 close to the

YO 0.085 YO 5.4 Integrated samples from ten ?A0 0.24 boreholes. YO 0.22

An area o f about 60,000m2 at the extreme SE sector o f the site serves as a temporary repository for some 475,000 m3 o f processing tailings, surrounded by embankments o f ‘sterile’ residues o f lime, the agent o f the chemical neutralization process. The 6 m-high tailings are confined by a grove o f high poplar trees. The tailings, predominantly fine-grain size material, are covered partially by vegetation.22 Strong bioturbation activity by rabbit colonies i s prevalent at the NE area o f the tailings.

The table below demonstrates the range o f observed values for uranium, radium, radon, and selected heavy metals in the tailings. Composite samples from a lm-soi l interval underlying the tailing piles have even higher values o f heavy metals than the tailings themselves, indicating downward mobilization. For comparison, the floor o f the area designated to host the newly relocated tailings contains lower values o f Cu, Pb, M o Cr and Ra-226. At both locations, the highest concentrations occur in the uppermost 40 centimeters o f the soil.

Table 3. Range of observed values for uranium, radium, radon and heavy metals in the tailings.

1 Measured Parameter I Unit f Observed Range 1 Method of Observation I

1 copper) I PPm 1 Up to 661 1 Composite samples from a ~

22 Over 80% o f the tailings are smaller than 420ym.

plant’s operation, the residual acidity o f the interstitial tailings-material drops from a pH o f 7-8 at the top o f the piles to about 3 close to the bottom.

As neutralization o f the processing tailings with l ime has been exercised only during the last three years o f the 23

16

CNEA ENVIRONMENTAL ASSESSMENT OF THE MALARGW SITE PRAMU

Cr (Chronium) Zn (Zinc) Pb (Lead)

PPm 422 1 m-soil interval underlying PPm 112 the tailing piles. PPm 200

V (Vanadium) Ti (Titanium)

PPm 154 mm 4577

Fluid Effluents

Ba (Barium) M o (Molybdenum) Co (Cobalt)

Limited-intensity rain events (usually not exceeding 25 mdevent), accompanied by effective infiltration and some evaporation have combined to prevent the formation o f liquid effluents at the site.

I I

PPm 453 PPm 31 PPm 23

Wind Suspended Material

About 70% o f the town’s population resides within 6 km o f the tailings. Rows o f poplar trees, planted N and W o f the tailings, have a limited effect on impeding airborne particles, because the residential quarters are located SW o f the site. Dust storms are associated with sudden weather changes in the Austral winter, when strong winds suspend soil particles from the scarcely vegetated land surface. Eight site measurements conducted on March 11-12, 2003, yielded a range o f 7 1-220 pg/m3 o f suspended particles. Eight separate measurements, conducted concurrently with site construction activities (28-29 April and 2-3 June, 2003) at distances o f lkm and 4 km away from the site, yielded, with one exception, values either below or within range o f the cited baseline data.24

Accidental Risks due to Intrusion

Considering that all structures have been dismantled and all wells and openings filled up, and that the site i s enclosed with a fence supervised on a 24-hour basis by National Guard personnel, there are no physical risks associated with a possible unauthorized intrusion into the site.

Groundwater and Surface Water Quality

Groundwater at the edge o f the tailings area have elevated uranium concentrations and correspondingly elevated levels o f Ra-226.25 Elevated manganese (Mn) levels (14ppm) are detected only in Wel l #76, probably a relic o f the uranium concentration leaching process that employed manganese as an oxidant. Among the heavy metals, only Zn shows high concentrations (up to 32ppm), whereas Pb, Cu, Cr and Ni are al l at acceptable levels.26 In comparison, water o f the engineered subterranean drainage measured along the site’s northern

24 Tomellini y Ortega, Informe final de material particulado en el aire en zonas de influencia del ex Complejo Fabril Malargiie, Oct. 2003. 25 Uranium concentrations in tested groundwater showed a range o f 1.5 and 1 18ppb; Ra-226 level at well #76 was 118.4 pCi/l. 26 Levels o f Pb, Cu, Cr and Ni were al l below 0.2 ppm.

17


boundary has much lower uranium concentrations (2.3-4.7ppb). Furthermore, irrigation water skirting the C F M site, abstracted from the Malargue River, is similar in composition to other surface water in the region, showing low uranium contents (1.1-1.8ppb) and low Ra-226 (0.10- 0.36pCUl).

Indoor Concentrations of Radon

Radon levels were monitored at selected dwellings between July-December o f 2005 and April- August o f 2006 All values are below ICRP’s Action level (200-400 Bq/m3) and well below ARN’s Standard 10.1.1 (400 Bq/m3). There i s no evident dependence o f the measured values either on the dwellings’ distance from or their direction relative to the source.

Gamma Radiation Levels

Gamma radiation was measured at 1 8 locations. The highest values, 2.4 1 - 10.54 pSv/h, were measured above the tailings. Locations within a radius o f several hundred meters registered values o f 0.13-0.48 pSvk, and further away the values average 0.14 pSv/h, equivalent to the background level.

5. ENVIRONMENTAL IMPACTS AND HEALTH R I S K S ASSOCIATED WITH TAILINGS

5.1 HEALTH R I S K S RELATED TO AIR QUALITY

Radon in Dwellings

Radon 22227 emanates from within the tailings, d i f hses to the surface and disperses in the atmosphere. The rate o f emission varies greatly with time, as a function o f several synoptic and physical parameters. In order to estimate the radon inhalation risk to the population, continuous radon concentration and radon flux measurements were taken between March 1996 and June 1997 at the top o f the tailing piles, at their perimeter, and both inside and outside o f dwellings in the town o f Malargue. From the data it i s possible to calculate the equivalent radiation doses2’ for a hypothetical critical population group residing permanently (Le., 7,000 hours annually or about 80% attendance) on the top o f the tailing piles.29

The radon flux, measured at the top o f the piles ranges between 6.1-1 0.1 Bq/m2s, or about an order o f magnitude above the U S EPA standard o f 0.74 Bq/m2s. Radon concentrations, measured 0.5 m above the tailings, range between 584 and 5,062 Bq/m3 - also an order o f magnitude above acceptable levels - but dispersion quickly reduces radiation at the site’s perimeter by a factor o f 2- 18. Still, a hypothetical member o f a critical population group residing permanently

27 Ra222 is the gaseous decay product o f Radium 226.

volume o f a recipient tissue or organ. I t i s measured in joules per kg, or Sievert (Sv). 29Critical Population Group i s the group o f individuals reasonably expected to receive the greatest exposure to residual radioactivity for any applicable set o f circumstances.

Equivalent Dose i s the quantity o f absorbed energy as a result f i om a given type o f radiation, averaged across the 28

18

CNEA ENVIRONMENTAL ASSESSMENT OF THE MALARGUE SITE P R A M U

Measured Parameter

at the site’s perimeter would be exposed to an annual radon dose o f 5-6 mS~/year .~ ’ For reference, the maximum allowable dose mandated by ARN for the Malargue site (Mandatory Standard RQ-86) i s only 0.1 mSv/year; ICRP60 recommends corrective action for dwellings where annual indoor radon exposure levels exceed 3- 10 mSv/year; and the intervention level established by ARN for dwellings’ indoors i s 400 Bq/m3.

US EPA Measurements at the Site’s Perimeter 1 Standard Above Tailings NE I SE I sw I NW I

Rn-222 flux (Bq/m2.s)

Concentration of Rn- 222, Above Background

Equivalent Dose o f a

(mSv/v)

(J3q/m3>

Hypothetical Group

6.1 - 10.1 N/A NIA NIA N/A 0.74

N o data 290 collected

N o data collected

363 279 584 - 5062 (at 0.50m)

- 10 - 89 6 5

Radon concentrations were measured systematically across the town o f Malargue in two separate studies. In the f i rs t (1993), samples were collected from a sampling grid o f sectors o f 45’, each 500m along the radius from the center o f the tailing^.^' Employing U S EPA procedures, activated carbon detectors were exposed at each sector for 48 hours after having been calibrated against background levels.32 The data demonstrated that radon i s detectable up to 1.5-2.5 km away from the tailings and that the outdoors concentration o f radon does not exceed the US EPA standard o f 18.5 Bq/m3. However, several indoor measurements yielded concentrations exceeding the standard (i.e., up to 3 1 .O Bq/m3).

The second study (1996-97) focused on the proximal area (0.5-1 .O km) o f the SW sector, employing passive-measurement detectors with radiation counters that integrated readings for at least three months. The concentrations registered were higher by two orders o f magnitude as compared to the data obtained in the earlier study - between 63-296 Bq/m3 - with the discrepancy attributed primarily to the different monitoring techniques rather than to differences in synoptic conditions. The new study also demonstrated higher radiation levels indoors than outdoors, attributable to emission from the building materials. Both studies indicate that indoor radon values comply with the internationally accepted limits.33

During the second study, the concentrations o f radon radioactive decay products (‘daughters’) - Po, Bi and Pb, were measured inside 27 dwellings. These isotopes form radioactive aerosols by adhering to tiny dust particles. The registered concentrations, 5 to 212 Bq/m3, fall below the ICPR and ARN 10.1.1 standards (200-400 Bq/m3 and 400 Bq/m3, respectively); hrthermore, the

30 In addition, the radon concentration values measured at the tailings’ perimeter exceeds by one order o f magnitude the maximum permissible US EPA standard of 18.5 Bq/m3. 3 1 Because about 70% o f the town’s population lives in the SW sector relative to the location o f the mining residues, measurements were conducted in three sectors that span azimuths between 157.5’ and 292.5’. 32 Standard Operating Procedure for Rn-222 Measurements: U S EPA 520/5-87-005. 33 ICRP’s standard i s between 200 - 400 Bq/m3.

19

CNEA ENVIRONMENTAL ASSESSMENT OF THE MALARGa SITE PRAMU

Alpha radiation values for the short-lived decay products, are well below the U S EPA standards and therefore pose no risk to the town’s population. 34

Direct Exposure

The tailings emit on average 6.9-10.9 Bq g-’ o f Ra 226 radiation. Assuming that the uranium- radium disintegration series are the only source o f radioactivity in the tailings, a person who accesses the tailings would be exposed to an equivalent dose o f 3.4-9.7 pSv/h. Consequently, the maximum annual allowable dose at the site o f 0.1 mSv/yr would be attained by an individual spending only 10-30-hours at the site.

Projection of the Radiological Risk

Two cases are presented to demonstrate the risk o f contracting cancer as a result o f radon inhalation and exposure to Gamma radiation. In the f i rs t case, a hypothetical resident living permanently (7,000 h r s o f annual exposure) on top o f the tailings with no shielding, would receive a combined dose o f 157 mSv/year through direct exposure and inhalation. According to published models of l i fe expectancy reduction, this would shorten h i s l i fe expectancy by nearly 10 years. In the second case, a hypothetical person living on the perimeter o f the site would receive a combined dose o f 6.8 mSv/year through direct exposure and inhalation, shortening his l i f e expectancy by about % year.

The amount o f radiation projected for frequent trespassers at the site or for occasional visitors (e.g., 1,000 h r s o f annual exposure) i s well within the international standards.

I t i s concluded that the radioactive residues at the C F M would pose a radiological risk only to a hypothetical group that would choose to live at the site’s perimeter, but not to occasional visitors. On the other hand, the radiological effect on the town’s population is insignificant.

5.2 IMPACT ON WATER

Groundwater Contamination Plume

In 1988, shortly after manufacturing activities ceased at the site, studies showed that leachates from the tailings had infiltrated the subjacent phreatic aquifer. The composition and concentration o f dissolved constituents in this aquifer suggest that a plume extends away from beneath the tailings some hundreds o f meters to the NE from the site. In the table below, measurements from the Malargue site are compared with measurements taken at an up-gradient, unaffected location. Maximum contamination occurred in the f i rs t 1 Om immediately below the tailings and extended, at gradually decreasing concentrations, down gradient while dissipating steeply in a lateral direction. There was also a steep - about 50% - diminution in the total ionic concentrations at a depth o f 16m.

Alpha radiation values o f 0.001 and 0.009 WL were observed; USEPA limit i s 0.02 WL, and i s not to exceed 0.03 34

WL.

20


Measured Parameter Value Malargue site Conductivity value pmho/cm 5930

Table 5. Comparative masurements for uranium, radium and heavy metals at Malargue CFM and unaffected, up-gradient location.

Up-gradient Iocation 986

Uranium Ra-226

PPm 8.3 0.004 Ba/ l 0.684 0.03 1

Nitrate Sulfate

PPm 550 7.6 tmm 4.050 3 82

Ca (Calcium) (Na) Sodium

I DH level I DH I 4.4 I 7.2 I

PPm 5 64 163 vvm 760 16

(Mg) Magnesium (Mn) Manganese

PPm 186 16 vDm 120 0

Temporal changes between 1988 and 2006 show an overall trend of declining contaminant concentrations due to natural a t ten~a t ion .~~ This trend was punctuated, however, by intervals o f spiked concentration that were associated with excessive ascent o f the phreatic aquifer during wet years (e.g., 1995). The surging aquifer leached the bottom o f the tailings, increasing solvent contents while reducing the pH o f the inundated area, once the aquifer’s level subsided, the residual marsh was subjected to high evapotranspiration rate, resulting in addition o f salts to the top soils.

Copper, zinc, arsenic, cadmium, chromium and lithium

In contrast to the phreatic aquifer, the confined aquifer underneath the impermeable clay unit exhibits both ionic compositions and concentrations that are indistinguishable from those o f groundwater elsewhere in the region.

PPm

In conclusion, the emerging trend o f natural attenuation within the 18-year period since 1988 strongly suggests that once the tailings are encapsulated, one can expect the level o f contamination o f the phreatic aquifer subjacent to and down gradient from the tailings to continue to decrease.

Up to a maximum o f 0.6

5.3 IMPACT ON SOILS

0

Cultivation Areas of Potato Seedlings

Studies o f uranium concentration in potato seedlings cultivated near the C F M site conducted in 2003 show an average value o f O.OO8ppm. This value compares favorably with values o f 0.01 lppm reported in potato seedlings from other Cordillera piedmont areas in Mendoza and

Natural attenuation can be illustrated, for example, in Piezometer #56, where concentrations o f representative constituents dropped within that time period as follows: U: 268ppb to 23.6ppb; Ra-226: 1.18pCi/l to 0.56pCi/l; conductivity: 3330pS to 1578 pS; sulfate: 1393ppm to 820ppm; and bicarbonate: 841ppm to 157ppm.

35

21


T u c u m h provinces, and with values reported elsewhere in the world (0.003 to 0.015ppm). A high-resolution spectrometric analysis established the absence o f radioactive contamination, confirming that the seedlings qualify for commercial distribution.

Soils with elevated uranium values correspond to the area that i s frequently inundated by the shallow phreatic aquifer; these concentrations quickly decrease to background levels outside o f that area. The potato crops o f 2002-03 were limited to such low uranium areas.

5.4 POSITIVE IMPACTS OF THE PROJECT

The P R A M U project contributes significantly to the mitigation o f negative impacts on human health and the environment and to the rehabilitation o f the plant’s site for future use; it also increases CNEA’s institutional capacity for environmental management.

Additional benefits associated with the period in which the Project i s executed include a temporary increase o f employment opportunities in a high-unemployment area and an increase in the demand for products and services at the site’s area o f influence. Long-term benefits include reduction in exposure to radiation by the population; mitigation o f the impacts on surface water and groundwater, soils, flora and fauna and air quality; and a reduction o f the negative impacts on economic, cultural and tourist activities in Malargue’s sphere o f influence.

6. ANALYSIS OF REMEDIATION ALTERNATIVES

6.1 INTRODUCTION

The following considerations guided the selection o f the preferred mitigation option for the CFM:

P Ensure that the release o f contaminants to the environment i s kept below regulatory limits and subjected to ALARA;

> Prevent the establishment o f permanent human habitation at, and the use o f materials for construction and engineering infill from, the remediated site;

> Provide a design that would minimize institutional maintenance and control; P Avoid forming new sites encumbered with the waste; > Impose restrictions on the future land use o f the designated area; and > Establish a verification period to evaluate the performance o f the adopted system in

comparison to the model.

22


Table 6. Evaluated alternatives, their anticipated mitigation effects, relative costs, need for institutional control and impact on public perception

their current condition. None None None Very High Very Bad

Stabilize tailings and cap to prevent Rn emissions, infiltration and bioturbation. Divert runoff to depress GW table below tailings; decontaminate and fil l other CMF areas with natural soil,

V Gly L o w

Med. High Med. 0.71 High Bad

revegetate and landscape.

Relocate tailings to higher grounds to isolate it from GW; encapsulate, by providing an impermeable bottom and cap, and place the neutralized and compacted tailings in-between; Very Very Very divert runof f to depress GW High High High below tailings; decontaminate and fill other CMF areas with natural soil, revegetate and

L o w Very Good

landscape.

Relocate tailings to a basaltic site with lower GW table, some 3 5 km to the S. Place neutralized waste in natural depressions and cover with a multi-cap; decontaminate and f i l l other CMF areas with

High $;: High 1.52 L o w Bad

landscape.

23


San Rafael, some 180 km away. Manage tailings as under Alternative No. 2. Decontaminate and fill other High High High remaining CMF areas with natural soil, revegetate and landscape.

Very Good for Malargue, but Very Bad for San Rafael

Very Very Very 1-32 Low

1. N o Action - rejected because it fails to protect human health and the environment; disregards potential externalities (e.g., adverse impacts on Malargue’s economy);

2. Manage tailings at their existing location - rejected because the current location o f the mineral piles on permeable substrate will result in further contamination o f the phreatic aquifer;

3. Manage tailings by relocation within the site - adopted, as providing the best mitigation benefits within reasonable cost (approximately US$17/ton);

4. Manage tailings by relocation -35km to the south - rejected due to high transportation costs and associated risks, risk o f relocation to a Quaternary volcanic site, and damage to the reputation o f an area famous for i t s organic potato seedlings; and

5. Manage taiiings by relocation to CMFSR (-18Okm to the north) - rejected due to high transportation costs and associated risks, and very bad perception by San Rafael’s population.

The relative cost (comparing the cost o f the ‘active’ options to a reference cost o f 1 for the selected option) i s based on a 1994 study conducted by CNEA that factored in all material, engineering, labor and land-purchase cost components.

Based on the considerations summarized above, CNEA submitted to the Province a recommendation for implementing restoration by relocating the tailings within the C F M site (Alternative No. 3). In addition to the described tasks, the plan, submitted in 1994, also included provisions for a 20-year verification period to evaluate the system’s performance, and institutional controls to prevent human habitation and other intrusive activities.

6.2 THE SELECTED ALTERNATIVE

The selected alternative for site reclamation comprises the following activities: (i) Relocate the tailings from their current location that i s subjected to frequent flooding to the highest location at the site, and (ii) Encapsulate the relocated tailings so as to isolate them from the environment and comply with the established radiation standards. To ensure the containment o f the mineral waste

The Sun Rafael Mineral Processing Complex 36

24

C N E A ENVIRONMENTAL ASSESSMENT OF THE MALARGUE SITE PRAMU

piles, CNEA adopted an engineering solution comprising a system o f multiple barriers for their encapsulation, (iii) design and construction o f a semi-peripheral drainage system in order to depress the level o f the phreatic aquifer below the relocated tailings’ site.

Schematic representation of encapsulation of tailings at Malargue site

To cleanup the C F M area that has been impacted by industrial activities, the surface soil was removed and placed in the encapsulated pile, and the removed soil was replaced with clean, natural soil. Planting trees and herbaceous species would restore the site’s rural, pre-industrial setting. A 20-year verification period would follow to ascertain the adequacy and effectiveness of the restoration measures while residential development and intrusive activities such as drilling would be prohibited. The local authorities would be informed as to the need for additional considerations required for the h t u r e urban planning o f the reclaimed site.

The remediation and restoration work would comply with ARN’s Basic Standard for Radiation Safety (AR 10.1 .l) and with ARN’s mandatory standard RQ-86, as well as with the applicable laws o f the Province o f Mendoza on hazardous waste and nature p~eservat ion.~~ These measures would ensure that a critical population group would not be exposed to an annual radiation dose exceeding O.lmSv, a conservative protection level an order o f magnitude below that recommended by the ICRP. The dose level mandated by AFW for the Malargiie site i s usually applied to apractice (i.e., a nuclear power plant) rather than to an intervention (i.e., the restoration o f a contaminated site), as i s the case for the reclamation o f the CFM.

6.2.1 LESSONS LEARNED FROM DOMESTIC AND INTERNATIONAL REMEDIATION ACTIVITIES

In designing the PRAMU, lessons learned were incorporated from past domestic and international remediation a ~ t i v i t i e s . ~ ~ The key incorporated lessons learned are as follows:

P Develop a holistic management plan (as opposed to a fragmented strategy focusing on engineering aspects alone), including the promotion o f a policy for environmental

37 Full report o f risk assessment i s contained in Report on Technical Assessment of Remedial Plans, prepared by F. Claridge. World Bank report. M a y 2007.

Noted international uranium mine closures considered in the evaluation of the PRAMU included sites in Canada (Lake Elliott, Saskatchewan), Germany (the WISMUT restoration program) and the U.S.A (the UMTRA program).

38

25

CNEA ENVIRONMENTAL ASSESSMENT OF THE MALARGUE SITE P R A M U

management, developing institutional capacity for management and monitoring, and employing procedures for public consultation and distribution o f information; Optimize the available resources for remediating the sites based on well-performed studies and a debate on the proposed alternatives, as well as on risk assessment and cost-benefit analysis; Involve c iv i l society early in the process to buttress their confidence in the information and in the proposed engineering solutions, and keep civ i l society engaged in monitoring during project implementation and the long-term, follow-up activities; Take into consideration the community’s perception o f risk (vs. the actual risk) and incorporate risk management components into project activities; Clearly define and reach an agreement with stakeholder groups on the environmental commitments as well as the current and future commitments for monitoring and maintenance; Optimize the benefits o f the lessons learned, best international practices and cutting-edge technologies; Cooperate with and coordinate among environmental and mining organizations, governmental and non-governmental, at the local, provincial and federal levels; and Ensure consistent direction with respect to a well-designed communication strategy regarding the measures o f environmental remediation.

6.3 THE PUBLIC CONSULTATION PROCESS

During the preparation o f the restoration plans, numerous conferences, discussions and workshops were held. In December, 1993, CNEA held public hearings to discuss different restoration options for the Malargiie site.

Following discussions with various organs o f the Province o f Mendoza and the municipality, a draft EIA report was developed. After a review by the provincial authorities (conducted by the Faculty o f Applied Sciences and Industry o f the National University o f Cuyo, the Department o f Irrigation and ARN), the draft was presented in public hearings, workshops and conferences. The resulting public involvement helped the project achieve a degree o f consensus that facilitated project implementation.

As required for EIA approval?’ two public hearings were held, one to discuss engineering concepts (July, 1994), and the other to present details o f the engineering works and the monitoring plan (December, 1996). Participants expressed their interest in seeing mining residues relocated to San Rafael. 40 CNEA reviewed these requests in conjunction with other options prior to opting for managing the wastes in-situ. A day-long workshop, convened by a Mendoza delegate on July 4, 1996, provided the community with a stage to express i t s concerns.

39 L a w No. 5961 and a derived regulation 40 Participants included representatives o f the Province o f Mendoza Ministry o f the Environment, Mines Directorate, County authorities, the legislature, the Department o f Irrigation, Malargiie’s Chamber o f Commerce, professionals fi-om the National University o f C u p , watershed inspectors, medical professionals and teachers, citizens, landlords and small business owners.

26


A Project Monitoring Committee was set up in May 2001 to provide a forum for information and suggestions, to discuss the design o f participatory mechanisms to be applied during PRAMU preparation and implementation, and to monitor project activities, mainly with respect to consultation and decision- making processes. The initiative started with the participation o f NGOs at a national level (including Greepeace, Friends o f the Earth, and others), as well as institutions directly involved in the project, including the ARN. The agreed purpose was to reach and open the forum to regional and local NGOs through the network o f the invited organizations. The P R A M U EA was updated and, following an agreement reached with NGOs and other stakeholders at the workshop, made available to the public through the CNEA web site in early July 2001. The document was discussed at a second meeting (August 2001), as well as through exchanges o f electronic messages. A new meeting was held in December 2004, and earlier recommendations were confirmed. Most observations emphasize the importance o f developing meaningful consultation and participatory processes-in contrast to mere compliance with formal requirements-to strengthen the capacity o f communities to participate in such processes in an informed way and to ensure the sustainability o f the works and processes through proper funding (as foreseen, but not implemented yet, under the Radioactive Waste Management Law).

The Malarpue consultation process was re-assessed in December 200 1 and again in July 2005, in terms o f transparency, awareness o f the community, and validity o f i t s results, nearly four and seven and a hal f years, respectively, after it was originally completed. Legislators and authorities from Mendoza Province and Malargue, as well as representatives o f the community, were contacted in these surveys. The overall conclusion was that the original process was inclusive and that all the concerned parties remain supportive o f the project-and impatient to see it commence. Details o f the consultation process, together with copies o f the formal findings o f the authorities o f Mendoza Province are included in an updated Draft EA report (July 2005 and January 2006), that was made available on the PRAMU website and at the World Bank’s Infoshop.

7. A PLAN FOR ENVIRONMENTAL MANAGEMENT

7.1 ANTECEDENTS AND REFERENCES FOR DEFINING THE PROJECT

To facilitate the adoption o f engineering solutions that measure up to the best international practices, CNEA has maintained technical contacts with countries and institutions experienced in the field o f uranium mining. These culminated in technical exchange and cooperation pacts with the U.S. Department o f Energy (the UMTRA Project, 1996) and the Spanish Corporation o f Radioactive Waste (ENRESA, 1999). With the support o f the IAEA, CNEA personnel underwent training in the U.S., Canada and Australia. A P R A M U team studied management practices at the uranium processing plant in Andujar, Spain, and has been engaged in a jo int CNEA-USDOE research on semi-permeable membranes.

To reduce factors that might detrimentally affect the integrity o f the design, it was decided that no electronic or electrical tools would be used for the encapsulation o f the site, nor would any synthetic materials such as membranes be used in inaccessible locations that have no proven

27


track record. To prevent a violent dispersion, materials to be used in the barrier would be neutralized solids devoid o f free water or gases.

From the outset, it was evident that it was necessary to understand variations in the level o f the phreatic aquifer in order to appropriately design the encapsulation. A hydrological study41 revealed that the temporal variations o f the phreatic aquifer depend on several parameters, including variation in snow-fed recharge from the Cordillera, classical seasonal variations, and finally, on the topographic variation.42 At the point where the phreatic aquifer i s most elevated, the encapsulation was designed so as to be located between 2.5 and 3m above the aquifer’s oscillating level, and as l i t t le as 1.5m above the aquifer once in a thousand years event.

The study also demonstrated that the temporal variations o f the phreatic aquifer lag five months beyond those o f the Malargiie River. Analysis o f the River’s hydrographs indicated that within a 99% confidence level, there i s a 0.1 % probability that it would exceed a f low level o f 45 m3/sec (a once in a thousand years event). Under such an extreme f low regime, the highest phreatic level underneath the NE sector o f the relocated tailings would not exceed 0.65m below the surface. The study concluded that the subterranean drainage controls would lower the phreatic level to a sufficient degree such that it won’t immerse the bottom barrier; the very l ow permeability o f the bottom barrier (about 2.9 x 10-gcm/s) would result in transmissivity that i s l o w enough to ensure complete containment o f the encapsulated tailings for over 500 years.

7.2 SITE REMEDIATION AND ENCAPSULATION OF TAILINGS

Overview

The Project involves the following category o f tasks: (i) Demolition o f the installations and conditioning their materials for disposal; (ii) Construction o f a subterranean and surface drainage systems, sealing the beds o f the irrigation canals and drilling a well to supply water for the works; (iii) Relocation o f the tailings to the highest grounds at the site and their encapsulation; (iv) Decontamination o f the area; (v) Plantation o f vegetation; and (vi) Post closure monitoring for 20 years for performance verification. To date, tasks (i) and (ii) have been completed.

Description of Tasks

> Demolish all masonry and concrete installations that cannot be salvaged, dismantle and downsize machinery and metal components, and place debris in the area designated for receiving the relocated tailings waste.

> Install subsurface drainage pipeline to lower the level o f phreatic groundwater in order to isolate the bottom o f the newly relocated tailings and enable access for remediation to periodically flooded areas.

> Install a storm-water collector system at the SE flank o f the encapsulated pile and above the subterranean drainage to divert runoff away from the embankment o f the relocated tailings,

Coria Joke y AssociadosiEvaluacidn de l efecto del drenaje subterrheo en e l nivelfiedico, Oct. 2002. 41

42 Snow-fed recharge accounts for i 2m while seasonal variations account for f lm, with a maximum in April and a minimum in October.

28


thus improving the site's drainage and reducing the vulnerability to erosion o f the relocated tailings. Seal with concrete the bottoms o f the irrigation bounding the site. Construct a containment cell around the tailings to impede the migration o f contaminants through al l possible pathways. Condition and compact the bottom o f the tailings cell to a depth o f 0.7 m. Construct a multi-cap, engineered bottom barrier consisting o f (from bottom to top): . . .

0.4m-thick cap o f porous material (to stabilize the foundation and prevent capillary fluid movement), 0.15m-thick sandy-clayey soil cap (to prevent intrusion o f the superjacent, clayey cap into the subjacent porous cap), O.5m-thick, very low permeability (between 1 Om8cm/sec and 2 . 9 ~ 1 O~gcm/sec), low- plasticity compacted clay-cap (a dual-purpose barrier against downward infiltration o f contaminated water and ascent o f phreatic groundwater into the tailings).

Following neutralization with lime and compacting, pile the relocated tailings, contaminated soils and demolition debris in layers to a height o f 5m on the engineered bottom barrier, placing the least compressible material underneath the lighter and more compressible fractions. Construct a multi-layer, engineered top barrier. The design to be implemented i s based on studies to gauge the maximum depth o f desiccation under variable weather conditions and reduce the long-term emissions o f radon. This barrier would consist of (in ascending order): . A O.5m-thick, very low-permeability (between 1 O-'cdsec and 2 .9~10~ ' cdsec), low-

plasticity compacted clay-cap, where water saturation will be maintained so as to minimize radon emissions, A 0.8m-thick) compacted sandy-clayey soil cap (permeability o f 1 0'4cm/sec), to maintain water saturation in the subjacent clay cap and protect i t from the superjacent riprap cap, and A 0.5-0.7m-thickY compacted riprap cap comprising scoriaceous volcanic rocks with inter-granular voids fi l led with clayey soil to provide a substrate for stabilizing herbaceous vegetation. This layer i s intended to protect the top barrier against erosion, control radon emissions and Gamma radiation, and prevent biointrusion and long-term tampering.

.

.

The thickness o f the multi-layer capping was determined based on two studies: (1) Modeling the response o f the upper cap to precipitation, temperature, wind, relative humidity and cap's slope indicated that desiccation would be limited to a depth o f lm, thus not impacting the humidity o f the low-permeability clay layer; 43 (2) To ascertain the required reduction in radon emissions, atmospheric dispersion parameters were applied to a hypothetical population group surrounding the site to ensure that the collective dose would comply with the standards for a period o f 200 years. This modeling indicated that once capped, the radon emanation f rom the exposed tailings would be reduced from 6-10Bq/m2s to 0.12Bq/m2s, well below U S EPA's required dose o f 0.74B q/m2s.

43 Modeling performed by CRAS: Centro Regional de Aguas Subterrdneas

29

CNEA ENVIRONMENTAL ASSESSMENT OF THE M A L A R G m SITE PRAMU

The new embankment, located in Sectors 1-3-4 o f the site would be an 8m-high truncated pyramid, with rectangular trapezoid bottom and top surfaces and a base area o f about 130,000 m2. I t s final dimensions and slope are designed to satisfy both practical (proper drainage and wind protection) and aesthetic considerations.

P Excavate all site soils that have been impacted by industrial activity, place them in the new tailings' containment area, and re f i l l with uncontaminated soils to ensure compliance with U S EPA standards for radium 226 concentration^.^^ Then revegetate, to convert the site into an access-restricted, fenced-in 'green space'.

Once the source o f contamination has been relocated and encapsulated to stop further leaching, restoration o f the phreatic aquifer would proceed through natural flushing and attenuation. Attenuation would be achieved by dilution thanks to the vigorous f low o f the phreatic aquifer (about 500 dy r ) and through ionic retention by a natural clayey surface cap. As discussed in Section 5.2 above, this process has been taking place at least since 1988, when plume monitoring started. The process would be closely monitored through extensive sampling o f soils and ground water.

The final land use o f the restored site would be determined by public consent and endorsement o f the authorities at all levels, following a 20-year period o f site monitoring to verify the successful performance o f the mitigation measures. Concurrently, the municipal authorities would be urged to apply site access restrictions to ensure the integrity o f the barriers and monitoring posts, while keeping at bay permanent dwelling.

7.3 MITIGATION OF IMPACTS DURING REMEDIATION ACTIVITIES

The execution o f the Project's tasks involves activities that cause temporary and localized environmental impacts. Those impacts were identified and assessed in order to establish an environmental management plan to mitigate their effects. To comply with the legal framework, the following measures would be applied to address project-execution related impacts on water, soil, air and vegetation, as well as cultural, noise and visual impacts.

Hazardous waste: The execution o f the project would involve the extensive use o f machinery and trucks, entailing the generation o f hazardous waste such as used oil, f i l ters and pneumatic fluids. Both national and provincial laws regulate the management o f these materials.45 Their potential contaminative impact on soils and water would be minimized by adhering to these laws, as well as by constructing properly protected storage areas for temporarily storing the waste, and contracting with a company that specializes in its transport and disposal.

Impact of relocating the mineral waste piles: The primary impact o f this task i s the risk o f causing both workers and the public to inhale suspended particles in the course o f the removal

According to USEPA 40CFR 192, in the top 15 cm, Ra-226 concentration should remain below 5 pCi gr-' above 44

background and in the next 15 cm further down, concentration should not exceed 15 pCi gi '. Consequently, exposure should not exceed 20prad h-' above background level.

National Law 24.05 1 and Provincial Law 5917. 45

30


and the nearby re-placement o f the waste piles. To minimize dust, the work face would be kept wet, and activities would be suspended once wind velocities exceed 20 km/h.

Extraction and hauling of acquired materials: The construction o f encapsulation requires five types o f natural materials: rocks, clay, riprap, sandy-silty soil and silty soil. The source quarries are located within a distance o f 3 to 20 km away from Malargiie. Some concerns common to all quarrying activities include: the need for minimizing impact on flora and fauna to be removed from the designated quarry sites and their access routes and their post-closure restoration; contingency plans for accidental spil ls during material transport; licensing and control o f explosives and o f incendiary and hazardous materials; and the disposal o f municipal- and sanitary waste.

Super-cial soil contamination outside the CFMsite: A 7.5ha area immediately adjacent to the NE site area has been leased from Mr. Cab6s so as to treat i t s soils in the same way the contaminated onsite soils are to be treated: by removal o f the contaminated layer and its replacement with clean soil. This remediation would then allow the planting o f annual crops.

General provisions for worker andpasser-by protection: In compliance with al l applicable labor and sanitation regulations, changing rooms, sanitation- and medical facilities, personal radiological and safety protections and controlled site access would be put in place. The different site areas would be classified with respect to radiological safety (i.e., access-free, supervised and controlled) and appropriate signage would be installed.

7.4 EXPECTED IMPROVEMENTS RELATIVE TO THE PRESENT SITUATION

In their present setting, the tailings emit radon and Gamma radiation at levels that subject a hypothetical critical group residing permanently at the perimeter o f the CFM to unallowable doses. At the same time, shallow groundwater at the NE part o f the site have been contaminated by anions and cations leached from the tailings, and the evaporation o f this water from the seasonal marsh skirting the tailings caused a buildup o f soil salinity and uranium contents. The restoration o f the tailings by encapsulation would provide protection f rom radon and Gamma radiation, prevent rainfall infiltration and provide an effective impediment to tampering with the contaminated materials. The bottom barrier and the engineered subterranean drainage prevent further leaching from the tailings while the latter also depresses the aquifer’s level. As a result, once flushing and attenuation have taken their course, groundwater quality would be fully restored. In addition to the tangible benefits o f these environmental and health improvements, the reclamation work would also enhance the public image o f CNEA.

Table 7 summarizes the actual environmental benefits anticipated after the relocation and encapsulation o f the contaminated tailings.

Table 7. Summary o f the actual environmental benefits expected from the Malargue restoration project.

31


8. ENVIRONMENTAL MONITORING

8.1 INTRODUCTION

Whereas CNEA would execute environmental monitoring at the site, ARN has the mandate to regulate those activities through control and auditing. CNEA i s charged with site restoration activities according to the following objectives:

P Decrease the contamination levels, in compliance with the applicable regulatory standards for both radiological and conventional sources; and

P Preserve natural resources during reclamation work.

PRAMU has designed three stages o f environmental monitoring, and will share the data collected with the potentially affected communities:

1. Prior to each sub-project, baseline monitoring to assess the effectiveness o f restoration work; 2. During reclamation work, monitor for changes in key environmental parameters; 3. Post closure, monitor the stability o f the tailings ‘dam’ to ensure compliance with the

applicable environmental standards, and to reassure the public that the restored area no longer presents a risk.

32


Tables outlining the details o f the three stages o f environmental monitoring can be found in Annex 2 and Annex 3 o f this document.

8.2 MONITORING CRITERIA

The primary concern associated with the management o f uranium waste involves the potential dispersion o f natural radioactive elements and conventional contaminants and their impact on workers, the public at large and the physical and biological environment. The following describes the baseline data collection, the monitoring measures and the data to be collected as part o f the post-closure monitoring.

As o f December, 2006, equipment for measuring suspended matter and Gamma radiation had been purchased, while the procurement o f topographic measurements “intelligent station” i s underway and the acquisition o f personal dosimeters and a submerged electrical pump i s being assessed. The latter would greatly increase the availability o f water compositional data essential for the establishment o f a baseline and during project execution.

8.3 ENVIRONMENTAL MONITORING AT THE MALARGUE SITE

Monitoring Programs

The monitoring programs to be implemented by PRAMU’s Unit for Environmental Management (UGA46) have the following objectives:

Determine the degree o f completion o f reclamation work with respect to the requirements to control the formation and dispersion o f particulate matter; Evaluate on a continuous basis the effects on public health and the environment; Maintain a dynamic database to facilitate the assessment o f control and protection measures; Assess and control the individual dose levels for workers; Assess the levels o f occupational exposure in the controlled area; Evaluate the efficiency o f the measurement equipment; Detect anomalies during the reclamation work, and Fix the anomalous situations.

Monitoring Air Dispersion

During the execution o f the main tasks, continuous measurements would be performed at the site and i t s vicinity o f respirable suspended particulate matter, as well as measurements to record hourly variations in the amount o f radon-222 daughters that are associated with settled particulate material. Sampling o f particulate material would be carried out in accordance with the following criteria:

9 Continuous monitoring during the relocation o f the mineral waste piles;

~

46 Unidad de Gestidn Ambiental

33


P Selecting at least 2-3 measurement points above or adjacent to the site’s boundaries, according to the prevailing wind directions;

P Selecting a measurement point above any residence judged as a significant recipient o f particulate material;

P Selecting a measurement point that i s remote enough from the site to serve as a background reference point;

P The samples should provide the quantity and total concentration o f suspended particulates and specifically, those o f the respirable fraction; and

P The samples should enable the analysis o f natural uranium, Ra-226, heavy metals and those elements that the baseline study determined to be o f significance.

The measurements o f radon and i t s daughters would be performed taking into consideration the following principles:

P Measurement points would be located around the source and along trajectories emanating from it, taking wind directions into consideration;

P Measurement points should be located according to the site’s predominant wind directions; P Detectors would be located so as to measure radon concentrations at the sources and above

the site’s perimeter; P Both active detectors (for hourly records) and passive, integrated detectors (for average

concentrations during measurement) would be concurrently employed; P Radon emissions would be measured at the work’s moving face; and P Measurement o f radon daughters would be accomplished with active detectors to determine

the concentration o f short-lived Alpha radiation.

The assessment o f air quality during reclamation would consider meteorological parameters such as wind direction and velocity, rain and snow regime, barometric pressure, temperature and relative humidity. Daily measurements o f suspended particulate material will take place at the work areas and monthly measurements will be conducted for chemical comp~si t ion.~’

Hydrological Monitoring

The monitoring o f surface- and groundwater would be carried out to determine the quality o f the water and control for possible impacts associated with the relocation o f materials from the site as well as from the quarries. The most essential water resource to be monitored during the reclamation work i s surface water, including irrigation canal waters around the site and water circulating at the watersheds adjacent to the quarries. Composite samples o f irrigation canal water would be collected for laboratory analysis o f each f low event during the relocation o f the mineral waste pi les upstream and downstream from canals that skirt the site. Similar procedures would be applied to sampling o f groundwater. Groundwater would be similarly sampled and compared to baseline data. Parameters to be analyzed in situ include pH, conductivity and temperature, whereas laboratory analyses would address dissolved oxygen, TDS, TSS, hardness, major ions, metals and natural radioactive elements.

47 The Environmental Assessment portrays the sampling points for measurement o f suspended particulates and radon. Measurements o f radon doses should not exceed 0.2 pSv/h, the background level.

34


Sampling frequency will be every three- or six months for local and regional surface water, respectively, and every six months for g ro~ndwate r .~~ Unexpected events will trigger unscheduled measurements.

Monitoring Dispersion via Soil

The integrated, cross-media study to precede the reclamation work would establish a baseline at the site o f the quarries and in their sphere o f influence. This study would facilitate control during the different work stages.

Monitoring the Quarries and their Production Impacts

The extraction o f the rock from the quarries would involve the use o f explosives and the generation o f hazardous and solid waste; hauling the rock materials to their emplacement site would cause increased truck circulation in populated areas, increased dust and noise levels, and an elevated risk for accidents. Various monitoring activities would be implemented and are further detailed in Annexes 2 and 3 o f this document.

Monitoring External Exposure

Monitoring external radiation at the work site helps reduce exposure levels to ALARA and ensure that no individual receives above the maximum allowable individual dose. Workers in the controlled areas would utilize personal dosimeters, which allow an assessment o f their occupational exposure levels.

Quality Assurance

QA would be guaranteed through a variety o f measures, including the assignment o f monitoring tasks to appropriately qualified personnel, utilization o f proper sampling instruments, correct definition o f sampling points, and application o f appropriate sampling procedures. To ensure the reliability and precision o f the results, UGA would see to it that the methods deployed are adequate; that the precision o f the results enables their comparison with values established by the applicable regulations, and that the measurement equipment i s calibrated and well maintained.

Capture and Accessibility of the Monitoring Data

The monitoring results would be recorded in databases to be captured on computers with appropriate backups and in paper archives properly protected from deterioration. The results would be posted on the Internet and hard copies would be available to individuals and NGOs upon request, as mandated by freedom o f information legislation. All monitoring results would be administered under an outreach program geared towards the local community and the public at large.

Corrective Measures

48 Local and regional sampling points portrayed in Environmental Assessment.

35


Were the measurements to indicate deviations from the prevailing regulations, mitigation measures would be put in place. UGA i s responsible for the managing corrective measures in response to data indicating non-compliance.

8.4 POST-CLOSURE MONITORING

The proposed repository employs an accepted design utilized for uranium mill tailings in the U.S. and other countries in the last two decades. While considered state-of-the-art, the long-term performance o f such repositories has not yet been established. This explains the need for the long-term monitoring plan as proposed under the Project.

During an estimated period o f 20-yearsY the performance o f the system and its components will be verified by monitoring fluctuations in the level o f the phreatic aquifer, the hydrochemistry o f groundwater and surface water and the emission levels o f radon gas and Gamma radiation. CNEA-PRAMU will meet with ARN annually to discuss the monitoring results and whether there i s a need for modifications. In the longer-term, a monitoring plan would be implemented that would address the physical conditions at the site as well as control the water and air at the site’s sphere o f influence.

CNEA’s Project’s Execution Unit (UEP49) would carry out project monitoring. Simultaneously, the ARN, as well as provincial authorities, would be involved in the verification plan. All field and laboratory measurements would be executed under a Quality Assurance Plan. Monitoring targets would include:

Aquatic pathway: Subsurface and surface water would be monitored by point measurements for physical and chemical parameters, uranium, Ra-226 and conventional solvents by the existing network and by a network o f 12 piezometers, newly installed 150m apart at the perimeter o f the encapsulated tailings. The circum-tailings piezometers would provide data on a monthly basis, to be augmented by a network o f CNEA piezometers (with measurements taken every six months); surface water would be measured once every four- months. Air: Radon in the air would be measured around the site o f the relocated tailings twice-a-year during the f i rs t two years, employing continuous sampling for a week at a time, and based on the findings in that period on an as-needed basis in the out-years. Soils: Radon emissions and exposure to the gas would be measured at the site o f the relocated tailings and in the surrounding areas. For exposure, point data would be collected twice a year for the f i rs t year, then annually. For gas emissions, a continuous, weeklong sampling would be performed four times a year during the f i rs t year, and semi-annually in the out years. Containment system: Relative movements o f the cap structure will be monitored with respect to fixed reference points, semi-annually in the f i rs t three years, then annually. Subsurface drainage system: Flow and water quality would be monitored three-times a year.

49 Unidad de Ejecuci6n de Proyecto

36

CNEA ENVIRONMENTAL ASSESSMENT OF THE MALARGUE SITE

r

Item Amount (Peso) USD Air quality: Radon General supplies 6,000

chemical analvsis 3.000 Particulate matter Filters and other 10,000

PRAMU

Water quality: Chemical analysis Soil quality: Soil chemical analysis

General Gamma exposure

Professional staff on site

8.5 QUALITY ASSURANCE PLAN FOR POST-CLOSURE MONITORING

300 samples 13,000

40 samples 1,500

Fuels, batteries, 2,500 bottle, library, shipping Lead specialist 54,000 3 technicians 108,000

General supplies 1,000

CNEA’s Q A program i s designed to touch all elements o f the organization. In order to optimize the performance o f i t s duties, improve internal communication, reduce costs and time and launch the most efficient use o f resources, a Q A scheme was adopted that includes four stages o f post- closure monitoring:

TOTAL

P Planning the tasks: define the activities and processes to be encompassed in the Q A system with reference to IS0900 1 :2000 and ARN’s Standard 3.6.1 ;

P Design a system to ensure quality and process documentation; P Establish a system o f management and process qualification; and > Follow-up and verify the status o f inculcation o f the management system.

1 worker 24,000 223.000 70,347

Table 8 Annual Budget for Monitoring

37

ru I 0

I

v) s

* = m

e 2 1 ‘

a 8

x e 3 2

x

a B

- .I 0 m

m

UY * 2 a m N


9. INSTITUTIONAL STRENGTHENING AND CAPACITY BUILDING

To facilitate a long-term post-closure monitoring program as well as the capacity to develop engineering solutions for Malargue and other PRAMU sites, an institutional strengthening regime for CNEA was devised as detailed below.

Strengthening of CNEA ’s Environmental Management Unit (UGA)

N e w environmental legislation has created a situation whereby a pragmatic, case-by-case approach to environmental management issues had to be supplanted with an integrated environmental management system based on global vision and coordinated action. This new approach helps effectively implement mitigation or restoration measures for projects under CNEA’s responsibility. In practice, the Project Execution Unit (UEP) would assume the functions and responsibilities assigned to UGA vis a vis the reclamation o f the Malargue site. In the early stages, the Project has hnded the hiring o f international consultants to support the technical aspects o f project planning (e.g., risk analysis, environmental impact assessment and cost-benefit analysis) and execution (e.g., work inspection) while training UGA’s staff “on the go.” One o f the key assignments o f the newly formed unit would include the development and implementation o f improved and systematic public consultation and information distribution processes.

Public Consultation and Information Distribution Process

It i s important to involve the communities that stand to be impacted by the project in reaching an accord on reclamation decisions. Community consensus would guarantee the sustainability o f reclamation activities. Because the issues vary from site to site, the general strategy for public consultation needs to be adjusted to site-specific conditions. Local, participatory workshops to present technical data in a readily understandable form would augment the posting o f general information in the local and national media. The workshop process would be documented and analyzed for deducing lessons learned. In addition to consulting with the public at large, consultations at each individual site would also encompass qualified representatives o f the legislative as well as province-level and local-governmental authorities.

The Action Plan for implementing the objectives for public participation would involve the following:

> Defining the information that would be communicated to specialized sectors as well as to the public at large concerning PRAMU, the advantages and disadvantages involved and the technical reclamation methods;

P Defining the strategies and participatory mechanisms o f the different sectors - social, political, governmental, non-governmental and c iv i l society at large;

> Identifying stakeholders at each o f the sites and the most effective means for interacting with them, including workshops, public hearings and consultations;

k Selecting social actors (e.g., NGOs and universities) involved in environmental affairs to establish a consultative council and a nexus to the community; setting up a national level Project Monitoring Committee facilitated by the WB project team and consisting o f

40

ENVIRONMENTAL ASSESSMENT OF THE MALARGm SITE PRAMU

members f rom national NGOs, CNEA and representatives o f the relevant Federal authorities as well as Committees o f the National Congress (Natural Resources and

Elaborating the educational campaign; Developing a strategy for interaction and feedback with stakeholders; Selecting and staging procedures for disseminating the information to promote participation (e.g., mail distribution o f f l iers and questionnaires, audiovisual material and personal or telephone contacts); Seeking accords and consensus among the different stakeholders; Conducting a vigorous publicity campaign via the press and electronic media to broadcast the pending activities and their results; Establishing information centers at each remediation site; and Developing a publicly accessible website -).

Energy);

Development of an Environmental Management and Information System (SIGA’O)

The establishment o f an Environmental Management and Information System (SIGA) would facilitate the collection and use o f technical information and environmental data in the execution o f UGA’s responsibilities. The SIGA would encompass the following: (i) aggregation o f all available information on the web sites under CNEA’s administration; (ii) management o f all the data collected through the site monitoring programs; (iii) storage o f all the information collected in the course o f environmental impact studies; (iv) ability to quickly retrieve the stored information; (v) assist in project mitigation and restoration activities; (vi) support decision making, and (vii) support the public information process by enabling Internet access to the data.

Project funding would cover the costs o f consultants for system design and programming, training the operators and users and the acquisition o f hardware components required for the System’s maintenance and operation. During the f irst year o f the System’s operation, activities would focus on the analysis, classification and organization o f the information at hand and on training personnel.

Creation of a Project Execution Unit (UEP)

Creation of a Project Execution Unit (UEP) that i s adequately staffed and equipped would facilitate the successful implementation o f the Project and the post-closure monitoring. The existing technical team5’ would be augmented by hiring additional professionals, as needed. To satisfy needs in subjects for which CNEA-PRAMU does not have in-house expertise (e.g., radiological protection), experts would be hired for defined tasks from other sectors o f CNEA or from ARN.

The UEP i s tasked with the coordination o f the project components; elaboration o f the annual work programs and managing the Treasury’s allocated funding; preparation o f documentation for solicitations and acquisitions in conformance with the WB’s requirements; managing the

*’ Sistema de Informacidn y Gestidn Ambiental

chemists and six technicians. Currently comprising three c iv i l engineers, three geologists, two chemical engineers, one mining engineer, two 51

41


acquisition o f products and services for the project; ensuring environmental compliance during project execution; administering project payroll and accounting; tracking project progress and expenditures; producing progress and status reports; establishing and maintaining communication with the contractor and internally, with the different CNEA sectors involved in the project; and cooperating with the WB in the execution o f project auditing.

42

CNEA ENVIRONMENTAL ASSESSMENT OF THE M A L A R G e SITE P U M U

BASIC DOCUMENTATION FOR MINERAL TAILINGS MANAGEMENT AND RECLAMATION, THE MALARGUE SITE

1. ENGINEERING ~ r Name Author Year

I Volumes o f materials for the tailings’ floor and calculation o f 1996 Grasso - CNEA

Grasso - Roldan CNEA Tomellini, Luconi, Parera, Saldaiio, Carribn, Ortega CNEA Instituto GeotCcnica W C Giordano - Grasso CNEA Meza - Ferreira CNEA Avi la - Achen CNEA Avi la - Achen CNEA

Ninc i - CNEA

-

densities

General topography o f the CMF 1996

Analysis o f samples from the mineral waste piles, pile bottoms and substrate soils

1996

1 Essays o f materiales (5 volumes) 1995 1996

1996 Simples

Study o f the lithology o f the exploration area 1996

1996 Radiologic protection -

Decontamination, dismantlement and demolition 1996

1996

1988 1989

1996

1996

1996

1995

Photo-geomorphologic identification o f the adjacent depressions to the CMF

CRAS Hydrogeological studies (4 volumes)

The drainage project Liseno - Figueroa NMSE

I Analvtical results and essavs Bottaso - CNEA Grasso - Ro ld in The Puesto La Bebida clay deposit

Mineralogical and textural analyses CNEA Maloberti - CNEA Lab. de Suelos y Hormigones “Cuesta del Viento”

1995 1996 1 Dispersion studies

1 Neutralization o f the tailings 1996 Asenjo - CNEA Scarnichia - D e Lorenzo CNEA Cardozo - CNEA Maloberti - CNEA Avi la - Achen

Dose estimate and optimization

Development and extraction o f rocks Petrographic description

I Post-closure monitoring

43

CNEA ENVIRONMENTAL ASSESSMENT OF THE MALARGm SITE

Name Mathematical operation model o f groundwater flow

2. ENVIRONMENTAL IMPACT ASSESSMENT

Author Year CRAS 1996

Name

Requirements for the management o f the tailings o f CFM

Management o f wastes - Gamma exposure (dose in air)

Technical report on attaining Licensing I T 1 15 Instalation o f a system for the acquisition o f micrometeorological data in CFM

Anlysis o f the information o f the meteorological stations o f Malargue

Climatografia del &rea Malargue

Measurements o f radon

Evolution o f the aauifer o f Malarniie Hydrogeological analysis Hydrologic study o f an alternative area Studies o f seismic risk Neotectonic studies Anlysis o f geological favorability Geological Dhoto-intemretation Geomomholonic studv

I Exploration o f Malargiie’s clay areas

Cost estimates Measurements o f deposited dust

3. OTHER COMPLEMENTARY STUDIES

PRAMU

~~

Author Dpto. Instalaciones radioactivas - CNEA

CNEA

Robbio - Haluska Clein CNEA Soto - Stingo - Luzca - Robbio CNEA CNEA Avila - Lineros Lucero - Poblet CNEA CRAS CNEA CRAS

CNEA Moreno - CNEA Cardozo - CNEA CNEA

Year

1992

1987 1988 1989 1991

1993

1993

1993

1993

1993

1994

Technical aspects o f the semi-periferal drain I CRAS 1 1996 Infiltration in the clav caD I CRAS I 1996

I ProDosal for a soundwater monitoring: network I CRAS Pre-project for flood protection and evacuation at the CFM 1996 Superficial geomorphology and hydrology o f the CFMarea CRAS 1996 Hydrological balance o f the surface o f the tailings pile 1996 Replantation o f the drainage system CRAS 1996

CRAS

CRAS

Coria Jofre 2002 Assessment o f the effect o f the subterranean drainage on the level o f the phreatic aquifer Anhlisis o f options CNEA 1994

44

CNEA

Name

ENVIRONMENTAL ASSESSMENT OF THE MALARGUE SITE

Author I Year Ferreira - Meza

PRAMU

Selection o f areas for the re-placement o f the uranium mineral tailings

Vuil len - Nievas Elena - Ninc i Salvarredi

1992

Analysis and conclusions following a visit to the CFM Global climate change, trends in Argentina Installations dismantlement plan

CNEA Nievas - CNEA 1992 Ninc i - CNEA 1995 Haluska - CNEA I994

45

Documents

MINING ENVIRONMENTAL RESTORATION PROJECT … · onsite management of the tailings, while two others considered relocating the tailings either to a non-populated area 35km to the south,